SBK-L-10076, Federal Coastal Zone Consistency Certification for License Renewal

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Federal Coastal Zone Consistency Certification for License Renewal
ML101550353
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 05/28/2010
From: Freeman P
NextEra Energy Seabrook
To:
Office of Nuclear Reactor Regulation, State of NH, Dept of Environmental Services
References
SBK-L-10076
Download: ML101550353 (29)
v • d • e


Text

NEXTSYr EN ERGY SEABROOK May 28, 2010 SBK-L- 10076 Federal Consistency Coordinator New Hampshire Coastal Program New Hampshire Depjartment of Environmental Services 22 International Drive, Suite 175 Portsmouth, NH 03801 Federal Coastal Zone Consistency Certification for Seabrook Station License Renewal NextEra Energy Seabrook, LLC (NextEra Energy Seabrook) has submitted an application to the US Nuclear Regulatory Commission (NRC) for renewal of the Seabrook Station operating license. In accordance with the requirements of the Coastal Zone Management Act ("CZMA"),

NextEra Energy Seabrook has included in its application a certification that renewal would be consistent with the federally approved New Hampshire coastal zone management program. As the CZMA requires, NextEra Energy Seabrook has enclosed a copy of the certification for state review. In addition, a copy of NextEra's NRC license renewal application is provided on the enclosed CD, in accordance with 15 CFR. 930.58.

To the best of NextEra Energy Seabrook's knowledge, Seabrook Station operates in full compliance with New Hampshire's coastal zone management program. The state has concurred with Seabrook Station's previous certifications that US Environmental Protection Agency issuance of a National Pollutant Discharge Elimination System permit and subsequent renewals were consistent with the coastal zone management program. NextEra Energy Seabrook has no plans due to license renewal to change station operations in any way that would affect its compliance with the coastal zone management program.

If you have any questions, please contact Mr. Richard Cliche, Seabrook Station License Renewal Project Manager at 603-773-7003.

Sincerely, NextEra Energy Seabrook, LLC Paul 0. Freeman Site Vice President cc: Jeremy Susco, NRC Project Manager NextEra Energy Seabrook, LLC, P.O. Box 300, Lafayette Road, Seabrook, NH 03874

ENCLOSURE 1 TO SBK-L-10076 ATTACHMENT E COASTAL ZONE CONSISTENCY CERTIFICATION Final Applicant's Environmental Report -

Operating License Renewal Stage Seabrook Station NextEra Energy Seabrook, LLC

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification ATTACHMENT E COASTAL ZONE CONSISTENCY CERTIFICATION Seabrook Station Unit 1 Page E-1 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification COASTAL ZONE CONSISTENCY CERTIFICATION Federal Consistency Certification for Federal Permit and License Applications NextEra Energy Seabrook, LLC (NextEra Energy Seabrook) certifies to the U.S. Nuclear Regulatory Commission (NRC) that renewal of the Seabrook Station operating license is consistent with enforceable policies of the federally-approved coastal zone management program for the State of New Hampshire. The Consistency Certification is set forth below, and is followed by the information and data necessary to satisfy Coastal Zone Management Act (CMZA) requirements.

CONSISTENCY CERTIFICATION The proposed activity, NRC's renewal of the Seabrook Station operating license, complies with the enforceable policies of New Hampshire's approved coastal management program and will be conducted in a manner consistent with such program.

NECESSARY DATA AND INFORMATION Statutory and Regulatory Background The CZMA (16 USC 1451 et seq.) imposes certification requirements on applicants for a federal license to conduct an activity that could affect a state's coastal zone. The act requires the applicant to certify in the application to the licensing agency that the proposed activity would be consistent with the state's federally approved coastal management program. The Act also requires the applicant to provide to the state a copy of the certification, with all necessary information and data, and requires the state to notify the federal agency and the applicant at the earliest practicable time whether the state concurs with, or objects to, the consistency certification. If the state objects, the federal agency cannot issue the license unless the Secretary of Commerce determines that the activity is consistent with the objectives of the CZMA or is otherwise necessary in the interest of national security. See 16 USC 1456(c)(3)(A).

The Secretary of Commerce has delegated federal CZMA responsibilities to the National Oceanic and Atmospheric Administration (NOAA). NOAA has promulgated regulations implementing the CZMA (15 CFR 930 et seq.) that indicate that consistency requirements apply to license renewals under certain circumstances, including renewals of federal licenses not previously reviewed by the state agency. NOAA approved the New Hampshire coastal management program in 1982 (Ref. E-5).

The New Hampshire Department of Environmental Services, Water Division, Watershed Management Bureau administers the New Hampshire Coastal Program and maintains a website on the program in general (Ref. E-1). The Seabrook Station Unit I Page E-2 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification website provides a link to a state coastal zone map that shows that the towns of Seabrook, Hampton and Hampton Falls are included in the coastal zone (Ref. E-2). The website also provides a link to information on federal consistency (Ref. E-3). The state has published a guide to federal consistency that lists NRC licensing and U. S. Environmental Protection Agency (EPA) permitting under the National Pollutant Discharge Elimination System (NPDES) as federal licensing activities that the state presumes have reasonably foreseeable coastal effects and thus require CZMA certification (Ref. E-4,Section IV and Appendix C.II).

EPA administers the NPDES program in New Hampshire. In 1985, the State of New Hampshire concurred with Seabrook Station's certification that EPA's issuance of the Station's NPDES permit and subsequent renewals were consistent with the New Hampshire coastal zone management program (e.g., Ref. E-9). However, the State of New Hampshire has not previously performed a CZMA review of the NRC operating license.

Proposed Action The NRC license for Seabrook Station will expire in 2030. The NRC regulations provide for license renewal, and NextEra Energy Seabrook is applying for renewal of the Seabrook Station operating license. Renewal would extend the Seabrook Station operating license term to 2050.

