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

May 21, 2014

Entergy Indian Point Nuclear Units 2 and 3
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC COMMENT HEARING AND ISSUES CONFERENCE

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

DEC Application Numbers: 3-5522-00011/00004 (SPDES No. NY-0004472)
3-5522-00011/00030 (WQC - IP2) and
3-5522-00105/00031 (WQC - 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 structure 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.

SPDES Permit: Applicant has applied to the New York State Department of Environmental Conservation (DEC or Department) to renew its State Pollutant Discharge Elimination System (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 Indian Point facilities' SPDES permit was extended by operation of the State Administrative Procedure Act. On April 8, 2003, upon review of the renewal application, the Department 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. Public notice of the availability of the draft permit was published on November 12, 2003. The full text of the notice of availability of the draft SPDES permit can be found on DEC's website. Electronic versions of the draft SPDES permit (PDF) (558 KB) and the November 2003 fact sheet (PDF) (247 KB) are available on DEC's website.

Water Quality Certificate (WQC):On April 6, 2009, the Department received a joint application for a federal Clean Water Act (CWA) § 401 Water Quality Certificate (WQC) on behalf of Entergy Nuclear Indian Point Unit 2, LLC, and Entergy Nuclear 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). Department Staff determined that the continued operation of the Indian Point facilities, as proposed in the application, did not meet State water quality standards. Based upon this determination, Department staff 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. Applicant made a timely request for a hearing, and public notice of the hearing was published on June 9, 2010.

Permanent Forced Outages: Hearings to consider the issues raised by the SPDES permit and Section 401 WQC applications have been ongoing. By letter dated September 12, 2013, Department staff advised the parties and the administrative law judges (ALJs) presiding over the hearings that Department staff intended to present additional evidence on permanent forced outages for fish protection at the Indian Point facilities as an additional technology to satisfy the requirement of 6 NYCRR 704.5. Applicant moved for judgment as a matter of law to preclude adjudication of this alternative. In a ruling dated October 18, 2013, the ALJs directed that the issue be adjudicated, and as further directed, Department staff timely provided an offer of proof on Friday, November 8, 2013. As set forth below, a public comment hearing and issues conference have now been scheduled to allow any interested persons an opportunity to offer comments. Interested persons may also file a petition for party or amicus status in conformance with 6 NYCRR Part 624 in order to participate in the adjudication of this issue. A fact sheet dated May 9, 2014 (PDF) (317 KB) can be found on DEC's website.

Additional Regulatory Provisions: In addition to the specific statutes and regulations cited above, the 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 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). The 401 WQC is also being processed pursuant to 6 NYCRR 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. A coordinated review was conducted and NYSDEC, as the lead agency, has determined that the project may have a significant adverse effect on the environment. The Department issued a Notice of Complete Application dated February 28, 2000, which was published in the Department's Environmental Notice Bulletin (ENB) on March 8, 2000, and 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. The NRC relicensing process was the subject of a federal Supplemental Environmental Impact Statement (see 6 NYCRR 617.15).

Pursuant to section 617.9(a)(7) of 6 NYCRR, the Department determined that a supplemental environmental impact statement (SEIS) must be prepared in connection with the proposal. The determination to require an SEIS was set forth in the August 13, 2008 Interim Decision of the Assistant Commissioner in Matter of Entergy Indian Point 2, LLC and Entergy Indian Point 3, LLC. The full text of the Interim Decision is available. As stated in the Interim Decision, the SEIS is to address other, potentially significant adverse environmental impacts associated with the proposed installation and construction of a closed cycle cooling system for the two operating Indian Point facilities that were not fully addressed in the June 2003 Final Environmental Impact Statement (FEIS). An electronic version of the FEIS is available at http://www.dec.ny.gov/permits/54649.html.

A notice of intent to prepare a supplemental environmental impact statement was published on September 9, 2009.

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 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 : The project is located in a coastal management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

Document Availability :

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

The application materials, the November 2003 and the May 9, 2014 fact sheets, Draft and Final EIS, and the draft SPDES permit, as well as the 401 WQC application and April 2, 2010 letter from Department staff denying the 401 WQC application, are available for review at the following locations during normal business hours between 9:00 a.m. and 4:00 p.m., Monday through Friday:

1. NYSDEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, New York 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, New York 12561. Contact: Dan Whitehead, Regional Permit Administrator, 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 issue of permanent forced outages must be postmarked by Friday, July 11, 2014, and sent to Administrative Law Judge Maria E. Villa, NYSDEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, New York 12233-1550.

