RS-14-155, Update to Chapter 9 of Byron and Braidwood Stations, Units 1 and 2 License Renewal Application, Byron Station Applicant'S Environmental Report
| ML14132A141 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 05/12/2014 |
| From: | Gallagher M Exelon Generation Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| RS-14-155 | |
| Download: ML14132A141 (12) | |
Text
Michael P. Gallagher Vice President. License Renewal Exelon Generation Exelon Nuclear 200 Exelon Way Kennett Square. PA 19348 610 765 5958 Office 610 765 5956 Fax www.exeloncorp.com michaelp.gallagher@exeloncorp.com 10 CFR 50 10 CFR 51 10 CFR 54 RS-14-155 May 12, 2014 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, DC 20555-0001 Byron Station, Units 1 and 2 Facility Operating License Nos. NPF-37 and NPF-66 NRC Docket Nos. 50-454 and 50-455
Subject:
Update to Chapter 9 of Byron and Braidwood Stations, Units 1 and 2 License Renewal Application, Byron Station Applicant's Environmental Report
References:
Exelon Generation Company, LLC letter from Michael P. Gallagher to NRC Document Control Desk, "Application for Renewed Operating Licenses", dated May 29, 2013 In the referenced letter, Exelon Generation Company, LLC (Exelon Generation) submitted the License Renewal Application (LRA) for the Byron and Braidwood Stations, Units 1 and 2, including Appendix E, Item E-1 to the LRA, which is the Byron Station Applicant's Environmental Report.
The enclosure to this letter provides an updated version of Chapter 9 (Status of Compliance) in the Byron Station Applicant's Environmental Report.
This letter and its enclosure contain no regulatory commitments.
If you have any questions, please contact Mr. AI Fulvio, Manager, Exelon Generation License Renewal, at 610-765-5936.
May 12,2014 U.S. Nuclear Regulatory Commission Page 2 I declare under penalty of perjury that the foregoing is true and correct.
Executed on: _ _5_-__.::./_?.._-_L_O/......:f-
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Respectfully,
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Michael P. Gallagher Vice President - License Renewal Projects Exelon Generation Company, LLC Enclosure - Update to Chapter 9 of Byron Station Applicant's Environmental Report cc: Regional Administrator- NRC Region Ill NRC Project Manager (Environmental Review), NRR-DLR NRC Project Manager (Safety Review), NRR-DLR NRC Project Manager, NRR-DORL Byron Station NRC Senior Resident Inspector, Byron Station Illinois Emergency Management Agency- Division of Nuclear Safety
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RS-14-155 Enclosure Page 2 of 10 Chapter 9 Status of Compliance Byron Station Environmental Report 127( ,QVHUWLRQVDQGPRGLILFDWLRQVLQWKLV XSGDWHGYHUVLRQRI&KDSWHU DUHVKRZQLQ5('
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RS-14-155 Enclosure Page 3 of 10 Byron Station Environmental Report Section 9.1 Proposed Action 9.1 Proposed Action NRC The environmental report shall list all federal permits, licenses, approvals and other entitlements which must be obtained in connection with the proposed action and shall describe the status of compliance with these requirements. The environmental report shall also include a discussion of the status of compliance with applicable environmental quality standards and requirements including, but not limited to, applicable zoning and land-use regulations, and thermal and other water pollution limitations or requirements which have been imposed by Federal, State, regional, and local agencies having responsibility for environmental protection. 10 CFR 51.45(d), as adopted by 10 CFR 51.53(c)(2) 9.1.1 General Table 9.1-1 lists environmental authorizations Exelon Generation has obtained for current Byron operations. In this context, Exelon Generation uses authorizations to include any permits, licenses, approvals, or other entitlements. Exelon Generation expects to continue renewing these authorizations, where appropriate, during the current license period and throughout the period of extended operation associated with renewal of the Byron operating license. Because the NRC regulatory focus is prospective, Table 9.1-1 does not include authorizations that Exelon Generation obtained for past activities that did not include continuing obligations.
Preparatory to applying for renewal of the Byron license to operate, Exelon Generation conducted an assessment to identify new and significant environmental information (Chapter 5).
The assessment included interviews with subject experts, review of Byron environmental documentation, and communication with state and federal environmental protection agencies.