Seabrook Station is an electric generating plant located within the New Hampshire coastal zone, in the Town of Seabrook, Rockingham County, on the western shore of Hampton Harbor, two miles west of the Atlantic Ocean (Figures E-1 and E-2). The location is approximately two miles north of the Massachusetts state line. The site consists of 889 acres and is bounded on the north, east, and south by estuarine marshlands (Figure E-3).

Approximately two thirds of the site area is characterized by broad open areas of level tidal marsh veined with man-made linear drainage ditches and tidal creeks. Wooded islands and peninsulas rise from the marsh to elevations of 20 to 30 feet above sea level. The developed portion of the site encompasses slightly more than 100 acres. Three transmission lines connect Seabrook Station to the New England electric grid, as shown on Figure E-4.

Seabrook Station has been in commercial operation since 1990. The station is a single-unit pressurized water reactor with a net electric output of 1,245 megawatts. The station has a once-through heat dissipation system that withdraws cooling water from, and discharges heated effluent to, the Atlantic Ocean via offshore intake and discharge structures. During normal operations, the cooling system withdraws and discharges approximately 600 million gallons per day (gpd). The station uses approximately 115,000 gpd of fresh water from the Seabrook, New Hampshire municipal water system and normally discharges a maximum of approximately 20,000 gpd to the municipal wastewater system (discharge increases by approximately 29,000 gpd during refueling outages). There are no major Seabrook Station Unit 1 Page E-3 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification aquifers in the site vicinity and the station's use of groundwater is limited to approximately 35,000 gpd from dewatering that discharges to the site storm water drainage system. Stormwater from the site is discharged through the cooling water system.

Seabrook Station employs approximately 1,100 full-time workers and an additional 800 temporary (30-day) workers every 18 months for refueling outages.

NextEra Energy Seabrook has identified no need for environmentally significant new aging management programs or major modifications to existing programs and has no plans to add outage or non-outage employees to support Seabrook Station operations during the license renewal term. As such, renewal would result in a continuation of environmental impacts currently regulated by the state. Table E-1 lists state and federal environmental licenses, permits, and other authorizations for current Seabrook Station operations and Table E-2 identifies compliance activities associated specifically with NRC license renewal.

Environmental Impacts Discussion of Seabrook Station environmental impacts can be found in the following three documents:

NRC generic environmental impact statement (GELS) for license renewal NextEra Energy Seabrook environmental report for Seabrook Station license renewal Exhibit E-1 to this coastal consistency certification The following paragraphs discuss each of these documents in more detail.

Prior to renewing the Seabrook Station license, the NRC will issue a site-specific supplement to the GELS. This document will also discuss the environmental impacts to the proposed action.

Generic Environmental Impact Statement for License Renewal The NRC has prepared a GElS (Ref. E-6) to assess the environmental impacts that could be associated with nuclear power plant license renewal and an additional 20 years of operation of individual plants and has codified its findings (10 CFR 51, Subpart A, Appendix B, Table B-I). The codification identified 92 potential environmental issues, 69 of which the NRC identified as having small impacts and termed "Category 1 issues." The NRC defines "small" as:

Small - For the issue, environmental effects are not detectable or are so minor that they will neither destabilize nor noticeably alter any important attribute of the resource. For the purpose of assessing radiological impacts, the Commission has concluded that those impacts that do not exceed Seabrook Station Unit 1 Page E-4 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification permissible levels in the Commission's regulations are considered small as the term is used in this table (10 CFR 51, Subpart A, Appendix B, Table B-i)

The NRC codification and the.GEIS discuss the following types of Category 1 environmental issues:

Surface water quality, hydrology, and use Aquatic ecology Groundwater use and quality Terrestrial resources Air quality Land use Human health Postulated accidents Socioeconomics Uranium fuel cycle and waste management Decommissioning In its decision-making for plant-specific license renewal applications, absent new and significant information to the contrary, the NRC relies on its codified findings, as amplified by supporting information in the GELS, for assessment of environmental impacts from Category 1 issues [10 CFR 51.95(c)(40)]. For plants, such as Seabrook Station, that are located in the coastal zone, many of these issues involve impacts to the coastal zone. NextEra Energy Seabrook has adopted by reference the NRC findings and GElS analyses for 471 applicable Category 1 issues.

2 Environmental Report for Seabrook Station License Renewal The NRC regulation identified 21 issues as "Category 2," for which license renewal applicants must submit additional site-specific information. 3 Of these,

'The remaining Category 1 issues do not apply to Seabrook Station either because they are associated with design or operational features the Seabrook Station does not have (e.g.,

circulating water cooling towers) or to an activity, refurbishment, that Seabrook Station will not undertake.

2 This consistency certification is provided as Attachment E to the environmental report.

3 10 CFR 51, Subpart A,Appendix B, Table B-1 also identifies 2 issues as NA" for which NRC could not come to a conclusion regarding categorization. NextEra Energy Seabrook believes that these issues, chronic effects of electromagnetic fields and environmental justice, do not affect the "coastal zone" as that phrase is defined by the Coastal Zone Management Act [16 USC 1453(1)].

Seabrook Station Unit 1 Page E-5 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification 11 apply to Seabrook Station 4 and, like the Category 1 issues, could involve impacts to the coastal zone. The following paragraphs list the applicable Category 2 issues, summarize NextEra Energy Seabrook's conclusions on impacts, and identify the location of more detailed discussion in the NextEra Energy Seabrook environmental report for Seabrook Station license renewal.

