ML18018B286
| ML18018B286 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 07/20/1977 |
| From: | Eric Thomas LeBoeuf, Lamb, Leiby & MacRae, Niagara Mohawk Power Corp |
| To: | Case E Office of Nuclear Reactor Regulation |
| References | |
| Download: ML18018B286 (22) | |
Text
NRC FORM 14>~(2-75)U.S.NUCLEAR REGULATOR OMMISSION DOCKET NUMBER d XO~TO: Mr.Edson G, Case FROM: LeBoeuf, Lamb, Leiby&MacRae Washington, D CD Eugene Bi Thomas Jr~NRC DISTRIBUTION FOR PART 50 DOCKET MATERIAL~QIEQNU BE 8~DATE OF DOCUMENT 7/20/77 OATE RECEIVEO 7 26/77 LETTER RIG INAL COPY OESCRIPTION C}NOTORIZEO UN C LASS I F I E 0 PROP INPUT FORM ENCLOSURE NUMBER OF COPIES RECEIVEO S'onsists of A"letter concerning the Aquatic Advisory Committee at the Nine Mile Point site with attached stipulation referred to in the second paragraph of letters~~~~PLANT NAME: Nine Mile Point l/Fitzpatrick l R JL 7/26/77 FOR ACTION/INFORMATION DO NOT RZlgOyp~~KNOWLEDGED wcC-mc 4'NVIRHNMENTAL T MANAGER: EN ING ASSISTANT:
ASSIGNED AD: Vo MOORE LTR BRANCH CHIEF PROJECT MANAGER: LICENSING ASSISTANT:
Bo HARLESS INTERNAL 0ISTRI BUTION TFMS SAFETY HEINEMAN E ER ENGINEERING PLANT SYSTEMS TEDESCO BENAROYA IPPOLITO OPERATING REACTORS SITE SAFETY&ENVIRON ANALYSIS DENTON&MULLER ENVIRO TECH ERNST BALLARD GBLOOD BAER CHECK AT I E G EXTERNAL DISTRIBUTION SITE ANALYSIS VOLLMER BUNCH J+COLLINS KREGER CONTROL NUMBER TIC REG TV J HANCHETT 16 CYS ACRS SENT CAT NRC FORM 195 I2 75)GO Y NSIC~772pjp258 p(,!I t i'g I l~u LEBOEUF, LAMB, LEIBY 8 MACRAE I757 N STREET, N.W.wAsHwevotu, D.c.20036 k<~leoe,'IQIp cf4]LEON A.ALLEN.JR.JOSEPH K.BACHKLDER,ZX ERNEST S.BALLARD, JR, G.S PETER BERGEN 4 GEOFFRY O.C.BEST DAVID P.BICKS TAYLOR R.BRIGGS CHARLES N.BURGER THOMAS E.BURKE ROGER D.FELDMANi EUGENE R.FIDKLLi4 JACOB FRIEDLANDKR DONALD J.GREENE JAMES A.G REER 2Z l JOHN L.GROSK DOUGLAS W.HAWKS CARL D.HOBELMAN MICHAEL IOVENKO JAMES F.JOHNSON,@TH RONAI.D D.JONES LKX K.LARSONi4 GRANT S.LEWIS CAMERON F.MAcRAE 6 CAMERON F.MACRAEi2IE GERARD A.MAHKR SHEILA H.MARSHALL JAMES G.McKLROY JAMES P.McGRANERY.
