ML12195A168

Letters to H. Mueller, A. Hubbard, and S. Norton Re Environmental Assessment and Finding of No Significant Impact Related to Proposed Extended Power Uprate

ML12195A168
Person / Time
Site:	Saint Lucie
Issue date:	07/13/2012
From:	Orf T Plant Licensing Branch II
To:	Hubbard A, Mueller H, Norton S Environmental Protection Agency
Orf, T J
References
TAC ME5091, TAC ME5843
Download: ML12195A168 (19)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 13, 2012 Mr. Heinz Mueller, Chief Office of Environmental Assessment U.S. Environmental Protection Agency Region 4 Atlanta Federal Center 61 Forsyth Street, SW Atlanta, GA 30303-3104

SUBJECT:

ST. LUCIE PLANT, UNITS 1 AND 2 - ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT RELATED TO THE PROPOSED EXTENDED POWER UPRATE (TAC NOS. ME5091 AND ME5843)

Dear Mr. Mueller:

Enclosed is a copy of the Environmental Assessment and Finding of No Significant Impact related to Florida Power and Light Company's applications for amendments dated November 22, 2010, for S1. Lucie Unit 1, and February 23, 2011, for S1. Lucie Unit 2, and subsequent supplements. The proposed amendments would authorize increasing the licensed core power levels for Sf. Lucie Units 1 and 2 from 2700 megawatts thermal (MWt) to 3020 MWt.

The increase in core thermal power will be approximately 12 percent, including a 10-percent power uprate and a 1.7-percent measurement uncertainty recapture, over the current licensed core thermal power level and is categorized as an Extended Power Uprate.

The assessment was published in the Federal Register on July 6, 2012 (77 FR 40092). If you have any questions, please contact me by phone at 301-415-2788 or by email at Tracy.Orf@nrc.gov.

Sincerely,

~?7{) Tracy J. Orf, Project Manager Plant Licensing Branch 2-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-335 and 50-389

Enclosure:

Environmental Assessment cc wI encl. Distribution via Listserv

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 13, 2012 Mr. AI Hubbard, Administrator Industrial Wastewater Program Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3545 Tallahassee. FL 32399-2400

SUBJECT:

ST. LUCIE PLANT, UNITS 1 AND 2 - ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT RELATED TO THE PROPOSED EXTENDED POWER UPRATE (TAC NOS. ME5091 AND ME5843)

Dear Mr. Hubbard:

Enclosed is a copy of the Environmental Assessment and Finding of No Significant Impact related to Florida Power and Light Company's applications for amendments dated November 22, 2010, for St. Lucie Unit 1, and February 23, 2011, for St. Lucie Unit 2, and subsequent supplements. The proposed amendments would authorize increasing the licensed core power levels for st. Lucie Units 1 and 2 from 2700 megawatts thermal (MWt) to 3020 MWt.

The increase in core thermal power will be approximately 12 percent, including a 10-percent power uprate and a 1.7-percent measurement uncertainty recapture, over the current licensed core thermal power level and is categorized as an Extended Power Uprate.

The assessment was published in the Federal Register on July 6, 2012 (77 FR 40092). If you have any questions, please contact me by phone at 301-415-2788 or by email at Tracy.Orf@nrc.gov.

Sincerely,

'l/~O?

Tracy J. Orf, Project Manager Plant Licensing Branch 2-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-335 and 50-389

Enclosure:

Environmental Assessment cc wI encl. Distribution via Listserv

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 13, 2012 Ms. Shelley Norton Smalltooth Sawfish and Johnson's Seagrass Coordinator NOAA Fisheries Service 263 13th Avenue South St. Petersburg. FL 33701-5505

SUBJECT:

ST. LUCIE PLANT, UNITS 1 AND 2 - ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT RELATED TO THE PROPOSED EXTENDED POWER UPRATE (TAC NOS. ME5091 AND ME5843)

Dear Ms. Norton:

Enclosed is a copy of the Environmental Assessment and Finding of No Significant Impact related to Florida Power and Light Company's applications for amendments dated November 22,2010, for St. Lucie Unit 1, and February 23,2011, for St. Lucie Unit 2, and subsequent supplements. The proposed amendments would authorize increasing the licensed core power levels for St. Lucie Units 1 and 2 from 2700 megawatts thermal (MWt) to 3020 MWt.

The increase in core thermal power will be approximately 12 percent, including a 10-percent power uprate and a 1.7-percent measurement uncertainty recapture, over the current licensed core thermal power level and is categorized as an Extended Power Uprate.

The assessment was published in the Federal Register on July 6, 2012 (77 FR 40092). If you have any questions, please contact me by phone at 301-415-2788 or by email at Tracy.Orf@nrc.gov.

Sincerely, Tracy J. Orf, Project Manager Plant Licensing Branch 2-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-335 and 50-389

Enclosure:

Environmental Assessment cc wi encl. Distribution via Listserv

"'"'''° VS COVIiRNMJ:),.'t i,",f'O;lMAtIaN 40092

"'0 9 Federal Register/Vol. 77, No. 130/Friday, July 6, 2012/Notices II. Background NUCLEAR REGULATORY the NRC's PDR. Room 01-F21, One COMMISSION White Flint North, 11555 Rockville The NRC received an application, by Pike, Rockville, Maryland 20852.

letter dated April 23, 2007, from Entergy [Docket Nos. 50-335 and 50-389; NAC Nuclear Operations, Inc. (Entergy). to 2011-0302] I. Introduction renew the operating licenses for IP2 and License Amendment To Increase the The NRC is considering issuance of an IP3 for an additional 20 years. In Maximum Reactor Power Level, Florida amendment for Renewed Facility support of the application and in Power & Light Company, St. Lucie, Operating License Nos. DPR-67 and accordance with Title 10 of the Code of Units 1 and 2 NPF-16, issued to Florida Power &

Federal Regulations (10 CFR) Parts 51 Light Company (FPL or the licensee) for and 54, Entergy also submitted an AGENCY: Nuclear Regulatory operation of St. Lucie, located in St.

environmental report for IP2 and IP3. In Commission. Lucie County, Florida, in accordance December 2010, the NRC staff issued its ACTION: Environmental assessment and with Title 10 of the Code ofFederal final plant-specific Supplement 38 to finding of no significant impact. Regulations (10 CFR) 50.90. The NRC NUREG-1437, "Generic Environmental performed an EA and based on its

SUMMARY

The U.S. Nuclear Regulatory results, the NRC is issuing a FONS!.

Impact Statement for License Renewal Commission (NRC or the Commission) The proposed license amendment of Nuclear Plants (GElS)" (final SElS), is considering issuance of an would increase the maximum thermal regarding the renewal of operating amendment for Renewed Facility power level from 2,700 megawatts licenses DPR-26 and DPR-64 for an Operating License Nos. DPR-67 and thermal (MWt) to 3,020 MWt for each additional 20 years of operation for IP2 NPF-16, issued to Florida Power & unit. The proposed power increase is and IP3. Light Company (FPL or the licensee) for 11.85 percent over the current licensed Pursuant to 10 CFR 51.92(a)(2), if a operation of the St. Lucie Plant, Units 1 thermal power. In 1981, FPL received proposed action has not been taken, the and 2 (St. Lucie), located in S1. Lucie approval from the NRC to increase its County, Florida. The proposed license power by 5.47 percent to the current NRC is to prepare a supplement to a amendment would increase the power level of 2,700 MWt.

final environmental impact statement maximum thermal power level from (EIS) for which a notice of availability The NRC did not identify any 2,700 megawatts thermal (MWt) to 3,020 significant environmental impacts has been published in the Federal MWt for each unit. The proposed power associated with the proposed action Register as provided in § 51.118, if there increase is 11.85 percent over the based on its evaluation of the are new and significant circumstances current licensed thermal power. The information provided in the licensee's or information relevant to NRC performed an environmental application and other available environmental concerns and bearing on assessment (EA) and based on its information. For further information the proposed action or its impacts. In results, the NRC is issuing a finding of with respect to the proposed action, see addition, pursuant to 10 CFR 51.92(c), no significant impact (FONSI). the licensee's applications dated the NRC staff may prepare a supplement ADDRESSES: Please refer to Docket ID November 22,2010, and February 25, to a final EIS when, in the opinion, NRC-2011-0302 when contacting the 2011 (ADAMS Accession Nos.

preparation of a supplement will further NRC about the availability of MLl03560419 and ML110730116, the purpose of the National information regarding this document. respectively), as supplemented by letter Environmental Policy Act of 1969 You may access information related to dated May 2, 2012 (ADAMS Accession (NEPA). this document, which the NRC No. ML12124A224).

possesses and is publicly available, The NRC published a notice in the Subsequent to the issuance of the Federal Register requesting public final SElS, the NRC staff identified using any of the following methods:

certain new information regarding

• Federal Rulemaking Web site: Go to review and comment on a draft EA and http://www.regulations.gov and search FONSI for the proposed action on aquatic impacts that necessitated for Docket ID NRC-2011-D302. Address January 6,2012 (77 FR 813), and changes to the staffs findings in the questions about NRC dockets to Carol established February 6, 2012, as the final SEIS. Therefore, the NRC staff has Gallagher; telephone: 301-492-3668; deadline for submitting public prepared a draft supplement to email: Carol.Gallagher@nrc.gov. comments. By letters dated January 30, Supplement 38 to the Generic * ,IIRC's Agencywide Documents 2012, and January 6, 2012 (ADAMS Environmental Impact Statement for Access and Management System Accession Nos. ML12037A063 and License Renewal of Nuclear Plants. (ADAMS): You may access publicly MLl2044A127, respectively), the NRC Dated at Rockville, Maryland, this 26th day available documents online in the NRC received comments from FPL and of June 2012. Library at http://www.nrc.gov/reading Mr. Edward W. Johnson, respectively.

For the Nuclear Regulatory Commission. rmladams.html. To begin the search, The FPL comments provided new select "ADAMS Public Documents" and estimates on the number of additional David T, Wrona, workers needed to support the outage then select "Begin Web-based ADAMS Chief, Projects Branch 2, Division ofLicense Search." For problems with ADAMS, work implementing the proposed Renewal, Office of Nuclear Reactor please contact the NRC's Public Extended Power Uprate (EPU) and Regulation. Document Room (PDR) reference staff at revised the projected outage times

[FR Doc. 2012-16548 Filed 7-5-12; 8;45 ami 1-800-397-4209,301-415-4737,orby necessary to implement the EPU. The BILLING CODe 7590-01-1> email to pdr.resource@nrc.gov. The FPL comments have been incorporated ADAMS accession number for each in this final EA with no change to the document referenced in this notice (if FONSI conclusion. The comments from that document is available in ADAMS) Mr. Johnson have been addressed in this is provided the first time that a final EA with no change to the FONSI document is referenced. conclusion. The comments are

• NRC's PDR: You may examine and summarized in the attachment to this purchase copies of public documents at document, "Summary of Comments on

Federal Register/Vol. 77, No. l30/Friday, July 6, 20l2/Notices 40093 the Draft Environmental Assessment (61,070 liters per second (LIs)). The fall 2012 outage, which will be longer and Draft Finding of No Significant auxiliary cooling water systems are also than a routine 35-day outage at Impact." once-through cooling systems but use approximately 113 days. Unit 1 also much less water (up to 58,000 gpm requires a short "mid-cycle" outage of II. Environmental Assessment (3,660 LIs)) than the Circulating-water 10-days in the summer of 2012 to Plant Site and Environs systems. Marine life that passes through implement final EPU modifications. The The S1. Lucie site is located on the screens becomes entrained in the actual power uprate, if approved by the approximately 1,130 acres (457 water that passes through the plant and NRC, constitutes a 10 percent power hectares) in Sections 16 and 17, is subject to thermal and mechanical uprate from major equipment Township 36 South, Range 41 East on stresses. The plant is also equipped with installations and upgrades and Hutchinson Island in unincorporated St. an emergency cooling water intake canal on the west side that can withdraw operating changes and an additional 1.7 Lucie County, Florida. 81. Lucie is percent power uprate from upgrades bordered by the Atlantic Ocean to the Indian River Lagoon water through Big Mud Creek, but this pathway is closed that decrease certain measurement east and the Indian River Lagoon, a uncertainties. As part of the proposed tidally influenced estuary, to the west. during normal plant operation.

