ML21033B090

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Letter to EPA
ML21033B090
Person / Time
Site: Point Beach  NextEra Energy icon.png
Issue date: 02/08/2021
From: Robert Elliott
NRC/NMSS/DREFS/ELRB
To: Knutson J
State of WI, Dept of Natural Resources
Folk K
References
Download: ML21033B090 (5)


Text

February 8, 2021 Mr. Jason Knutson Wastewater Section Chief Wisconsin Department of Natural Resources P.O. Box 7921 Madison, WI 53707-7921 Jason.Knutson@wisconsin.gov

SUBJECT:

CLEAN WATER ACT SECTION 401 REASONABLE PERIOD OF TIME CONCERNING THE POINT BEACH NUCLEAR PLANT UNITS 1 AND 2 SUBSEQUENT LICENSE RENEWAL APPLICATION

Dear Mr. Knutson:

By letter dated November 16, 2020 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML20329A292), NextEra Energy Point Beach, LLC (NextEra) submitted to the U.S. Nuclear Regulatory Commission (NRC) an application for subsequent license renewal (SLR) of Renewed Facility Operating License Nos. DPR-24 and DPR-27 for Point Beach Nuclear Plant, Units 1 and 2 (Point Beach), respectively. The Point Beach units are pressurized water reactors designed by Westinghouse Electric Corporation and are located on the shore of Lake Michigan, in the Town of Two Creeks, Manitowoc County, Wisconsin, approximately 15 miles north-northeast of Manitowoc (see Enclosures 1 and 2). The SLR application seeks to extend for an additional 20 years the renewed facility operating license for Unit 1 to midnight on October 5, 2050, and the renewed facility operating license for Unit 2 to midnight on March 8, 2053. In accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 54.29, the NRC may grant the SLR application if it finds that specific safety and environmental requirements are satisfied. In accordance with 10 CFR 51.95(c), the NRC will prepare an environmental impact statement regarding the SLR application as a supplement to NUREG-1437, Generic Environmental Impact Statement for License Renewal of Nuclear Power Plants, dated June 2013. Background information and milestones associated with the NRCs review of the SLR application is available at:

https://www.nrc.gov/reactors/operating/licensing/renewal/applications/point-beach-subsequent.html.

By letter dated January 22, 2021 (ADAMS Accession No. ML21033A402), NextEra requested confirmation from the Wisconsin Department of Natural Resources, Division of Environmental Management that a waiver to the Clean Water Act section 401 Water Quality Certification requirement applicable to Point Beachs license renewal is provided by Wis. Adm. Code NR 299.01(2)(c) given that Point Beach holds Wisconsin Pollutant Discharge Elimination System permits granted under the permit authority of Wis. Adm. Code NR 283.

J. Knutson In accordance with Title 40 Code of Federal Regulations (40 CFR) Part 121.6, Establishing the reasonable period of time, the NRC staff is providing the following information. The NRC staff received the NextEra letter dated January 22, 2021 on January 26, 2021. The reasonable period of time to act on the NextEra certification request is 6 months after the NRC staffs receipt of the request. Accordingly, unless the NRC extends this 6-month time period at the request of the certifying authority or NextEra, July 26, 2021 is, per 40 CFR 121.6(b)(3), [t]he date upon which waiver will occur if the certifying authority fails or refuses to act on the certification request.

The NRC cannot issue subsequent renewed facility operating licenses unless the SLR applicant has either been granted a Clean Water Act section 401 Water Quality Certification from the responsible certifying agency, or the certifying agency has issued a waiver or similar documentation that water quality certification is not required or does not apply. The NRC recognizes that a number of states have their own policy and regulatory requirements governing the Clean Water Act section 401 certification process, such as integrating the process with their National Pollutant Discharge Elimination System permitting process.

If you have any questions concerning the NRCs review of NextEras SLR application or this letter, please contact Mr. Kevin Folk at 301-415-6944 or via e-mail at Kevin.Folk@nrc.gov.

Sincerely, Signed by Elliott, Robert on 02/08/21 Robert B. Elliott, Chief Environmental Review License Renewal Branch Division of Rulemaking, Environmental and Financial Support Office of Nuclear Material Safety and Safeguards Docket Nos. 50-266 and 50-301

Enclosures:

1. Area Map, 50-mile radius
2. Point Beach Site Area Map cc: Listserv

Area Map, 50-mile radius Source: Modified from PBN Environmental Report Enclosure 1

Point Beach Site Area Map Source: PBN Environmental Report Enclosure 2

Ltr ML21033B090 NMSS/REFS NMSS/REFS NMSS/REFS NMSS/REFS OFFICE

/ERLRB /ERLRB /ERLRB /ERLRB NAME KFolk KF PClark PC KFolk KF RElliott RE DATE Feb 3, 2021 Feb 8, 2021 Feb 8, 2021 Feb 8, 2021