ML16341D404

Environ Protection Plan (Nonradiological) for Facilities App B to License DPR-82

ML16341D404
Person / Time
Site:	Diablo Canyon
Issue date:	08/31/1985
From:	NRC
To:
Shared Package
ML16341D403	List: ML16341D402 ML16341D404 ML16342B143
References
NUDOCS 8509060368
Download: ML16341D404 (40)

Text

APPENDIX B TO FACILITY OPERATING LICENSES NOS.

DPR-80 AND DPR-82 I

DIABLO CANYON NUCLEAR 'CEHERATIHG STATION, UNITS 1 AND.2 PACIFIC GAS AND ELECTRIC COMPANY DOCKET HOS.

50-275 and 50-323 EHVIROHMEHTAL PROTECTION P LAH (HOH-RADIOLOGICAL)

AUGUST 1985

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DIABLO CANYON NUCLEAR GENERATING STATION UNIT 1 EHYIROHMENTAL PROTECTION PLAN (HON-RADIOLOGICAL)

TABLE OF CONTENTS Section 1.0 2.0 2.1 2.2 Objectives of the Environmental Protection Plan Environmental Protection Issues Aquatic Issues Terrestrial Issues Page 2-1 2-1 2-2 3.0 3.1 3.2 3.3 4.0 4.1 4'. 2 Consistency Requirements Plant Design and Operation..

Reporting Related to the NPDES Permits and Certification Changes Requi red for Compliance with Other Regulations Environmental Conditions Unusual or Important Environmental Events Environmental Monitoring

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Environment al 3-1 3"1 3"2 3"2 4-1 4-1

'4-1 5.0 5;1 5.2 5.3 5.4 Administrative Procedures Review and Audit Records Retention Changes in Environmental Protection Plant Reporting Requirements Plan 5"1 5-1 5"1 5-1 5-1

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1.0 Objectives of the Environmental Protection Plan The Environmental Protection Plan (EPP) is to provide for protection of environmental values duri,ng construction and operation of the nuclear facility.

The principal objectives of the EPP are as follows:

(1)

Verify that the plant is operated in an environmentally acceptable

manner, as established by the FES and,other NRC environmental impact assessments.

(2)

Coordinate NRC requirements and maintain consist'ency with other Federal, State and local requirements for environmental protection.

(3)

Keep NRC informed of the environmental effects of facility construction and operation and of actions taken to control those effects.

Environmental concerns identified in the FES which relate to water quality matters are regulated by way of the licensee's NPOES permit.

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2.0 Environmental Protection Issues The. staff identified in the FES-OL dated 'Hay 1973 and FES-OL Addendum, dated Hay:-1976 certain environmental issues which required study or license con-ditions to resolve environmental concerns and to assure adequate protection of the environment during the operation of the Diablo Canyon Nuclear Generating Station Units 1 and 2.

On June 12, 1978,'he Atomic Safety and Licensing Board issued a partial initial decision in favor of licensing Diablo Canyon Units 1 and 2 subject to certain conditions for the protection of the environ-ment.

The conditions needed to resolve these concerns resulting from the environmental impact review are as follows:

2.1 Aquatic Issues Specific aquatic issues raised by the staff or the hearing board were:

(1)

The need to control the release of chlorine and study its effects on marine life (FES-OL Sections 3.5, 5.3, 6.3, 12.3, and 13.3)

(2)

The need to study the amount, persistence, and stabilization of foam generated by the discharge of cooling water (FES-OL Addendum Section 5.2, ASLB, p.

97)

(3)

The need to confirm that thermal mixing and current patterns occur as predicted and that heat treatment is limited.

(FES-OL Section 3.3 and 5.3; Addendum Sections 3.3 and 6.0)

(4)

The continuation of preoperational monitoring studies on intertidal and subtidal biota particularly bull kelp and abalone during operation.

(FES-OL Sections 3.5 and 6.0; Addendum Section 5.3 ASLB, p.

98)

(5)

The need for special studies to document levels of intake entrainment on eggs and larvae of fish and abalone and impingement on fish and invertebrates.

(FES-OL Sections 5.3 and 6,2; Addendum Sections 5.3 and 5';

ASLB p.