The heated water from the cooling EPU project, FPL would release heated The plant is located on Hutchinson water systems flows to a discharge canal water with a proposed temperature Island between Big Mud Creek to the increase of 3 OF (1.7 °C) above the and then through two offshore discharge north and Indian River to the south on pipes beneath the beach and dune current discharge temperature through an area previously degraded through system back to the Atlantic Ocean. One the discharge structures into the flooding, drainage, and channelization 12-foot (ft) (3.6 meter (m))-diameter Atlantic Ocean.

for mosquito control projects. The discharge pipe extends approximately nearest city limits from the plant site on Approximately 800 people are 1,500 ft (457 m) offshore and terminates currently employed at 8t. Lucie on a the Atlantic coast are Port 8t. Lucie, in a two-port "Y" diffuser. A second 16 approximately 2.5 miles (mil (4 full-time basis. For the recently ft (4.9 m)-diameter discharge pipe kilometers (km)) southwest, and Fort extends about 3,400 ft (1,040 m) from completed Unit 1 outage, this workforce Pierce, approximately 4 mi (6.4 km) the shoreline and terminates with a was augmented by an additional 750 northwest of the plant. 8t. Lucie has two multiport diffuser. This second pipe has EPU workers on average, with a peak of pressurized water reactors (Units 1 and fifty-eight 16-in (41 cmJ-diameter ports 1,703 workers. For the mid-cycle Unit 1 2), each designed by Combustion spaced 24 ft (7.3 m) apart along the last outage, FPL estimates no additional Engineering for a net electrical power 1,400 ft (430 m) of pipe farthest staff. For the upcoming Unit 2 outage, output of 839 megawatts electric. 8t. offshore. The discharge of heated water FPL estimates an average of 1,058 Lucie Unil 1 is fully owned by FPL, through the diffusers on the discharge workers, with a peak of 1,439 workers.

which has operated it since March 1, pipes ensures distribution over a wide The increase of workers would be larger 1976. The licensee also solely operates area and rapid and efficient mixing with than the number of workers required for 8t. Lucie Unit 2, which began ocean water. a routine outage; however, the peak operations on April 6, 1983, and is co construction workforce would be owned by FPL, Orlando Utilities Background Information on the Proposed Action smaller than the FPL-reported peak Commission, and Florida Municipal workforce for previous outages Power Agency. By application dated November 22, involving replacement of major St. Lucie withdraws cooling water 2010 (Unit 1), and February 25, 2011 from the Atlantic Ocean through three components.

(Unit 2), the FPL requested an offshore cooling water intakes with amendment for an EPU for St. Lucie to The Need for the Proposed Action velocity caps. The ocean water is drawn increase the licensed thermal power through buried pipes into the plant's L level from 2,700 MWt to 3,020 MWt for The licensee states in its shaped intake canal to the eight intake each unit, which represents an increase environmental report that the proposed pumps that circulate the non-contact of 11.85 percent above the current action is intended to provide an cooling water through the plant. Two licensed thermal power. This change additional supply of electric generation mesh barrier nets, one net of 5-inch (in) requires NRC approval prior to the in the State of Florida without the need (12.7 centimeter (cm)) mesh size and the licensee operating at that higher power to site and construct new facilities, or to other of 8-in (20.3 em) mesh size, and level. The proposed action is considered impose new sources of air or water one rigid barrier located sequentially in an EPU by the NRC because it exceeds discharges to the environment. The the intake canal reduce the potential the typical 7-percent power increase licensee has determined that increasing loss of large marine organisms, mostly that can be accommodated with only the electrical output of S1. Lucie Units sea turtles. Water passes through a trash minor plant changes. An EPU typically 1 and 2 is the most cost effective option rack made of 3-in (7.6 cm) spaced involves extensive modifications to the to meet the demand for electrical energy vertical bars and a %-in (1 cm) mesh nuclear steam supply system contained while enhancing fuel diversity and size traveling screen, against which within the plant buildings. minimizing environmental impacts, marine organisms that have passed The licensee plans to make the including the avoidance of greenhouse through the nets are impinged, and into extensive physical modifications to the gas emissions.

eight separate intake wells (four per plant's secondary side (Le., non-nuclear) unit) where it is pumped to a steam supply system that are needed in As stated in FPL's application, the circulating-water system and an order to implement the proposed EPU. proposed action is to provide the auxiliary cooling water system at each The modifications were scheduled to be licensee with the flexibility to increase unit. The majority ofthe water goes to implemented for Unit 1 and Unit 2 over the potential electrical output of St.

a once-through circulating-water system the course of four refueling outages. Lucie. The proposed EPU will increase to cool the main plant condensers. The Three of the four outages have been the output for each unit by about 320 system has a nominal total capacity of completed, with Unit 2 modifications MWt, from about 2,700 MWt to about 968,000 gallons per minute (gpm) scheduled to be implemented during the 3,020 MWt.

40094 Federal Register/Vol. 77, No. l30/Friday, July 6, 20l2/Notices Environmental Impacts of the Proposed existing overhead electrical any ground-disturbing activities to Action transmission line ROW. The vehicle evaluate potential impacts to threatened As part of the original licensing would transport personnel and a spool or endangered species and any process for st. Lucie, the U.S. Atomic of overhead wire as a helicopter holds ecological and cultural resources.

Energy Commission published a Final and moves the wire into place for the Permits were not required or obtained Environmental Statement (FES) in 1973 stringing activities. Although the for this work and best management for Unit 1, and the NRC published a FES modifications are part of the proposed practices were employed to reduce in 1982 for Unit 2 (NUREG-0842). The EPU, this type and extent of activity fugitive emissions. Other than the two FESs contain an evaluation of the along the ROW is included in existing ground-disturbing activities described potential environmental impacts maintenance permits and licenses. above, no new construction would associated with the operation of St. The following sections describe the occur outside of existing plant areas, Lucie over their licensed lifetimes. In potential nonradiological and and no expansion of buildings, roads, May 2003, the NRC published an radiological impacts to the environment parking lots, equipment lay-down areas, environmental impact statement (EIS) that could result from the proposed or storage areas are required to support for St. Lucie (ADAMS Accession No. EPU. the proposed EPU. Existing parking lots, ML031360705). The 2003 EIS evaluated road access, equipment lay-down areas, Nonradiological Impacts offices, workshops, warehouses, and the environmental impacts of operating St. Lucie for an additional 20 years Land Use and Aesthetic Impacts restrooms would be used during plant beyond its then-current operating Potential land use and aesthetic modifications. Because land use license, extending the operation life of impacts from the proposed EPU include conditions would not change, and Unit 1 until 2036 and Unit 2 until 2043. impacts from proposed plant because any land disturbance has and modifications at St. Lucie. While FPL would occur within previously The NRC determined that the overall proposes some plant modifications, disturbed areas, there would be no environmental impacts of license significant impact from EPU-related renewal were small. This NRC most plant changes related to the plant modifications on land use and evaluation is presented in NUREG proposed EPU would occur within aesthetic resources in the vicinity of St.

1437, "Generic Environmental Impact existing structures, with the exception of modifications along the electrical Lucie.

Statement for License Renewal of Nuclear Plants, Supplement 11, transmission line ROW. As described in Air Quality Impacts Regarding St. Lucie Units 1 and 2" the licensee's application, the proposed Because of its coastal location, (Supplemental Environmental Impact electrical transmission line meteorological conditions conducive to Statement (SEISJ-11J. The NRC used modifications would include the high air pollution are infrequent at St.

information from FPL's license addition of subconductor spacers, an Lucie. The plant is located within the amendment request for the EPU, FPL's overhead wire, and replacement of relay South Florida Intrastate Air Quality response to requests for additional protection electronics. The overhead Control Region. In addition, the Central information (ADAMS Accession No. wire would function as a ground for Florida Intrastate Air Quality Control ML12132A067), consultation with relay protection of the transmission Region and the Southwest Florida National Marine Fisheries Service, the lines. The licensee would install these Intrastate Air Quality Control Region are FESs, and SEIS-11 to perform the EA transmission line modifications via within 50 mi (80.5 km) of St. Lucie.

for the proposed EPU. helicopter. The only land use activity These regions are designated as being in The licensee's application states that FPL expects to occur on the ground attainment or unclassifiable for all it would implement the proposed EPU along the ROW would be the periodic criteria pollutants in the U.S.

without extensive changes to buildings need to park a truck or trailer containing Environmental Protection Agency's or to other plant areas outside of a spool of wire that would be strung but (EPA) regulations at 40 CFR 81.310.

buildings. The licensee proposes to would not extend outside of the existing Diesel generators, boilers, and other perform all necessary physical plant ROW area. The NRC expects the activities and facilities associated with modifications in existing buildings at St. electrical transmission line St. Lucie emit pollutants. The Florida Lucie or along the existing electrical modifications to cause little or no Department of Environmental Protection transmission line right of way (ROW). observable change in the appearance of (FDEP) regulates emissions from these With the exception of the high-pressure the transmission lines. Maintenance of sources under Air Permit 1110071-006 turbine rotor replacement, the required the electrical transmission line ROW AF. The FDEP reported no violations at plant modifications would be generally (tree trimming. mowing, and herbicide St. Lucie in the last 5 years. The NRC small in scope. Other plant application) would continue after EPU expects no changes to the emissions modifications would include installing implementation. The NRC does not from these sources as a result of the a new digital turbine control system and expect land use or aesthetic changes for EPU.

associated control room; providing the proposed EPU along the During EPU implementation, some additional cooling for some plant transmission line ROW. minor and short duration air quality systems; modifying feedwater and During the EPU related refueling impacts would occur from other non condensate systems; accommodating outages, FPL added two additional regulated sources. Vehicles of the greater steam and condensate flow rates; overflow parking areas (Area 1 and Area additional outage workers needed for adjusting the current onsite power 2), safe walk pathways, additional EPU implementation would generate the system to compensate for increases in lighting, and signage. The parking lot majority of air emissions during the electrical loading; and upgrading located in Area 1 was a previously proposed EPU-related modifications.

instrumentation to include minor items vacant area that was prepared by Based on a traffic study FPL conducted such as replacing parts, changing grading. The parking lot located in Area for the EPU project, an additional 917 setpoints, and modifying software. 2 required some minor grubbing and construction vehicles are estimated The licensee would use a vehicle and grading. Both parking lots are located on during an EPU-related outage period, helicopter for transmission line previously disturbed areas, and FPL with a peak increase of 1,333. The modifications proposed along the performed surveys of the areas prior to licensee has completed three of four

Federal Register/Vol. 77, No. 130/Friday, July 6, 2012/Notices 40095 planned outages, with the fourth outage groundwater resources during proposed Lucie's Site Certification, demonstrating planned for the fall of 2012. The outage EPU construction activities or following the proposed EPU's consistency with duration is expected to be longer than EPU implementation. Section 307 of the Coastal Zone a routine 35-day outage, at 113 days. Surface Water Management Act (ADAMS Accession Based on the traffic study conducted by No. ML12144A316).

