ILECEIVED
(1
FRI<’S OFFICE
BEFORE
THE LLLLNOIS POLLUTION CONTROL BOARD
!.\UG
09
ZOOl
~i~IL
OF ILLINOIS
T’CIIutiOn Control
Board
IN THE MATTER OF:
)
)
)
PROVISIONAL VARIANCES FROM
)
WATER TEMPERATURE STANDARDS:)
PROPOSED NEW 35111. Adm.
Code
)
301. 109
)
RO1-31
(Rulemaking
—
Water)
NOTICE
OF FILING
TO:
Dorothy M.
Gunn
Clerk ofthe Board
Illinois Pollution Control Board
James R.
Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, illinois
60601
(VIA FIRST CLASS MALL)
Andrew Boron, Esq.
Hearing Officer
Illinois Pollution Control Board
James R.
Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FIRST CLASS MALL)
(PERSONS
ON ATTACHED SERVICE
LIST)
PLEASE TAKE NOTICE that I have today filed with the office ofthe Clerk of
the Pollution Control Board the Pre-Filed Testimony ofJohn R. Petro ofExelon Corporation, a
copy ofwhich is herewith served upon you.
EXELON CORPORATION
By One ofIts Attorneys
DATED: August 9,2001
THIS FILING SUBMITTED ON
RECYCLED PAPER
Sharon Neal
EXELON CORPORATION
Bank One Plaza
10
5. Dearborn Street
Chicago, Illinois 60603
312-394-4120
Alan P. Bielawski
SIDLEY AUSTIN BROWN &
WOOD
Bank One Plaza
10
5. Dearborn Street
Chicago, Illinois 60603
312-853-7000
THIS FILING SUBMITTED
ON RECYCLED PAPER
2
SERVICE LIST
Debbie
8ruce
Illinois Dept of Natural Resources
600 N
Grand Avenue West
Springfield,
IL 62701
Susan
M. Franzetti
Sonnenschein Nath & Rosenthal
8000 Sears Tower
Chicago,
IL 60606
Mike
Hooe
IL Chapter ofAmeican Fisheries Society
416 Briarwood Drive
Salem,
IL 62881
Robert T. Lawley
Chief Legal counsel
Department of Natural Resources
524 5.
Second Street
Springfield,
IL 62701-1787
William
Murray
Regulatory Affairs
Manager
Office ofPublic Utilities
800 E Monrve St
Springfield,
IL 60601
David L Rieser
Ross & Hardies
150
N.
Michigan Ave.
Ste. 2500
Chicago, IL 60601
Deborah Williams
Illinois EPA
1021
N Grand Ave
E P0 Box 19276
Springfield,
IL 627949276
Julia
Wozniak
Midwest Generation
One Financial Place 440 5 LaSalle St Ste 3500
Chicago,
IL 60605
Stanley
Yankauski
IL Dept Of Natural
Resources
5245 Second Street
Springfield,
IL 62701-1787
Robert A.
Messina
Illinois Environmental
Regulatory Group
215 East Adams Street
Springfield, Illinois
62701
(217)
522-5512
IIECEIVED
CLERK’S
OFFICE
~UG
(9
ZOOl
STATE OF ILLINOIS
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARfl’ollutlon
Control
Board
IN THE MATTER OF:
)
)
PROVISIONAL VARIANCES FROM
)
RO1-3 1
WATER TEMPERATURE STANDARDS:)
(Rulemaking)
PROPOSED NEW,
35111. Adm.
Code
)
301.109
)
PRE-FILED TESTIMONY OF JOHN R. PETRO
NOW COMES the EXELON CORPORATION (“Exelon”),by its
attorneys, Sharon M.
Neal
and Alan Bielawski, and submits the following Pre-Filed Testimony ofJohn R.
Petro for presentation at the hearing scheduled in the above-referenced
matter:
TESTIMONY OF JOHN R. PETRO
Oualifications
My name is John Petro.
I am currently the Nuclear Generation Support
Environmental Manager forthe Mid-West Regional
Operating Group ofExelon
Corporation.
I have been in this position since October 2000.
I received my B.S. degree
in Biology/Chemistry from Illinois Benedictine College in 1973.
Iwas first employed by
Commonwealth Edison (“CornEd”),Exelon’spredecessor company, and a wholly owned
subsidiary ofExelon, in March
1974.