Based on this assessment, Exelon Generation concludes that Byron is in substantive compliance with applicable environmental standards and requirements. Minor deviations from applicable standards or requirements are corrected, and notification is provided to regulatory agencies, as required. Table 9.1-2 lists additional environmental authorizations and consultations related to NRC renewal of the Byron license to operate. As indicated, Exelon Generation anticipates needing relatively few such additional authorizations and consultations.
Sections 9.1.2 through 9.1.5 discuss some of these items in more detail.
9.1.2 Threatened or Endangered Species Section 7 of the Endangered Species Act (16 USC 1531 et seq.) requires federal agencies to ensure that their actions are not likely to jeopardize the continued existence of species that are listed, or proposed for listing, as endangered or threatened. Depending on the action involved, the Act requires consultation with the U.S. Fish and Wildlife Service (USFWS), regarding effects on non-marine species, and with National Marine Fisheries Service (NMFS), when marine species could be affected. USFWS and NMFS have issued joint procedural regulations at Title 50 CFR Part 402, Subpart B, that address consultation, and USFWS maintains the joint list of threatened or endangered species at 50 CFR Part 17. Because Byrons continued operations Byron and Braidwood Stations, Units 1 and 2 Page 9-3 License Renewal Application
RS-14-155 Enclosure Page 4 of 10 Byron Station Environmental Report Section 9.1 Proposed Action would not affect any endangered or threatened marine species, consultation with NMFS is not required and was not done.
Although not required of an applicant by federal law or NRC regulation, Exelon Generation has chosen to invite comment from USFWS regarding potential effects that Byron license renewal might have. Appendix C includes copies of Exelon Generation correspondence with USFWS.
9.1.3 Historic Preservation Section 106 of the National Historic Preservation Act (16 USC 470 et seq.) requires federal agencies having the authority to license any undertaking to take into account the effect of the undertaking on historic properties and to afford the Advisory Council on Historic Preservation an opportunity to comment on the undertaking, prior to the agency issuing the license. Advisory Council regulations provide for the State Historic Preservation Officer (SHPO) to have a consulting role (35 CFR 800.2). Although not required of an applicant by federal law or NRC regulation, Exelon Generation has chosen to invite comment on the proposed license renewal for Byron from the Illinois SHPO. Appendix D includes copies of Exelon Generation correspondence with the SHPO regarding potential effects that Byron license renewal might have on historic or cultural resources.
9.1.4 Water Quality (401) Certification Federal Clean Water Act Section 401 requires an applicant seeking a federal license for an activity that may result in a discharge to navigable waters to provide the federal licensing agency with a certification, or a waiver of certification, by the state where the discharge would originate. If no waiver is issued by the state, its certification must indicate that applicable state water quality standards will not be violated as a result of the discharge (33 USC 1341).
The NRC indicated in its GEIS that issuance of an NPDES permit by a state implies continued Section 401 certification by the state (NRC 1996b). Section 402(b) of the Clean Water Act provides that the Governor of any state can apply to the Administrator of the EPA to administer the NPDES Program in the State. On October 23, 1977, the Illinois State NPDES Permit Program was approved by the EPA, giving Illinois authorization to implement the NPDES permitting program. Accordingly, as evidence of Section 401 certification by Illinois for plant operations during the initial license term, Exelon Generation is providing the existing Byron NPDES permit (IL0048313) (included in Appendix B). The existing NPDES permit was issued January 24, 2011, modified on July 15, 2011, and has an expiration date of December 31, 2015.
In accordance with CWA Section 401 and Illinois EPA guidance, by letter dated July 2, 2012 (see Appendix G), Exelon Generation filed with Illinois EPA, Illinois DNR, and the Army Corps of Engineers, an application for certification that plant operation during the Byron license renewal terms will also comply with Illinois state water quality standards.
Determination by Illinois EPA of the applications completeness and initiation of the agencys technical review are expected to occur upon Exelon Generations filing with the NRC of the Byron and Braidwood Stations, Units 1 and 2 License Renewal Application. Responses from the Illinois DNR and Army Corps of Engineers (see Appendix G) indicate that permits from these agencies are not required to support renewal of the Byron NRC operating licenses, and neither agency objects to issuance of the requested CWA Section 401 certification. By letter to the NRC dated July 5, 2013, Illinois EPA issued the CWA Section 401 certification for operation of Byron during the license renewal term (ML14113A544).