JRil PHILIP PALMER McGVIGAN JAMES 0 MALLEY, JR.4 J.MICHAEI.PARISH JOHN A.RUDY PAUL G.RUSSELL HAROLD M.SEIDKL CHARLES P.SIFTON HALCYON G.SKINNER JOSEPH S.STRAUSS SAMUEL M.SUDDEN EUGENE B.THOMAS, JR i4 LEONARD M.TROSTKN HAR R Y H.VO I GT 04 H.RICHARD WACHTKL GERARD P.WATSON TELEPHONE 202 467 7600 CASLC ADDRESS LCSWIHs WASHINCTOH>
D'TCLCX: 440274 July 20, 1977 RANDALL J.LCSOCUFs JR I929 I976 ADRIAN C.LCISY IQSE I97B Cf CCVHSCI ARVIN E.UPTON i@0 BROADWAY NCW YORK,N.Y.IOOOS TELEPHONE CIC 269 IIOO CABLE ADDRESS LCBWIN, NCW YORK TELCX: 428@IS PRESIDENT PARTNERS WASHINGTON OFFICE LADMITTED TO THE DISTRICT OF COLUMBIA BAR Mr.Edson G.Case C~r Acting Director Office of Nuclear Reactor Regulation U.S.Nuclear Regulatory Co'mme;ssion Washington, D.C.20555>STDWFD<, Re: NRC Docket Nos.50-220 a'nd'5'Q-'3'33
Dear Mr.Case:
As counsel for the licensees in the above-captioned dockets I hereby transmit a letterconcerning the Aquatic Ad-visory Committee at the Nine Mile'Point, site.I For your convenience I'lso enclose a copy of the stipulation referred to in the second paragraph of that letter.Sincerely yours, Eugene B.Thoma,s, Jr.Enclosures cc: Ms.Suzanne Webe'r Bernard Bordenick, Esp.Harry Glasspiegel, Esp.772070268:
-('-f, f~, p I f'f tv f'I I'f I I~t'f*ff I t I I I'lf~1 II~'vti t fh'I'tf t t.*tv" F I'I f I I Lt)I f t v I I If lff I I hf hf I\f I GERALD K.RHODE VICE PR99IDCNT NIAGARA MOHAWK POWER CORPORATION
~~i)le NIAGARA~MOHAWK 300 ERIE SOULEVARD WEST SYRACUSE, H.Y.ISEOE July 14, 1977 Mr.Edson G.Case A.cting Director Office of Nuclear Reactor Regulation U.S.Nuclear Regulatory Commission Washington, D.C, 20555 Re: NRC Docket Nos.50-220 and 50-333
Dear Mr.Case:
We have received a copy of a letter from Suzanne Weber dated June 10, 1977 addressed to the Director of the Office of Nuclear Reactor Regulation.
In her letter Ms.Weber complains of the fact that recently proposed changes in the environmental technical specifications for the James A.FitzPatrick Nuclear Power Plant and¹ne Mile Point Nuclear Unit No.1 were not submitted to the Aquatic Advisory Committee for its review and recommendations prior to being submitted to the NRC.Ms.Weber then requests that the NRC defer consideration of the pro-posed environmental technical specification changes until the Aquatic A.dvisory Committee can"thoroughly review and make recommendations to NMPC and PASNY, and to your office, concerning these changes." Ms.Weber has completely misconstrued the function and legal status of the Aquatic Advisory Committee.
That Committee was created by stipulation among NMPC, PASNY and Ecology Action in April, 1973.Under the terms of the stipulation neither the Committee nor its recom-mendations have any role with respect to compliance with NRC license conditions or other NRC requirements.
The function of the Committee is to review the results of aquatic environmental programs being carried out at the¹ine Mile Point site, in order to evaluate (1)the adequacy of those programs and their implementation, and (2)the impact of Plant operations on the aquatic environment.
Based on that review, the Committee may make recommendations to NMPC and PASNY, including recommendations as to the need for expansion, modification or elimination of existing aquatic monitoring programs.NMPC and PASNY would, of course, give consideration to any Committee recommendations in this regard.
P n ,n J ca~~caw sz i>>ns~~e y s\ex I Mr.Edson G.Case July 14, 1977'owever, neither NMPC nor PASNY is required under the stipulation to solicit the views of the Committee before submitting any particular docu-ment or taking action before either the NRC or any other body.Consistent with the function of the Committee described above, the stipulation requires NMPC and PASNY to distribute to the Committee for its review the reports of the monitoring organizations.
Such reports have over the last four years consistently been made available to the Committee.
However, those are the only documents required to be distri-buted to the Committee.