Entrainment of fish and shellfish in early life stages - This issue addresses mortality of organisms small enough to pass through the plant's cooling water system. Seabrook Station conducts an entrainment monitoring program approved by EPA and New Hampshire Department of Environmental Services (NHDES). The estimated number, by species, of entrained organisms and their adult equivalency are reported annually. Future proposed changes to the entrainment monitoring program would be subject to approval by EPA and NHDES. EPA determined that the plant's intake structure was Best Available Technology to minimize impact. Section 4.2 contains additional information about this issue. NextEra Energy Seabrook concludes that these impacts are small during current operations and has no plans that would change this conclusion for the license renewal term.

Impingement of fish and shellfish - This issue addresses mortality of organisms large enough to be impinged on the intake screens, precluding passage into the plant equipment. The studies and permit discussed above also address impingement and Section 4.3 contains additional information about this issue. NextEra Energy Seabrook concludes that these impacts are small during current operations and has no plans that would change this conclusion for the license renewal term.

Heat shock - This issue addresses mortality of aquatic organisms by exposure to heated plant effluent. The Station's NPDES permit provides a Section 316(a) variance based on past and ongoing studies showing no significant impact on the local biological community. Section 4.4 contains additional information about this issue. NextEra Energy Seabrook concludes that impacts to fish and shellfish from heat shock are small during current operations and has no plans that would change this conclusion for the license renewal term.

Threatened or endangered species - This issue addresses effects that Seabrook Station operations could have on species that are listed under federal law as threatened or endangered. NextEra Energy Seabrook has also addressed state-protected species. Six federally-listed aquatic species, the shortnose sturgeon, the loggerhead turtle, the green turtle, the hawksbill turtle, the Kemp's ridley turtle, and the leatherback turtle, potentially could be 4

The remaining Category 2 issues do not apply to Seabrook Station either because they are associated with design or operational features the Seabrook Station does not have (e.g.,

circulating water cooling towers) or to an activity, refurbishment, that Seabrook Station will not undertake.

Seabrook Station Unit 1 Page E-6 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification present in the vicinity of the Station. Station impingement monitoring has never encountered these species and the ecology of these species is unlikely to bring them into contact with the intakes. The habitat on the site and along its transmission corridors is unlikely to be suitable for any of the three federally-listed species known to be present in the four counties included in the project area. Based on the habitat types, a total of 8 vertebrate, 23 plant, and 2 invertebrate species with state threatened or endangered status were identified as potentially present. NextEra Energy Seabrook is unaware of any Station impacts to listed terrestrial species. Agency correspondence indicates that license renewal is unlikely to affect any listed species on the transmission corridors as long as current vegetation management practices and policies are followed. For these reasons, NextEra Energy Seabrook concludes that impacts to threatened or endangered species are small.

NextEra Energy Seabrook has no plans that would change this conclusion for the license renewal term. See Section 4.10 for additional information.

Electromagnetic fields, acute effects (electric shock) - This issue addresses the potential for shock from induced currents, similar to static electricity effects, in the vicinity of transmission lines (see Section 13). Because this strictly human-health issue does not directly or indirectly affect natural resources of concern within the Coastal Zone Management Act definition of "coastal zone" (16 USC 1453[1]), NextEra Energy Seabrook concludes that the issue is not subject to the certification requirement.

Housing - This issue addresses impacts that additional NextEra Energy Seabrook employees required to support license renewal and the additional concomitant indirect jobs could have on local housing availability (Section 4.14). NextEra Energy Seabrook estimates that no additional workers would be needed to support Seabrook Station operations during the license renewal term. NextEra Energy Seabrook concludes that because there is no increase in staffing, no additional housing would be required and, therefore, the appropriate characterization of Seabrook Station license renewal housing impacts is "small."

Public services: public utilities - This issue addresses impacts that adding license renewal workers could have on public water supply systems (Section 4.15). NextEra Energy Seabrook estimates that no additional workers would be needed to support Seabrook Station operations during the license renewal term. NextEra Energy Seabrook concludes that because there is no increase in staffing, no additional demands on the public water supply system would be experienced and, therefore, the appropriate characterization of Seabrook Station license renewal impacts is "small."

Offsite land use - This issue addresses impacts to land use that could result from a larger worker population and from local government spending of Station property tax dollars in ways that can alter land use patterns. NextEra Energy Seabrook estimates that no additional workers would be needed to Seabrook Station Unit 1 Page E-7 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification support Seabrook Station operations during the license renewal term, so there would be no offsite land use impacts due to an increased worker population. Generally, Seabrook Station property taxes comprise too small a percentage of revenues of local governments to cause offsite land use impacts to be other than small, with the possible exception of the Town of Seabrook. Seabrook Station's property taxes have represented between approximately 30 to 40 percent of the Town of Seabrook's net tax commitment. However, the annual rate of change of Town of Seabrook land use has been small and is half that of the county, as a whole. NextEra Energy Seabrook concludes that impacts during the Seabrook Station license renewal term would be small. Section 4.17 contains additional information about this issue.

Public services: transportation - This issue addresses impacts that additional license renewal workers could have on local traffic pattern (Section 4.18).

NextEra Energy Seabrook estimates that no additional workers would be needed to support Seabrook Station operations during the license renewal term. NextEra Energy Seabrook concludes that because there is no increase in staffing, no transportation impacts would be experienced and, therefore, the appropriate characterization of Seabrook Station license renewal impacts is "small."

Historic and archaeoloqical resources - This issue addresses impacts that license renewal activities could have on resources of historic or archaeological significance. NextEra Energy Seabrook is not aware of any historic or archaeological resources that have been affected, to date, by Seabrook Station operations, including operation and maintenance of transmission lines. NextEra Energy Seabrook is aware of the potential for discovery of cultural resources during land-disturbing activities based on the results of pre-operational archaeological exploration. NextEra is developing procedures to protect any archaeological resources, if discovered, on the Seabrook Station site. NextEra Energy Seabrook has no plans for land-disturbing activities due to license renewal and no other plans due to license renewal that would disturb such resources.