Byron and Braidwood Stations, Units 1 and 2 Page 9-4 License Renewal Application
RS-14-155 Enclosure Page 5 of 10 Byron Station Environmental Report Section 9.1 Proposed Action 9.1.5 Coastal Zone Management Program The Federal Coastal Zone Management Act (CZMA) (16 USC 1451 et seq.) imposes requirements on applicants for a federal license to conduct an activity that could affect a states coastal zone (NRC 2009c). The Act requires the applicant to certify to the licensing agency that the proposed activity would be consistent with the states federally approved coastal zone management program [16 USC 1456(c)(3)(A)]. The National Oceanic and Atmospheric Administration has promulgated implementing regulations that indicate that the requirement is applicable to renewal of federal licenses for activities not previously reviewed by the state
[15 CFR 930.51(b)(1)]. The regulation requires that the license applicant provide its certification to the federal licensing agency and a copy to the applicable state agency [15 CFR 930.57(a)].
Participation in the National Oceanic and Atmospheric Administration (NOAA) Coastal Zone Management Program is voluntary; federal assistance is given to states willing to develop and implement a comprehensive coastal management program. Illinois Department of Natural Resources (IDNR) is the lead agency for implementing a comprehensive coastal management program for protection of the Great Lakes in Illinois. In January 2009, IDNR submitted a draft program document to NOAAs Ocean and Coastal Resource Management's Coastal Programs Division. NOAA approved it on January 31, 2012 (NOAA 2012).
The inland boundary of the Illinois coastal zone includes parts of Cook and Lake Counties and of the Chicago and Calumet River watersheds (NOAA 2011). Byron is outside the boundaries of the Illinois coastal zone, and therefore, no certification of consistency with the Illinois coastal zone management program is required.
Byron and Braidwood Stations, Units 1 and 2 Page 9-5 License Renewal Application
RS-14-155 Enclosure Page 6 of 10 Byron Station Environmental Report Section 9.1 Proposed Action Table 9.1-1 Environmental Authorizations for Current Byron Operations Issue or Agency Authority Requirement Number Expiration Date Activity Covered Federal and State Requirements U.S. Nuclear Atomic Energy Act License to operate NPF-37 Issued: 02/14/1985 Operation of Byron Regulatory (42 USC 2011, et seq.), Expires: Station Unit 1 Commission 10 CFR 50.10 NPF-66 10/31/2024 Issued: 01/30/1987 Operation of Byron Expires: Station Unit 2 11/06/2026 (Scientech 2010)
Illinois Clean Water Act NPDES Permit IL0048313 (IEPA Issued: 01/24/2011 Discharges to Rock Environmental (33 USC Section 1251 2011b) Expires: River or its Protection Agency, et seq.), Illinois 12/31/2015 tributaries of: (1)
Division of Water Administrative Code cooling tower Pollution Control Title 35, Part 309 blowdown water mixed with other processes. and (2) storm water runoff Illinois Environmental Water Pollution 2011-EP-1250 Issued: 02/16/2011 Hauling of sanitary Environmental Protection Act [415 Control Permit (IEPA 2011c) Expires: wastewater to the Protection Agency, ILCS 5/13, 13.3 and 01/31/2016 City of Oregon Division of Water 27] Wastewater Pollution Control Treatment Facility Byron and Braidwood Station, Units 1 and 2 Page 9-6 License Renewal Application
RS-14-155 Enclosure Page 7 of 10 Byron Station Environmental Report Section 9.1 Proposed Action Table 9.1-1 Environmental Authorizations for Current Byron Operations (Continued)
Issue or Agency Authority Requirement Number Expiration Date Activity Covered Federal and State Requirements U.S. Department 49 USC 5108, Hazardous Materials 051713550083VX Issued: Transportation of of Transportation, Transportation Certificate of 05/17/2013 hazardous Pipeline and registration; Registration Expires: materials.