Public Comment Hearing : A public comment hearing session to receive unsworn statements from the public regarding the issue of permanent forced outages will be held at 2:00 p.m. and 7:00 p.m. on Tuesday, July 22, 2014 at the Colonial Terrace, 119 Oregon Road, Cortlandt Manor, New York. All persons, organizations, corporations, or government agencies that may be affected are invited to attend the hearing and to submit oral or written comments on the issue of permanent forced outages. It is not necessary to file in advance to speak at the public comment 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 ten 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 issues conference will be held at 10:00 a.m. on Wednesday, July 23, 2014, 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 24, 2014 if necessary, at a time to be determined at the July 23, 2014 session of the issues conference.

The purpose of the issues conference will be to determine party status for any person or entity who has properly filed a petition, as described below. The issues conference will consider only the issue of permanent forced outages, as described above. Participation at the issues conference will be limited to Department staff, applicants, those persons and entities already a party or amicus party to the SPDES or WQC proceedings, 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).

No petitions for party status are required to be submitted by any person or entity that is presently a party or amicus party to the SPDES or WQC proceedings in order to participate in the issues conference or in the adjudication of the issue of permanent forced outages. Specifically, no petitions are required from Riverkeeper, Inc., Scenic Hudson, Inc., Natural Resources Defense Council, the County of Westchester, the Town of Cortlandt, Richard Brodsky, the City of New York, the African American Environmentalist Association, the Independent Power Producers of New York, or Central Hudson Gas and Electric Corporation.

All filings for party or amicus status must be received at the Department's Office of Hearings and Mediation Services by 5:00 p.m. on Wednesday, July 2, 2014. 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, 1st 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. Petitions sent via telefacsimile will not be accepted. E-mailed petitions will be accepted but must be received no later than 5:00 p.m. on Wednesday, July 2, 2014. A hard copy of the e-mailed petition must be mailed, postmarked by no later than 5:00 p.m. on Wednesday, July 2, 2014, to the ALJs and to the persons listed below. The e-mail addresses for the administrative law judges are mevilla@gw.dec.state.ny.us and dpoconne@gw.dec.state.ny.us. As noted above, send hard copies at the same time and in the same manner to the persons listed below:

Mark D. Sanza, Esq.
Assistant Counsel
Counsel for Department Staff
New York State Department of Environmental Conservation
Division of Legal Affairs
625 Broadway, 14th Floor
Albany, New York 12233-1500
518-402-9195
mdsanza@gw.dec.state.ny.us

Kevin P. Martin, Esq.
Goodwin Procter LLP
Counsel for Applicant
Exchange Place
Boston, Massachusetts 02109
617-570-1612
kmartin@goodwinprocter.com

Mark Lucas, Esq.
Staff Attorney
Counsel for Riverkeeper Inc.,
Scenic Hudson, Inc., and
The Natural Resources Defense Council
Riverkeeper, Inc.
20 Secor Road
Ossining, New York 10562
914-478-4501
mlucas@riverkeeper.org

Robert Sweeney, Esq.
Counsel for African American Environmentalist Association
Whiteman, Osterman & Hanna
One Commerce Plaza
Albany, New York 12260
518-487-7600
rsweeney@woh.com

Norris McDonald
President
Center for Environment, Commerce & Energy
African American Environmentalist Association
1629 K Street, N.W., Suite 300
Washington, D.C. 20006
443-569-5102
240-607-6716
norrismcdonald@msn.com
norrismcdonald@cfece.org

Richard L. Brodsky
2121 Saw Mill River Road
White Plains, New York 10607
914-720-8830
richardbrodsky@gmail.com

James J. Wenzel, Esq.
Christopher Inzero, Esq.
Assistant County Attorneys
Counsel for the County of Westchester
Office of the Westchester County Attorney
600 Michaelian Office Building
148 Martine Avenue
White Plains, New York 10601
914-995-2660
jjw1@westchestergov.com
cji3@westchestergov.com

Daniel Riesel, Esq.
Counsel for Town of Cortlandt
Sive, Paget & Riesel, P.C.
460 Park Avenue, 10th Floor
New York, New York 10022
212-421-2150
driesel@sprlaw.com

Robert M. Loughney, Esq.
Couch White, LLP
Counsel for the City of New York
540 Broadway, P.O. Box 22222
Albany, New York 12201-2222
518-426-4600
rloughney@couchwhite.com

Robert J. Glasser, Esq.
Robert J. Glasser, P.C.
Counsel for Central Hudson Gas
& Electric Corporation
284 South Avenue
Poughkeepsie, New York 12601
Cellphone (preferred): 646-318-0522
845-486-5292
Bob.glasser@robertjglasserpc.com

James T. McClymonds
Chief Administrative Law Judge

Albany, New York
May 21, 2014

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