ML19256A160
| ML19256A160 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/13/1978 |
| From: | Ballard R Office of Nuclear Reactor Regulation |
| To: | |
| References | |
| NUDOCS 7811030182 | |
| Download: ML19256A160 (3) | |
Text
euci,U DuCUMENT ROOM m
UNITED STATES flVCLEAR REGULATORY C0!41ISSION DOCKET fl0. 50-286, FACILITY OPERATING LICENSE NO. DPR-64 POWER AUTHORITY OF THE STATE OF NEW YORK INDIAN POINT NUCLEAR GENERATING STATION, UNIT N0. 3 NOTICE OF DENIAL OF AMENDMENT APPLICATION The U. S. fluclear Regulatory Comission (the Comission) has denied the Power Authority of the State of New York's (the licensee) " Application for an Extension of the Period of Interim Operation Using the Installed Once-through Cooling System and Motion for Expedited Commission Consideration" dated August 7, 1978. The licensee seeks amendment of Condition 2.E.(1) of DPR-64 so as to extend the date for termination of operation with once-M o allow for (1) the Environmental Protection Agency (EPA) through cooling t
to reach an administrative decision in the pending discharge permit proceeding involving Indian Point 3 (and other steam-electric generating facilities on the lower Hudson River), (2) any judicial remedies from the EPA decision to be exhausted, and (3) the cooling tower, if required by EPA, to be constructed.
The Commission's denial is set forth in a letter dated October 13, 1978 from Harold R. Denton, Director -- Office of Nuclear Reactor Regulation to Paul J. Early, Assistant Chief Engineer - Projects of the licensee.
Briefly, the bases for the denial are:
(1) The Commission will be required to conform its license to whatever decision (including a compliance schedule for tower construction) is ultimately adopted by EPA; 1/ Condition 2.E.(1) presently requires termination of operation with once-
~
through cooling by September 15, 1980. By operation of Condition 2.E.(1)(e),
that date has now become September 15, 1982. The Commission will appropri-ately amend the license.
781103 o t% *
' (2) The EPA proceeding is still in process and the Commission does not, therefore, have the benefit yet of an EPA decision; (3) The Commission will have to analyze whatever decision EPA reaches and determine what type of evaluation is required under the Commission's regulations implementing the National Environmental Policy Act; and (4) The Commission expects that the EPA final administrative decision will be rendered sufficiently in advance of the once-through cooling termination date that the Commission will be able to take whatever action might be required prior to that date.
On these bases, the Commission determined that it is preferable to await the final EPA administrative decision before determining what action need be taken by the Comission and that there is no prejudice to the licensee from a denial of the application.
For further details with respect to this action, see (1) the licensee's Application and supporting affidavit and (2) the letter from Mr. Denton to Mr. Early. Both of these documents are available for public inspection at the Commission's Public Document Room, 1717 H Street, N.W. Washington, D.C.
20555 and at the White Plains Public Library, 100 Martine Avenue, White Plains, New York 10601.
A copy of item (2) may be obtained upon request addressed to the U.S Nuclear Regulatory Commission, Washington, D.C.
20555, Attention:
. Director, Division of Site Safety and Environmental Analysis.
Datcd at Bethesda, Maryland this / $
day of October, 1978.
FOR THE NUCLEAR REGULATORY COMMISSION pwtA$$
k Ron)ald L. Ballard, Chief Environmental Projects Branch 1 Division of Site Safety and Environmental Analysis