Therefore, NextEra Energy Seabrook concludes that license renewal would not affect historic and archaeological resources. NextEra Energy Seabrook also has consulted with the New Hampshire State Historic Preservation Officer (SHPO) and the Massachusetts Historical Commission (MHC) SHPO regarding this conclusion for the station and the transmission corridors and the SHPOs in both states have concurred that license renewal and associated operation and maintenance activities would have no effect on historic or archaeological resources.

Severe accidents - The NRC determined that the license renewal impacts from severe accidents would be small but that applicants who have not previously done so should perform site-specific analyses of ways to further Seabrook Station Unit 1 Page E-8 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification mitigate impacts. NextEra Energy Seabrook used a NRC-approved methodology to conduct a severe accident mitigation alternatives (SAMAs) analysis and found two SAMAs that are potentially cost beneficial for Seabrook Station. Section 4.20 contains additional information about this issue. Because these SAMAs are not age-related, they need not be implemented as part of license renewal. They will be addressed in the Station's Long Range Plan.

Coastal Consistency Certification for Seabrook Station License Renewal Previous sections of this certification discussed the environmental impacts of Seabrook Station license renewal. This section addresses how these impacts, and other Seabrook Station activities, comply with New Hampshire Coastal Program requirements.

The New Hampshire Coastal Program website lists 16 coastal zone enforceable policies (Ref. E-7). For each policy, NextEra Energy Seabrook has included in Exhibit E-1 the text of the policy and a discussion of how Seabrook Station license renewal is consistent with the policy. NOAA has published an environmental impact statement (EIS) in conjunction with its approval of the New Hampshire coastal program (Ref. E-8).

Findings In summary, the information provided with this certification supports the following findings:

New Hampshire has concurred for the original NPDES permit for station operations and for subsequent renewals that Seabrook Station operation is consistent with the federally approved New Hampshire coastal zone management program.

The NRC has found that the impacts of certain license renewal environmental issues (i.e., Category 1 issues) are small. NextEra Energy Seabrook has adopted by reference the NRC findings for these issues as they are applicable to Seabrook Station.

For other license renewal issues (i.e., Category 2) that are applicable to Seabrook Station, NextEra Energy Seabrook has determined that the environmental impacts are small. Impacts to coastal zone resources, therefore, would also be small.

To the best of NextEra Energy Seabrook's knowledge, Seabrook Station and its associated transmission lines and corridors are in compliance with New Hampshire's licensing and permitting requirements and are in compliance with its state-issued licenses and permits.

NextEra Energy Seabrook's license renewal and continued operation of Seabrook Station would be consistent with the enforceable policies of the New Hampshire coastal zone management program.

Seabrook Station Unit 1 Page E-9 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification STATE NOTIFICATION Upon receipt of a complete consistency certification that Seabrook Station license renewal is consistent with New Hampshire's coastal zone management program, federal regulation gives the State six months in which to concur with or object to the certification [15 CFR 930.62(a)]. If the State has not issued a decision within three months following the commencement of state agency review, it shall notify the contacts listed below of the status of the matter and the basis for further delay [15 CFR 930.62(b)].

Correspondence concerning the State of New Hampshire's review of this coastal consistency certification should be sent to:

Mr. Richard R. Clich6 Mr. Michael D. O'Keefe NextEra Energy Seabrook LLC NextEra Energy Seabrook LLC License Renewal Project Manager Licensing Manager P0 Box 300 P0 Box 300 Seabrook, NH 03874 Seabrook, NH 03874 Seabrook Station Unit 1 Page E-10 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification REFERENCES E-1 New Hampshire Department of Environmental Services, Water Division, Coastal Program. Website available at http://des.nh.gov/organization/

divisions/water/wmb/coastal/index.htm. Accessed September 25, 2008.

E-2 New Hampshire Coastal Zone. Available at http://des.nh.gov/organization/

divisions/water/wmb/coastal/documents/nhcoastalzone_map.pdf.

Accessed September 25, 2008.

E-3 New Hampshire Department of Environmental Services, Water Division, Coastal Program, Federal Consistency. Website available at http://des. nh.gov/organization/divisions/water/wmb/coastal/federalconsiste ncy.htm. Accessed September 25, 2008.

E-4 New Hampshire Coastal Program Guide to Federal Consistency; Coastal Zone Management Act §307. Available online at http://des.nh.gov/

organization/commissioner/pip/publications/wd/documents/wd-05-21. pdf.

Accessed September 25, 2008.

E-5 Ocean and Coastal Management in New Hampshire. Website of National Oceanographic and Atmospheric Administration. Available online at http://coastalmanagement.noaa.gov/mystate/nh.html. Accessed September 18, 2008.

E-6 Generic Environmental Impact Statement for License Renewal of Nuclear Plants, U. S. Nuclear Regulatory Commission. NUREG-1437, May 1996.

Available online at http://www.nrc.gov/reading-rm/doc-collections/nuregs/

staff/sr1437/. Accessed September 23, 2008.

E-7 Coastal Program Policies. New Hampshire Department of Environmental Services, Water Division. Available on http://des.nh.gov/organization/

divisions/water/wmb/coastal/documents/enforceablepolicies.pdf.

Accessed September 25, 2008.

E-8 New Hampshire Coastal Program and Final Environmental Impact Statement, U. S. Department of Commerce, National Oceanic and Atmospheric Administration Office of Ocean and Coastal Resource Management, July 1982. Available online at http://des.nh.gov/organization/

divisions/water/wmb/coastal/feis.htm. Accessed October 3, 2008.

E-9 Letter, Piattoni (State of New Hampshire Coastal Program Manager), to DeVincentis (Public Service Company of New Hampshire), July 23, 1985.

