ML20076J671

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Affidavit of WT Hagarth Supporting Util Summary Disposition Motion of Eddleman Contention 83/84 on Chemical Discharges. Certificate of Svc Encl.Related Correspondence
ML20076J671
Person / Time
Site: Harris  Duke Energy icon.png
Issue date: 08/31/1983
From: Hogarth W
CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:
Shared Package
ML20076J582 List:
References
ISSUANCES-OL, NUDOCS 8309070285
Download: ML20076J671 (10)


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w:.xiw i:0DUur?nsnesco C0CKF.TED UNITED STATES.OF AMERICA USNRC

- NUCLEAR REGULATORY COMMISSION e -

." BEFORE THE ATOMIC SAFETY AND LICENSING 3dAfi9 -6 P1 :26

____ _0EEICE E SE CPE? F1--- --

In the Mattetof )- g.gcgg.imG & SEN!f.!,

) BF./.NCH CAROLINA POWER & LIGHT COMPANY )

AND NORTH CAROLINA EASTERN ) Docket Nos. 50-400 OL MUNICIPAL POWER AGENCY ) 50-401 OL

)

(Shearon Harris Nuclear Power Plant, )

Units 1 & 2) )

AFFIDAVIT OF WILLIAM T. HOGARTH IN SUPPORT OF

SUMMARY

DISPOSITION OF EDDLEM AN CONTENT!ON 83/84 (CHEMICAL DISCHARGES)

STATE OF NORTH CAROLINA )

)

COUNTY OF WAKE )

WILLIAM T. HOGARTH~, being duly sworn according to law, deposes and says as follows:

1. I am Manager-Environmental Technology Section of Carolina Power & Light Company, and give this affidavit in support of Applicants' Motion for Summary Disposition of Eddleman Contention 83/84. I have personal knowledge of the matters set forth herein and believe them to be true and correct to the best of my information, knowledge, and belief. A summary of my professional qualifications and experience is attached as Exhibit "A" hereto.
2. Eddleman Contention '83/84 (Chemical Discharges) alleges that the Applicants have not adequ<1tely assessed the environmental effects of the SHNPP chemical discharges. The purpose of this affidavit-is to summarize Applicants' environmental assessments of SHNPP chemical discharges in support of Applicants' summary disposition motion.

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3. The Applicants have foll' owed applicable guidelines ' and regulations established pursuant to federal and North Carolina law in evaluating the effects of chemical discharges in the Environmental Report - Construction Permit ' Stage and the Environmental Report -

Operating License Stage.

4. The NRC established guidelines (Reg. Guide 4.2, Rev. 2, NUREG-0099) for applicants to follow in preparing environmental reports to ensure that adequate environmental assessments are performed. ' As recommended, Applicants' ER measures expected discharges from the Harris plant against federal and state effluent standards - namely, the North Carolina water quality standards for Class C waters and the NPDES permit requirements. See ER Table 3.6.2-2; see also ER SS 3.6, 5.3 and 5.4.
5. The effluent concentrations the Applicants expect to discharge are below or are equal to the NPDES " average- rather than the " maximum" concentration limitations. For example, the NPDES requirement for free available chlorine (FAC) is an average concentration of 0.2 mg/l and a maximum of 0.5 mg/1. Discharge of total residual chlorine (TRC)- of which only a small fraction will be FAC - is not expected to exceed 0.2 mg/1. The level of TRC which Applicants expect to discharge is that recommended by the NRC Staff in the RFES-CP. FAC in the discharges at Harris is actually expected to be below detectable limits. In order to ensure compliance with their own operational [Slans as well as NPDES permit requirements, the Applicants have made provisions for effluent hold up and sampling prior to release to the blowdown line for all wastes reijuiring treatment to meet EPA effluent guidelines or state water quality standards. ._
6. The Applicants also m'odeled the dilution and mixing of discharges, as recommended in Reg. Guide 4.2. The model assumed the mixing zone to be a 120 acre surface area. (E.R.

Section 5.3.2). TRC will be degraded to 0.01 mg/1, well within this mixing zone. The NPDES permit requirements allow a larger mixing zone (200 acres). The expected 0.01 mg/l meets the most restrictive criteria for a fresh warm water fishery (Quality Criteria for Water,1976, EPA-440/9-76-023). Applicants and the NRC Staff have determined that TRC and other discharges

were determined by Applicants to pose a minimal risk to the environment due to rapid mixing and dilution, as well as by the NRC Staff. See DES at 5-3 to 5-9.