FPL, air emissions from the EPU The NRC evaluated the potential Because the NRC expects chemical workforce, truck deliveries, and effects of releasing heated water with a and thermal discharges to remain within construction/modification activities proposed temperature increase of 3 OF the limits specified in St. Lucie's would not exceed the FDEP annual (1.7 °C) above the current discharge modified permits, and because the emissions limit of 5 tons per year, temperature through the discharge pipes FDCA determined that the proposed recognized in Rule 62-210.300(3)(b) of into the Atlantic Ocean as part of the EPU is consistent with Section 307 of the Florida Administrative Code, and proposed EPU. The FDEP regulates the the Coastal Zone Management Act, there would therefore not be significant. In Florida Surface Water Quality Standards would be no significant impact to addition, FPL would perform the through an IWFP, which also establishes surface water resources following majority of the EPU work inside existing the maximum area subject to implementation of the proposed EPU.

buildings, which would not result in temperature increase (mixing zone),

Aquatic Resource Impacts changes to outside air quality. The NRC maximum discharge temperatures, and expects no significant impacts to chemical monitoring requirements. The potential impacts to aquatic regional air quality from the proposed The plant injects chlorine in the form resources from the proposed action EPU beyond those air impacts evaluated of sodium hypochlorate into seawater could include impingement of aquatic for SEIS-ll, including potential minor upstream of the intake cooling water life on barrier nets, trash racks, and and temporary impacts from worker system in regulated quantities to control traveling screens; entrainment of aquatic activity. microorganisms. Because FDEP life through the cooling water intake regulates discharges and requires structures and into the cooling water Water Use Impacts chemical monitoring, the NRC expects systems; and effects from the discharge Groundwater that the authorized discharges will not of chemicals and heated water.

exceed the IWFP limitations after EPU Because the proposed EPU will not The licensee has approval from the implementation. result in an increase in the amount or City of Fort Pierce and the Fort Pierce The FDEP has issued the plant a velocity of water being withdrawn from Utilities Authority to use freshwater for permit modification to the IWFP for a or discharged to the Atlantic Ocean, the potable and sanitary purposes. Although 2 OF (1.1 0C) temperature increase ofthe NRC expects no increase in aquatic this freshwater comes from groundwater heated water discharge temperature impacts from impingement and sources pumped from the mainland, St. limit-from 113 OF (45°C) before the entrainment beyond the current impact Lucie does not use groundwater in any EPU to the proposed thermal discharge levels. Currently, all organisms of its cooling systems and has no plans limit of 115 OF (46.1 eC)_to impinged on the trash racks and for groundwater use as part of plant accommodate the 3 OF (1.7 DC) actual traveling screens would be killed, as operations in the future. The plant discharge temperature increase. The would most, if not all, entrained currently uses approximately 309,565 FDEP granted this permit modification organisms. The licensee would continue gallons (gal) (1,171,831 liters (L)) of with the condition that FPL performs to rescue and release sea turtles and freshwater per day (or approximately biological and thermal monitoring other endangered species trapped by the 154,800 gal (585,982 L) per unit per day) studies to demonstrate continued barrier nets in the intake canal. In and uses seawater from the Atlantic compliance with the Florida Surface addition, FPL's IWFP permit requires Ocean for noncontact cooling water. No Water Quality Standards, Thermal FPL to monitor aquatic organism production wells are present on the Surface Water Criteria. The proposed entrapment in the intake canal, and, if plant site for either domestic-type water EPU will not result in an increase in the unusually large numbers of organisms uses or industrial use. The licensee does amount or rate of water withdrawn from are entrapped, to submit to the FDEP a not discharge to groundwater at the or discharged to the Atlantic Ocean. The plan to mitigate such entrapment.

plant site or on the mainland, and the licensee conducted a thermal discharge The predicted 3 OF (1.7 ec) plant's individual wastewater facility study for the proposed EPU-related temperature increase from the diffusers permit (IWFP) does not apply to increase in discharge water temperature and resulting increased size of the groundwater. (ADAMS Accession No. ML100830443) mixing zone would increase thermal Under the EPU, FPL does not expect that predicts an increase in the extent of exposure to aquatic biota at St. Lucie in to Significantly change the amount of the thermal plume (mixing zone). The the vicinity of the discharge locations.

freshwater use or supply source. With ambient water affected by the absolute The thermal discharge study conducted an expected increase of 1,000 to 1,700 temperature increase beyond the for the proposed EPU predicts no workers supporting EPU construction existing mixing zone would be less than increase in temperature higher than activities, the NRC expects potable 25 ft (7.6 m) vertically or horizontally 96 OF (35.5 DC) within 6 ft (1.8 m) ofthe water use to increase during the outage for the two-port "Y" diffuser and less bottom of the ocean floor and within and return back to the regular operating than 6 ft (1.8 m) in any direction for the 24 ft (7.3 m) from the ocean surface as levels after EPU implementation. It is multiport diffuser. a result of heated water discharged from unlikely this potential temporary The FDEP has the authority to review the multi port diffuser. The same study increase in groundwater use during the all Federal licenses for coastal zone also predicts that heated water EPU construction activities would have consistency with the FCMP. In 2007, discharged from the "Y" diffuser would any effect on other local and regional FPL included a request for FDEP to not increase the ocean water groundwater users. The licensee has no review St. Lucie's coastal zone temperature higher than 96 F (35.5 DC) 0 use restrictions on the amount of water consistency as part of their Site within 2 ft (0.6 m) of the bottom of the supplied by the City of Fort Pierce and Certification Application for the EPU ocean floor and within 25 ft (17 m) from the Fort Pierce Utilities Authority. The (ADAMS Accession No. ML12144A316). the ocean surface. Based on this NRC expects no significant impact on The FDEP subsequently issued st. analysis, surface water temperature

40096 Federal Register/Vol. 77, No. 130/Friday, July 6, 2012/Notices would remain below 94 of (34.4 0C). environmental impacts to acceptable undertaken by the agency that may Thermal studies conducted for St. Lucie levels. If the NRC approves the adversely affect any EFH. On March 20, prior to its operation and summarized in proposed EPU, the NRC does not expect 2012, an EFH assessment for the SEIS-ll predicted there would be aquatic resource impacts significantly proposed EPU was sent to the National minimal impacts to aquatic biota from greater than current operations because Marine Fisheries Service (NMFS) under diffuser discharges that result in a State agencies will continue to assess separate cover to initiate an EFH surface temperature less than 97 OF study results and the effectiveness of consultation (ADAMS Accession No.

(36.1 ec). Because the NRC expects the current FPL environmental controls. ML12053A345). The submitted EFH surface water temperature not to exceed The FDEP could impose additional assessment found no adverse effects to 94 OF (34.4 ec) as a result of the limits and controls on FPL if the EFH for two of the species of concern proposed EPU, the NRC concludes that impacts are larger than expected. (Polyprion american us and Litopenaeus there are no significant impacts to Therefore. the NRC has determined that setiferus) and minimal adverse effects aquatic biota from the proposed EPU. if FDCA and FDEP review the study for the remaining 40 species. The NMFS results and allow FPL to operate at the responded to the NRC's EFH assessment Although the proposed increase in proposed EPU power level, the increase temperature after EPU implementation on May 18, 2012 (ADAMS Accession in thermal discharge will not result in No. ML12144A008). In its letter, NMFS would continue to exceed the Thermal significant impacts on aquatic resources Surface Water Quality Criteria for open concluded that the proposed EPU would beyond the current impacts that occur not have a substantial adverse impact on waters as contained in the Florida during plant operations.

Surface Water Quality Standards EFH. This letter fulfilled the NRC's EFH established by FDEP, St. Lucie currently Essential Fish Habitat Consultation consultation requirements for the operates under a separate mixing zone The Magnuson-Stevens Fishery proposed EPU under the MSA. Based on variance authorized by the FDEP. The Conservation and Management Act its assessment and NMFS's conclusions, NRC expects FPL to continue to meet its (MSA) identifies the importance of the NRC concludes that the proposed limits under the mixing zone variance habitat protection to healthy fisheries. EPU would not have substantial adverse after EPU implementation. The licensee Essential Fish Habitat (EFH) is defined impact on EFH.

will also continue to assess any as those waters and substrata necessary The following table identifies the potential impacts by performing the for spawning, breeding, feeding, or species that the NRC considered in its biological and thermal studies required growth to maturity (Magnuson-Stevens EFH assessment. The NMFS noted in its by the IWFP modification mentioned Act, 16 U.S.C. 1801 et seq.). Designating response that four additional species above. If the study results are EFH is an essential component in the Spanish mackerel [Scomberomorus insufficient to adequately evaluate development of Fishery Management maculatus), cobia (Rachycentron environmental changes, or if the data Plans to minimize habitat loss or canadum), king mackerel indicates a significant degradation to degradation of fishery stocks and to take (Scomberomorus cavalla), and spiny aquatic resources by exceeding Florida actions to mitigate such damage. Section lobster (Panulirus argusl-should have Surface Water Quality Standards or is 305(b) of the MSA provides that Federal been included in the NRC's EFH inconsistent with the FCMP, FDEP agencies shall consult with the assessment. However, NMFS also noted could enforce additional abatement or Secretary of Commerce on all actions or that this omission does not change the mitigation measures to reduce the proposed actions authorized, funded, or overall evaluation.

SPECIES OF FISH ANALYZED IN THE EFH ASSESSMENT Coral Highly Migratory Coastal Pelagics Tuna ... ............... ............. ..................... .......... ...... ........ Katsuwonus pelamis ........... ............ .................... ....... Atlantic skipjack tuna.

Swordfish .. ............... ........... ........ ............ ...... .............. Xiphias gladius .. ..................... .......... ........ .... .............. swordfish.

Billfish .......... ......... .......... .......... .... ........... ................... Tetrapturus pfluegeri ...... ............ ............... ................. longbill spearfish.

Istiophorus platypterus ..................... ................. ......... sailfish.

Large Coastal Sharks ......... ........................................ Carcharhinus limbatus ........... ........... .......................... blacktip shark.

Carcharhinus leucas ....... ................ .............. ........ ...... bull shark.

Carcharhinus perezi ......... .................... ...................... Caribbean reef shark.

