ML17037B792

Letter Certifying That Copies of the Corrected Transcripts for 12/15, 01/19-01/21/1965 in the Matter of Niagara Mohawk Power Corp. Were Received on 04/08/1965

ML17037B792
Person / Time
Site:	Nine Mile Point
Issue date:	04/08/1965
From:	Robinson S US Atomic Energy Commission (AEC)
To:	Kirschbaum A, Nyer W
References
Download: ML17037B792 (20)

Text

UNITED STA'JSS OF AMEBICA A'i011XC ENFBOY Co'iMISSIQN Xn the matter of:

1ZAOARA XOHA~X Petm CORP.)

Docker No, 50 220 CERTIFICATE OF MAILING I hereby certify that copies of the CORRECTED THANSCRIP'lS for Dec. 1$, Jan.

19-21, i/65, in the above captioned matter which were received in this Office on April 8~ 1965, were mailed to the following by deposit in the United States mail this 9th day of April, 1965:

Dr. Albert J, Kirschbaum Lan'ence Radiation Laboratory Livermore, Cqlifo Mr. Man'en E. Nyer Manager~ Reactor Projects Atontc Energy Dibision Phillips Petroleum Co Idaho Falls~ Idaho Ul uJ 4j Ct tW

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e UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION IN THE MA'ZTER OF NIAGARA MOHAWK PO>KR CORPORATION Docket No. 50-220 MOTION FOR EXPEDITED EFFECTIVENESS OF INITIALDECISION Puxsuant to Section 2.760(a) of the Commission~s Rules of Practice, Applicant hexeby xespectfully xequests that the Board make its Initial Decision effective ten (10) days after issuance.

Xn support of said Motion Applicant alleges:

1.

The latest date stated in its Application for Licenses (Ex. 101 p. 3), is December 1, 1967.

Xf the Board orders the issuance of a px'ovisional construction'ermit, I

Applicant must proceed promptly with the constxuction of its facility in order to meet this completion date.

2.

Exhibit 1 in this pxoceeding is a Construction Progxess Chart'prepared by Stone and Webster Engineering Corporation, On page 3 thexeof it is shown that in order r

to meet the completion date, erection of the dxywell must begin on April 1, 1965.

Before such erection can begin, however, Applicant,must commence placing foundation e

supports.

Page 3 of Exhibit 1 shows that this should begin on March 1, 1965.

Under Section 50.10(b) of the Commission~s

/1 The texm construction" is used here as it is defined in Seotion 50.10(h) of the Gommlssion's regulations, '; -;~py~

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xegulations neither pouring of Che foundation supports for the nuclear facility portion of the station nor the installa-Cion of the drywell can begin until Applicant has a con-struction pexmit.

Zn Che axea where Che site is located, outside construction is limited to nine-months a year, The reasons for this axe readily apparent:

During December, January and Pebruary

1963, average Cemperatuxes at Che site were below 2/

freezin During this same pexiod, almost twelve feet of'now

fell, Obviously, little, if any, outside construe-

+3 Cion can be accomplished under such climatic conditions.

Xt is Chexefore imperative Chat Applicant commence construc-tion as soon as Che licensing authorities and weather condi-Cions permit it to do so.

4.. Mth Che xecent xevision of Section 2,.760, whereby Che Commission extended from thirty (30) to foxty-five (45) days Che time fox'eview of initial decisions, Applicant, unless this motion is gxanted, will lose ovex a month in outside construction time..

Xn this proceeding, Chere are no substantial differences among Che Applicant, Che Staff and the State oi New York and thus no substantial question of fact or law presented.

Q2 Pimure A-l, Appends 3, Volume I of 1'ne Preliminary Hazards Summary Repoxt r

g3 Table A-2, Appendix 3, Volume I of Che Preliminary Hazards Summary Reports

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On the basis of the foregoing allegations, the record clearly warrants granting the motion since if it wexe V

denied substantial economic ingury to the Applicant would result.

3/HEREFORE, Applicant prays that when the Board issues its Xnktial Decision and Order in these proceedings it make its decision effective ten (10) days after issuance.

Respectfully submitted, NIAGARA MOHAMIC POL'lER, CORPORATION By /s/ Arvin E; Upton Arvin E. Upton

/s/ Eugene B. Thomas, Jr.

Eugene B. Thomas, Jr.

/s/ James A. Gxeer, ll James A. Greex, XX Its Attoxneys.

Dated: Pbbrua~

1, 1965 Of Counsel:

LeBOEUF, LAMB S LETHAL 1821 Jefferson Place,'N.

W.

Washington, D. C. 20036 One Chase Manhattan Plaza New York, New fork 1000$

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ARVIN C UPTON CUOCNC 8. THOMAS, JR WASHIHOTOH PARTHCRS LAW OFFICCS OF LEBOEUF, LAMB 8T. LEIBY 1821 JEFFERSON PLACE) N.W.

WASHINGTON 3Bv D.C.

Pebruary 10, 1965 ONC CHASC MANHATTANPLAZA NCW YORK Sv N.Y.

J. D. Bond, Esquire

Chairman, Atomic Safety and Licensing Board U. S. Atomi.c energy Comm3.ssi.on Washington, D. C.

