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Entergy Indian Point 2, LLC

November 12, 2003

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Applicants: Entergy Indian Point 2, LLC, 440 Hamilton Avenue, White Plains, New York 10601

Entergy Indian Point 3, LLC, Bleakly Avenue and Broadway, Buchanan, New York 10511

Application Number: DEC Number 3-5522-00011/00004

Project Description: The New York State Department of Environmental Conservation ("DEC" or "Department") proposes to issue a modified State Pollutant Discharge Elimination System permit for the Indian Point steam electric generating station, which is located on the east shore of the Hudson River. Indian Point 2 is a nuclear electric generating unit with a capacity of 850 megawatts. Indian Point 3 is a nuclear electric generating unit with a capacity of 965 megawatts. Both units are located on the Hudson River, at river mile 43, in the Village of Buchanan, Westchester County, New York, and are referred to hereinafter as the "Facilities." The draft permit contains conditions which address three aspects of operations at Indian Point: conventional industrial-wastewater pollutant discharges, thermal discharge, and cooling water intake. Limits on the conventional industrial discharges are not proposed to be changed significantly from the previous permit. The draft modified permit does, however, contain new conditions addressing the thermal discharge and additional new conditions to implement the measures the Department has determined to be the best technology available ("BTA") for minimizing impacts to aquatic resources from the cooling water intake, pursuant to the federal Clean Water Act ("CWA").

State Pollutant Discharge Elimination System (SPDES)

SPDES Permit: In April 1992, applicants filed, pursuant to section 17-0823 of the New York State Environmental Conservation Law ("ECL"), an application to renew the existing SPDES permit. Accordingly, the expiration date of the Facilities' SPDES permit was extended by operation of the State Administrative Procedure Act. On April 8, 2003, upon review of the renewal application, DEC proposed to modify the SPDES permit to require reduction of impacts to aquatic organisms and completion of a water quality review that will result in adjustments to certain limits in the existing SPDES permit.

Additional Regulatory Provisions

NYS Environmental Conservation Law and Implementing Regulations: In addition to the specific statutes and regulations cited above, the subject SPDES permit application is being processed by Department Staff pursuant to ECL article 3, title 3 (General Functions), ECL article 17 (Water Pollution Control), and title 6 of the Official Compilation of New York Codes, Rules and Regulations ("6 NYCRR") part 621 (Uniform Procedures), part 624 (Permit Hearing Procedures), part 704 (Water Quality Criteria, including thermal and intake structures), and parts 750 et seq. (State Pollutant Discharge Elimination System).

SEQRA Status: Department Staff has determined that the proposal is a Type I action as designated by 6 NYCRR part 617. A coordinated review was conducted and NYSDEC, as the lead agency, has determined that the project may have a significant adverse impact on the environment. The Department issued a Notice of Complete Application dated February 28, 2000, which was published in the Environmental Notice Bulletin ("ENB") on March 8, 2000, and in newspapers in the vicinity of the Facilities during the week following March 8, 2000. A Final Environmental Impact Statement ("FEIS") was accepted by the Department on June 25, 2003.

State Historic Preservation Act (SHPA) Determination: The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management: This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

Tentative NYSDEC Staff Position and Document Availability: Department Staff has reviewed information submitted by the applicants, and information in numerous reports and studies conducted over more than 25 years related to entrainment and impingement at once-through cooling facilities. Department Staff has also reviewed the application materials and supporting documentation. A tentative determination has been made to approve this application and a draft permit has been prepared. The background documentation supporting this determination is available in the "fact sheets" and the administrative record for the project.