Carcharhinus obscures ....... ..... ......................... ......... dusky shark.

Sphyma mokarran ....... ........... .................................... great hammerhead shark.

Negaprion brevirostris ...................... ..................... ..... lemon shark.

Ginglym05toma cirratum .................... ....... ................. nurse shark.

Carcharhinus plumbeus ............ ................................. sandbar shark.

Sphyma lewini .. ......... ...................... ........................... scalloped hammerhead shark.

Carcharhinus falciformis .................. .......... ................. silky shark.

Carcharhinus brevipinna ............ ................ ................ spinner shark.

Galeocerdo cuvier ................................ ...................... tiger shark.

Carchardon carcharias ................................ ............... white shark.

Small Coastal Sharks ....................................... .......... Rhizoprionodon terraenovae ...... ................ ................ Atlantic sharpnose shark.

Carcharhinus acronotus ....................... ............ ...... .... blacknose shark.

Sphyma tiburo ............................................................ bonnethead shark.

Federal Register /Vol. 77, No. 130/Friday, July 6, 2012/Notices 40097 SPECIES OF FISH ANALYZED IN THE EFH ASSESSMENT-Continued Shrimp Farfantepenaeus aztecus .... ........... ..................... ....... brown shrimp.

Farfantepenaeus duorarum .... .................. ............. ..... pink shrimp.

Sicyonia brevirostris .... ., ............................................. i rock shrimp.

Litopenaeus setiferus ................................................. ' white shrimp.

Snapper-Grouper Lutjanus buccanella .................................................... blackfin snapper.

Caulolatifus microps ................. ........... ....................... blueline tilefish.

Epinephelus itajara ....... ........... .......... .................... ..... goliath grouper.

Lutjanus griseus ......................................................... gray (mangrove) snapper.

Seriola dumerili ......... ................... .................. ...... ....... greater amberjack.

Lutjanus analis . ........... .................... ............. ....... ....... mutton snapper.

Pagrus pagrus ............................................................ red porgy.

Lutjanus campechanus ............ ........... ..... ....... ........ ... red snapper.

Mycteroperca phenax .......................... .............. ......... scamp.

Lutjanus vivanus .... .............. ................... .................... silk snapper.

Epinephelus niveatus ................. ................ ................ snowy grouper.

Epinephelus drummondhayi ....................................... speckled hind.

Rhomboplites aurorubens ..... ............. ..... ......... ..... ..... vermilion snapper.

I Epinephelus nigrltus .................. ............... ............... ... Warsaw grouper.

, HaemuJon plumier ...... ................. ........ .............. ......... white grunt.

Polypnoo amencanus ............ ................. ......... ........... wreckfish.

Epinephelus flavolimbatus ....... ................ ............ ....... yellowedge grouper.

Terrestrial Resources Impacts FPL proposes a similar type and extent (FWS) or the National Marine Fisheries St. Lucie is situated on a relatively of land disturbance during typical Service (NMFS) (as appropriate), must flat, sheltered area of Hutchinson Island maintenance of tbe electrical ensure that actions the agency with red mangrove swamps on the transmission line ROW for the EPU authorizes, funds, or carries out are not western side ofthe island that gradually modifications, the NRC expects the likely to jeopardize the continued slope downward to a mangrove fringe proposed transmission line existence of any listed species or result bordering the intertidal shoreline ofthe modifications would not result in any in the destruction or adverse Indian River Lagoon. East of the facility, significant changes to land use or modification of critical habitat.

land rises from the ocean shore to form increase habitat loss or disturbance, sediment transport, or erosion beyond List of Species dunes and ridges approximately 15 ft (4.5 m) above mean low water. Tropical typical maintenance impacts. Noise and A number of species in St. Lucie hammock areas are present north of the lighting would not adversely affect County are listed as threatened or discharge canal, and additional red terrestrial species beyond effects endangered under the ESA, and other mangrove swamps are present north of experienced during previous outages species are designated as meriting Big Mud Creek. Habitat in the electrical because EPU-related construction special protection or consideration.

transmission line ROW is a mixture of modification activities would take place These include birds, fish, aquatic and human-altered areas, sand pine scrub, during outage periods, which are terrestrial mammals, flowering plants, prairie/pine flatwoods, wet prairie, and typically periods of heightened activity. insects, and reptiles that could occur on isolated marshes. Also, as previously discussed, prior to or near St. Lucie Units 1 and 2 facility Impacts that could potentially affect the grading or grubbing conducted for areas and possibly along the electrical terrestrial resources include disturbance the two additional EPU-related parking transmission line ROW. The most or loss of habitat, construction and EPU areas, FPL performed a survey of the common occurrences of threatened or related noise and lighting, and sediment areas in accordance with FPL's endangered species near S1. Lucie are transport or erosion. The licensee plans conditions of site certification under the five species of sea turtles that nest on to conduct electrical transmission line FDEP and followed best management Hutchinson Island beaches: Loggerhead modifications that would require a practices to ensure that any ecological turtles (Caretta caretta), Atlantic green periodic need to park a truck or trailer and terrestrial resources were protected.

turtles (Chelonia mydas), Kemp's Ridley containing a spool of wire. The NRC For all of these reasons, the NRC expects no significant impacts on terrestrial turtles (Lepidochelys kempii),

found in SEIS-ll that no bird mortalities were reported up to that time resources associated with the proposed Leatherback turtles (Dermochelys associated with the electrical action. coriacea), and Hawksbill turtles transmission lines and predicted that (Eretmochelys imhricata).

FPL maintenance practices along the Threatened and Endangered Species The following table identifies the ROW would likely have little or no Under Section 7 of the Endangered species that the NRC considered in this detrimental impact on the species Species Act of 1973, as amended (ESA) , EA that it had not previously assessed potentially present in or near the Federal agencies, in consultation with in SEIS-11 for license renewal because electrical transmission ROW. Because the U.S. Fish and Wildlife Service the species were not listed at that time.

40098 Federal Register/Vol. 77, No. 130/Friday, July 6, 2012/Notices TABLE OF FEDERALLY LISTED SPECIES OCCURRING IN ST. LUCIE COUNTY NOT PREVIOUSLY ASSESSED IN SEIS-11 Birds g~!~:~r:n:::~~~~ ~~:~.. . : : : : : : : : : : : : : : : : : : : : : : : : : : : : ~~gin~~I~~~~":::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

Dendroica kirtlandii ....... ....................................... ...... .......... ...... Kirtland's warbler .................... ........ ....... ................. ..................

i ~.andidate.

E.

Grus americana .............. "', ...................................................... , , whooping Crane b ..................................................................... EXPN, XN.

Fish Mammals Reptiles

=

aE endangered; T threatened; T/SA threatened due to similarity of appearance; EXPN, XN experimental, nonessential. =

b Experimental, nonessential populations of endangered species (e.g" red wolf) are treated as threatened species on public land, for consulta tion purposes, and as species proposed for listing on private land.

cThe gopher tortoise is not listed by the FWS as occurring in SI. Lucie County, The core of the species' current distribution in the eastem por tion of its range occurs in central and north Florida (76 FR 45130), and FPL has reported the species' occurrence on the site and in the electrical transmission line ROWs.

Source: U,S. Fish and Wildlife Service, Impacts on Aquatic Species regarding potential impacts to listed mitigation measures to reduce the aquatic species that would occur as a environmental impacts to acceptable The licensee has a mitigation and result of the proposed EPU. The NRC levels.

monitoring program in place for the stated that the proposed EPU would Therefore, the NRC expects the capture-release and protection of sea increase the temperature of discharged proposed EPU would not have any turtles that enter the intake canaL The water and the temperature of ocean significant impact on threatened and NRC has consulted with NMFS since water within the thermal plume endangered aquatic species.

1982 regarding sea turtle kills, captures, surrounding the discharge point.

or incidental takes. A 2001 NMFS Impacts on Terrestrial Species However, the increase in the biological opinion analyzed the effects temperature would be relatively small, Planned construction-related of the circulating cooling water system and the multiport diffusers on the activities associated with the proposed on certain sea turtles at St. Lucie. The discharge pipes would continue to EPU primarily involve changes to 2001 NMFS biological opinion provides rapidly dilute heated water and limit existing structures, systems, and for limited incidental takes of high temperatures to the mixing zone components internal to existing threatened or endangered sea turtles. area specified in the IWFP. The NRC buildings and would not involve earth Correspondence between FPL, FWS, also analyzed the impacts of the higher disturbance, with the exception of and NMFS in connection with the 2003 temperatures on the smalltooth sawfish planned electrical transmission line license renewal environmental review and various sea turtle species. The NRC modifications. As described in the indicated that effects to endangered, concluded that because the smalltooth "Terrestrial Resource Impacts" section, threatened, or candidate species, sawfish has a high thermal tolerance electrical transmission line including a variety of sea turtles and and sea turtles are able to tolerate a modifications may require truck use manatees, would not significantly wide range of water temperatures, these within the transmission line ROW. The change as a result of issuing a license species are unlikely to be adversely NRC concluded in SEIS-ll that renewal for St. Lucie. The NRC affected by higher water temperatures transmission line maintenance practices reinitiated formal consultation with within the thermal plume at the St. would not lower terrestrial habitat NMFS in 2005 after the incidental take Lucie discharge under EPU conditions. quality or cause significant changes in of a small tooth sawfish (Pristis The NRC expects a response from NMFS wildlife populations. Because the pectinataj. The NRC added sea turtles to in response to this ongoing consultation. proposed EPU operations would not the reinitiation of formal consultation Should NMFS determine mitigation result in any significant changes to the with NMFS in 2006 after St. Lucie measures necessary as part of the expected transmission maintenance exceeded the annual incidental take ongoing consultation, the NRC could activities evaluated for license renewal, limit for sea turtles. The NRC provided enforce those measures. Furthermore, as the proposed EPU transmission NMFS with a biological assessment in described in the "Aquatic Resource modifications also should have no 2007 (ADAMS Accession No. Impacts" section, if the data collected adverse effect on threatened and ML071700161) as an update regarding from FPL's thermal monitoring studies endangered terrestrial species. In effects on certain sea turtle species up indicates a significant degradation to addition, the transmission modifications to that time. aquatic resources by exceeding Florida should have no adverse effect on the By letter dated April 22, 2011, as part Surface Water Quality Standards or is additional species not previously of this ongoing consultation, the NRC inconsistent with the FCMP, FDEP assessed in SEIS-11 listed in the above provided NMFS with information could enforce additional abatement or table.