97)

Aquatic issues are now addressed by the effluent limitations, monitoring requirements, thermal effects study and Section 316(b) demonstration requirements contained in the NPDES permit issued by the California Regional Mater equality Control Board.

The NPDES permit includes applicable requirements of the State Water Resources Control Board Ocean Plan" and Thermal Plan. ""

The NRC will rely on this agency for resolution of the issues involving water quality and aquatic biota.

" Ocean Plan is an abbreviation for the Water equality Control Plan for Ocean Waters of California.

"*"Thermal Plan" is an abbreviation for the Mater equality Control Plan for Control of Temper ature in the Coastal and Interstate Waters and Enclosed Bays and Estuaries of California.

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2;2 Terrestrial Issues Specific terrestrial issues raisetl by the staff or the hearing board were:

(1)

A program to assure erosion control within the transmission line corridor.

(FES-OL Addendum Section 4.2.2)

This requirement shall be satisfied as follows:

Conditions and monitoring requirements for the control of erosion within the transmission line right-of-way are specified by the California Public Utilities Decision No.

79726.

Nonconformance with the positions of Decision No.

79726 shall be reported to the NRC.'2)

The need for controlled use of herbicides on transmission rights-of-way if they are used.

(FES-OL, Section 5.3. 1)

(3)

The need to preserve a shell midden of archeological significance on the Diablo Canyon Plant site and provide access to the site by local Indians.

(ASLB Hearing Transcript, pp.

3424-3442 8 pp.

3361-3369)

NRC requirements with regard to these ter restrial issues are specified in Subsection

4. 2 of this EPP.

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3.0 Consistency Requirements

3. 1.

Plant Design and Operation The licensee may make changes in station design or operation or perform tests or experiments affecting the environment provided such changes, tests or experiments do not involve an unreviewed environmental

question, and do not involve a change in the Environmental Protection Plan*.

Changes in plant design or operation or performance of tests or experiments which do not affect the environment are not subject to the requirements of this EPP.

Activities governed by Section 3.3 are not subject to the requirements of this section.

Before engaging in unauthorized construction or operational activities which may affect the environment, the licensee shall prepare and record an environmental evaluation of such activity.

When the evaluation indicates that such activity involves an unreviewed environmental

question, the licensee shall provide a

written evaluation of such activities and obtain prior approval from.the Director, Office of Nuclear Reactor Regulation.

When such activity involves a

change in the Environmental Protection

Plan, such activity and change to the Environmental Protection Plan may be implemented only in accordance with an appropriate license amendment as set forth in Section 5.3.

A proposed

change, test or experiment shall be deemed to involve an unreviewed environmental question if it concerns (1) a matter which may result in a significant increase in any adverse environmental impact previously evaluated in the final environmental statement (FES) as modified by staff's testimony to the Atomic Safety and Licensing Board, supplements to the

FES, environmental impact appraisals, or in any decisions of the Atomic Safety and Licensing Board; or (2) a significant change in effluents or power level or (3) a matter not previously reviewed and evaluated in the documents specifi'ed in (1) of this Subsection, which may have a significant adverse environ-mental impact.

The licensee shall maintain records of changes in facility design or operation and of tests and experiments carried out pursuant to this Subsection.

These records shall include a written evaluation which provide bases for. the deter-mination that the change, test, or experiment does not involve an unreviewed environmental question nor constitute a decrease in the effectiveness of this EPP to meet the objectives specified in Section 1.0.

The licensee shall include as part of his Annual Environmental Operating Report (per Subsec-tion 5.4. 1) brief descriptions,

analyses, interpretations, and evaluations of such changes, tests and experiments.

"This prov>sion does not relieve the licensee of the requirements of 10 CFR f50.59.

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3. 2'eporting Related to the NPOES Permits and State Certifications Yiolations of the NPDES Permit m. the State certification (pursuant to Section 401 of the Clean Mater Act) shall be reported to the HRC by submittal of copies 'of the reports required by the NPOES Permit or certification.