Seabrook Station Unit 1 Page E-11 License Renewal Application

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(- CD Table E-1 Environmental Authorizations for Current Seabrook Station Operation CD V) 0" (D Issue or Expiration 0

Agency Authority Requirement Number Date Activity Covered CD

=3 CD Federal and State Requirements 0

=3 U.S. Nuclear Atomic Energy Act License to operate NPF-86 (NRC Issued: 03/15/1990 Operation of C: Regulatory (42 USC 2011, et 2008) Expires: 03/15/2030 Seabrook Station Commission seq.), 10 CFR 50.10

  • 0 U.S. Environmental Clean Water Act (33 NPDES Permit NH0020338 Issued: 04/01/2002 Discharges to Atlantic
3 Protection Agency, USC Section 1251 et (EPA 2002a and Expired: 04/01/2007 Ocean from cooling Region 1 seq.) Seabrook 2006b) Renewal application tunnel submitted:

09/25/2006 U.S. Environmental Clean Water Act (33 NPDES Storm Water Notice of Intent Issued: 9/29/2008 Storm water Protection Agency, USC Section 1251 et Multi-Sector General #NHR05A729 Expires: 9/29/2013 Region 1 seq.) Permit for Industrial (EPA 2002b)

Activities

3 U.S. Department of 49 USC 5108, Hazardous Materials 061109 003 Issued: 6/15/2009 Transportation of (D Transportation, Transportation Certificate of 013RT Expires: 6/30/2012 hazardous materials. CD Pipeline and registration; Registration (USDOT 2009) m Hazardous 49 CFR 107, Subpart G, Materials Safety Hazardous material 0 Administration shipper/carrier -0 registration W>

Town of Seabrook Article IV of Municipal Permit to Discharge SEA1 003 Issued: 03/21/2007 Industrial wastewater discharge to Town's NCDX Sewer System (Town of Expires: 03/20/2010 0 m Ordinance Seabrook 2007b Renewal application Publically Owned and Town of submitted: Treatment Works Seabrook 2010) 01/18/2010 (POTW)

(D X WCD 00 CD m

Table E-1 Environmental Authorizations for Currenta Seabrook Station Operations (Continued)

OCDW 0 Issue or Expiration CD

0 Agency Authority Requirement Number Date Activity Covered CD~l Federal and State Requirements New Hampshire New Hampshire Code Certificate of 021207930308A Issued: 03/20/2008 Staae 1/11 Gasoline Department of of Administrative Compliance (NHDES 2008d) Expires:12/11/2010 Vapor Recovery 0

Environmental Rules Env-A 1205 System Services, Waste Management Division New Hampshire Federal Clean Air Act Title V General Permit GSP-EG-225 Issued: 7/2/2008 Air Emissions from Department (42 USC 7401), 40 (NHDES 2008e) Expires:04/30/2013 Internal Combustion Environmental CFR 70, and New Emergency Services, Air Hampshire Code of Generator (EG#1)

Resources Division Administrative Rules, ENV-A 610 New Hampshire Federal Clean Air Act Title V Operating TP-OV-017 Issued: 06/05/2006 Air emissions from =r Department (42 USC 7401), 40 CFR Permit (NHDES 2006) Expires:06/30/2011 auxiliary boilers and 3 CD

-0 Environmental 70, and New emergency Services, Air Hampshire RSA 125-C generators m (0

Resources Division 0-New Hampshire New Hampshire Code 0 Hazardous Waste DES-HW-LP Issued: 10/09/2008 Treatment of Department of of Administrative Limited Permit 09 Expires: 10/09/2013 hazardous N (D Environmental Rules, ENV-WM 300 (NHDES 2005a) wastewater streams 0 =3 Services, Waste Management CX Division 0 .

New Hampshire New Hampshire Code Aboveground Storage Facility ID# Issued: 12/24/2007 Aboveground tanks (n <

Department of of Administrative Tank Registration 930908A Expires: None Environmental Rules, ENV-WM-1400 (NHDES 2008f) ,< 3 Services, Waste CD =

CD Management m Division W (D 0 0

Table E-1 Environmental Authorizations for Currenta Seabrook Station Operations (Continued) 5' CD 0

Q Issue or Expiration Agency Authority Requirement Number Date Activity Covered CD0 ow Federal and State Requirements 53 -~ New Hampshire New Hampshire RSA Permit to Display MFD 0801 Issued: 01/04/2010 Display of finfish and Fish and Game 214:29 Finfish and (NHDFG 2010) Expires:12/31/2010 invertebrates at the 0 Department Invertebrates Science and Nature Center Virginia Department Title 44, Code of Registration to FP-S-1 03110 Issued: 09/17/2008 Registration for of Emergency Virginia, Chapter 3.3, transport radioactive (Virginia 2008) Expires:10/31/2010 transporting Management Section 44-146.30 material radioactive material in Virginia Tennessee Tennessee Code License to deliver T-NH001-L10 Issued: 1/1/2010 License to deliver Department of Annotated 68-202-206 radioactive material (TNDEC 2009) Expires:12/31/2010 radioactive material Environment and to processing facility "1-Conservation in Tennessee 0)

Utah Department of Utah Rule 313-26 Permit to deliver 0111000045 Issued: 4/28/2009 Permit to deliver

-00 Environmental radioactive material (UTDEQ 2009) Expires:4/28/2010 radioactive material CD Quality to disposal facility in m

(0 Utah NPDES - National Pollutant Discharge Elimination System 0-0 aCurrent through March 1,2010.

