ML20062F998
| ML20062F998 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/13/1978 |
| From: | Ballard R Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML100271758 | List: |
| References | |
| NUDOCS 7812260039 | |
| Download: ML20062F998 (3) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-286, FACILITY OPERATING LICENSE NO. DPR POWER AUTHORITY OF THE STATE OF NEW YORP,.C
- ^8N 6g]SYI4 INDIAN POINT NUCLEAR GENERATING STATION, UNIT
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NOTICE OF DENIAL OF AMENDMENT APPLICATION '
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i The U. S. Nuclear Regulatory Comission (the Comission) has denied the l
Power Author'ity of the State of New York's (the licensee) " Application for an Extension of the Period of Interim Operation Using the Installed Once-l through Cooling System and Motion for Expedited Commission Consideration" dated August 7, 1978. The licensee seeks amendment of Ccndition 2.E.(1)
_)h of DPR-64 so as to extend the date for termination of operation with once-1/oallowfor(1)theEnvironmentalProtectionAgency(EPA) through cooling t
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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 dec.ision to be exhausted, and (3) the cooling tower, if required by EPA, to be constructed..
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The Comission's denial is set forth in. a letter dated October 13, 1978 t
frcm Harold R. Denton, Director -- Office of Nuch.tr Reactor Regulation to Paul J. Early, Assistant Chief Ecgineer'- Projects of the licensee.
i Briefly, the bases for the denial are: ~ (1) The Ccmission 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.(l) presently requires termination of cperation with once-
~ through cooling by September 15, 1980.
By operation of Condition-2.E.(1)(e),)
that date has now beccme September 15, 1982. The Comission will appropri-i atelf anend the license.
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(2) The EPA proceeding is still in process and the Comissicn does not,.
therefore, have the benefit yet of an EPA decision; (3) The Con:nission.
will have to. analyze whatever decision EPA reaches and determin'e what type.
of evaluation is required under the Commission's regulations implementing the National Environmental Policy Act; and (4) Tne Comission 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 detcrmining 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 frem Mr. Denson to Mr. Early. Both of these documents are available for public inspection at the Comission'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 requist addressed to the U.S Nuclear Regulatcry Ccmmission, Washington, D.C.
20555, Attention:
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., p,,. Director, Division of Site Safety and Enviionmental Analysis.
Dated at Bethesda, Maryland this [8 day of October,1978.
FORTHE'NUCLEARREGULITORYCOMMISSI0ti t
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R ald L. Ballard, Chief Environmental Projects Branch 1 3
Division of Site Safety and Environmental Analysis
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LdGEU;~, fj.,'jg POWER AUTHORITY 08 THE STATE 01: NEW -YORKi(..g~~.'.C..o..
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to CoLUMaus ClacLE NEW YORK. N. Y.1001N22/.'I, -J.l?!.C 5.
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RICHARD M. FLYNN WILDUR L. CRONBERG
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ROBERT L MILLONZ3 a==
===sa ses WILLIAM F. LUDDY
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arows,ooprunA110ses THO MA.S..P M.u.C.M.A NN. J November 13, 1978 Mr. H'arold R.'Denton w
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Office of Nuclear Reactor Regulation
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U.S. Nuclear Regulatory Commission g$,:.
%y Washington, D.C.
20555 g
,g Re: Indian Point Station, Unit No. 3 I
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$++ d Dkt. No. 50-286, OL No.
DPR-64 (Extension of Interim Oceration) 4
Dear Mr. Denton:
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Thank you for your letter of October 13, 1978, responding to the Power Authority's request for an extension of the period of interim operation of the Indian Point Station, Unit No. 3 facility using the installed once-through cooling system.
We understand your letter to indicate that the Comm.i.ssion will conform the Indian Point 3 license with the ultimate terms of the discharge permit to be decided upon under.the procedures set forth in the Clean Water Act.
We also appreciate the Staff's commitment to take a further look at the need for formal relief as the date for termination of once-through operation comes closer, and to withhold any enforcement action until the cooling system issue is fully resolved.
t We do not agree with every assertion in your letter, but your letter does as,a practical matter provide the firm commitment we had sought.
Our disagreement,s as to any. legal issues or future reviews that the Staff may feel an obligation to undertake need not be resolved now.
For these reasons, and 'in reliance o'n your letter, we-I do not feel a hearing at this time would be appropriate.
We look forward, however, to continued communication with the Staff concerning this matter, and shall follow with interest all developments in this and analogous cases as the Commission's policy with respect to its role in light of 5511(c) of the Clean Water Act continues to evolve.
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Thank. you for your prompt attention to our request.
Yours sincerely, I
Paul J. Early Ass #stant Chief Engineer -
Projects cc: Samuel H. Chilk, Esq.
Chairman, Atomic Safety and Licensing Appeal PanCA' Chairman Atomic Safety and Licensing Board' Panel Mr.
R.
Beecher Briggs Dr. Franklin C. Daiber Howard K. Shapar, Esq.
Stephen H. Lewis,Esq.
Sarah Chasis, Esq.
Jeffrey Cohen, Esq.
Paul S. Shemin, Esq.
Hon. Gaorce V. Began'y White rialns Public Librarv beg: Eugene R. Fidell, Esq. LeBoeuf, Lamb, Leiby & MacRae A. Martin C. Pratt Edward Sack
.- Con Edison Richard Jones - North Carolina Power & Light I
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