Federal RegisterlVol. 77, No. 130/Friday, July 6, 2012 I Notices 40099 Traffic and worker activity in the Blind Creek and the northern end of the rental homes. apartments, mobile developed parts of the plant site during St. Lucie boundary. As previously homes. and camper-trailers. The 2010 the combined refueling outages and EPU discussed, all EPU-related modifications American Community Survey 1-year modifications would be somewhat would take place within existing estimate for vacant housing units greater than a normal refueling outage. buildings and facilities and the reported 32,056 vacant housing units in The NRC concluded in SEIS-11 that the electrical transmission line ROW, which St. Lucie County; 18,042 in Martin continued operation of St. Lucie was not are not located near Blind Creek or the County; 23,236 in Indian River County; likely to adversely affect terrestrial northern FPL property boundary. As and 147,910 in Palm Beach County that wildlife. This conclusion was supported discussed in the Land Use Impacts could potentially ease the demand for by consultation with FWS. Despite section, prior to any grading or grubbing local rental housing. Therefore, the NRC potential minor and temporary impacts conducted on previously disturbed expects a temporary increase in plant from EPU-related worker activity, the areas for the two additional EPU-related employment for a short duration that effects from the proposed EPU should parking areas, FPL performed a survey would have little or no noticeable effect not exceed those potential effects of the areas in accordance with the Site on the availability of housing in the evaluated in SEIS-11 and there should Conditions of Certification and followed region.

be no adverse effect on threatened or best management practices to ensure The additional number of refueling endangered species. In addition, the that any cultural resources were outage workers and truck material and increased traffic and worker activity protected. Because no change in ground equipment deliveries needed to support should have no adverse effect on the disturbance or construction-related EPU-related plant modifications would additional species not previously activities would occur outside of cause short-term service impacts assessed in SEIS-ll listed in the above previously disturbed areas and existing (restricted traffic flow and higher table. electrical transmission line ROW, the incident rates) on secondary roads in NRC expects no significant impact from the immediate vicinity of St. Lucie. The Impacts on Critical Habitat licensee expects increased traffic the proposed EPU-related modifications The West Indian manatee (Trichechus on historic and archaeological volumes necessary to support manatus) also has been documented at resources. implementation of the EPU-related St. Lucie. Designated critical habitat for modifications during the refueling the West Indian manatee is located Socioeconomic Impacts outage. The NRC predicted along the Indian River west of Potential socioeconomic impacts from transportation service impacts for Hutchinson Island. No other critical the proposed EPU include increased refueling outages at St. Lucie during its habitat areas for endangered, threatened, demand for short-term housing, public license renewal term would be small or candidate species are located at the services, and increased traffic in the and would not require mitigation.

St. Lucie site or along the transmission region due to the temporary increase in However, the number oftemporary line ROW. The NRC assessed potential the size of the workforce at St. Lucie construction workers the NRC evaluated impacts on the West Indian manatee required to implement the EPU. The for SEIS-11 was less than the number of from St. Lucie in SEIS-ll, and the proposed EPU also could generate temporary construction workers effects on its critical habitat from the increased tax revenues for the State and required for the proposed EPU. Based proposed EPU should not exceed those surrounding counties due to increased on this information and that EPU assessed in SEIS-11. The incremental power generation. related plant modifications would occur area affected bv the increased thermal Approximately 800 full-time during a normal refueling outage, there discharge due to the EPU should have employees work at St. Lucie. For the could be noticeable short-term (during negligible effects on the manatee's recently completed Unit 1 outage, this certain hours ofthe day), level-of habitat. Therefore, the proposed EPU workforce was augmented by an service traffic impacts beyond what is should have no adverse effect on the additional 750 EPU workers on average, experienced during normal outages. In critical habitat for the West Indian with a peak of 1,703 workers. For the the past, during periods of high traffic manatee. mid-cycle Unit 1 outage, FPL estimates volume (I.e., morning and afternoon no additional staff. For the upcoming shift changes), FPL has attempted to Historic and Archaeological Resources Unit 2 outage, FPL estimates an average stagger work schedules to minimize any Impacts of 1,058 workers, with a peak of 1,439 impacts, has established satellite Records at the Florida Master File in workers. Once EPU-related plant parking areas, and use buses to transport the Florida Division of Historical modifications have been completed, the workers on and offthe site. Local police Resources identify five known size of the refueling outage workforce at officials have also been used to direct archaeological sites located on or St. Lucie would return to normal levels traffic entering and leaving the north immediately adjacent to the property and would remain similar to pre-EPU and south ends of S1. Lucie to minimize boundaries for St. Lucie, although no levels, with no significant increases level-of-service impacts (ADAMS archaeological and historic architectural during future refueling outages. The size Accession No. ML12132A067).

finds have been recorded on the site. of the regular plant operations S1. Lucie currently pays annual real None of these sites is listed on the workforce would be unaffected by the estate property taxes to the S1. Lucie National Register for Historic Places proposed EPU. County school district, the County (NRHP). Sixteen properties are listed on The NRC expects most of the EPU Board of Commissioners, the County fire the NRHP in St. Lucie County including plant modification workers to relocate district, and the South Florida Water one historic district. The Captain temporarily to communities in St. Lucie. Management District. The annual Hammond House in White City, Martin, Indian River, and Palm Beach amount of future property taxes st.

approximately 6 mi (10 km) from St. Counties, resulting in short-term Lucie would pay could take into Lucie, is the nearest property listed on increases in the local population along account the increased value of St. Lucie theNRHP. with increased demands for public as a result of the EPU and increased A moderate to high likelihood for the services and housing. Because plant power generation. But due to the short presence of significant prehistoric modification work would be temporary, duration of EPU-related plant archaeological remains occurs along most workers would stay in available modification activities, there would be

40100 Federal Register/Vol. 77, No. 130/Friday, July 6, 2012/Notices little or no noticeable effect on tax (Palm Beach County near Lake census information, there were revenues generated by additional Okeechobee), the agricultural areas approximately 221,244 vacant housing temporary workers residing in St. Lucie around Lake Okeechobee, and Hobe units in St. Lucie County and the County. Sound (Martin County). surrounding three counties combined.

In total, the NRC expects no According to the 2010 American Based on this information and the significant socioeconomic impacts from Community Survey I-Year Estimates analysis of human health and EPU-related plant modifications and data, an average of 10.6 percent of the environmental impacts presented in this future operations after implementation population (267,000 persons) residing in EA, the proposed EPU would not have of the EPU in the vicinity of St. Lucie. counties in a 50 mi (80.5 km) of St. disproportionately high and adverse Lucie were considered low-income, human health and environmental effects Environmental Justice Impact Analysis living below the 2010 federal poverty on minority and low-income The environmental justice impact threshold of $22,113 for a family of four. populations residing in the vicinity of analysis evaluates the potential for According to the 2010 American St. Lucie.

disproportionately high and adverse Community Survey I-Year census human health and environmental effects estimates, the median household Nonradiological Cumulative Impacts on minority and low-income income for Florida was $44,409, while The NRC considered potential populations that could result from 12.0 percent of families and 16.5 cumulative impacts on the environment activities associated with the proposed percent of the State population were resulting from the incremental impact of EPU at St. Lucie. Such effects may determined to be living below the the proposed EPU when added to other include human health, biological, Federal poverty threshold. St. Lucie past, present, and reasonably cultural, economic, or social impacts. County had a lower median household foreseeable future actions in the vicinity Minority and low-income populations income average ($38,671) and higher of St. Lucie. Since the NRC is unaware are subsets of the general public percentages of families (14.1 percent) of any other actions in the vicinity of St.

residing in the vicinity of St. Lucie, and and individuals (18 percent) living Lucie, the NRC concludes that there are all are exposed to the same health and below the poverty threshold, no significant nonradiological environmental effects generated from respectively. cumulative impacts.

activities at St. Lucie. Potential impacts to minority and Additionally, the NRC concluded that The NRC considered the demographic low-income populations would mostly there would be no significant composition of the area within a 50-mi consist of environmental and cumulative impacts to air quality, (80.5-km) radius of St. Lucie to socioeconomic effects (e.g., noise, dust. groundwater. threatened and determine the location of minority and traffic, employment, and housing endangered species, or historical and low-income populations using the U.S. impacts). Radiation doses from plant archaeological resources near St. Lucie Census Bureau data for 2010 and operations after implementation of the because the contributory effect of whether they may be affected by the EPU are expected to continue to remain ongoing actions within the region are proposed action. well below regulatory limits. regulated and monitored through a According to 2010 census data, an Noise and dust impacts would be permitting process (e.g., National estimated 1.3 million people live within temporary and limited to onsite Pollutant Discharge Elimination System a 50-mi (80.5-km) radius of St. Lucie activities. Minority and low-income and 401/404 permits under the Clean within parts of nine counties. Minority populations residing along site access Water Act) under State or Federal popUlations within 50 mi (80.5 km) roads could experience increased authority. In these cases, impacts are comprise 37 percent (approximately commuter vehicle traffic during shift managed as long as these actions 466,800 persons). The largest minority changes. Increased demand for comply with their respective permits group was Hispanic or Latino (of any inexpensive rental housing during the and conditions of certification.

race) (approximately 223,700 persons or EPU-related plant modifications could 17.7 percent), followed by Black or disproportionately affect low-income Nonradiological Impacts SummOlY African-American (approximately populations; however, due to the short As discussed above, the proposed 203,900 persons or 16.2 percent). The duration of the EPU-related work and EPU would not result in any significant 2010 census block groups containing the availability of housing properties, nonradiological impacts. Table 1 minority populations were concentrated impacts to minority and low-income summarizes the nonradiological in Gifford (Indian River County), Fort populations would be of short duration environmental impacts of the proposed Pierce (St. Lucie County), Pahokee and limited. According to the 2010 EPU at St. Lucie.

TABLE 1-

SUMMARY

OF NONRADIOLOGICAL ENVIRONMENTAL IMPACTS Land Use No significant impacts on land use conditions and aesthetic resources in the vicinity of SI.

Lucie.

Air Quality ........... ,,,............................,, ....... ,,",, .. No significant impacts to air quality from temporary air quality impacts from vehicle emissions related to EPU construction workforce.

Water Use ........................................................... No significant changes to impacts caused by current operations. No significant impacts on groundwater or surface water resources.

Aquatic Resources ............................................ .. No significant changes to impacts caused by current operation due to impingement. entrain ment, and thermal discharges.

Terrestrial Resources ....................................... .. No significant changes to impacts caused by current operations. No significant impacts to ter restrial resources.

Threatened and Endangered Species .............. .. No significant changes to impacts caused by current operations. The NRC expects NMFS to issue a biological opinion on sea turtles and the small tooth sawfish in the near future.

Historic and Archaeological Resources .............. No significant impacts to historic and archaeological resources onsite or in the vicinity of SI.

Lucie.

Socioeconomics ................................................. . No significant changes to impacts caused by current operations. No significant socioeconomic impacts from EPU-related temporary increase in workforce.

Federal Register/Vol. 77, No. 130/Friday, July 6, 2012/Notices 40101 TABLE 1-

SUMMARY

OF NONRADIOLOGICAL ENVIRONMENTAL IMPACTS-Continued Environmental Justice ........... .............................. No disproportionately high or adverse human health and environmental effects on minority and

. low-income populations in the vicinity of St. Lucie.

Cumulative Impacts ............................................ I No significant changes to impacts caused by current operations.