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Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification Table E-2 Environmental Authorizations for Seabrook Station License Renewal Agency Authority Requirement Remarks U.S. Nuclear Atomic Energy Act License renewal Environmental Reoort submitted Regulatory (42 USC 2011 in support of license renewal Commission et seq.) application U.S. Fish and Endangered Consultation Requires federal agency issuing Wildlife Service Species Act a license to consult with the Section 7 FWS (Attachment C)

(16 USC 1536)

National Marine Endangered Consultation Requires federal agency issuing Fisheries Service Species Act a license to consult with the Section 7 NMFS(Attachment C)

(16 USC 1536)

New Hampshire Clean Water Act Certification Requires State certification that Department of Section 401 proposed action would comply Resources and (33 USC 1341) with Clean Water Act standards Economic (Attachment B)

Development New Hampshire National Historic Consultation Requires federal agency issuing Division of Historical Preservation Act a license to consider cultural Resources Section 106 impacts and consult with State (16 USC 470f) Historic Preservation Officer (Attachment D)

Massachusetts National Historic Consultation Requires federal agency issuing Historical Preservation Act a license to consider cultural Commission Section 106 impacts and consult with State (16 USC 470f) Historic Preservation Officer (Attachment D)

New Hampshire The Federal Coastal Zone Requires the federal agency Department of Coastal Zone Consistency issuing the license (NRC) to Environmental Management Act Certification verify that the State of New Services (16 USC 1451) Hampshire has determined that renewal of the Seabrook Station operating license would be consistent with the federally approved State Coastal Zone Management program. The applicant (NextEra Energy Seabrook) must request the consistency determination from the NHDES by submitting a certification of consistency for review. (Attachment E)

Seabrook Station Unit 1 Page E-15 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification Seabrook Station Unit 1 Page E-16 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification Atlantic Ocean N

Legend 0 5 10 20Mie

  • Seabrook Station Water e Selected Cities Urban Area Primary Roads Federal Lands r 50-Mile Radius Department of Defense rMState Boundary

--- t County Boundary Seabrook Station Unit 1 Page E-17 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification N

0 500 1.000 2,000 Feet Legend

= Site Boundary I Figure E-3 Seabrook Station Site Boundary I Seabrook Station Unit 1 Page E-18 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification Raymond Exeter Sul Rockingham Legend N

A Substation 345 kV Transmission Line Interstate Primary Road 0 1 2 4 6 Seabrook Station 1 Miles State Boundary L:Counrty Boundary Water m Urban Area Crane Pond WMA h Fish and Wildlife Service Seabrook Station Unit 1 Page E-19 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification EXHIBIT E-1 NEW HAMPSHIRE COASTAL PROGRAM ENFORCEABLE POLICIES PROTECTION OF COASTAL RESOURCES Policy 1. Protect and preserve and, where appropriate, restore the water and related land resources of the coastal and estuarine environments. The resources of primary concern are coastal and estuarine waters, tidal and freshwater wetlands, beaches, sand dunes, and rocky shores.

NextEra Energy Seabrook Response - Applicable. The Seabrook Station site is composed of a developed area of uplands surrounded by tidal wetlands. There are no beaches, sand dunes, or rocky shores on the Seabrook Station site. NextEra Energy is not aware of any freshwater wetlands on the site.

Seabrook Station withdraws water from and discharges wastewater to the western Gulf of Maine (Atlantic Ocean) and discharges wastewater to the Town of Seabrook municipal wastewater system. The U. S. Environmental Protection Agency (EPA) regulates Station non-radiological discharges to the ocean by means of National Pollutant Discharge Elimination System (NPDES) discharge permits. Stormwater is discharged under an NPDES Multi-Sector General Stormwater Permit. Operation of the Station in accordance with its permits ensures compliance with state water quality standards. The Town of Seabrook regulates the Station's non-radiological discharges to town's publically-owned treatment works, which also discharges to the Atlantic Ocean, by way of an NPDES permit. The NRC regulates the Station's radiological discharges. The Station reports discharge water quality to EPA and the State monthly and annually and to the Town biannually, reports water use to the state quarterly, and reports radiological releases annually to the NRC.

To the best of NextEra Energy Seabrook's knowledge, Seabrook Station operations are in conformance with its permits and with Policy 1. NextEra Energy Seabrook has no plans that would alter this status due to license renewal.

Transmission lines connecting Seabrook Station to the grid are owned by FPL New England Division, Public Service of New Hampshire and National Grid.

To the best of NextEra Energy Seabrook's knowledge these corridors are maintained in accordance with all state (New Hampshire and Massachusetts) requirements.

Policy 2. Manage, conserve and, where appropriate, undertake measures to maintain, restore, and enhance the fish and wildlife resources of the state.

NextEra Energy Seabrook Response - Applicable. EPA regulates Station impacts to fish resources by means of the Station's NPDES permit. EPA, in issuing the permit, concluded that the Station's cooling water intake structure employs the best technology available for minimizing adverse environmental Seabrook Station Unit 1 Page E-20 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification impact and that biological monitoring will continue to assure the EPA and the State that the continued operations of Seabrook Station do not significantly impact the local biological community.

The fish and shellfish communities in the vicinity of Seabrook Station have been studied extensively since 1969. Monitoring for most communities or species began in the late 1970s or early 1980s and provides approximately 10 years of preoperational data and, as of 2008, 18 years of operational data including impingement and entrainment data. The station provides annual reports on these studies to EPA, NOAA, and the State.

To the best of NextEra Energy Seabrook's knowledge, Seabrook Station operations are in conformance with its permit and with Policy 2. NextEra Energy Seabrook has no plans that would alter this status due to license renewal.

Policy 3. Regulate the mining of sand and gravel resources in offshore and onshore locations so as to ensure protection of submerged lands, and marine and estuarine life. Ensure adherence to minimum standards for restoring natural resources impacted from onshore sand and gravel removal operations.

NextEra Energy Seabrook Response - Not applicable. Seabrook Station has no plans to engage in mining of sand or gravel due to license renewal.

