ML23068A056

Request for Additional Information - Comanche Peak License Renewal Application Environmental Review

ML23068A056
Person / Time
Site:	Comanche Peak
Issue date:	05/09/2023
From:	Tanya Smith NRC/NMSS/DREFS/ELRB
To:	Peters K Comanche Peak Nuclear Power Co
References
Download: ML23068A056 (1)

Text

May 9, 2023 Ken J. Peters, Senior Vice President and Chief Nuclear Officer Attention: Regulatory Affairs Comanche Peak Nuclear Power Plant Vistra Operations Company LLC 6322 N FM 56 P.O. Box 1002 Glen Rose, TX 76043

SUBJECT:

REQUEST FOR ADDITIONAL INFORMATION - COMANCHE PEAK LICENSE RENEWAL APPLICATION ENVIRONMENTAL REVIEW (EPID NUMBER:

L2022LNE0004) (DOCKET NUMBERS: 50445 AND 50446)

Dear Ken Peters:

By letter dated October 3, 2022 (Agencywide Documents Access and Management System ML22276A082), Vistra Operations Company LLC (Vistra) submitted an application for license renewal of Renewed Facility Operating License Nos. NPF-87 and NPF-89 for the Comanche Peak Nuclear Power Plant, Unit Nos. 1 and 2 to the U.S. Nuclear Regulatory Commission (NRC) pursuant to Section 103 of the Atomic Energy Act of 1954, as amended, and part 54 of title 10 of the Code of Federal Regulations, Requirements for renewal of operating licenses for nuclear power plants.

The NRC staff is reviewing the information contained in the license renewal application and has identified, in the enclosure, areas where additional information is needed to complete the review.

K. Peters 2 This request for additional information was discussed with Todd Evans of your staff on March 9, 2023, and a date for the response is no later than 30 days from the date of this letter.If you have any questions, please contact Tam Tran via email at Tam.Tran@nrc.gov.

Sincerely, Signed by Smith, Theodore on 05/09/23 Theodore Smith, Chief Environmental Review License Renewal Branch Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards Docket Nos. 50445 and 50446

Enclosure:

As stated cc w/encl: Listserv

ML23068A056 *concurrence via email OFFICE PM:NMSS:REFS* LA:NMSS:REFS* BC: NRR:DNRL*

NAME TTran SFigeroa LGibson DATE 3/9/2023* 3/09/2023* 4/10/2023*

OFFICE BC:NMSS:REFS* OGC* BC:NMSS:REFS*

NAME TSmith MCarpentier TSmith DATE 4/11/2023* 4/28/2023* 5/9/2023*

REQUEST FOR ADDITIONAL INFORMATION OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS Comanche Peak Nuclear Power Plant License Renewal Waste Management WM-8/WM-9 RAI:

REQUIREMENT: Licensees are required to consider pollution prevention measures as dictated by the Pollution Prevention Act (Public Law 101 5084) and the Resource Conservation and Recovery Act (RCRA) of 1976, as amended (Public Law 94 580). RCRA governs the disposal of solid waste. In addition, in accordance with the RCRA section 3002(b) and title 40 of the Code of Federal Regulations (40 CFR) part 262.27, a small or large quantity generator must certify that a waste minimization program is in place to reduce the volume and toxicity of the waste generated to the degree determined to be economically practical.

ISSUE: The Environmental Report (ER) states that Comanche Peak is meeting these requirements because, per the Waste Reduction Policy Act of 1991, Comanche Peak Nuclear Power Plant (CPNPP) complies with tittle 30 of Texas Administrative Code (30 TAC) part 335.473 requirements to have a current pollution prevention (P2) plan. In addition, the P2 plan minimizes hazardous waste generated to specified parameters detailed in both the plan and onsite procedures. The pollution prevention plan and emergency preparedness plan (EPP) for hazardous waste generation onsite are implemented, but in addition Comanche Peak uses a Hazardous Waste Contingency and Emergency Procedures Plan (CEPP) which was discussed during the February 2023 audit but is not discussed in the ER.

REQUEST: As noted during the February 2023 audit, Comanche Peak also utilizes a CEPP along with the P2 plan and the EPP plan. Please describe Vistras use of the three plans (P2 plan, EPP, and CEPP) to ensure the waste minimization program onsite meets the requirements of RCRA section 3002(b) and 40 CFR 262.27.

