ML17037B774

Letter Replying to 02/12/1974 and 04/02/1974 Letters Concerning Thermal Discharges to Lake Ontario

ML17037B774
Person / Time
Site:	Nine Mile Point, FitzPatrick
Issue date:	04/15/1974
From:	Bordenick B US Atomic Energy Commission (AEC)
To:	Resnikoff M
References
Download: ML17037B774 (10)

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April 15, 1974 Dr. Max vin Resnikoff 174 Nest Avenue Buffalo, New York 14201 In the Matter of Niagara Mohawk Power Corporation (Nine Mile Point, Unit No. 1)

Docket No 50-220 AND In the Matter of Niagara Mohawlc Power Corporation (Nine Milo Point, Unit No. 2)

Docket No. 50"410 In the Matter of Power Authority of thc State of Ncw York and Niagara Mohaw'k Powex'or pox ation (James A. FitsPaMck Nuclear Power Plant, Unit 1)

Docket No, 50-333

Dear Dr. Rcsnikoff:

Your letters dated February 12, 1974, and April 2, 1974, addressed to Mr.

Jan A. Norris have been referred to mc for reply. These letters generally concern thermal discharges to Lake Ontario &om the three referenced facilities. The April 2nd letter also xefcrs to a letter from you to me dated Januaxy 27, 1974, which requested information concerning the "pxocedux e for the submission on t;your] part of a letter to the ABC Regulatory Staff as a form of limited appearance on behalf of Ecology Action with regard to the [construction permit application for Nine Mile Point, Unit 2j ". Unfox tunately, I have just obtained a copy oi your Tatter. While it was received in the General Counsel's office on January 30, 19?4, for unknown rcasoxls, a copy was not made available to me at that ORRICC 3e SURNAMCW OAT C ~

Porn hEC-3 lb (Rev. 0 33) hEChf 0240 ORO C40 11 111480 1 020 244

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Dre Max vin Resnikoff time. Although the record relating to that portion of the Nine Milo Point,

.Unit 2, facility which you seek to addxess in your several letters was closed well before the Qrst of January, I am forwax ding copies of them and of this reply to the presiding Atomic Safety and Licensing Board, in whose discretion limited appearance statements aro received, fox such disposition as it may wish to make of your letters. Fox your futuro information, however, I am enclosing a copy of 10 CFR Part 2 which constitutes the Commission's Rules of Practice. Section 2.715(a) rclatcs to limited appearance requests.

As you may know, the AEC Regulatory Staff (Staff) prepared Draft and Final Envixonmental Statements (DES-PES) in connection with, each of the referenced proceedings. Pursuant to Commission regulations, notices of availability of each DES were published in the Federal Register, The notices requested comments from interested persons, In addition, each DES was sent to appropriate federal and state agencies for comment, Comments received Rom fedcxal-and state agencies and intex ested members of the public, and the Staff's responses thexcto, wore included. in the FES for each facility. To my knowledge'the Staff did not receive any timely comments from you with respect to any of the threo draft statements.

While the Staff welcomes youx interest, I am advised that they have already addressed the points raised by you in your letters, with one exception, in thc respective Qnal statements and/or at the evidentiary hearings held in the Fit@Patrick and Nine Mile Point, Unit 2, proceedings. The one enceptton ts, of course, tits pro~eood Envtronmentcl Protectton Agency (EPAl Regulations appearing at 39 F. R. 8294, March 4, 1974. In, this xegard, once these regulations are Qnalised by P2'A, Applicants in the three proceedings will, of course, have to meet the requirements of those regulation .

For your infox'mation, it might be well to review thc present status of each of the three proceedings.

Nine Mile Point, Unit 1 The applicant seeks a full term operating license A hearing is not manda-toxy and there werc no requests for a hearing. The Staff's environmental review is completo and the action recommended, in the FES is issuance of a full term operating license appropxiately conditioned to protect the environment (Sec pages iii-v of the NMPl FES) . Upon completion of the Staff's radiological health and safety review, if appropriate, a full term operating license, ap ro-c, wx e xs~ uo toget cx arith environm ntal and oPFlclx3a 'olagical..tech cal..dpcci64:at ons'--------------.