Other than excavations associated with plant construction, there are no onsite locations of previous sand or gravel mining operations. Seabrook Station has plans to remove, from an onsite upland area, spoils material deposited during the excavation of the intake and discharge tunnels. Seabrook Station is requiring the contractor to conduct the removal in accordance with state wetlands protection regulations, obtain appropriate permits, and control runoff so as to protect state waters and wetlands.

Policy 4. Undertake oil spill prevention measures, safe oil handling procedures and, when necessary, expedite the cleanup of oil spillage that will contaminate public waters. Institute legal action to collect damages from liable parties in accordance with state law.

NextEra Energy Seabrook Response - Applicable, in part. Seabrook Station maintains a Spill Prevention, Control, and Countermeasures Plan that documents Station response to spillage as required by EPA regulation 40 CFR 112. NextEra Energy Seabrook concludes that the Policy 4 provision regarding instituting legal action is applicable to the State and not to NextEra Energy Seabrook.

To the best of NextEra Energy Seabrook's knowledge, Seabrook Station operations are in conformance with Policy 4 and NextEra Energy Seabrook has no plans that would alter this status due to license renewal.

Seabrook Station Unit I Page E-21 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification Policy 5. Encourage investigations of the distribution, habitat needs, and limiting factors of rare and endangered animal species and undertake conservation programs to ensure their continued perpetuation.

NextEra Energy Seabrook Response - Not applicable. NextEra Energy Seabrook concludes that this policy is applicable to state agencies. See below regarding onsite species.

Policy 6. Identify, designate, and preserve unique and rare plant and animal species and geologic formations which constitute the natural heritage of the state. Encourage measures, including acquisition strategies, to ensure their protection.

NextEra Energy Seabrook Response - Applicable. NextEra Energy Seabrook reports annually on Station monitoring of aquatic marine animals in the vicinity. One listed aquatic species, the shortnose sturgeon, has the potential to exist in the vicinity of the Seabrook Station but 18 years of operational monitoring have found no occurrence of this species. Seabrook Station has made design modifications to eliminate takes of seals.

NextEra Energy Seabrook has no records of Federal- or state-listed plant or animal species resident on the Seabrook Station site. Review of site habitats and the habitat requirements of species known to exist in the county has shown that such residency is unlikely. The site could be used for foraging by non-resident bird species but station operations are unlikely to affect adversely this behavior and NextEra Energy Seabrook has no record ofthis occurring.

NextEra Energy Seabrook is not aware of unique or rare geologic formation on the Seabrook Station site.

To the best of NextEra Energy Seabrook's knowledge, Seabrook Station operations are in conformance with Policy 6. NextEra Energy Seabrook has no plans that would alter this status due to license renewal.

As indicated in response to Policy 1, NextEra Energy Seabrook does not own the transmission lines that connect the station to the grid. To the best of NextEra Energy Seabrook's knowledge these corridors are maintained in accordance with all state requirements.

RECREATION AND PUBLIC ACCESS Policy 7. Provide a wide range of outdoor recreational opportunities including public access in the seacoast through the maintenance and improvement of the existing public facilities and the acquisition and development of new recreational areas and public access.

NextEra Energy Seabrook Response - Applicable, in part. There are no public facilities onsite except for the Seabrook Station Science and Nature Center, which is open to the public (security considerations may preclude public access). The center offers more than 30 interactive educational Seabrook Station Unit 1 Page E-22 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification exhibits, most of which are hands-on and focus on nuclear energy and the ecosystem surrounding the plant. Two of the exhibits feature live marine life.

The visitor's center is surrounded by the Owascoag Nature Trail, a nearly one-mile boardwalk and trail for viewing the marsh and woodland habitats.

To the best of NextEra Energy Seabrook's knowledge, Seabrook Station operations are in conformance with Policy 7. NextEra Energy Seabrook has no plans that would alter this status due to license renewal.

MANAGING COASTAL DEVELOPMENT Policy 8. Preserve the rural character and scenic beauty of the Great Bay estuary by limiting public investment in infrastructure within the coastal zone in order to limit development to a mixture of low and moderate density.

NextEra Energy Seabrook Response - Not applicable. NextEra Energy Seabrook concludes that this policy is applicable to state agencies' management of development in the Great Bay Estuary. Seabrook Station operates with current established infrastructure. License renewal would not alter this status.

Policy 9. Reduce the risk of flood loss, to minimize the impact of floods on human safety, health and welfare, and to preserve the natural and beneficial value of floodplains, through the implementation of the National Flood Insurance Program and applicable state laws and regulations, and local building codes and zoning ordinances.

NextEra Energy Seabrook Response - Applicable. Approximately 600 acres of the 889-acre site are undeveloped salt marsh which provide buffer for flood events. The developed portion of the site is located above the 0.2 percent annual chance floodplain (500-year flood). The station was constructed in the late '70s and early '80's in accordance with applicable state laws and regulations and remains in compliance with local building codes and zoning ordinances.

To the best of NextEra Energy Seabrook's knowledge, Seabrook Station operations are in conformance with Policy 9 and NextEra Energy Seabrook has no plans that would alter this status due to license renewal.

Policy 10. Maintain the air resources in the coastal area by ensuring that the ambient air pollution level, established by the New Hampshire State Implementation Plan pursuant to the Clean Air Act, as amended, is not exceeded.

NextEra Energy Seabrook Response - Applicable. As shown in Table E-1, Seabrook Station has several small air emission sources subject to a Clean Air Act Title V Permit issued by NHDES. The station maintains records and provides annual reports to the State in accordance with the permit.

To the best of NextEra Energy Seabrook's knowledge, Seabrook Station operations will be in conformance with its permits and Policy 10 and any Seabrook Station Unit 1 Page E-23 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification instance of non-compliance will be corrected in a timely manner. NextEra Energy Seabrook has no plans that would alter this status due to license renewal and has no plans for additional site development due to license renewal.