~ 7. Based on compliance with EPA effluent limitations and the dilution and mixing effects, the Applicants have concluded that the expected discharges will have no significant overall risk to environment. The NRC staff in its independent assessment of impacts (DES) have concurred with tne Applicants' findings of minimal impact. DES Section 5.3.1.2.2.

9. In conclusion, the Applicants have adequately assessed the environmental impacts of its chemical and wastewater discharges from SHNPP, as required by law (NEPA and FWPCA) and under the regulations, guidelines and recommendations of the NRC and the EPA.

This the N/JN day of Mey'M ,1983.

h&W-WILLIAM T. HOGARTH '

Sworn to and Subscribed before me, this the 3/ day of ML^ci ,1983.

u Wil,- Trn My Commission Expires:

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~ Exhibit ~A WILLIAM T.'HOGARTH l

Social Security No.: _ _ _ _ . . . .

Current Position: Manager Environmental Technology Section Carolina Power at Light Company Harris Energy at Environmental Center Route 1, Box 327 New Hill, North Carolina 27562 Telephone: (919) 362-3276 Home Address:

1. Personal Data Date of Birth: . . . . ' , . . . , , . .

' Place of Birth: Jarratt, Virginia

11. Education B.S.--University of Richmond, Richmond, Virginia--1963 M.S.--University of Richmond, Richmond, Virginia--1965 Ph.D.--North Carolina State University, Raleigh, North Carolina--1976
Program for Technical Managers--University of North Carolina-1983 111. Experience in Higher Education Coordinator of General Biology Labs--University of Richmond Laboratory Assistant in Comparative Anatomy, Ichthyology, and Ecology--University of Richmond Graduate Research Assistant-Roanoke-Albemarle Striped Bass Project-North CarolinaState University--1966-1972
Graduate Research Assistant--Chowan River Project--North Carolina State University--1966-1970
_ Research Assistant--Dolphin Aquadulture Project--North Car.olina State University--1970.1972 J

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wo IV. Honors Williams Fellowship--University of Richmond

' P esident-Beta Beta Beta-University of Richmond Grant from Virginia Academy of Science for M.S. Research-University of Richmond Treasurer--Phi Sigma Society--North Carolina State University Sport Fishing Institute Grant for Ph.D. Research Grant from North Carolina Wildlife Society V. Field Experience 1963-1965-Sampling of James River tributaries in connection with M.S.research.

1965-Chesapeake Biological Laboratory-seven months-striped bass project.

1966-1972-Graduate student in charge of Roanoke-Albemarle striped bass project.

1966-1970--Periodic sampling of Chowan, Nottoway, and Blackwater Rivers.

1970-1972--Dolphin Aquaculture-Sea Grant Project-Hatteras, Bimini and Key West, Florida.

1966-Project on RV Eastward to determine feasibility of long-line fishing off Jamaica. ,.

1967--Fishing expedition off San Juan to determine species abundance using long-line gear.

1973--Consultant to Roanoke-Albemarle project (March-May)--

Collecting data on spawning migration of striped bass and preparing annual report. - '

1972-1980-Carolina Power & Light (CP&L) Company biologist -

Project Manager of Cape Fear Estuary Study--$8 mi!! ion comprehensive study by CP&L, University of North Carolina, North Carolina State University, and outside investigators to determine impact of once-through power,. plant. cooling system on Cape Fear Estuary asuatic piopulations.

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VI. _ Society Memberships' -

An)erican Fisheries Society' . .

