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Entergy Indian Point 2, LLC, Entergy Indian Point 3, LLC and Entergy Nuclear Operations Inc.

June 9, 2010

Entergy Indian Point Nuclear Units 2 and 3

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF PUBLIC COMMENT PERIOD AND
LEGISLATIVE PUBLIC HEARING AND ISSUES CONFERENCE

Applicants: Entergy Indian Point 2, LLC, Entergy Indian Point 3, LLC, and Entergy Nuclear Operations, Inc., 450 Broadway, P.O. Box 308, Buchanan, NY 10511

DEC Application Number: 3-5522-00011/00030 (IP2) and 3-5522-00105/00031 (IP3)

Project Description

Indian Point Units 2 and 3 (the Indian Point facilities) are both Westinghouse four-loop pressurized water reactors (PWRs) with net capacities of 1,078 MWe and 1,080 MWe of electrical power, respectively. The Indian Point facilities are located on the east bank of the Hudson River in the Village of Buchanan, Westchester County. Each unit utilizes a once-through condenser cooling water system, with the intake structures on the bank of, and a shared discharge canal to, the Hudson River. The maximum flow rate of the cooling system for each unit is 840,000 gallons of water per minute (GPM) - for a combined intake capacity of approximately 2.5 billion gallons of Hudson River water per day. Relative to impingement and entrainment, the Indian Point facilities currently operate with dual (Unit 2) and variable (Unit 3) speed pumps, modified Ristroph screens, and a fish return system, as well as certain flow limitations.

Water Quality Certificate (WQC)

On April 6, 2009, the New York State Department of Environmental Conservation (Department or DEC) received a joint application for a federal Clean Water Act (CWA) § 401 Water Quality Certificate (WQC) on behalf of Entergy Indian Point Unit 2, LLC, and Entergy Indian Point Unit 3, LLC (collectively, Entergy). The joint application for a section 401 WQC was submitted to the Department as part of Entergy's federal license 20-year renewal request to the Nuclear Regulatory Commission (NRC) for Indian Point Unit 2 and Indian Point Unit 3, although with a reservation of rights. The Department must determine whether continued operation of the Indian Point facilities meets State water quality standards pursuant to CWA § 401 and section 608.9 of title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR).

Additional Regulatory Provisions

NYS Environmental Conservation Law and Implementing Regulations: In addition to the specific statutes and regulations cited above, the subject WQC is being processed by Department staff pursuant to ECL article 3, title 3 (General Functions), 6 NYCRR part 621 (Uniform Procedures), part 624 (Permit Hearing Procedures), part 701 (Classifications - Surface Waters and Groundwaters), part 703 (Surface Water and Groundwater Quality Standards), part 704 (Criteria Governing Thermal Discharges), and part 608 (Use and Protection of Waters).

SEQRA Status: Department staff has determined that the proposal is a Type I action as designated by 6 NYCRR part 617. The NRC relicensing process was the subject of a federal Supplemental Environmental Impact Statement (see 6 NYCRR 617.15).

State Historic Preservation Act (SHPA) Determination: Under section 106 of the National Historic Preservation Act and section 14.09 of the New York State Historic Preservation Act (SHPA), the New York State Historic Preservation Office (NYSHPO) must review the project. NYSHPO previously rendered a determination that the renewal of the operating licenses for the Indian Point facilities would have no adverse effect upon cultural resources in, or eligible for, the National Register of Historic Places.

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 the application and all supporting documentation submitted by the applicant. Based on the information, the Department made a determination that the continued operation, as proposed in the application, did not meet State water quality standards. Based on this determination the Department issued a notice of denial on April 2, 2010, pursuant to 6 NYCRR 621.10(f). The notice of denial provides in detail the reasons for the Department's determination.

Contact Person: Christopher M. Hogan 518-402-9151
NYSDEC, Division of Environmental Permits
625 Broadway, 4th Floor
Albany, NY 12233-1750

The application materials and notice of denial 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: Christopher M. Hogan, Project Manager, at (518) 402-9151; and
  3. NYSDEC Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561 Contact: Alexander Ciesluk 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.

Application documents can also be found at the Department's website at: www.dec.ny.gov/permits/63150.html

Written Comments: All written comments concerning Entergy's WQC application and the Department's notice of denial must be postmarked by July 26, 2010, 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 hearing sessions to receive unsworn statements from the public on the application and the notice of denial will be held at 2:00 p.m. and 7:00 p.m. on Tuesday, July 20, 2010, at the Colonial Terrace, 119 Oregon Road, Cortlandt Manor, New York. 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 12:30 p.m. on Wednesday, July 21, 2010, at the New York State Department of Environmental Conservation's Region 3 office, 21 South Putt Corners Road, New Paltz, New York 12561. The issues conference will continue to Thursday, July 22, 2010, and Friday, July 23, 2010, if necessary, at a time to be determined at the July 21, 2010, session of the issues conference.

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 July 12, 2010. 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: Mark D. Sanza, 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 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
June 9, 2010

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