Policy 11. Protect and preserve the chemical, physical, and biological integrity of coastal water resources, both surface and groundwater.

NextEra Energy Seabrook Response - Applicable. See response to Policies 1 and 2 regarding Seabrook Station impacts to surface water and aquatic resources. Other than limited dewatering of groundwater leakage into buildings, Seabrook Station does not withdraw from or discharge to groundwater.

To the best of NextEra Energy Seabrook's knowledge, Seabrook Station operations are in conformance with its permits and Policy 11. NextEra Energy Seabrook has no plans that would alter this status due to license renewal and has no plans for additional site development due to license renewal.

Policy 12. Ensure that the siting of any proposed energy facility in the coast will consider the national interest and will not unduly interfere with the orderly development of the region and will not have an unreasonable adverse impact on aesthetics, historic sites, coastal and estuarine waters, air and water quality, the natural environment and the public health and safety.

NextEra Energy Seabrook Response - Not applicable. Seabrook Station is an existing, not a proposed, energy facility. The New Hampshire programmatic coastal documentation acknowledges Seabrook Station existence and the processes that were available to the State to evaluate the siting of the Station. Seabrook Station has operated consistent with this policy for 20 years. The license renewal and continued operation will not alter this status.

COASTAL DEPENDENT USES Policy 13. Allow only water dependent uses and structures on state properties in Portsmouth-Little Harbor, Rye Harbor, and Hampton-Seabrook Harbor, at state port and fish pier facilities and state beaches (except those uses or structures which directly support the public recreation purpose). For new development, allow only water dependent uses and structures over waters and wetlands of the state. Allow repair of existing over-water structures within guidelines. Encourage the siting of water dependent uses adjacent to public waters.

NextEra Energy Seabrook Response - Applicability assumed. While Seabrook Station is not located on state property, its intake and discharge pipelines pass beneath Hampton Harbor and its submerged intake and discharge structures are present in offshore waters of the state.

Documentation for the New Hampshire Coastal Program indicates that water Seabrook Station Unit 1 Page E-24 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification pipelines for electric generating plants located back from the shoreline are water dependent uses. Other than a publicly accessible interpretive nature trail, Seabrook Station has no over-water structures.

To the best of NextEra Energy Seabrook's knowledge, Seabrook Station operations are in conformance with Policy 13. NextEra Energy Seabrook has no plans that would alter this status due to license renewal and has no plans for additional site development due to license renewal.

Policy 14. Preserve and protect coastal and tidal waters and fish and wildlife resources from adverse effects of dredging and dredge disposal, while ensuring the availability of navigable waters to coastal-dependent uses.

Encourage beach renourishment and wildlife habitat restoration as a means of dredge disposal whenever compatible.

NextEra Energy Seabrook Response - Not applicable. Seabrook Station does not foresee a need to perform dredging or dredge disposal and NextEra Energy Seabrook has no plans that would alter this status due to license renewal.

PRESERVATION OF HISTORIC AND CULTURAL RESOURCES Policy 15. Support the preservation, management, and interpretation of historic and culturally significant structures, sites and districts along the Atlantic coast and in the Great Bay area.

NextEra Energy Seabrook Response - Applicable. There are national, state, and locally-designated historic resources located within 6 miles of the Station, however, none are adjacent to or within the Station property.

NextEra Energy Seabrook knows of two archaeological resources on the site but is not aware of any historic or archaeological resources that have been affected by Seabrook Station operations, including operation and maintenance of transmission lines. Because NextEra Energy Seabrook is aware of the potential for discovery of cultural resources during land-disturbing activities at its facilities, it is developing procedures that would protect archaeological resources and that address discovery of cultural resources on the Seabrook Station site. The New Hampshire and Massachusetts SHPOs have concurred that license renewal and associated operation and maintenance activities would have no effect on historic or archaeological resources.

To the best of NextEra Energy Seabrook's knowledge, Seabrook Station operations are in conformance with Policy 15. NextEra Energy Seabrook has no plans that would alter this status due to license renewal and has no plans for additional site development due to license renewal.

As indicated in response to Policy 1, NextEra Energy Seabrook does not own the transmission lines that connect the station to the grid. To the best of NextEra Energy Seabrook's knowledge these corridors are maintained in Seabrook Station Unit 1 Page E-25 License Renewal Application

Appendix E - Environmental Report Attachment E Coastal Zone Consistency Certification accordance with all state requirements. The transmission lines are critical to the ISO-NE system and would remain, regardless of license renewal.

MARINE AND ESTUARINE RESEARCH AND EDUCATION Policy 16. Promote and support marine and estuarine research and education that will directly benefit coastal resource management.

NextEra Energy Seabrook Response - Applicable. The fish and shellfish communities in the vicinity of Seabrook Station have been monitored extensively since 1969. Monitoring for most communities or species began in the late 1970s or early 1980s and provides approximately 10 years of preoperational data and, as of 2008, 18 years of operational data including impingement and entrainment data. The station provides annual reports on these studies to EPA and the State. The Seabrook Station Science and Nature Center is open to the public. The center offers more than 30 interactive educational exhibits, most of which are hands on and focus on nuclear energy and the ecosystem surrounding the plant. Two of the exhibits feature live marine life. The visitor's center is surrounded by the Owascoag Nature Trail, a nearly one-mile boardwalk and trail for viewing the marsh and woodland habitats.

To the best of NextEra Energy Seabrook's knowledge, Seabrook Station operations are in conformance with Policy 16. NextEra Energy Seabrook has no plans that would alter this status due to license renewal.

Seabrook Station Unit 1 Page E-26 License Renewal Application

ENCLOSURE 2 TO SBK-L-10076 LICENSE RENEWAL APPLICATION NextEra Energy Seabrook, LLC Seabrook Station Unit 1 Facility Operating License No. NPF-86 Docket No. 05000443

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