Radiological Impacts dose limits of 10 CFR 20.1302 and the coolant system operation. The licensee as low as is reasonably achievable evaluated the potential effects ofthe Radioactive Gaseous and Liquid (ALARA) dose objectives in 10 CFR Part Effluents and Solid Waste proposed EPU on the solid waste 50, Appendix 1. Therefore, the NRC has management system. The largest volume St. Lucie uses waste treatment determined that the impact from the of radioactive solid waste is low-level systems to collect, process, recycle, and proposed EPU on the management of radioactive waste, which includes bead dispose of gaseous, liquid, and solid radioactive gaseous effluents would not resin, spent filters. and dry active waste wastes that contain radioactive material be significant. (DAW) that result from routine plant in a safe and controlled manner within operation, refueling outages, and routine NRC and EPA radiation safety Radioactive Liquid Eff1uents maintenance. The DAW includes paper, standards. The licensee's evaluation of The liquid waste management system plastic, wood, rubber, glass, floor plant operation under proposed EPU collects, processes, and prepares sweepings, cloth, metal, and other types conditions show that no physical radioactive liquid waste for disposal. of waste generated during routine changes would be needed to the Radioactive liquid wastes include maintenance and outages.

radioactive gaseous, liquid, or solid liquids from various equipment drains, The licensee states that the proposed waste systems. Therefore, the NRC has floor drains, the chemical and volume EPU would not have a significant effect determined that the impact from the control system, steam generator on the generation of radioactive solid proposed EPU on the radioactive blow down, chemistry laboratory drains, waste volume from the primary reactor gaseous, liquid, and solid waste systems laundry drains, decontamination area coolant and secondary side systems would not be significant. drains, and liquids used to transfer solid because system functions are not Radioactive Gaseous Effluents radioactive waste. The licensee's changing, and the volume inputs remain evaluation shows that the proposed EPU consistent with historical generation The radioactive gaseous system implementation would not significantly rates. The waste can be handled by the manages radioactive gases generated increase the inventory ofliquid solid waste management system without during the nuclear fission process and is normally processed by the liquid waste modification. The equipment is part of the gaseous waste management management system. This is because the designed and operated to process the system. Radioactive gaseous wastes are system functions are not changing and waste into a form that minimizes principally activation gases and fission the volume inputs remain the same. The potential harm to the workers and the product radioactive noble gases proposed EPU would result in an environment. Waste processing areas are resulting from process operations, increase in the equilibrium radioactivity monitored for radiation, and safety including continuous cleanup of the in the reactor coolant (12.2 percent), features are in place to ensure worker reactor coolant system, gases used for which in turn would impact the doses are maintained within regulatory tank cover gas, and gases collected concentrations of radioactive nuclides limits. The proposed EPU would not during venting. The licensee's in the waste disposal systems. generate a new type of waste or create evaluation determined that The licensee stated that because the a new waste stream. Therefore. the NRC implementation of the proposed EPU composition of the radioactive material has determined that the impact from the would not significantly increase the in the waste and the volume of proposed EPU on the management of inventory of carrier gases normally radioactive material processed through radioactive solid waste would not be processed in the gaseous waste the system are not expected to significant.

management system, because plant significantly change, the current design system functions are not changing, and Occupational Radiation Dose at the and operation of the radioactive liquid EPU Power Level the volume inputs remain the same. The waste system will accommodate the licensee's analysis also showed that the effects of the proposed EPU. The The licensee stated that the in-plant proposed EPU would result in an existing equipment and plant radiation sources are expected to increase (a bounding maximum of 13.2 procedures that control radioactive increase approximately linearly with the percent for all noble gases, particulates, releases to the environment will proposed increase in core power level of radioiodines, and tritium) in the continue to be used to maintain 12.2 percent. For the radiological impact equilibrium radioactivity in the reactor radioactive liquid releases within the analyses, the licensee conservatively coolant, which in turn increases the dose limits of 10 CFR 20.1302 and assumed an increase to the licensed radioactivity in the waste disposal ALARA dose objectives in 10 CFR Part thermal power level from 2,700 MWt to systems and radioactive gases released 50, Appendix 1. Therefore, the NRC has 3,030 MWt or 12.2 percent, although the from the plant. determined that the impact from the EPU request is for an increase to the The licensee's evaluation concluded proposed EPU on the management of licensed thermal power level to 3,020 that the proposed EPU would not radioactive liquid effluents would not MWt or 11.85 percent. To protect the change the radioactive gaseous waste be significant. workers, the licensee's radiation system's design function and reliability protection program monitors radiation to safely control and process the waste. Radioactive Solid Wastes levels throughout the plant to establish The existing equipment and plant Radioactive solid wastes include appropriate work controls, training.

procedures that control radioactive solids recovered from the reactor temporary shielding, and protective releases to the environment will coolant systems, solids that come into equipment requirements so that worker continue to be used to maintain contact with the radioactive liquids or doses will remain within the dose limits radioactive gaseous releases within the gases, and solids used in the reactor of 10 CFR Part 20 and ALARA.

40102 Federal Register/Vol. 77, No. l30/Friday, July 6, 20l2/Notices In addition to the work controls 2. The FPL's fuel reload design goals consequences of design-basis accidents implemented by the radiation protection will maintain the S1. Lucie fuel cycles will not have a significant impact.

program, permanent and temporary within the limits bounded by the shielding is used throughout St. Lucie to impacts analyzed in 10 CFR Part 51, Radiological Cumulative Impacts protect plant personnel against radiation Table S-3-Uranium Fuel Cycle The radiological dose limits for from the reactor and auxiliary systems. Environmental Data and Table S-4 protection of the public and workers The licensee determined that the Environmental Impact of Transportation have been developed by the NRC and current shielding design, which uses of Fuel and Waste to and From One EPA to address the cumulative impact conservative analytical techniques to Light-Water-Cooled Nuclear Power of acute and long-term exposure to establish the shielding requirements, is Reactor, as supplemented by NUREG radiation and radioactive material.

adequate to offset the increased 1437, Volume 1, Addendum1, "Generic These dose limits are codified in 10 CFR radiation levels that are expected to Environmental Impact Statement for Part 20 and 40 CFR Part 190.

occur from the proposed EPU. Based on License Renewal of Nuclear Plants, these findings. the NRC does not expect Main Report, Section 6.3 The cumulative radiation doses to the the proposed EPU to significantly affect Transportation Table 9.1, Summary of public and workers are required to be radiation levels within the plant and, findings on NEP A issues for license within the regulations cited above. The therefore, there would not be a renewal of nuclear power plants" annual public dose limit of 25 millirem significant radiological impact to the (ADAMS Accession No. ML040690720). (0.25 millisieverts) in 40 CFR Part 190 workers. Therefore, there would be no significant applies to all reactors that may be on a impacts resulting from spent nuclear site and includes any other nearby OffsUe Doses at the EPU Power Level nuclear power reactor facilities. No fuel.

The primary sources of offsite dose to other nuclear power reactor or uranium members of the public from st. Lucie Postulated Design-Basis Accident Doses fuel cycle facility is located near St.

are radioactive gaseous and liquid Both the licensee and the NRC Lucie. The NRC staff reviewed several effluents. The licensee predicts that evaluated postulated design-basis years of radiation dose data contained in because ofthe EPU, maximum annual accidents to ensure that St. Lucie can the FPL's annual radioactive effluent total and organ doses would increase by withstand normal and abnormal release reports for st. Lucie. The data 12.2 percent. This would still be within transients and a broad spectrum of demonstrate that the dose to members of the NRC's regulatory limits. As postulated accidents with reasonable the public from radioactive effluents is previously discussed, operation at the assurance that the health and safety of well within the limits of 10 CFR Part 20 EPU power level will not change the the public will not be endangered by and 40 CFR Part 190. To evaluate the ability of the radioactive gaseous and operation in the proposed manner. projected dose at the EPU power level liquid waste management systems to The licensee performed analyses for st. Lucie. the NRC increased the perform their intended functions. Also, according to the Alternative actual dose data contained in the reports there would be no change to the Radiological Source Term methodology, by 12 percent. The projected doses radiation monitoring system and updated with input and assumptions remained well within regulatory limits.

procedures used to control the release of consistent with the proposed EPU. For Therefore, the NRC concludes that there radioactive effluents in accordance with each design-basis accident, radiological would not be a significant cumulative NRC radiation protection standards in consequence analyses were performed radiological impact to members of the 10 CFR Part 20 and 10 CFR Part 50, using the guidance in NRC Regulatory public from increased radioactive Appendix I. Guide 1.183, "Alternative Source Terms effluents from St. Lucie at the proposed Based on the above, the offsite for Evaluating Design Basis Accidents at EPU power level.

radiation dose to members of the public Nuclear Power Reactors" (ADAMS would continue to be within NRC and Accession No. ML003716792J. As previously discussed, FPL has a EPA regulatory limits and, therefore, Accident-specific total effective dose radiation protection program that would not be significant. equivalent was determined at the maintains worker doses within the dose exclusion area boundary, at the low limits in 10 CFR Part 20 during all Spent Nuclear Fuel population zone, and in the control phases of S1. Lucie operations. The NRC Spent fuel from St. Lucie is stored in room. The analyses also include the expects continued compliance with the plant's spent fuel pool. S1. Lucie is evaluation of the waste gas decay tank regulatory dose limits during operation licensed to use uranium-dioxide fuel rupture event. The licensee concluded at the proposed EPU power level.

that has a maximum enrichment of 4.5 that the calculated doses meet the Therefore, the NRC staff concludes that percent by weight uranium-235. acceptance criteria specified in 10 CFR operation of st. Lucie at the proposed Approval of the proposed EPU would 50.67 and 10 CFR Part 50, Appendix A. EPU levels would not result in a increase the maximum fuel enrichment General Design Criterion 19. significant impact to worker cumulative to 4.6 percent by weight uranium-235. The NRC is evaluating FPL's EPU radiological dose.

The average fuel assembly discharge applications to independently Radiological Impacts Summary burnup for the proposed EPU is determine whether they are acceptable expected to be limited to 49,000 to approve. The results of the NRC As discussed above, the proposed megawatt days per metric ton uranium evaluation and conclusion will be EPU would not result in any significant (MWd/MTU) with no fuel pins documented in a Safety Evaluation radiological impacts. Table 2 exceeding the maximum fuel rod Report that will be publicly available. summarizes the radiological burnup limit of 62,000 MWd/MTU for The NRC will only approve the environmental impacts of the proposed Unit 1 and 60,000 MWd/MTU for Unit proposed EPU if the radiological EPU at St. Lucie,

Federal Register/Vol. 77, No. 130/Friday, July 6, 2012 I Notices 40103 TABLE 2-

SUMMARY

OF RADIOLOGICAL ENVIRONMENTAL IMPACTS Radioactive Gaseous Amount of additional radioactive gaseous effluents generated would be handled by the existing system.

Effluents.

Radioactive Liquid Effluents Amount of additional radioactive liquid effluents generated would be handled by the existing system.

Radioactive Solid Waste Amount of additional radioactive solid waste generated would be handled by the existing system.

Occupational Radiation Occupational doses would continue to be maintained within NRC limits.

Doses.

Oftsite Radiation Doses ...... . Radiation doses to members of the public would remain below NRC and EPA radiation protection standards.

Spent Nuclear Fuel ............. , The spent fuel characteristics will remain within the bounding criteria used in the impact analysis in 10 CFR Part

51. Table S-3 and Table 8-4.

Postulated Design-Basis Ac Calculated doses for postulated design-basis accidents would remain within NRC limits.

cident Doses.