The licensee shall also provide the NRC with copies of the results of the following studies at the same time they are submitted to the permitting agency:

i)

Thermal effects study ii)

Section 316(b) Demonstration Study Changes and additions to the HPOES Permit or the State certification shall be reported to the HRC within 30 days following the date the change is approved.

If a permit or certification, in part or in its entirety, is appealed and

stayed, the HRC shall be notified within 30 days following the date the stay is granted.

The NRC shall be notified of changes to the effective NPDES Permit proposed by the licensee by providing NRC with a copy of the proposed change at the same time it is.submitted to the permitting agency.

The licensee shall provide the NRC a copy of the application for renewal of the HPDES permit at the same time the application is submitted to the permitting agency.

3.3 Changes Required for Compliance with Other Environmental Regulations Changes in plant design or operation and performance of tests or experiments which are required to achieve compliance with other Federal,

State, or local environmental regulations are not subject to the requirements of Section

3. 1.

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4.0

, Envi ronmenta1 Conditions

4. 1 Unusual or Important Environmental Events Any'=occurrence of an unusual or important event that indicates or could result in significant environmental impact causally related to station oper-ation shall be recorded and promptly reported to the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> by telephone, telegraph, or facsimile transmissions followed by a written report within 30 days, as specified in Subsection 5.4.2.

The following are examples:

excessive bird impaction events; onsite plant or animal disease outbreaks; mortality or unusual occurrence of any species protected by the Endangered Species Act of 1973; fish kills; increase in nuisance organisms or conditions; and unanticipated or emergency discharge of waste water or chemical substances.

No routine monitoring programs are required to implement this condition.

4.2 Environmental Monitoring 4.2.1 Herbicide Applications The use of herbicides within the corridor rights-of-way associated with the station shall conform to the approved use of selected herbicides as registered by the Environmental Protection Agency and approved by State authorities and applied as directed by said authorities.

Reporting requirements shall apply only during the period of herbicide applications for those corridor rights-of-way associated with the station.

4.2.2 Preservation of Archaeological Resources Requirements The licensee shall avoid disturbances to the SLO-2 site in accordance with the Archaeological Resources Management Plan submitted to the NRC on April 7, 1980.

Should a disturbance of the SLO-2 site inconsistent with the allowable use of the site under the Archaeological Resources Management Plan be necessary the licensee shall report the planned disturbance to the NRC in accordance with Subsection 5.4.2..

The 1'icensee shall develop a plan for controlled access by the Chumash Indian Tribe to the SLO-2 site for religious activities, and transmit the plan to appropriate tribal representatives for negotiation.

The plan shall provide for reasonable controlled access to the site, taking into account plant-related security and public health and safety constraints.

A good-faith effort shall be demonstrated by the licensee to reach agreement with the Chumash Tribe on the plan within one year from the date of license issuance.

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5.0 Administrative Procedures 5.1 Review and Audit The'icensee shall provide for review and audit of compliance with the Environmental Protection Plan.

The audits shall be conducted independently of the individual or groups responsible for performing the specific activity.

A description of the organization structure utilized to achieve the independent review and audit function and results of the audit activities shall be maintained and made available for inspection.

5.2 Records Retenti on Records and logs relative to the environmental aspects of plant operation shall be made and retained in a manner convenient for review and inspection.

These records and logs shall be made available to NRC on request.

Records of modifications to plant structures, systems and components determined to potentially affect the continued protection of the environment shall be retained for the life of the plant.

All other

records, data and logs relating to this EPP shall be retained for five years or, where applicable, in accordance with the requirements of other agencies.

5.3 Changes in Environmental Protection Plan Request for change in the Environmental Protection Plan shall include an assessment of the environmental impact of the proposed change and a supporting justification.

Implementation of such changes in the EPP shall not commence prior to NRC approval of 'the proposed changes in the form of a license amend-ment incorporating the appropriate revision to the Environmental Protection Pl an.

5.4 5..4. 1 Plant Reporting Requirements Routine Reports An Annual Environmental Operating Report describing implementation of this EPP for the previous year shall be submitted to the NRC prior to May I of each year.

The initial report shall be submitted prior to Hay 1 of the year following issuance of the operating license.