I have worked for CornEd/Exelon since that time.
Prior to holding my current position ofNuclear Generation Support Environmental
Manager, I served as: Radwaste Specialist within CornEd’sCorporate Office, from
1998
to October 2000;
Supervisor ofChemistry within CornEd’s Corporate Office, from 1993
to
1998; Chemistry Manager at Braidwood
Station, from 1988 to
1993;
Shift
THIS
FILING
SUBMITTED
ON
RECYCLED
PAPER
1
Engineer/Planner at Braidwood Station,
from 1984 to
1988; Technical Staff/Engineer at
Braidwood Station,
from
1978 to
1984; and
StaffBiologist in CornEd’sEnvironmental
Affairs Department from 1974 to
1978.
My duties as Nuclear Generation Support Environmental Manager forthe Mid-
West Regional
Operating Group (“MWROG”) includeproviding environmental program
oversight
and governance to ensure regulatory performance in accordance with applicable
permits and other requirements.
The MWROG includes six nuclear generating stations:
Byron, Braidwood, Clinton,
Dresden, LaSalle,
Quad Cities.
Through my employment at
CornEd/Exelon, I have become familiarwith water quality and thermal regulations
including those regarding the provisional variance process. My current responsibilities
include oversight ofthe thermal and water quality performance ofthe MWROG stations.
I have performed numerous thermal plume studies on the Illinois River and have been
involved in our plants’monitoring activities aimed at assuring compliance with thermal
requirements.
Introduction ofTestimony
Exelon appreciates the opportunity to offer testimony regarding this rulemaking,
which is ofsignificance to our company.
Exelon filly
supports the pre-filed testimony
submitted by Deirdre K. Hirner on behalfofthe Illinois Environmental Regulatory Group
(“IERG”), ofwhich Exelon is a member, including IERG’salternative regulatory
proposal.
Exelon has worked closely with 1ERG regarding this rulemaking.
In addition,
Exelon concurs with the points raised in Midwest Generation’spre-filed testimony that
support this alternative language.
Exelon wishes to provide testimony specifically
THIS FILING SUBMITTED ON RECYCLED PAPER
2
regarding the importance ofpreserving an
expeditious provisional variance process to
provide short-term relief to companies
facing urgent situations.
Exelon Generation
In Illinois, Exelon owns
and operates six nuclear power plants.
The plants
produce electrical energy for more than 3.1
million residential customers and 326,000
commercial, industrial and institutional customers..
In light ofthe plants’ significant
cooling water requirements, each is designed to operate within thermal limits imposed by
the Board’sregulations or site specific standards
and operating requirements that have
been demonstrated in
proceedings before the Board or U.S.EPA to
be protective ofthe
environment.
For example, Braidwood, LaSalle,
Dresden and
Clinton all utilize
cooling
ponds; Dresden and Byron use cooling towers and Quad Cities uses a system ofdiffuser
pipes.
These cooling water systems were constructed at costs ofmany millions ofdollars
in order to allow the plants to operate within thermal limits.
Exelon closely monitors the thermal aspectsof its nuclear stations’operations in
order to assure compliance.
Exelon seeks to respond to potential thermal difficulties
before they are imminent.
Toward this
end, Exelon has installed and enhanced its
cooling water systems,
as described above.
Exelon also relies on extensive computer
modeling ofriver/lake and weather conditions in
order to anticipate thermal problems and
determine appropriate responses, which may include reducing power output.
THIS FILING SUBMITTED ON RECYCLED PAPER
3
Use ofThermal Provisional Variances
Despite these efforts to assure compliance with thermal requirements,
ComEd/Exelon has at times sought temporary relief from applicable thermal
requirements by requesting provisional variances to allow the plants to use more than
their allotted “excursion hours.”
Applicable state regulations
and NPDES permits for the
plants require that the plants’ discharges not exceed
maximum numeric temperature
standards, except for a certain percentage ofthe hours per year during which the plants
may exceed that limit up to a specified limit.
We refer to these as “excursion hours.”
The need for these provisional variances arose
from a number of different
circumstances, including
equipment failures, maintenance outages, and a combination of
high ambient temperatures and humidity values along with low river flow rates.
Provisional variances sought
as a result ofequipment failures or extreme weather
conditions were often accompanied by peak power demands.
