NRC-2013-0232, Letter to Exelon Generation Company, LLC (P. Navin) Regarding 401 Water Quality Certification Peach Bottom Atomic Power Station Extended Power Uprate, DEP File No. EA 67-024, NRC Docket No. NRC-2013-0232, York and Lancaster County
| ML19064B229 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 07/23/2014 |
| From: | Williamson S State of PA, Dept of Environmental Protection |
| To: | Pat Navin Exelon Generation Co, Office of Nuclear Reactor Regulation |
| Hayes B, NRR-DMLR 415-7442 | |
| Shared Package | |
| ML19064B212 | List:
|
| References | |
| EA 67-024, NRC-2013-0232 | |
| Download: ML19064B229 (9) | |
Text
July 23, 2014 NON-EXELON Mr. Patrick D. Navin Exelon Generation Company, LLC Peach Bottom Atomic Power Station 1848 Lay Road Delta, PA 17314-9032 RE: 401 Water Quality Certification Peach Bottom Atomic Power Station-Extended Power Uprate DEP File No. EA 67-024 NRC Docket No. NRC-2013-0232 York and Lancaster County
This is in reference to your request for Water Quality Certification under Section 401 of the Federal Clean Water Act, submitted to our office on November 21, 2013. The request relates to the Exelon Generation Co., LLC-Peach Bottom Atomic Power Station-Extended Power Uprate (PBAPS) project that will take place at the Peach Bottom Atomic Power Station in York County, in the Commonwealth of Pennsylvania.
The Department of Environmental Protection (DEP) has reviewed your request for 401 Water Quality Certification and hereby grants the 401 Water Quality Certification for the Peach Bottom Atomic Power Station-Extended Power Uprate project. The approved certification is attached.
Any person aggrieved by this action may appeal, pursuant to Section 4 of the Environmental Hearing Board Act, 35 P.S. Section 7514, and the Administrative Agency Law, 2 Pa. C.S.
Chapter SA, to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, 717.787.3483. TDD users may contact the Board through the Pennsylvania Relay Service, 800.654.5984. Appeals must be filed with the Environmental Hearing Board within 30 days ofreceipt of written notice of this action unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in braille or on audiotape from the Secretary to the Board at 717.787.3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.
Southcentral Regional Office I 909 Elmerton Avenue I Harrisburg, PA 17110-8200 717.705.4802 I Fax 717.705.4760 Printed on Recycled Paper@ www.depweb.state.pa .us
Mr. Patrick D. Navin July 23, 2014 IF YOU WANT TO CHALLENGE THIS ACTION, YOUR APPEAL MUST REACH THE BOARD WITHIN 30 DAYS. YOU DO NOT NEED A LA WYER TO FILE AN APPEAL WITH THE BOARD.
IMPORTANT LEGAL RIGHTS ARE AT STAKE, HOWEVER, SO YOU SHOULD SHOW THIS DOCUMENT TO A LA WYER AT ONCE. IF YOU CANNOT AFFORD A LA WYER, YOU MAY QUALIFY FOR FREE PRO BONO REPRESENTATION. CALL THE SECRETARY TO THE BOARD (717.787.3483) FOR MORE INFORMATION.
If you have any questions, please contact me at 717.705.4799, or by email at scwilliams@pa.gov.
Scott R. Williamson Program Manager Waterways & Wetlands Program Enclosure cc: Ms. Cindy Bladey, Chief, Rules, Announcements, and Directives Branch, U.S. Nuclear Regulatory Commission Ms. Maria Bebenek, DEP South-central Region Clean Water Program Manager Mr. Rich Janati, DEP Radiation Protection Mr. Andrew Shiels, Deputy Director for Field Operations, PA Fish and Boat Commission Mr. Andrew Dehoff, Executive Director, Susquehanna River Basin Commission Ms. Patricia Strong, US Army Corps of Engineers, Baltimore District Mr. Rick Ennis, Project Manager, U.S. Nuclear Regulatory Commission (by email)
Lancaster County Conservation District York County Conservation District
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pennsylvania DEPARTMENT OF ENVIRONMENTAL PROTECTION
~ WATERWAYS & WETLANDS PROGRAM July 23, 2014 Ms. Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB)
Office of Administration Mail Stop: 3WFN,06-44M U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Re: 401 Water Quality Certification Exelon Generation Co.-Peach Bottom Atomic Power Station DEP File No. EA 67-024 NRC Docket No. NRC-2013-0232
Dear Ms. Bladey:
Enclosed is the NRC Docket No. NRC-2013-0232, Section 401 Water Quality Certification for the Exelon Generation Co.- Peach Bottom Atomic Power Station-Extended Power Uprate project.
Any person aggrieved by this action may appeal, pursuant to Section 4 of the Environmental Hearing Board Act, 35 P.S. Section 7514, and the Administrative Agency Law, 2 Pa. C.S.
Chapter SA, to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, 717.787.3483. TDD users may contact the Board through the Pennsylvania Relay Service, 800.654.5984. Appeals must be filed with the Environmental Hearing Board within 30 days of receipt of written notice of this action unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in braille or on audiotape from the Secretary to the Board at 717. 787.3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.