The period of the first report shall begin with the date of issuance of the operating license.

The report shall include summaries and analyses of the results of the environmental protection activities required by Subsection 4.2 of this Environ-mental Protection Plan for the report period, including a comparison with preoperational

studies, operational controls (as appropriate),

and previous non-radiological environmental monitoring reports, and an assessment of the observed impacts of the plant operation on the environment.

If harmful effects or evidence of trends towards irreversible damage to the environment are observed, the licensee shall provide a detailed analysis of the data and a

proposed course of action to alleviate the problem.

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(1 The Annual Environmental Oper'ating Report shall also include:

(a)

A 'list of EPP-noncompliancesiand the corrective actions taken to remedy them.

(b)

A list of all changes in station design or operation,

tests, and experiments made in accordance with Subsection 3.1 which involved a potentially

significant unreviewed environmental issue.

(c)

A list of nonroutine reports submitted in accordance with Subsection 5.4.2.

In the event that some results are not available by the report due date, the report shall be submitted noting and expla>ning the missing results.

The missing data shall be submitted as soon as possible in a supplementary report.

5.4.2 Nonroutine Reports A written report shall be submitted to the NRC within 30 days of occurrence of nonroutine event.

The report shall (a) describe,

analyze, and evaluate the

event, including extent and magnitude of the impact and plant operating characteristics, (b) describe the probable cause of the event, (c) indicate the action taken to correct the reported

event, (d) indicate the corrective action taken to preclude repetition of'he event and to prevent similar occurrences involving similar components or systems, and (e) indicate the agencies notified and their preliminary responses.

Events reportable under this subsection which also require reports to other

Federal, State or local agencies shall be reported in accordance with those reporting requirements in lieu of the requirements of this subsection.

The NRC shall be provided a copy of such report at the same time it is submitted to the other agency.

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APPENDIX C

ANTITRUST CONDITIONS FACILITY OPERATING LICENSE NO. DPR-82 (1) Definitions a.

"Applicant" means Pacific Gas and Electric Company, any successor corporation, or any assignee of this license.

b.

"Service Area" means that area within the exterior geographic boundaries of the several areas electrically served at retail, now or in the future, by Applicant, and those areas in Northern and Central California adjacent thereto.

c.

"Neighboring Entity" means a financially responsible private or public entity or lawful association thereof owning, contractually controlling or operating, or in good faith proposigg to own, to contractually control'r to operate facilities for the genera-tion, or transmisison at 60 kilovolts or above, of electric power which meets each of the following criteria:

(1) its existing or proposed facilities are or will be technically feasible of direct interconnection with those of Applicant; (2) all or part of its existing or proposed facilities are or will be located within the Service Area; (3) its primary purpose for owning, contractually controlling, or operating generation facilities is to sell in the Service Area the power generated; and (4) it is, or upon commencement of operations will be, a public utility regulated under applicable state law or the Federal Power Act, or exempted from regulation by virtue of the fact that it is a federal, state, municipal or other public entity.

d.

"Neighboring Distribution System" means a financially responsible private or public entity which engages, or in good faith proposes to engage, in the distribution of electric power at retail and which meets each of the criteria numbered

( 1), (2) and (4) in subparagraph "C"

above.

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e.

"Costs" means all capital expenditures, administrative,

general, oper ation and maintenance

expenses, taxes, depreciation and costs of capital including a fair and reasonable return on Applicant's investment, which are properly allocable to the particular service or trans-action as determined by the regulatory authority having jurisdiction over the particular service or transaction.

f.

"Good Utility Practice" means those practices, methods and equipment, including levels of reserves and provisions for contingencies, as modified from time to time, that are coomonly used in the Service Area to operate, reliably and safely, electric power facilities to serve a utility's own customers dependably and economically, with due regard for the conservation of natural resources and the protection of the environment of the Service Area, provided such practices, methods and equipment are not unreasonably restrictive.

g.

"Firm Power" means that power which is intended to be available to the customer at all times and for which, in order to achieve that degree of availability, adequately installed and spinning reserves and sufficient transmission to move such power and reserves to the load center are provided.