Aquatic AQ-2 RAI:

REQUIREMENT: Title10 of the Code of Federal Regulations (10 CFR) part 51.53(c)(3)(ii) requires that the ER contain analyses of the environmental impacts of license renewal for environmental issues identified as site-specific (Category 2) in appendix B to subpart A of 10 CFR part 51. With respect to the Category 2 issue of thermal impacts on aquatic organisms (plants with once-through cooling systems or cooling ponds), Regulatory Guide 4.2, supplement 1, revision 1 directs applicants to include, as part of its analysis, summaries of plant-specific thermal effluent studies, monitoring programs, or thermal effects or mortality studies and to include locations, dates, objectives, methods, and results applicable to the license renewal application.

Enclosure

2 ISSUE: Section 3.7.1.1 of the ER states that several fish kills have occurred at Comanche Peak in the last five years. The NRC staff requires more information concerning these fish kills to independently review and assess thermal impacts on aquatic organisms during the proposed license renewal term.REQUEST: Please provide more information on fish kills in Squaw Creek Reservoir within the past five years, including the incident dates, estimated number of dead fish, impacted species, cause(s), and any related communications Vistra representatives had with the Texas Parks and Wildlife Department or other fish and wildlife authorities.

AQ-9, AQ-11, AQ-13, AQ-14, AQ-15, and AQ-16 RAI:

REQUIREMENT: 10 CFR 51.53(c)(3)(ii)(B) requires that if plant uses a once-through cooling or cooling pond heat dissipation system, the license renewal applicant submit a copy of current Clean Water Act 316(b) determinations and, if necessary, a 316(a) variance in accordance with 40 CFR part 125, or equivalent State permits and supporting documentation.

ISSUE: The NRC staff requires copies of supporting documentation related to Clean Water Act 316(a) concerning thermal effluents and Clean Water Act 316(b) concerning impingement and entrainment to independently review these issues and assess impacts on aquatic resources during the proposed license renewal term.

REQUEST: Please provide the following documents, which are cited or discussed in the ER.

1. Atkins. 2012. Shad Population Study and Management Alternatives, Comanche Peak Nuclear Power Plant. Prepared for Luminant Energy. November 2012. 58 p.

2. Atkins. 2013. Harris Mud Crab Study, Safe Shutdown Impoundment and Squaw Creek Reservoir, Comanche Peak Nuclear Power Plant. February 2013. 92 p.

3. Freeze and Nichols, Inc. 2016. Comanche Peak Nuclear Power Plant Safe Shutdown Impoundment Aquatic Life Studies. Prepared for Luminant Generating Company. March 2016. 36 p.

4. Freeze and Nichols, Inc. 2019. Comanche Peak Nuclear Power Plant Safe Shutdown Impoundment 2018 Aquatic Life Studies. Prepared for Luminant Generating Company.

March 2019. 24 p.

5. Atkins. 2012. Impingement Mortality Characterization Study, Comanche Peak Nuclear Power Plant, Hood and Somervell Counties, Texas. Prepared for Luminant Energy.

December 2012. 54 p.

6. Foster Wheeler Environmental Corporation. 1995. Comanche Peak Steam Electric Station 316(b) Demonstration. Prepared for Texas Utilities Electric Company. September 1995.

3

7. Texas Commission on Environmental Quality (TCEQ). 2015. Letter from Lynda Clayton, Team Leader, Water Quality Assurance Team, TCEQ, to David P. Duncan, Director, Environmental Generation, Luminant Power.

Subject:

Request for approval of determination of closed-cycle recirculating system relevant to the Clean Water Act 316(b) requirements for Luminant Power Squaw Creek Reservoir. May 26, 2015. 3 p.

8. Electric Power Research Institute. 2018. Comanche Peak Nuclear Power Plant 316(b) 125.98(f) and 122.21(r)(6) Information to Inform the Entrainment Best Available Technology (BTA) Determination and Select the Chosen Method of Compliance for Impingement BTA. Final Report. August 2018. 83 p.

9. TCEQ. 2019. Fact Sheet and Executive Directors Preliminary Decision for Draft Texas Pollutant Discharge Elimination System Permit No. WQ0001854000 for Comanche Peak Power Company LLC. Revised June 6, 2019.

10. Ward, G. 2018. Temperature Differential Analysis and Modeling for Comanche Peak Nuclear Power Plant. Prepared for Luminant. 60 p.