IF YOU wANT TO CHALLENGE nns ACTION, YOUR APPEAL MUST REACH THE BOARD WITIIlN 30 DAYS. YOU DO NOT NEED A LAWYER TO FILE AN APPEAL WITH THE BOARD.
Southcentral Regional Office I 909 Elmerton Avenue I Harrisburg, PA 17110-8200 717.705.4802 I Fax 717.705.4760 Printed on Recycled Paper@ www.depweb.state.pa.us
Ms. Cindy Bladey July 23, 2014 IMPORTANT LEGAL RIGHTS ARE AT STAKE, HOWEVER, SO YOU SHOULD SHOW THIS DOCUMENT TO A LAWYER AT ONCE. IF YOU CANNOT AFFORD A LAWYER, YOU MAY QUALIFY FOR FREE PRO BONO REPRESENTATION. CALL THE SECRETARY TO THE BOARD (717.787.3483) FOR MORE INFORMATION.
If you have any questions, please contact me at 717.705.4799, or by email at scwilliams@pa.gov.
Scott R. Williamson Program Manager Waterways & Wetlands Program Enclosure cc: Mr. Patrick D. Navin, Exelon Generation Co.
Ms. Maria Bebenek, DEP South-central Region Clean Water Program Manager Mr. Rich Janati, DEP Radiation Protection Mr. Andrew Shiels, Deputy Director for Field Operations, PA Fish and Boat Commission Mr. Andrew Dehoff, Executive Director, Susquehanna River Basin Commission Ms. Patricia Strong, US Army Corps of Engineers, Baltimore District Mr. Rick Ennis, Project Manager, U.S. Nuclear Regulatory Commission (by email)
COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION WATER QUALITY CERTIFICATION PEACH BOTTOM ATOMIC POWER STATION EXTENDED POWER UPRATE PROJECT AND RELATED MITIGATION DEP File No. EA 67-024 NRC Docket ID- NRC-2013-0232 EXELON GENERATION COMPANY, LLC Mr. Patrick D. Navin Peach Bottom Atomic Power Station 1848 Lay Road Delta, PA 17314-9032 York and Lancaster Counties U.S. Army Corps Of Engineers, Baltim9re District Page 1of5
COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION Water Quality Certification under Section 401 of the Federal Clean Water Act for the Extended Power Uprate for Exelon Generation Company, LLC- Peach Bottom Atomic Power Station PA DEP File No. EA 67-024 Peach Bottom Atomic Power Station (PBAPS) is an existing nuclear-fueled boiling water reactor electric power generating facility located along the Susquehanna River in Peach Bottom Township, York County and Fulton and Drumore Townships, Lancaster County. PBAPS is owned by Exelon Generation Company, LLC (Exelon) (a wholly-owned subsidiary of Exelon Corporation) and PSEG Nuclear, LLC. The facility is operated by Exelon. Exelon has submitted a License Amendment Request (LAR) to the US Nuclear Regulatory Commission (NRC) for a proposed Extended Power Uprate (EPU) for units 2 and 3. The proposed EPU would allow the units to change from the currently licensed 3514 megawatts-thermal (MWt) to nominally 3951 MWt per unit.
Impacts to aquatic resources associated with continued operation of the facility and the EPU include water withdrawal from the Conowingo Pond of the Susquehanna River, consumptive use, and the thermal impacts of the heated water discharges back to the Conowingo Pond. Water will continue to be withdrawn at a maximum rate of2,363.620 million gallons per day (MOD). Water intake will continue to have impingement and entrainment effects on the migratory and resident fish as well as other aquatic species. Consumptive water use at the facility is a maximum of 49.000 MOD. Discharge temperatures include a projected change in the temperature increase at a maximwn from existing 22°F increase to a 25°F increase due to the EPU.
Exelon will mitigate the impacts of impingement and entrainment by providing one hundred thousand dollars ($100,000.00) per year for habitat/sediment improvement projects in Lancaster and York Counties. This will include stream improvement projects, agricultural pasture and barnyard best management practices, and small dam removal projects.
Consumptive use impacts will be mitigated by adherence to the Susquehanna River Basin Commission (SRBC) consumptive use authorization. Thermal impacts will be mitigated by adherence to the National Pollution Discharge Elimination System (NPDES) permit. Such payments hereunder shall be made for the duration of the operation of PBAPS as an electric generation facility.
On July 23, 2014 the.Commonwealth of Pennsylvania (Commonwealth) Department of Environmental Protection (Department, DEP or PADEP), issued Section 401 Water Quality Certification to Exelon for the PBAPS EPU project. The PADEP certifies that the construction, operation and maintenance of the EPU complies with the applicable provisions of sections 301-303, 306, 307 and 316 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311-1313, 1316, 1317
- and 1326) and appropriate requirements of state law. The Department further certifies that the construction, operation and maintenance of the EPU complies with Commonwealth applicable Page 2 of5
water quality standards and that the construction, operation and maintenance of the EPU does not violate applicable Commonwealth water quality standards provided that the construction, operation and maintenance of the EPU complies with the conditions of this certification, including the criteria and conditions of the following conditions and pennits:
- 1. Discharge Permit - PBAPS shall obtain and comply with a PADEP National Pollutant Discharge Elimination System (NPDES) permit for the discharge of pollutants pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1 -
691.1001) and all applicable implementing regulations (25 Pa. Code Chapter 92a).