(2)

Interconnection Interconnection agreements negotiated pursuant to these license conditions shall be subject to the following paragraphs "a"

through "g.":

a.

Applicant shall not unreasonably refuse to interconnect and operate normally in parallel with any Neighboring Entity, or to interconnect with any Neighboring Distribution System.

Such interconnections shall be consistent with Good Utility Practice.

b.

Interconnection shall be at one point unless otherwise agreed by the parties to an interconnection agreement.

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3 fj Interconnection'shall not be limited to lower voltages when higher voltages are preferable from the standpoint of Good Utility Practice and are available from Applicant.

Applicant may include in any interconnection agreement provisions that a Neighboring Entity or Neighboring Distribution System maintain the power factor associated with its load at a comparable level to that maintained by Applicant in the same geographic area and use comparable control methods to achieve this objective.

c.

Interconnection agreements shall not provide for more extensive facilities or control equipment at the point of interconnection than are required by Good Utility Practice unless the parties mutually 'agree that particular circumstances warrant special facilities or equipment.

d.

The Costs of additional facilities required to provide service at the point of interconnection shall be allocated on the basis of the projected economic benefi ts for each party from the interconnection after consideration of the various transactions for which the interconnection facilities are to be used, unless otherwise agreed by the parties.

e.

An interconnection agreement shall not impose limitations upon the use or resale of capacity and energy sold or exchanged under the agreement except as may be required by Good Utility Practice.

f.

An interconnection agreement shall not prohibit any party from entering into other interconnection agreements, but may provide that (1) Applicant receive adequate notice of any additional interconnection arrangement with others, (2) the parties jointly consider and agree upon additional contractual provisions,

measures, or equipment, which may be required by Good Utility Practice as a result of the new arrangement, and (3) Applicant may terminate the inter-connection agreement if the reliability of its system or service to its customers would be adversely affected by such additional interconnection arrangement.

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ge Applicant may include provisions in an interconnection agreement requiring a Neighboring Entity or Neighboring Distribution System to develop with Applicant a coordinated program for underfrequency load shedding and tie separation.

Under such programs the parties shall equitably share the interruption or curtailment of customer load.

(3)

Reser ve Coordination Interconnection agreements negotiated pursuant to these license conditions shall be subject to the following paragraphs "a"

through "e" regarding reserve coordination:

Applicant and any Neighboring Entity with which it inter-connects shall jointly establish and separately maintain the minimum reserves to be installed or otherwise provided under an interconnection agreement.

Unless otherwise mutually agreed upon, reserves shall be expressed as a

percentage of estimated firm peak load and the minumum reserve percentage shall be at least equal to Applicant's planned reserve percentage without the interconnection.

A Neighboring Entity shall not be required to provide reserves for that portion of its load which it meets through purchases of Firm Power.

While different reserve percentages may be specified in various interconnection agreements, no party to an interconnection agreement shall be required to provide a greater reserve percentage than Applicant's planned reserve percentage, except that if the total reserves Applicant must provide to maintain system reliability equal to that existing without a given interconnection arrangement are increased by reason of the new arrangement, then the other party or parties may be required to install or provide additional reserves in the full amount of such increase.

b..

Applicant and Neighboring Entities with which it inter-connects shall jointly establish and separately maintain the minimum spinning reserves to be provided under an interconnection agreement.

Unless otherwise mutually agreed upon, spinning reserves shall be expressed as a

percentage of peak load and the minumum spinning reserve percentage shall be at least equal to Applicant's spinning

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reserve percentage without the interconnection.

A Neighboring Entity shall not be required to provide spinning reserves for that portion of its load which it meets through purchases of Firm Power.

Mhile different spinning reserve percentages may be specified in various interconnection

'greements, no party to an interconnection agreement shall be required to provide a greater spinning reserve percentage than that which Applicant provides, except that if the total spinning reserves Applicant must provide to maintain system reliability equal to that existing without a given interconnection arrangement are increased by reason of the new arrangement, then the other party or'arties may be required to provide additional spinning reserves in the full amount of such increase.

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e.