Proposed changes to environmental technical specifications are not required to be distributed, as suggested by Ms.Weber.By no stretch of the, imagination does the stipulation require Committee review of proposed technical specification changes prior to NRC consideration of or action on such changes.T~'urther, the Committee does not have the function under the stipulation of making recommendations to NRC.Deferral by NRC of its consideration of the recently proposed changes to environmental technical specifications, as suggested by Ms.Weber, would be improper and inconsistent with the NRC's obligation to process applications expeditiously.
Very truly yours, Dated: July 14, 1977 Gerald I4.Rho g Vice President-Engineering Niagara Mohawk Power Corporation Dated;July 19, 1977 George T.B ry General Manager and Chief Engineer Power Authority of the State of New York cc:Ãs.Suzanne Weber Bernard Bordenick, Esq.Harry Glasspiegel, Esq.
BEFORE THE UNITED STATES ATOMIC ENERGY COI"01ISSION
" II.PPCFETEP.6QEC 7gy o gg73.=Off lcc ct tt$,,c Pcbl(c p~~c,"~~Bracg In the 1fatter of PO>KR AUT110RITY OF TIIE STATE OF HEtl YORK and NIAGARA M011AitK POWER CORPORATION (James A.FitzPatrick Nuclear Power Plant))))))))Doc1;et Ho.50-333 NIAGARA MOHAWK POVER CORPORATION
)(Nine Mile Point Unit 2))Docket go'0-410 STIPULATX0:7 P Power Authority of the State of Hew York ("PASHY"), Hie>are Mohawk Power Corporation
("NMPC")and Ecology Action and Suzanne liber g1 I j ("Intervenors")
hereby stipulate as follows: (1)Xntervenors, being parties to the AEC licensing pro-ceeding on the James A.FitzPatrick Nuclear Power Plant (Docket No.50-333), hereby withdraw all portions not previously withdrawn of contention 7 in the Affidavit accompanying their Petition to inter-vene dated November 2, 1972, as later supplemented.
(2)Xntervenors, being parties to the AEC proceeding on Niagara 11ohawk Power Corporation's application for a construction permit for Nine Mile Point Unit 2 (Docket Ho.50-410), hereby withdraw contention 4(d)in the Affidavit accompanying their Petition to
~~~h Intervene dated October 24;1972, as later supplemented.
Such , withdrawal shall not affect the right of Intervenors to raise appropriate issues at the operating license stage of this pro-ceeding.(3)PASNY and NMPC will perform the following monitoring as a part of their aquatic monitoring program for the Nine 5%le Point Site: (a)Sampling for plankton at fixed stations will be carried out by PASNY and%PC.Sampling of ichthyoplankton will be done at the surface and bottom at five stations along three semi-circular transects of 1, 3 and 5 mile radii emanating from the plant site.Sampling of phyto-plankton and zooplankton will be done at the plant site and at east and west controls, at at least four different.water depths at each location.In addition, mobile sampling for plankton will be'carried out through the coordinated use of aerial observations and boat collectS.on.The sampling area will be the area within eight kilometer radii of the discharges from the respective nuclear facilities.
The number of samples collected at each time will be no less than, three for each, distinct"plankton
pulse." Vertical sampling as well as horizontal sampling will be carried out.Xf no'distinct"plankton pulse" is apparent,"grab selection" from a boat will be made.Both net and nannoplankton populations will be collected by mobile sampling.Samples from both fixed and mobile monitoring will be analyzed both quantitatively and qualitatively by micro-scopic techniques.
Total radioactivity (gross beta)determinations for representative samples of plankton wiU.be made for each collection.(b)Peri h ton Studies-Periphyton investigations will be attempted along transects off Nine Nile Point and at east and west controls.At stations located in 5, 10, 20, 30 and 40 ft.of water along the transects, multiple slides.will be placed near the bottom.The slides will be examined both quantitatively and qualitatively by microscopic techniques.
Xntervenors have proposed a system of fixed stations for the collection of periphyton samples of a type which would permit sampling to be done at different water levels (vertical sampling).
A technique of instal1ing.
such stations in such a way that the samples are not likely to be lost has not yet
been established to the satisfaction of PASHY and NHPC.PASNY and NMPC will, however, install three.such stations on a trial basis in addi.tion to the bottom sampISng stations previously described.