Hazardous 49 CFR Part 107, 06/30/2016 Materials Safety Subpart G, Hazardous Administration material shipper/carrier registration Illinois Federal Clean Air Act FESOP Application Issued: 12/01/2001 Air emissions from Environmental (42 USC 7401), #78090018 Expires:12/13/2007 1 auxiliary boilers, Protection Agency, 40 CFR Part 70, and 9/11/2007; emergency Division of Air Illinois Administrative supplemented generators, Pollution Control Code 35 IAC 201 12/10/2007 radwaste volume ID# 141820AA reduction system, (IEPA 2002) cooling towers, and ancillary operations Illinois 35 IAC 722 Notification of ILD000806521 Not Applicable Small quantity Environmental Hazardous Waste (Exelon Nuclear generator of Protection Agency, Activity 2003b) hazardous and Bureau of Land mixed waste Illinois 35 IAC 391 Land application of 2009-SC-2169-1 Issued: 04/20/2010 Land application of Environmental sludge (IEPA 2010b) Expires: river sediment that Protection Agency, 05/31/2014 accumulates in the Bureau of Land cooling towers 1
415 Illinois Complied Statutes 5/-, Title II, Air Pollution, Sec. 39(x), extends the effective term of the FESOP if the permit holder submits a complete application for renewal to the IEPA prior to the permit expiration date. Because Exelon Generation met this requirement, the permit is administratively extended (415 ILCS 5/39(x)).
2
)XWXUHODQGDSSOLFDWLRQRIULYHUVHGLPHQWLVEHLQJHYDOXDWHGA permit renewal application will be filed after the evaluation is complete.
Byron and Braidwood Station, Units 1 and 2 Page 9-7 License Renewal Application
RS-14-155 Enclosure Page 8 of 10 Byron Station Environmental Report Section 9.1 Proposed Action Table 9.1-1 Environmental Authorizations for Current Byron Operations (Continued)
Issue or Agency Authority Requirement Number Expiration Date Activity Covered Federal and State Requirements Illinois Emergency 32 IAC 609 Waste tracking permit IL-0105 Not Applicable Shipments of low-Management level radioactive Agency, Division waste of Nuclear Safety Tennessee Tennessee Code License to deliver T-IL007-L12 Renewed annually License to deliver Department of Annotated 68-202-206 radioactive material (TDEC 2011) radioactive material Environment and to processing Conservation facility in Tennessee Utah Department Utah Rule 313-26 Permit to deliver 0110000032 Permit to deliver of Environmental radioactive material (Utah 2012) Renewed annually radioactive material Quality to disposal facility in Utah NPDES - National Pollutant Discharge Elimination System FESOP - Federally Enforceable State Operating Permit Byron and Braidwood Station, Units 1 and 2 Page 9-8 License Renewal Application
RS-14-155 Enclosure Page 9 of 10 Byron Station Environmental Report Section 9.1 Proposed Action Table 9.1-2 Environmental Authorizations for Byron License Renewala Agency Authority Requirement Remarks Status U.S. Nuclear Atomic Energy Act License Applicant for federal license ER filed Regulatory (42 USC 2011 renewal must submit an Environmental with LRA Commission et seq.) Report in support of license 5/29/2013 renewal application U.S. Fish and Endangered Species Consultation Federal agency issuing a Wildlife Service Act Section 7 license must consult with the (16 USC 1536) USFWS Illinois Clean Water Act Certification Applicant seeking federal 6HHSec.
Environmental Section 401 license for a project with 9.1.4 Protection Agency (33 USC 1341) discharge to state waters must obtain either State certification that proposed action would comply with applicable State water quality standards or a waiver Illinois Historic National Historic Consultation Federal agency issuing a Preservation Agency Preservation Act license must consider cultural Section 106 impacts and consult with State (16 USC 470f) Historic Preservation Officer a
No requirements related to NRC license renewal were identified for local or other agencies Byron and Braidwood Stations, Units 1 and 2 Page 9-9 License Renewal Application
RS-14-155 Enclosure Page 10 of 10 Byron Station Environmental Report Section 9.2 Alternatives 9.2 Alternatives NRC The discussion of alternatives in the report shall include a discussion of whether the alternatives will comply with such applicable environmental quality standards and requirements. 10 CFR 51.45(d),
as required by 10 CFR 51.53(c)(2)
The coal, gas, purchased power, new nuclear, and renewables alternatives discussed in Section 7.2 could be constructed and operated to comply with applicable environmental quality standards and requirements. Exelon Generation notes that increasingly stringent air quality protection requirements could make the construction of a large fossil-fueled power plant infeasible in many locations. Exelon Generation also notes that the EPA is revising its requirements for design and operation of cooling water intake structures at new and existing facilities (40 CFR Part 125, Subparts I and J). These requirements could necessitate construction of cooling towers and other technologies for the coal- and gas-fired and new nuclear alternatives.
Byron and Braidwood Stations, Units 1 and 2 Page 9-10 License Renewal Application