American Society of Ichthyologists and Herpetologists North Carolina Academy of Science.-

Society of Power Industry Biologists VII. Current Technical Committees Southeastern Electric. Exchange Environmental Committee-Vice Chairman Electric Power Research Institute Task Force on Environment North Carolina Wildlife Resources Commission--Striped Bass Steering

. Committee '

University of North Carolina--Water Resources Research Institute--

Advisory Committee Vill. Certification Certified Fisheries Scientist--American Fisheries Society

[ IX. Current Responsibilities l As the Manager of the Environmental Technology Section, I am i

responsible for the formulation and implementation of a broad variety

' of biological and scientific programs necessary to identify and quantify actual and potential environmental impacts associated with the construction and operation of fossil, hydro, and nuclear power -

plants. Responsibilities include providing (1) reports to various regi 'a-l tory agencies the environmental impacts related to Company operations andidentifyingtechnical- (2) special expertise to the Company in support of various Company activities. This expertise is provided by a staff of 47 professiona! engineers and scientists and 37 technicians. Working in four laboratories at the Harris Energy &

Environmental Center, this staff provides suppo'rt in materials sciences, analytical chemistry, air quality, and biological areas.

As Manager. - Environmental Technology, I am also responsible annually for the planning any development of the. annual operations and maintenance and construction budgets for the section. I modify the scope of the~ budget as required to ensure that required programs are adequately funded and contingency funds are available for anticipated studies for the ensuing year. The budget for 1982 is over r; $4 million.

_. Regulatory .cequirements- are the basis for most environmental programs and studies. conducted by the section. Satisfactory Company compliance with these requirements, at minimum cost, requires frequent and positive interaction with these regulatory agencies. The Manager -

Environmental Technology maintains close working relationships with the Environmental Protection Agency, the United States Fish & Wildlife Service, the National Marine Fisheries Service, the Nuclear Regulatory Commission, and various divisions of the North Carolina Department of Natural & Economic Resources and the South l _'

i Carolina Department of Health & Environmental Control to achieve satisfactory compliance.

b Ns Manager - Environmental Technology, I am challenged to identify, as early as possible, potential problems and/or opportunities in L Company environmental compliance; to analyze and evaluate 6 compliance alternatives considering net only ecology but also engineering, behavior; and construction, generation, legal opinions, and regulatory to effectively manage the inherent potential for misunderstood communications between biologists and engineers.

E X. 3 Publications and Technical Reports P Hogarth, W. T. and W. S. Woolcott. 1966. The Mountain Stripeback s

Darter, Percina notogramma montuosa, N. sap. from Upper James

River, Virginia. Chesapeake Science, 7(2):101-109.

Merriner,3. V., W. T. Hogarth and W. A. Foster. 1970. Occurrence of the Common Snook, Centropomus undecimalis (Block) (Pisces-

Centropomidae)in North Carolina waters. The Journal of the Elisha n

Mitchell Scientific Society. 86(4):194-195.

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Hassler, W. W., W. T. Hogarth and L. L. Liner,111. The status and a abundance of the Striped Bass in the Roanoke River, North Carolina, for 1966.

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Hassler, W. W., W.'T. Hogarth, L. L. Liner, !!! and H. S. Millsaps, Jr.

The status and abundance of the Striped Bass in the Roanoke River.

North Carolina, for 1967.

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i Hassler, W. W., W. T. Hogarth and C. R. Stroud, Jr. The status and abundance of the Striped Bass in the Roanoke River, North Carolina,

for 1968.

E Hassler, W. W. and W. T. Hogarth.

3 The status, abundance, and y exploitation of the Striped Bass in the Tar River, North Caronna,

. for 1969.

b Hassler, W. W., W. T. Hogarth and C- '

F Manocch. The status, abundance, and exploitation of the 50, L 3 ass in the Roanoke River and Albemarle Sound, North Carolin( Le 1970.

Hassler, W. W., W. T. Hogarth and C. S. Manooch.

5 The status, abundance, and exploitation of the Striped Bass in the Roanoke

, River and Albemarle Sound, North Carolina, for 1971.

, -- Hassler, W. - W., W. T. Hogarth" and ' C. S. Manooch.

The status, abundance, and exploitation of the Striped Bass in the Roanoke 4 River and Albemarle Sound, North Carolina, for 1972.

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' Hassler, W. W. and W. T. Hogarth. 1977. The growth and culture of Dolphin, Coryphaena hipourus, in North Carolina. Acquaculture, 12 (1977).

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6 Hogarth, W. T. Biology of the Wahoo, Acanthocybium solandri, off the North Carolina coast (in preparation).