- 2. Erosion and Sediment Control Permit - PBAPS shall obtain and comply with a PADEP's NPDES Permit for Stormwater Discharges Associated with Construction Activity pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1-680.17) and all applicable implementing regulations (25 Pa. Code Chapter 102) for any earth disturbance activities that require said permit.
- 3. Water Obstruction and Encroachment Permits - PBAPS shall obtain and comply with a PADEP Chapter 105 Water Obstruction and Encroachment Permit or Dam Permit for the construction, operation and maintenance of all dams, water obstructions or encroachments associated with the project pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1 -691.1001), Dam Safety and Encroachments Act (32 P.S. §§ 673.1-693.27), and Flood Plain Management Act (32 P.S. §§ 679.101-679.601.) and all applicable implementing regulations (25 Pa. Code Chapter 105). *
- 4. Susguehanna River Basis Commission - PBAPS shall implement the Consumptive Water Use Mitigation Plan as approved and conditioned by the Susquehanna River Basin Commission including any future amendments to that plan.
- 5. Habitat Improvement Projects-
- a. Commencing on the first March 1 after completion of the EPU of Unit 2, and by March 1 of each year thereafter, PBAPS shall provide a total ONE HUNDRED THOUSAND DOLLARS ($100,000.00) annually in compensatory mitigation to the Pennsylvania Fish and Boat Commission (PFBC), or to such other conservation district, resource agency or 501(c)(3) organization as directed by the PADEP, for the implementation of habitat/sediment improvement projects. This will include stream improvement projects, agricultural pasture and barnyard best management practices, and small dam removal projects.
- b. This annual compensatory mitigation shall be by corporate check, or the like, made payable to the PFBC in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for habitat/sediment Page 3of5
improvement projects in Lancaster or York Counties or to such other entities as the PADEP shall direct. PBAPS and PADEP shall receive from PFBC an annual accounting of projects implemented and fund expenditures. The funds shall be deposited by the PFBC into a special non-lapsing interest bearing account established and to be used only for the HIP Projects required by this Water Quality Certification
("PBAPS HIP Funds"). Such payments shall be made for the duration of the operation of PBAPS as an electric generation facility, unless otherwise modified and approved in writing by PADEP in accordance with paragraph 5.d., below.
- c. PADEP shall ensure that each project proposed by the PFBC shall be submitted to the DEP South-central Regional Office Waterways and Wetlands Program Manager, or the successor position, for approval.
No single project shall receive more than $75,000.00 in compensatory mitigation funding from the PBAPS HIP Fund. Funding priority shall be given for projects that include stream forested buffers of at least 50 feet in width and wetland creation projects. Project funding shall not include any indirect administrative costs and, except where specifically authorized by the DEP, shall not include direct administrative costs. In no case shall direct administrative costs be greater than 10% of the project funding. At PBAPS's option, and subject to land owner approval, for each project signage shall be displayed acknowledging PBAPS's funding of the habitat improvement.
- d. Exelon may request that the PADEP revise the compensatory mitigation in response to actions or activities by Exelon that reduce the degree of impingement and/or entrainment at the PBAPS.
- 6. Water Quality Monitoring - PADEP retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by PBAPS
- 7. Operation - For the EPU under this certification, PBAPS shall at all times properly operate and maintain the PBAPS facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this Certification and all required permits.
Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by PBAPS.
- 8. Inspection - The PBAPS, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of PADEP to determine compliance with this Certification, including all required permits, appropriate requirements of state law and Pennsylvania's Water Quality Standards. A copy of this Certification shall be available for inspection by the PADEP during such inspections of the Projects.
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- 9. Transfer of Projects - If the owners of PBAPS intend to transfer any legal or equitable interest in the PBAPS, they shall serve a copy of this Certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the PADEP Regional Office of such intent. Notice to PADEP shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of Certification responsibility, coverage, and liability between them.
- 10. Correspondence - All correspondence with and submittals to PADEP concerning this Certification shall be addressed to:
Department of Environmental Protection South-central Regional Office Waterways and Wetlands Program Manager 909 Elmerton A venue Harrisburg, PA 17110-8200
- 7. Reservation ofRights-PADEP may suspend or revoke this Certification if it determines that PBAPS has not complied with the terms and conditions of this Certification. PADEP may require additional measures to achieve compliance with applicable law, subject to PBAPS's applicable procedural and substantive rights.
- 8. Other Laws - Nothing in this Certification shall be construed to preclude the institution of any legal action or relieve PBAPS from any responsibilities, liabilities, or penalties established pursuant to any applicable federal or state law or regulation.
- 9. Severability - The provisions of this Certification are severable and should any provision of this Certification be declared invalid or unenforceable, the remainder of the Certification shall not be affected thereby.
Scott Williamson t-/z-3 /;'/
I Date Program Manager Waterways and Wetlands Program Page 5 of5