Cumulative Radiological....... Radiation doses to the public and plant workers would remain below NRC and EPA radiation protection stand ards.

Alternatives to the Proposed Action notification of issuance of license notice in the Federal Register As an alternative to the proposed amendments. Therefore. the State of requesting public review and comment action, the NRC considered denial of the Florida was not consulted. on the draft environmental assessment proposed EPU (I.e .* the "no-action" Consultations held with NMFS, FDEP, (EA) and draft finding of no significant alternative). Denial of the application and FDCA are discussed and impact (FONSl) on January 6, 2012 (77 would result in no change in the current documented above. FR 813), and established February 6, environmental impacts. However, if the III. Finding of No Significant Impact 2012. as the deadline for submitting EPU was not approved for S1. Lucie, public comments. The NRC received other agencies and electric power Based on the details provided in the comments and supplemental organizations may be required to pursue EA. the NRC concludes that granting the information from Florida Power & Light other means, such as fossil fuel or proposed EPU license amendment is not Company (FPL or the licensee) and from alternative fuel power generation, in expected to cause impacts significantly a member of the public. The order to provide electric generation greater than current operations. The correspondence associated with the capacity to offset future demand. proposed action implementing the EPU for SL Lucie will not have a significant comments is provided in the NRC's Construction and operation of such a Agencywide Documents Access and fossil-fueled or alternative-fueled effect on the quality of the human environment because no significant Management System (ADAMS) and facility could result in impacts in air available as a matter of public record.

quality, land use, and waste permanent changes are involved, and the temporary impacts are within Table 1 is a summary of each management greater than those identified for the proposed EPU at SL previously disturbed areas at the site correspondence, including the name Lucie. Furthermore, the proposed EPU and within the capacity of the plant and affiliation of each commenter, a does not involve environmental impacts systems. Accordingly, the NRC has document letter code, the ADAMS that are significantly different from determined it is not necessary to accession number, and the number of those originally indentified in the S1. prepare an environmental impact comments.

Lucie Units 1 and 2 FESs and SEIS-ll. statement for the proposed action. In addition, the NRC staff made Alternative Use of Resources Dated at Rockville. Maryland, this 25th day editorial changes to the draft EA.

of June 2012. specifically the Threatened and This action does not involve the use For the Nuclear Regulatory Commission. Endangered Species section. These of any different resources than those Tracy J. Orf, editorial changes did not change the previously considered in the FESs or Project Manager, Plant Licensing Branch SEIS-ll. conclusion of the FONSL 11-2, Division ofOperating Reactor Licensing.

Agencies and Persons Consulted Office ofNuclear Reactor Regulation.

Based upon a letter dated May 2, Summary of Comments on the Draft 2003, from Michael N. Stephens of the Environmental Assessment and Draft Florida Department of Health. Bureau of Finding of No Significant Impact Radiation Control, to Brenda L. Background Mozafari. Senior Project Manager, U.S.

Nuclear Regulatory Commission, the The U.S. Nuclear Regulatory State of Florida does not desire Commission (NRC) staff published a TABLE 1-COMMENTS RECEIVED ON THE ST. LUCIE EXTENDED POWER UPRATE (EPU)

Document ADAMS Number of com-Last name First name Affiliation accession number I letter ments Anderson .................. Richard L ................. I Florida Power & Light ...... A ML12037A063 , ................ 6 Johnson .................... !

Edward W. ................ Self ..... "" ........... " ............ B ML12044A127 ................. 8

40104 Federal Register/Vol. 77, No. l30/Friday, July 6, 20l2/Notices Comment Review consideration of the above comment NRC Response The NRC staff reviewed each does not change the conclusion of the The NRC staff reviewed this comment letter and all comments FONS!. additional information and determined related to similar issues and grouped Comment: SL-A-2-S1 that the additional workers during EPU topics together. This attachment related outages in conjunction with the presents the comments, or summaries of The licensee provided new mitigating strategies that FPL comments, along with the NRC staffs information on the number of additional implemented to account for the increase responses. When comments have workers expected during the EPU have no significant impacts in the areas resulted in a modification to the draft related outages. The draft EA stated that of socioeconomic, terrestrial resource, EA, those changes are noted in the NRC an additional 1,000 construction air quality, and land use. The NRC made staff's response. workers would be needed during each the necessary changes to the draft EA in outage, with a potential peak of 1,400 the areas of socioeconomic, terrestrial Major Issues and Topics of Concern resource, air quality, and land use additional construction workers. The The staff grouped comments into the licensee revised this estimate in its impacts. Consideration of the above following categories: supplemental comment to an average of 2,100 workers comment does not change the information provided to the NRC, per outage, with a peak of 3,000. This conclusion ofthe FONSI.

Aquatic Resources, and Nuclear Safety comment prompted the NRC to submit (see Table 2). Next to each set of Comment: SL-A-3-S1 a request for additional information to grouped comments is a four-component FPL on April 18, 2012. The licensee's In a January 30,2012, letter to the code corresponding to: the power plant NRC, FPL suggested changes to the draft response to the request was provided on

("SL" for st. Lucie); the document letter May 2, 2012 (ADAMS Accession No. EA based on supplemental information (A-B) that corresponds to the document ML12132A067). In their response, FPL provided as Attachment 2, "St. Lucie submitter from Table 1; the number of Plant Water Usage 2004-2009" (ADAMS clarified that three of the four necessary Accession No. ML12037A063). The the comment from that particular EPU-related outages had already commenter; and the two-letter category draft EA stated that the plant uses occurred, with an additional outage approximately 131,500 gallons (498 m3) comment code from Table 2. planned for the fall of 2012 for Unit 2. of water per day. The draft EA did not For the recently completed outage, the specify that this was a per unit TABLE 2-DRAFT EA COMMENT average number of additional workers CATEGORIES AND COMMENT CODES withdrawal rate. The licensee provided was 750, with a peak of 1,703. The information based on plant records i

, Comment upcoming outage expects an average of developed from FPL's Ft. Pierce Utilities Comment category , code 1,058 additional workers, with a peak of water bills for 2004 to 2009, showing 1,439. that the approximate water usage is Supplemental Information ............ SI The licensee provided information 154,800 gallons per unit per day (586 Aquatic Resources ...................... '1' AR requested by the NRC in the areas of m3), or a combined average water usage Nuclear Safety.............. ................ NS rate of approximately 309,565 gallons land use, traffic impacts, air quality impacts, terrestrial impacts, and cultural (1172 m3).

Supplemental Information lSI) impacts. For land use impacts, FPL NRC Response Comment: SL-A-I-AR provided more detailed information on the two parking lots that were created The NRC staff reviewed the In a January 30, 2012, letter to the information and incorporated the NRC, FPL suggested changes to the draft for the EPU-related outages, including change to the draft EA in the area of EA based on supplemental information that surveys were conducted and best management practices employed to Water Use Impacts, Groundwater from provided in its letter to the NRC dated 131,500 gallons (497,782 L) of water per January 11, 2011 (ADAMS Accession minimize impacts on threatened and endangered species, terrestrial day to 309,565 gallons (1,171,831 L) per No. MLll0210023). The draft EA day, or approximately 154,800 gallons indicated that the predicted discharge resources, and cultural resources. For traffic impacts, FPL provided the (585,981 L) per unit per day. Under the temperature increase resulting from the EPU, FPL does not expect to St. Lucie EPU would be 2 OF (1.1 °C) transportation analysiS it used to significantly change the amount of above the current discharge determine impact significance, as well freshwater currently used or its supply temperature. The licensee clarified that as examples of how FPL has mitigated source. Consideration of the above the predicted temperature increase traffic impacts in the past, which comment does not change the would be 3 OF (1.7 °C) and that FPL had include shift staggering, shuttling conclusion of the FONSL requested from Florida Department of workers from offsite parking areas, and Environmental Protection (FDEP) a 2 OF employing local police to direct traffic Comment: SL-A-4-SI (1.1 0C) increase to the heated water onsite during peak conditions. For air In a January 30, 2012, letter to the discharge temperature limit, from 113 OF quality impacts, FPL provided an NRC, FPL suggested changes to the draft (45°C) before the EPU to 115 OF (46.1 assessment of the potential impacts of EA based on supplemental information

°Cl to account for the 3 OF (1.7 °C) an additional 1,400 to 3,000 provided in its letter to the NRC dated increase after EPU completion at Units construction workers, including the January 11, 2011 (ADAMS Accession 1 and 2. results of a traffic study and calculations No. ML110210023). The draft EA stated for the amount of fugitive particulate that FDEP had issued a temporary NRC Response matter emissions expected to result from variance for a temperature increase of The NRC staff reviewed the the increased workforce. The licensee heated water discharge from 113 OF (45 information and incorporated the determined that the workforce increase °C) before the EPU to 115 OF (46.1 °C) change from a 2 OF (1.1 0C) temperature would not trigger air quality violations after EPU completion at Units 1 and 2.

increase to a 3 OF (1.7 °C) temperature under the Clean Air Act and would The licensee clarified that the FDEP's increase. Because the discharge remain below FDEP regulations for change to the St. Lucie Plant's temperature limit did not change, unpermitted emissions. individual wastewater facility permit

Federal Register / Vol. 77, No. 130/ Friday, July 6, 2012/ Notices 40105 (IWFP) was a modification, not a increase is permitted. The commenter NRC Response temporary variance. The permit states that withdrawal of an additional modification was issued on December 100,000 gallons per second should be St. Lucie's thermal discharge limits 21,2010, and was accompanied by an permitted by the NRC to avoid a are permitted and maintained by FDEP.

Administrative Order requiring FPL to temperature increase to the plant's The NRC has no regulatory authority perform pre-EPU biological monitoring heated water discharge. over thermal discharge limits or water and a minimum of two years of post withdrawal permits. S1. Lucie does EPU thermal and biological monitoring NRC Response inject chlorine in the form of sodium in the vicinity of St. Lucie. St. Lucie's thermal discharge limits hypochlorate into seawater upstream of are permitted and maintained by FDEP. the intake cooling water system to NRC Response control microorganisms, but these The NRC has no regulatory authority The NRC staff reviewed the over thermal discharge limits or water chemical discharges are also regulated information and incorporated the withdrawal permits. Therefore, no by FDEP. After EPU implementation, change from referring to the FDEP change was made to the final EA based these chemical discharges are not change as a temporary variance to a on this comment. expected to exceed IWFP limitations permit modification. Consideration of and will continue to be monitored and the above comment does not change the Comment: SL-B-3-AR regulated by FDEP. Therefore, no conclusion of the FaNS!. The commenter is concerned that the change was made to the final EA based Aquatic Resources (AR) applicant's statement that the seawater on this comment.

temperature beyond the plant's mixing Comment: SL-B-6-AR Comment: SL-A-5-AR zone of 95 of (35°C) is incorrect. The The licensee disagreed with a commenter would like verification of The commenter provided information statement in the draft EA that the this temperature and provides on the August 2011 jellyfish incursion proposed increase in temperature after information that the average water incident at St. Lucie and stated that the EPU implementation would exceed temperature in that area should be incident was not reported publicly until Florida Surface Water Quality closer to an ambient temperature of December 2011. The commenter wants Standards. The licensee explained that, 79 of (26.1 0C). The commenter the NRC to increase the timely reporting though S1. Lucie's heated water challenges the applicant's claim of an of such events to allow precautionary discharge currently exceeds the Thermal ambient water temperature of 95 of (35 safety awareness and evacuation to Surface Water Criteria for open waters, °C) and believes that an additional proceed.