Applicant shall offer to sell, on reasonable terms and conditions, including a specified period, capacity to a Neighboring Entity for use as reserves if such capacity is neither, needed for Applicant's own system nor contractually committed to others and if the Neighboring Entity will offer to sell, on reasonable terms and conditions, its own such capacity to the Applicant.

Applicant may include in any interconnection agreement provisions requiring a Neighboring Entity to compensate Applicant for any reserves Applicant makes available as the result of the failure of such Neighboring Entity to maintain all or any part of the reserves it has agreed to provide in said interconnection agreement.

Applicant shall offer to coordinate maintenance schedules with Neighboring Entities interconnected with Applicant and to exchange or sell maintenance capacity and energy when such capacity and energy are available and it is reasonable to do so in accordance with Good Utility Practice.

Applicant shall sell emergency power to any interconnected Neighboring Entity which maintains the level of minimum reserve agreed upon with Applicant, agrees to use due diligence to correct the emergency and agrees to sell

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Applicant shall engage in such transactions if and when capacity and energy for such transactions are available from its own generating resources; or may be obtained by Applicant from other

sources, but only to the extent that it can do so without impairing service to Applicant's retail or wholesale power customers or impairing its ability to discharge prior comnitments.

(5) Other Power Exchan es Should Applicant have on file, or hereafter file, with the Federal Energy Regulatory Comnission, agreements or rate schedules providing for the sale and purchase of short-term capacity and.energy, limited-term capacity and energy, long-term capacity and energy or economy energy, Applicant shall, on a fair and equitable basis, enter into like or similar agreements with any Neighboring Entity, when such forms of capacity and energy are available, recognizing that past experience, different economic conditions and Good.

Utility Practice may justify different rates, terms and conditions.

Applicant shall respond promptly =to inquiries of Neighboring Entities concerning the availability of such forms of capacity and energy from its system.

(6) Wholesale Power Sales Upon request, Applicant shall offer to sell firm, full or partial requirements power for a specified. period to an interconnected Neighboring Entity or Neighboring Distri-bution System under a contract with reasonable terms and conditions including provisions which permit Applicant to recover its costs.

Such wholesale power sales must be consistent with Good Utility Practice.

Applicant shall not be required to sell Firm Power at wholesale if it does not have available sufficient generation or transmission to supply the requested service or if the sale would impair service to its retail customers or its ability to discharge prior coamitments.

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(7) Transmission Services a.

Applicant shall transmit power pursuant to interconnection agreements, with provisions which are appropriate to the requested transaction and which are consistent with these license conditions.

Except as listed below, such service shall be provided (1) between two or among more than two Neighboring Entities or sections of a Neighboring Entity's

. system which are geographically separated, with which, now or in the future, Applicant is interconnected, (2) between a Neighboring Entity with which, now or in the future, it is interconnected and one or more Nei'ghboring Distribution Systems with which, now or in the future, it is interconnected and (3) between any Neighboring Entity or Neighboring Distribution System(s) and the Applicant's point of direct interconnection with any other electric system engaging in bulk power supply outside the area then electrically served at retail by Applicant.

Applicant shall not be required by this Section to transmit power (1) from a hydroelectric facility the ownership of which has been involuntarily transferred from Applicant or (2) from a Neighboring Entity for sale to any electric system located outside the exterior geographic boundaries of the several areas then electrically served at retail by Applicant if any other Neighboring Entity, Neighboring Distribution System, or Applicant wishes to purchase such power at an equivalent price for use within set areas.

Any Neighboring Entity or Neighboring Distribution System(s) requesting transmission service shall give reasonable advance notice to Applicant of its schedule and requirements.

Applicant shall not be required by this Section to provide transmission service if the proposed transaction would be inconsistent with Good Utility Practice or if the necessary transmission facilities are committed at the time of the request to be fully-loaded during the period of which service is requested, or have been previously reserved by Applicant for emergency

purposes, loop flow, or other uses consistent with Good Utility Practice; provided, that with respect to the Pacific Northwest-Southwest Intertie, Applicant shall not be required by this Section to provide the requested transmission service if it would impai r Applicant's own use of this facility consistent with Bonneville Project Act, (50 Stat.

731, August 20, 1937), Pacific Northwest Power Marketing Act (78 Stat.