5,chwartz, Frank 3., W. T. Hogarth and M. L. Weinstein. Marine and

~ freshwater fishes of the Cape Fear Estuary, North Carolina, and their distribution in relation to environmental factors. Brimleyana

' No. 7:17-37. July 1981. s Manooch, Charles S. III, and W. T. Hogarth. Stomach contents and giant Nematodes from wahoo, Acanthocyblum solanderi, collected

  • along the South Atlantic and Gulf coasts of the United States.

Bulletin of Marine Science,33(2):197-212,1983.

XI.

Reoorts Responsible for a' t Carolina Power & Light Company Impingement Report--Brunswick Steam Electric Plant. January 1974-January 1975.

Brunswick Steam Electric Piant Borrow Pit Studies.1975.

H. B. Robinson 316 (a) and (b) Demonstration.1976.

H. F. Lee 316 Demonstration.1978.

Cape Fear 316 Demonstration.1977.

Brunswick Steam Electric Plant-Cape Fear Studies. A 20-volume report set on the effects of the operation of the once-through cooling system on the Cape Fear Estuary aquatic populations.

Bioassay Studies--Roxboro Steam Electric Plant.

Trace Element Studies--CP&L System.

Many other reports concerned with site selection studies and biological monitoring programs. t l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION GFF~.._

C F ncat ::,

BEFORE THE ATOMIC SAFETY AND LICENSING Bb Nd(jffCH In the Matter of )

)

CAROLINA POWER & LIGHT COMPANY )

AND NORTH CAROLINA EASTERN MUNICIPAL )

POWER AGENCY )

) Docket Nos. 50-400 OL (Shearon Harris Nuclear Power Plant, ) 50-401 OL Units 1 & 2) )

)

)

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Motion for Summary Disposition of Eddleman Contention 83/84," " Statement of Facts Material to Eddleman 83/84 As To Which There Is No Genuine Issue To Be Heard," " Affidavit of William T. Hogarth in Support of Summary Disposition of Eddleman Contention 83/84 (Chemical Discharges)'

were served this 1st day of September,1983 by deposit in the United States mail, first class, posta ge prepaid, to the parties off the attached Service List.

Hill Carrow Attorney .

Carolina Power & Light C'ampany l Post Office Box 1551 Raleigh, North Carolina 27602 (919) 836-6839 Dated: September 1,1983 . -

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SERVICE LIST James L. Kelley, Esquire John D. Runkle, Esquire Atomic Safety and Licensing Board Conservation Council of North Carolina U. S. Nuclear Regulatory Commission 307 Granville Road Washington, D. C. 20555 Chapel Hill, North Carolina 27514 Mr. Glenn O. Bright M. Travis Payne, Esquire Atomic Safety and Licensing Board Edelstein and Payne U. S. Nuclear Regulatory Commission cost Office Box 12643 Washington, D. C. 20555 Raleigh, North Carolina 27605 Dr. James H. Carpenter Dr. Richard D. Wilson Atomic Safety and Licensing Board 729 Hunter Street U. S. Nuclear Regulatory Commission Apex, North Carolina 27502 Washington,'D. C. 20555 Mr. Wells Eddleman Charles A. Barth, Esquire 718-A Iredell Street Myron Karman, Esquire Durham, North Carolina 27705 Office of Executive Legal Director U. S. Nuclear Regulatory Commission Thomas A. Baxter, Esquire Washington, D. C. 20555 John H. O'Neill, Jr., Esquire Shaw, Pittman, Potts & Trowbridge Docketing and Service Section 1800 M Street, N.W.

Office of the Secretary Washington, D. C. 20036 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. Phyllis Lotchin 108 Bridle Run Mr. Daniel F. Read, President Chapel Hill, North Carolina 27514 Chapel Hill Anti-Nuclear Group Effort Bradley W. Jones, Esquire Post Office Box 524 U. S. Nuclear Regulatory Commission Chapel Hill, North Carolina 27514 Region II i 101 Marietta Street Dr. Linda Little Atlanta, Georgia 30303 Governor's Waste Management Board 513 Albemarle Building Robert P. Gruber 325 Salisbury Street Executive Director Raleigh, North Carolina 27611 Public Staff

. North Carolina Utilities Commission Ruthanne G. Miller, Esquire . Post Office Box 991 Atomic Safety and Licensing Raleigh, North Carolina 27602 Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 e