FPL was granted a zone of mixing temperature increase after EPU variance by FDEP. The FDEP also NRC Response implementation will have detrimental granted FPL an increase of 2 of (1.1 0C) effects on aquatic resources. The NRC was informed about the in the instantaneous discharge jellyfish intrusion incident, which temperature limit in the IWFP NRC Response occurred between August 20, 2011 and modification following EPU As discussed in the "Aquatic August 24,2011, via letter from FPL on implementation. The licensee stated Resource Impacts" section, a thermal September 20, 2011. The letter was that it performs biological and thermal discharge study that was conducted for submitted as part of St. Lucie's monitoring studies in accordance with the proposed EPU predicts no increase Environmental Protection Plan as an the IWFP, which demonstrate its in temperature higher than 96 OF "Unusual or Important Environmental continued compliance with the State's (35.5 °C) within 6 ft (1.8 m) of the Event-Reportable Fish Kill." A License thermal standards following EPU bottom of the ocean floor and within 24 Event Report was also submitted by FPL implementation. ft (7.3 m) from the ocean surface as a to the NRC describing the Unit 1 manual NRC Response result of heated water discharged from reactor trip that resulted from the the multi port diffuser. The same study jellyfish influx. Both are publicly The NRC staff reviewed the available and can be accessed in information and incorporated the also predicts that heated water ADAMS under Accession Nos.

change into the final EA. While the draft discharged from the "Y" diffuser would ML11270A098 and MLl1301A071, EA stated that the increase in not increase the ocean water temperature after EPU implementation temperature higher than 96 OF (35.5 °C) respectively. Evacuation precautions would exceed Florida Surface Water within 2 ft (0.6 m) of the bottom of the were not necessary during this incident Quality Standards, the final EA states ocean floor and within 25 ft (17 m) from because FPL manually shut down the that EPU implementation will continue the ocean surface. Based on this plant until the jellyfish incursion could to exceed Thermal Surface Water analysis, surface water temperature be resolved. Therefore, no change was Criteria established by FDEP, but that would remain below 94 OF (34.4 °C). made to the final EA based on this FPL will continue to meet its FDEP Thermal studies conducted for St. Lucie comment. (For a more detailed mixing zone variance limits and will prior to its operation and summarized in discussion on this incident, the continue to perform studies to assess SEIS-l1 predicted there would be commenter is referred to Section 5.2 and any potential thermal impacts. minimal impacts to aquatic biota from Section 5.4.4 of the NRC's Essential Fish Consideration of the above comment diffuser discharges that result in a Habitat Assessment, published in does not change the conclusion of the surface temperature less than 97 OF (36.1 February 2012 (ADAMS Accession No.

FONS!. DC). Therefore, no change was made to ML12053A345)).

the final EA based on this comment. Comment: SL-B-7-AR Comment: SL--B-2-AR Comment: SL-B-4-AR The commenter is concerned that St. The commenter is concerned about Lucie already withdraws approximately The commenter is concerned about the potentially harmful effects of once 1 million gallons per second and that the effects of thermal discharge through cooling systems, specifically this withdrawal amount should increase temperatures and chemical treatment on the effects of entrainment and another 12 percent if a 12 percent power microscopic ocean organisms. impingement on marine life.

40106 Federal Register/Vol. 77, No. 130/Friday, July 6, 2012/Notices NRC Response NRC Response EPU on aging management programs at The St. Lucie Units 1 and 2 were St. Lucie in the relevant subsections of During St. Lucie's license renewal granted, consistent with NRC its safety evaluation.

review, the NRC assessed the Therefore, no change was made to the environmental impacts of entrainment, regulations, a 40-year operating licenses in 1976 and 1983, respectively. The final EA based on these comments.

impingement, and heat shock from St.

Lucie's once-through cooling system in NRC requires licensees to test, monitor, [FR Doc. 2012-16552 Filed 7-5-12; 8:45 am]

Sections 4.1.1. 4.1.2, and 4.1.3 ofthe and inspect the condition of safety BILUNG CODE 759(H)1-P SEIS-ll (ADAMS Accession No. equipment and to maintain that ML031410445). The NRC does not equipment in reliable operating expect that implementation ofthe EPU condition over the operating life of the SECURITIES AND EXCHANGE would increase the impacts of plant. The NRC also requires licensees COMMISSION entrainment, impingement, and heat to continually correct deficiencies that

[Release No. IC-30124]

shock at St. Lucie beyond the small could affect plant safety (e.g., leaking levels it found for current operation. valves, degraded or failed components Notice of Applications for Therefore, the NRC made no change to due to aging or operational events). Over Deregistration Under Section 8{f) of the the final EA based on this comment. the years, FPL has also upgraded Investment Company Act of 1940 equipment or installed new equipment Comment: SL-B-8-AR to replace or supplement original June 29, 2012.

The commenter is concerned that systems. The testing, monitoring, The following is a notice of smaller fish and organisms that are inspection. maintenance, and applications for deregistration under entrained by the cooling system may be replacement of plant equipment provide section 8(i) of the Investment Company scalded before being discharged into the reasonable assurance that this Act of 1940 for the month of June 2012.

waterway, or that those that are equipment will perform its intended A copy of each application may be pulverized in the system will be safety functions during the 40-year obtained via the Commission's Web site released into the water, forming a license period. This conclusion applies by searching for the file number, or for sediment cloud that will block light both to operations under the current an applicant using the Company name from the ocean floor and cause a loss of license and operations under EPU box, at http://www.sec.gov/search/

oxygen. conditions. search.htm or by calling (202) 551 In 2003, the NRC approved renewal of 8090. An order granting each NRC Response the operating licenses for St. Lucie, application will be issued unless the The proposed EPU will not result in Units 1 and 2 for a period of 20 SEC orders a hearing. Interested persons an increase in the amount or rate of additional years, extending the may request a hearing on any water withdrawn from or discharged to operating licenses to 2036 and 2043, application by writing to the SEC's the Atlantic Ocean, so the impacts of respectively. The safety evaluation Secretary at the address below and entrainment will remain consistent with report documenting the staff's technical serving the relevant applicant with a current operating levels. Also, the NRC review can be found in NUREG-1779, copy of the request, personally or by staff always assumes a 100 percent "Safety Evaluation Report Related to the mail. Hearing requests should be mortality rate for any organisms that are License Renewal of the St. Lucie, Units received by the SEC by 5:30 p.m. on July entrained by the cooling system, and 1 and 2" (ADAMS Accession No. 24,2012, and should be accompanied determined that implementation of the ML031890043). The NRC staff's review by proof of service on the applicant, in EPU would not increase the level of concluded that the licensee's the form of an affidavit or, for lawyers, entrainment mortality rate or level of management of the effects of aging on a certificate of service. Hearing requests impact. The NRC concluded that the functionality of structures and should state the nature of the writer's scouring caused by discharged cooling components met the NRC's established interest, the reason for the request, and water would have a small level of requirements (described in Title 10 of the issues contested. Persons who wish impact at St. Lucie, as discussed in the Code of Federal Regulations Part to be notified of a hearing may request Sections 4.1 and 4.1.3 of SEIS-11. The 54). notification by writing to the Secretary.

NRC also concluded that low dissolved The NRC's safety regulations are U.S. Securities and Exchange based on the Atomic Energy Act of Commission, 100 F Street NE.,

oxygen in the discharged water would have a small level of impact, as 1954, as amended, and require a finding Washington, DC 20549-1090.

of reasonable assurance that the FOR FURTHER INFORMATION CONTACT:

discussed in Section 4.1 of SEIS-1 1.

activities authorized by an operating Diane L. Titus at (202) 551-6810, SEC, Therefore, the NRC made no change to license (or an amendment thereto) can Division of Investment Management, the final EA based on this comment.

be conducted without endangering the Office of Investment Company Nuclear Safety (NS) health and safety of the public, and that Regulation, 100 F Street NE.,

Comments: SL-B-l-NS; SL-B-5-NS such activities will be conducted in Washington, DC 20549-8010.

compliance with the NRC's regulations.

The commenter is concerned about With respect to the proposed EPU, the Old Mutual Funds II [File No. 811 safety issues at the plant. Most notably, NRC will likewise decide-based on the 4391]

his comments are related to the age of NRC staff's safety evaluation-whether Summary: Applicant seeks an order the reactors and safety concerns over there is reasonable assurance that the declaring that it has ceased to be an permitting a 12 percent power increase health and safety of the public will not investment company. The applicant has on reactors of that age. The commenter be endangered by operation under the transferred its assets to Heitman REIT is concerned that an increase in heat proposed EPU conditions and whether Fund, a series of FundVantage Trust, generated would potentially put stress the authorized activities will be and, on June 4, 2012, made a final on the internal components of the plant conducted in compliance with the distribution to shareholders based on due to the age of the components and NRC's regulations. The NRC will net asset value. Expenses of $104,000 increase risk of failure. document its review of the effect of the incurred in connection with the

July 13, 2012 Mr. Heinz Mueller, Chief Office of Environmental Assessment U.S. Environmental Protection Agency Region 4 Atlanta Federal Center 61 Forsyth Street, SW Atlanta, GA 30303-3104 SUB..IECT: ST. LUCIE PLANT, UNITS 1 AND 2 - ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT RELATED TO THE PROPOSED EXTENDED POWER UPRATE (TAC NOS. ME5091 AND ME5843)

Dear Mr. Mueller:

Enclosed is a copy of the Environmental Assessment and Finding of No Significant Impact related to Florida Power and Light Company's applications for amendments dated November 22, 2010, for St. Lucie Unit 1, and February 23, 2011, for St. Lucie Unit 2, and subsequent supplements. The proposed amendments would authorize increasing the licensed core power levels for St. Lucie Units 1 and 2 from 2700 megawatts thermal (MWt) to 3020 MWt.

The increase in core thermal power will be approximately 12 percent, including a 10-percent power uprate and a 1.7-percent measurement uncertainty recapture, over the current licensed core thermal power level and is categorized as an Extended Power Uprate.

The assessment was published in the Federal Register on July 6, 2012 (77 FR 40092). If you have any questions, please contact me by phone at 301-415-2788 or by email at Tracy.Ort@nrc.gov.

Sincerely, IRA!

Tracy J. Ort, Project Manager Plant Licensing Branch 2-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-335 and 50-389

Enclosure:

Environmental Assessment cc wI encl. Distribution via Listserv DISTRIBUTION:

PUBLIC RidsNrrDorlLpl2-2 RidsNrrPMStLucie LPL2-2 rlt RidsNrrLABClayton Identical Letters Sent To: Mr. AI Hubbard, Ms. Shelley Norton ADAMS Accession No. ML12195A168 LPL2-2/PM LPL2-21LA LPL2-2/PM TOrf BClayton n TOrf 07/13112 07/13/12 07/13/12 2 OFFICIAL RECORD COpy