756, August 31, 1964) and the Public Morks Appropriations Act, 1965 (78 Stat.

682, August 30, 1964).

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b.

Applicant shall include in its planning and construction programs. such increases in its transmission capacity or such additional transmission facilities as may be required for the transactions referred to in paragraph (a) of this

Section, provided any Neighboring Entity or Neighboring Distribution System gives Applicant sufficient advance notice as may be necessary to accommodate its requirements from a regulatory and technical standpoint and provided further that the entity requesting transmission services compensates Applicant for the Costs incurred as a result of the request.

Where transmis'sion capacity will be increased or additional transmission facilities will be installed to provide or maintain the requested service to a Neighboring Entity or Neighboring Distribution System, Applicant may require, in addition to a rate for use of other facilities, that payment of Costs associated with the increased capacity or additional facilities shall be made by the parties in accordance with and in advance of their respective use of the new capacity or facilities.

c.

Nothing herein shall require Applicant (1) to construct additional transmission facilities if the construction of such facilities is inconsistent with Good Utility Practice or if such faci1 ities coul d be constructed without dupl icating any, portion of Applicant's transmission

system, (2) to provide transmission service to a retail customer of (3) to construct transmission outside the area then electrically served at retail by Applicant.

d.

Rate schedules and agreements for transmission services provided under this Section shall be filed by Applicant with the regulatory agency having jurisdiction over such rates and agreements.

(8)

Access to Nuclear Generation a.

If a Neighboring Entity or Neighboring Distribution System makes a timely request to Applicant for an owner-ship participation in the Stanislaus Nuclear Project, Unit No.

1 or any future nuclear generating unit for which Applicant applies for a construction permit during the 20-year period imnediately following the date of the construction permit for Stanislaus Unit 1, Applicant shall offer the requesting party an opportunity to par ti-cipate in such units, up to an amount reasonable in light

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of the relative loads of the participants.

With respect to Stanislaus Unit No.

1 or any future nuclear generating

unit, a request for participation shall be deemed timely if received within 90 days after the mailing by Applicant to Neighboring Entities and Neighboring Distribution Systems of an announcement of its intent to construct the unit and a request for an expression of interest in participa-tion.

participation shall be on a basis, which compensates Applicant for a reasonable share of all its Costs, incurred and to be incurred, in planning, selecting a site for, constructing and operating the facility.

b.

Any Neighboring Entity or any Neighboring Distribution System making a timely request for participation in a nuclear unit must enter into a legally binding and enforce-able agreement to assume financial responsibility for its share of the costs, associated with participation in the unit and associated transmission facilities.

Unless otherwise agreed by Applicant, a Neighboring Entity or Neighboring Distribution System desiring participation must have signed such an agreement within one year after Applicant has provided to that Neighboring Entity or Neighboring Distribution System pertinent financial and technical data bearing on the feasibility of the project which are then available to Applicant.

Applicant shall provide additional pertinent data as they become available during the year.

The requesting party shall pay to Applicant forthwith the additional expenses incurred by Applicant in making such financial and technical data available.

In any participation agreement subject to this Section, Applicant may require provisions requiring payment by each participant of its share of all costs incurred up to the date of the agreement, requiring each participant thereafter to pay its pro rata share of funds as they are expended for the planning and construction of uni ts and related facilities, and requiring each participant to make such financial arrangements as may be necessary to ensure the ability of the participant to continue to make such payments.

a.

All rates,

charges, terms and practices are and shall be subject to the acceptance and approval of any regula-tory agencies or courts having jurisdiction over them.

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b.

Nothing contained herein shall enlarge any rights of a Neighboring Entity or Neighboring Distribution System to provide services to retail customers of Applicant

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beyond the rights they have under state or federal law.

c.

Nothing in these license conditions shall be construed as a waiver by Applicant of its rights to contest the application of any commitment herein to a particular factual situation.

d.

These license conditions do not preclude Applicant from applying to any appropriate forum to seek such changes in these conditions as may at the time be appropriate in accordance with the then-existing law and Good Utility Practice.

e'.

These license conditions do not require Applicant to become a

common carrier.

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