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OATE3s'orm CPO C43 'Id 81488 I 820.284 hEC.31S (Rev. 9.53) hECM 0240

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Dr. Marvin Rosnikoff James A. FitzPatrick Nucleax Power Plant The applicant seeks an. operating license. An Atomic Safety and Licensing Board has authorized the Staff to issue the license with appropriate environmental and radiological health and safety conditions. The Licensing Board's decision has been affirmed by the Atomic Saf'ety and Licensing Appeal Board with slight modifications which x elate to conditions imposed, pursuant to Section 401(d) of the Federal Water Pollution Control Act Amendments, by the State of New Yoxk. Since construction at the facility is not yet totally complete, the Staff has not yet issued an operating license. Environmental and radiological technical specifications have been prepared by the Staff and will be a part of any, operating license xssued, Nine Mile Point, Unit 2 The applicant seeks a constxuction permit. Lengthy hearings have been conducted and the record is closed. The parties to this proceeding axe awaiting an initial decision from the Atomic Safety and Licensing Board.

Pursuant to the request contained in your letter of January 27, 1974, I enclose copies of Sections 2.5, 2.6, 3.1 through 3.4, and 10 of Applicant's Envixonmental Report for Nine Mile Point, Unit 2,- and of accompanying tables.

Finally, you have xequested copies of two documents (pago 2 of your letter dated Febxuaxy 12, 1974) . I do not have copies of these documents. How-evor, they should be availablo for your review eithex at the Commission's Public Document Room in Nashfington, D. C., or in the local Public Document Room at the Oswego, New York, Public Library. In the alternative, I suggest that you contact either counsel for the Applicant ox counsel for Ecology Action.

Sincerely, Bernaxd M. Bordenick Counsel for AEC Regulatory Staff

Enclosures:

10 CFR Part 2 Sections 2.5, 2.6, 3.1- 3.4, an8 10 of ER for NMP2 and tab 2D~1 A<<W .;...........(ROC..Pag OAT 2W Form hECP18 (Re@. 9 53) hECM 0240 OPO C42 111 81AI2.1 020.204

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Dr. Marvin Resnikoff cc w/o enclosures Daniel M. IIead, Esq., Chairman Dr. Marvin M. Mann Dr. William E. Martin Zoseph F. Tubridy, Esq.

Gustave A. Linenberger Z. 'Bruco MacDonald Arvin H. Upton> Esq, Eugene.B. Thomas, Zr., Esq.

James P, McGranery, Zr., Esq.

Edward Berlin, Esq.

Ecology Action c/o Richard Goldsmith Ms. Suzanne Weber Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Mr. Frank W. Karas DISTRIBUTION:

Bordenick Cohen Carr Mas sar Gallo Engelhardt Shapar Formal Files (2)

OGC Files G'town/Bethesda Reg Central PDR LPDR EP G. Dittman J. Norris DL A. Bournia J. Snell OFQIC2~

,8U11NAM2 W OATC~

Form hEC 318 (Rev. 9.S3) hECM 0240 r( ~

02O C43 18 81488 1 820 284

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April. 8, -1974

'r, Daniel N. Head f'Jr. Frederick J. Shon Atomic Safety 8 Licensing Board Atomic Safety 8 Licensing Board Panel Panel U. S., Atomic Energy Commission- U. S. Atomic Energy Commission tlashington, D. C, P054$ Mashington, D. C. 20545

.Hr, Sidney G. Kingsley Atomic Safety 8 Licensing'oard Pane)

U. S. Atomic Energy Commission lfashington. D. C, 20545 In the, Natter of Niagara Mohawk Power Corporation Nine Nile Point, Unit No. 1 .

Docket No. 50-220 Gentlemen:

Enclosed beret,>ith is the letter from the Ne~ York State Atomic Energy Council confirming the Staff's .understanding, as reflected in its March 27 response to the Counci'I's Petition for Leave to Intervene in the above-captioned proceeding, that the State wishes to participate in this proceeding only if the Commission orders a hearing and that the Petition is not intended to be a request for a hearing.

Sincerely, Roy E. Kinsey, Jr.

Counsel for AEC Regulatory Staff

Enclosure:

As stated Distribution:

OGC Files, Beth/G'town cc: Mr. C. J. Clemente Chron File To Those of Service List Reg. Central PDR LPDR FF - 2 OGC OFFICE RKinsey:ldm SVRI4AME >

4/8/74 DATE V Foan AEC-318 (Rev. 9'S3) AECM 0240

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