ML24082A166

Section 401 Water Quality Certification Waiver

ML24082A166
Person / Time
Site:	Monticello
Issue date:	05/16/2023
From:	Wenger D Northern States Power Company, Minnesota, State of MN, Pollution Control Agency, Xcel Energy
To:	Young P Office of Nuclear Material Safety and Safeguards
References
Download: ML24082A166 (1)

Text

May 16, 2023

Paul Young Manager Site Routine Projects 414 Nicollet Mall Minneapolis, MN 55401

RE: Northern States Power Company dba Xcel Energy Monticello Nuclear Power Generating Plant 2807 County Road 75, Monticello Wright and Sherburne Counties, Minnesota Section 401 Water Quality Certification Waiver

Dear Paul Young:

This 401 Water Quality Certification Waiver decision (Certification Waiver) is made by the Minnesota Pollution Control Agency (MPCA) under authority of Section 401 of the Clean Water Act, or CWA (33 USC 1251 et seq.), Minn. Stat. chs. 115 and 116 and Minn. R. chs. 7001.1400-1470, 7050, and 7053. The MPCA has examined the application and other information furnished by the applicant, Northern States Power Company (NSPC) dba Xcel Energy, that requested a Section 401 water quality certification for its Monticello Nuclear Generating Plant (MNGP) located in Monticello, Minnesota. The MPCA issued a 401 certification to the MNGP on March 6, 1973. This is a License Renewal request for the Nuclear Regulatory Commission (NRC), of the plants current federal operating license. The information identifies no changes to the MNGP operating processes, no permanent dredge and discharge of fill material into any wetlands associated with this license renewal, and all impacts will be maintained at natural background levels, to any waters of the State of Minnesota. The facility is a boiling water reactor nuclear-fueled steam electric generating plant.

Decision:

The MPCA waives its Section 401 authority to certify the referenced project request for Section 401 water quality certification. This action does not eliminate, waive, or vary the applicants responsibility of complying with all applicable MPCA statutes and rules, including those regarding state water quality standards that apply to all waters of the state, even if they are exempt from the Wetland Conservation Act or are U. S. Army Corps of Engineers (USACE) non-jurisdictional waters.

In accordance with information from the applicant, there are no ground-disturbing activities and NSPC/Xcel Energy does not anticipate any plant refurbishment of this NRC 401 certification renewal process. However, in keeping with the MPCA section 401 program requirements and nearly 50 years after the original 401 certification was issued, this revised 401 water quality certification waiver is reissued to keep consistent and current and to assure water quality standards are met. It is anticipated that the continued operation of the MNGP and the reissuance of this certification waiver will not adversely affect the water quality in this reach of the Mississippi River. This letter confirms that the MPCA 1973 certification remains valid for the proposed subsequent license period from September 8, 2030, to September 8, 2050.

Kimberly D. Bose Page 2 May 16, 2023

In addition, the MNGP holds a USACE regional general permit (RGP-003-MN) to conduct maintenance dredging activities in the intake canal and Mississippi River. MNGP complies with regulatory requirements imposed by the USACE as they relate to maintenance dredging in federal jurisdictional waters. If the applicant cannot execute any procedural, processing, and maintenance requirements mentioned in the various documents submitted by the applicant over the past months, that may render this Certification Waiver invalid, and the applicant will need to reapply to the MPCA for 401 Certification.

Disclaimer:

A Section 401 Certification Waiver does not release or limit the applicant from obtaining all necessary federal, state, and local permits, nor does it limit more restrictive requirements set through any such program. It does not eliminate, waive, or vary the applicants obligation to comply with all other laws and state water statutes and rules through the construction, installation, and operation of the project.

This letter does not release the applicant from any liability, penalty, or duty imposed by Minnesota or federal statutes, regulations, rules, or local ordinances, and it does not convey a property right or an exclusive privilege.

This MPCA decision is made, in part, on the applicants representations that environmental review under the Minnesota Environmental Quality Boards Rules, Minn. R. ch. 4410, is not needed for the project or, alternatively, that all necessary environmental reviews and related decisions have been completed. If environmental review for this project is needed and has not been completed, the MPCA does not have legal authority to issue a Certification Waiver. In that situation, the MPCA reserves the right to make a Section 401 Certification decision when the environmental review p rocess is completed.

We further certify in connection with such application that there is reasonable assurance that the operation of the plant will be conducted in a manner which will not violate present applicable water quality standards.

The MPCA reserves the right to revisit or revoke this Certification Waiver due to new or additional information, updated information, changes in technology, or any other changes that could render the project as incompatible with Minnesotas water quality standards.

If you have any questions regarding this Certification Waiver, please contact Bill Wilde at 651-757-2825.

Sincerely, Maggie Wenger

This document has been electronically signed.

Maggie Wenger Supervisor Agency Rules Unit Resource Management and Assistance Division

MW/BW:je

cc: Steven Sollum, Xcel Energy