Federally Protected Ecological Resources FPE-1 RAI:

REQUIREMENT: 10 CFR 51.53(c)(3)(ii)(E) requires that the ER assess the impact of license renewal on threatened and endangered species in accordance with Federal laws protecting wildlife, including the Endangered Species Act.

ISSUE: The U.S. Fish and Wildlife Service (FWS) published a proposed rule to list the tricolored bat (Perimyotis subflavus) as endangered under the Endangered Species Act on September 14, 2022 (87 FR 56381). This species occurs in both Hood County and Somervell County.

Therefore, it is appropriate to consider whether the proposed Comanche Peak license renewal would affect this species or its habitat.

REQUEST: Please provide an analysis of the potential impacts of the proposed license renewal on the tricolored bat and its habitat.

Groundwater GW-1 RAI:

REQUIREMENT:10 CFR 51.53(c)(3)(ii)(P) requires that an applicant shall assess the impact of any documented inadvertent releases of radionuclides into groundwater. The applicant shall include in its assessment a description of any groundwater protection program used for the surveillance of piping and components containing radioactive liquids for which a pathway to groundwater may exist. The assessment must also include a description of any past inadvertent releases and the projected impact to the environment (e.g., aquifers, rivers, lakes, ponds, ocean) during the license renewal term.

4 ISSUE: As stated in section 3.6.2.4 of its ER, CPNPP implemented a groundwater protection program in 2008 in accordance with NEI 07-07, which established groundwater monitoring networks and sampling schedules in both the weathered and un-weathered Glen Rose formation. The NRC needs additional information to evaluate portions of the ER related to the assessment of potential sources of release associated with plant systems, structures and components and work practices, as well as a description of the groundwater monitoring network design. REQUEST: During the site audit meeting, CPNPP made available the following document: Hydrogeologic and Geologic Summary and Groundwater Monitoring Network Review, dated March 19, 2022.

Please provide the document indicated above. The requested material will help NRC staff to better evaluate the flow characteristics in the weathered and un-weathered Glen Rose formation and the effectiveness of CPNPPs groundwater protection program.

Power Replacement Alternative ALT-1 RAI:

REQUIREMENT: 10 CFR 51.53(c)(2) requires that applicants discuss in the ER the environmental impacts of alternatives and any other matters described in 10 CFR 51.45; 10 CFR 51.45 requires that the discussion of alternatives be sufficiently complete to aid the Commission in developing and exploring, pursuant to Section 102(2)(E) of the National Environmental Policy Act , appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources.

ISSUE: To support the audit, Vistra posted several new figures to the portal depicting, to varying degrees, the areal extent and acreages associated with expanses on and adjacent to CPNPP that could serve as potential locations for siting certain replacement power alternatives.

Clarification is needed to understand how these figures relate to the discussions presented in ER sections 7.2.3.1.1, 7.2.3.2.1, 7.2.3.3.1, and 7.2.3.4.1 (and, by extension, figures 2-3 and 2-5 of NUREG-1943).

REQUEST: Provide a summary of the environmental audit discussion held during the week of February 23, 2023, addressing the narrative response to Information Need ALT-1 and the new supporting information posted by Vistra to the Comanche Peak portal.

1) Provide for docketing the following figures showing alternative replacement power locations:

a) Blowdown facility for NG.pdf (Included with Response to ALT-1) b) 8_CPNPP Alternative Areas_1.pdf (Provided for Orientation Session) c) 10_CPNPP Alternative_Areas_2.pdf (Provided for Orientation Session)

2) Confirm how the Blowdown Treatment Facility (and associated 128-acre evaporation pond and 47-acre storage pond) discussed in the ER and NUREG-1943 as being sited within the 400-acre area adjacent to the southern site boundary could alternatively be sited within the 105-acre area depicted in Request 2a above.

5 Cumulative Impact CI-1 RAI:

REQUIREMENT: 10 CFR 51.53(c)(3)(ii)(O) requires an applicant to provide information about other past, present, and reasonably foreseeable future actions occurring in the vicinity of the nuclear plant that may result in a cumulative effect.

ISSUE: Prior to the audit, we requested Vistra to provide the name, description, location, and status of any additional past, present, or reasonably foreseeable offsite actions identified since the ER was prepared. Similarly, please provide any updates of actions discussed in the ER as conceptual or for which the need had yet to be determined.

REQUEST: Request the new information and source documents provided by Vistra in the Cumulative Impacts, CI-1, response in Excel file ER-CPNPP NRC Shared Audit Tracking Log 021423.