Contact Person: Betty Ann Hughes 518-402-9158
NYSDEC, Division of Environmental Permits
625 Broadway, 4th Floor
Albany, NY 12233-1750

The application materials, fact sheet, Draft and Final EIS, and the draft SPDES permit are available for review at the following locations during normal business hours between 9:00 AM and 4:00 PM, Monday through Friday:

1) NYSDEC Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, NY 12233-1550. Contact: Administrative Law Judge Maria E. Villa or Administrative Law Judge Daniel P. O'Connell at (518) 402-9003;

2) NYSDEC Division of Environmental Permits, 625 Broadway, Albany, New York 12233-1750. Contact: Betty Ann Hughes, Project Manager, at (518) 402-9158; and

3) NYSDEC Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561 Contact: Michael Merriman or Margaret Duke at (845) 256-3054.

These materials are also available at the following repositories:

  • Adriance Memorial Library, 93 Market Street, Poughkeepsie, New York 12601;
  • Village of Buchanan Hall, 236 Tate Avenue, Buchanan, New York 10511;
  • Newburgh Town Hall, Union Avenue Extension, Newburgh, New York 12550;
  • Haverstraw Town Hall, 1 Rosman Road, Garnerville, New York 10923;
  • Mid-Manhattan Library, 455 Fifth Avenue, New York, New York 10016;
  • Columbia-Greene Community College Library, 4400 Route 23, Hudson, New York 12534; and
  • Nyack Library, 59 South Broadway, Nyack, New York 10960.

Written Comments: All written comments concerning the draft SPDES permit must be postmarked by Friday, February 6, 2004, and sent to Administrative Law Judge Maria E. Villa, NYSDEC Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550.

Legislative Public Hearing Sessions

Legislative Public Hearing: Legislative hearing sessions to receive unsworn statements from the public on the applications and the draft permits, described above, will be held at 2:00 p.m. and 7:00 p.m. on Wednesday, January 28, 2004 and at 2:00 p.m. and 7:00 p.m. on Thursday, January 29, 2004 at the Esplanade Hotel, 95 South Broadway, White Plains, New York, telephone number (914) 761-5721. All persons, organizations, corporations, or government agencies that may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to file in advance to speak at the legislative hearing. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon written request to the Administrative Law Judges, identified above, at least 10 days prior to the hearing, as required by the State Administrative Procedure Act.

Issues Conference: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory hearing Issues Conference will be held at 10:00 a.m. on Wednesday, March 3, 2004 and Thursday, March 4, 2004, and as necessary on Friday, March 5, 2004, at the Esplanade Hotel, 95 South Broadway, White Plains, New York, telephone number (914) 761-5721. The purpose of the Issues Conference will be to determine party status for any person who has properly filed a petition (as indicated below), and to narrow and define the scope of issues that will require adjudication. Participation at the Issues Conference will be limited to Department Staff, applicants, and those persons requesting party status.

Filings for Party Status: Persons seeking to participate in the Issues Conference and any subsequent adjudicatory hearing must file a petition (a written statement) explaining whether the request is for full party status or amicus status. For the required contents of petitions for full party status, see 6 NYCRR 624.5(b)(1) and (2). To determine whether an issue is substantive, see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition seeking amicus status, see 6 NYCRR 624.5(b)(1) and (3).

All filings for party status must be received at the Department's Office of Hearings and Mediation Services by 5:00 p.m. on Friday, February 13, 2004. Send two copies, one addressed to Maria E. Villa, Administrative Law Judge, Office of Hearings and Mediation Services, New York State Department of Environmental Conservation, 625 Broadway, First Floor, Albany, New York 12233-1550, telephone: (518) 402-9003, and the second copy addressed to Daniel P. O'Connell, Administrative Law Judge, at the same address and telephone number. Telefaxed petitions will not be accepted. Send copies at the same time and in the same manner to counsel for Department Staff: William Little, Esq., Associate Counsel, Division of Legal Affairs, New York State Department of Environmental Conservation, 625 Broadway, 14th Floor, Albany, New York 12233-1500, telephone: (518) 402-9195; and to the applicants' counsel, Elise N. Zoli, Esq., and Robert H. Fitzgerald, Esq., Goodwin Procter LLP, Exchange Place, Boston, Massachusetts 02109, telephone: (617) 570-1000.

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
November 12, 2003

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