Each station will be equipped with a peri-phyton apparatus which will provide for the collection of samples for'at least four different water levels..Prom each apparatus at each level two slides wiII be examined both quantitatively and qualitatively by microscopic techniques.
Installation of such stations will be completed as soon as practicable and no later than July 1, 1973.Each vertical station will also be supplied wi.th appropriate containers in which biomass material (e.g., fish, clams, algae)will be suspended.
Such material will be retrieved and analyzed for the presence of Cesium-137 and Strontium-90.
The sampling described in this paragraph will be undertahen by July 1, 1973.If, in developing th'e methodology for the sampling described in this paragraph, an alternate method appears preferable, then PASNY, RRC and Ecology Action may by mutual agreement substitute such alternate method, At the end of one year the feasibility and the usefulness of such vertical stations will be eva1uated by PASNY and NMPC to determine whether the technique should be adopted for the monitoring program in lieu, of or in addition to bottom sampling.The technique of suspension of biomass
material and radioactivity analysis thereof will be sind.larly evaluated.
These evaluations and determinations would be an appropriate subject for review by the hdvisory Committee described in Section (4)below, (c}Pre uenc of Sam lin-Both the fixed and mobile sampling and analysis of plankton described in Subsection (a)above, and the fixed sampling and analysis of periphyton described in Subsection (b)above, will be performed at least, once per month, weather permitting.
Xn addition, such sampling vill be performed at least twice per month for the months of ofay thxough August, except for Hay and June, 1973.Such sampling will be continued for a minimum of three years.For each, sampling period lake water samples will be collected at the same tine md location as the biological samples.These samples will be monitored in the field for.dissolved oxygen, temperature, specific conductance, carbon dioxide and pH.They wiU.also be analyzed in the laboratory for: 1.Total and ortho-phosphorus 2.Tota1 K)eldahl nitrogen 3.Ammonia nitrogen 4.Nitrate nitrogen 5.BOD5 6.COD l
7.Total solids'.Total non-filterable solids (suspended) 9.Silicon 10.Turbidity 11..Chlorophyll (4)Monitorin Assessment There will be created an Aquatic Environmental Studies Advisory Committee.
The purpose of the Committee will be to review in an advisory capacity the results of the aquatic environ-mental monitoring programs being carried out by RiPC and PASNY in the vicinity of the Nine Mile Point site in order to evaluate: (1)the adequacy of the programs and their implementation and the need for their expansion, modification or elimination, and (2)the impact of plant operations at Nina Mile Point on the aquatic environment.
The Committee shall consist of technically qualified members, one appointed by PASNY, one by?6PC, and two by Ecology Action.One membership in the Committee will also be available to each governmental agency listed below, should such agency desire to participate:
0.S.Atomic Energy Commission" U.S.Environmental Protection Agency New York State Department of Environmental Conservation Oswego County Department of Health.Memberships other than those listed above may be added to the Committee from time to time by mutuaL agreement among PASNY, AiPC and Ecology Action.
All reports of.the organization(s) performing the monitoring which are submitted to PASNY and NHPC will also be distributed to other Committee members on a current basis.Such reports will be submitted at least twice per year and will comprehensively report the results of monitoring Yeetings of the Committee will be held semiannually and scheduled as deemed appropriate and convenient.
The Committee will provide, at least annually and more frequently if deemed appropriate, to NMPC and PASNY a report of.its conclusions and recommendations.
Such reports will be available to all interested parties and to the public.Hembers other than those who are employees of PASNY and N"PC will be entitled, for attendance at Committee meetings, to compensation of$150 per day plus reimbursement for out-of-pocket expenses.The cost of such compensation will be borne by PASNY and bHPC.A member entitled to receive such compensation may elect not to receive it, or may elect to receive reimbursement for out-of-pocket expenses alone.POWER AUTHORXTY OF THE STATE OF NEW YORK and.NIAGARA MOHAWK POWER CORPORATXON Dated: April~7, 1973 Lex K.LarsonECOLOGY ACTEON and SUZ HEBER Dated: April S , 1973'y Richard X.Goldsmith
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