This combination created
urgent situations that required expeditious responses.
Working with lEPA,
ComEd/Exelon has been was able to utilize the provisional variance process to secure
needed regulatory relief under these exigent circumstances and thereby avoid threatened
power losses to its customers.
LEPA has explained that the proposed rules were developed to clarify and
document the requirements applicable to provisional variance petitioners.
Exelon has
found the existing law and procedures regarding provisional variances to provide ample
detail and notice ofthe information that we have been required to include in provisional
variance petitions and ofLEPA’sbroad discretion to grant and condition any provisional
variance recommendation.
THIS FILING SUBMITTED ON RECYCLED PAPER
4
CU]
2235664v1
Moreover, as also discussed by IERG, the proposed rules unnecessarily restrict
JEPA’s decision-making flexibility
and impose unneeded procedural requirements,
thereby threatening to interfere with one ofthe the key objectives ofthe provisional
variance process, which is to provide expedited relief
The ability to seek short-term
expedited relief in emergency situations is ofgreat importance to Exelon.
Ifthe proposed
rules necessitate longer review and recommendation timeframes, then the need to retain
the existing emergency provisional variance procedures in their current form becomes all
the more important.
LERG’stestimony also emphasizes the significance ofpreserving the
distinction between “regular”provisional variances
and those designated “emergencies.”
(IERG Testimony, pp.
15-16).
Exelon has expended and will continue to dedicate substantial resources and
efforts to assure, on a long-term basis, compliance with applicable thermal requirements.
While we clearly recognize the limited circumstances under which the provisional
variance process should be utilized, we also deeply appreciate its
significance and
usefulness in response to severe conditions.
The usefulness ofthis process
is threatened
if it becomes more complicated and delayed by the imposition ofthe proposed rules.
Respectfully submitted,
/
ByN
4
DATED:
August 9,2001
THIS FILING SUBMITTED ON RECYCLED
PAPER
5
Sharon Neal
EXELON CORPORATION
Bank
One Plaza
10
5. Dearborn Street
Chicago, Illinois 60603
312-394-4120
AlanP. Bielawski
SIDLEY AUSTIN BROWN &
WOOD
Bank One Plaza
10
5.
Dearborn Street
Chicago, Illinois 60603
312-853-7000
THIS FILING SUBMITTED ON RECYCLED PAPER
6
CERTIFICATE OF SERVICE
I, Alan P. Bielawski,
certify that I have
served a copy ofTHE PRE-FILED
TESTiMONY OF JOHN R. PETRO OF EXELON CORPORATION, upon:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Andrew Boron, Esq.
Hearing Officer
Illinois Pollution Control Board
James R.
Thompson Center
100 West Randolph Street
Suite
11—500
Chicago, illinois 60601
SEE ATTACHED SERVICE LIST.
by depositing said document in the United States Mail in Chicago, Illinois
on August 9, 2001.
TillS
FILING SUBMITTED
ON RECYCLED PAPER
SERVICE
LIST
Debbie
Bruce
Illinois Dept of Natural Resources
500
N
Grand Avenue West
Springfield,
IL 62701
Susan
M. Franzetti
Sonnenschein
Nath & Rosenthal
8000 Sears Tower
Chicago, IL 60606
Mike
Hooe
IL Chapter of Ameican Fisheries
Society
416
Briarwood
Drive
Salem,
IL 62881
Robert T. Lawley
Chief Legal counsel
Department of Natural
Resources
524 5.
Second Street
Springfield,
IL 62701-1 787
William
Murray
Regulatory Affairs
Manager
Office of Public Utilities
800 E Monroe St
Springfield,
IL 60601
David L. Rieser
Ross & Hardies
150 N.
Michigan Ave. Ste. 2500
Chicago, IL 60601
Deborah
Williams
Illinois EPA
1021
N
Grand Ave E P0 Box 19276
Springfield,
IL 62794-9276
Julia
Wozniak
Midwest Generation
One Financial
Place 440 5 LaSalle
St Ste 3500
Chicago, IL 60605
Stanley
Yankauski
IL Dept Of Natural Resources
5245 Second Street
Springfield,
IL 62701-1787
Robert A. Messina
Illinois Environmental
Regulatory Group
215 East Adams Street
Springfield,
Illinois
62701
(217)
522-5512