20545 Dr. Albert J. Kirschbaum Lawrence Radi ati on Laborat ory Li.vermore, California Mr. Warren 33. Nyer Manager, Reactor Projects Atomic Energy Div3.s3.on Ph3.113ps Petroleum Company Idaho Falls, Idaho ATOHlC E ECEIVEO RGY COt'fIQJSS JOAN In the Matter of Ni.agara Mohawk Power Corporation Docket No. 50-220 Gentlemen:

At page 424 of the transcript in the above-ent3.tied proceeding, the App13.cant stated i.t would notify the Chai.rman of the Board if it deci.ded not to f3.1e a responsi.ve pleading to the Proposed Pindings and Conclusi.ons submitted by the A'ZC Regulatory Staff and the State of New York.

The Applicant has now studi.ed those pleadings filed by the Staff and the State of New York and has deci.ded not to fi.le a responsive plead3ng.

Cop3.es of this letter have been served upon the parties in this proceeding as shown by, the attached certifi.cate, of servi.ce.

Very truly yours,

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ATO'iiXC ':li2RC'= CCi;i'.lSSXG'A t

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NXAOARA MQHAi'i'f( VOi'll'.R CORPOP~~TXCN

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Docket No. 50-220

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CZHTXt.'XCAT.': OP SiRVXCl'.

hereby certify that a cooy of the attached letter to

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the members of the Atom'c Safety

<<nd Liccnsinp Board was. crved upon the follow..ng persons by deposit in the U.

R i3 class and oostage pxepaid, this

. 0th day of Februar 1965 1

hfaurice A~elrad, esquire Ncw Yoxk State Office of Atomic

& Space Development 230 Park Avenue Ncw dork, Neer York 10017

<5 co>>es) i!onorab].e Alfred R.

Goewcy Supervisor, Town or Scriba R.

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Oswego, New York l3126 John L. Catalan, Esquire.

Coun cl Ato..ic X'nervy Commission Regulatory Starf U. S. Atomic energy Commis~~ion

'washington, D, C.

20545 l

?lr. Stanley TRobinson, Jr-Chic<, Public Proceedings Branc.--

Office of the Secretary U. S. Atorlic X;nervy Commission 1 ashinptoa, D. C.

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UNXTED STATES OF AMERICA ATOMXC ENERGY COMMISSION In the Matter of NIAGAEQ. MOESK PO/tER CORPORATION Docket No. 50-220 Cppp REGULATORY STAFF~S ANS>tER TO APPLXCANTtS MOTION FOR EXPEDITED EFZECTIVENESS OF INITIALDECISION The Regulatory Staff hereby consents that the appH.cant's moM.on~

, M the cap%oned, proceecling, for expecLited. effectiveness of the Initia1 Decision be granted, ~

Respectfu1ly submitted.~

J L. Catalan ounse1'EC Regulatory Staff (CO

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esp ssc isc os ><< ss's NXTED STATES OP AMERXCA ATOMXC ENERGY COIkiISSION In Che M

Docket No, 50 220 NIAGARA MOHAWK POWER CORPORATION I

STAPP~S POSITION AS TO THE LIST OP "ARCHITECTURAL AND ENGINEERING CRXTERIA" AND slfAJOR COMPONENTSs'.

SUBMITTED BY THE APPLICANT

(~2 ZQ.o Copy At the hearing in the captioned matter the Atomic Safety and Licensing Board requested the Regulatory Staff to submit a list of Che "principal architectural and engineering criteria for the design~of the proposed facilit "

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an for a list of the

'ma)or featuxes or components" of the t

reactor on which further information is to be submitted for review, (Tr. 385 391),

The Board stated ChaC it was seeking "...a brief statement of these items.

~.not in the detail that one would ordinarily go into for a set of technical specifications."

(Tr. 385) ~

The Staff explained the difficulties of labelling certain compo nents and criteria as "principal" ox "ma)or" on any simplified basis inasmuch as a meaningful safety review depends in large degree upon Che interrelationship of such items in any particular facility, The Staff stated that it considered Che principal architectural and engineering components were as outlined in the "Hazards Analysis,"

(Tr, 383) ~

7 The Applicant offered to submit such a list Co the Board with its proposed findings (Tr. 389) and submitted the material as I VXII of i.ts Proposed Pindings and Conclusions.,"

0 The, Staff has reviewed the Applicant's list and believes Chat it presents an acceptable response to the Board s inquiry, The list is meaningful, of course,. only when read in con)unction with the descrip tion of the proposed design in the application and the Staff's "Hazards Analysis, "

The Board also asked the'taf f to indicate which of these 'ha)or I

features" would require the submission of additional information for evaluation before any operating license could be approved, As stated at the hearing, addiCional information will be required on al1 of the items listed by Che Applicant, C

Respect fully submitted, Troy 4<

onner, Jr, grial, Counsel Of Counsel i Howard K, Shaper AssisCant General Counsel Licensing & Regulation C

Dated at BeChesda,

Maryland, t:his 5th day af Pabruaty,

1965,

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ARVIN C UPTON CUOCNC S.THOMAS,JR, WAIIIIROTOIIRARTRCRR LAW Of PICCS OI4 LEBOEUF, LAMB 8c LEIBY 1821 JEFFERSON PLACE, N.W.

WASH<NOTON 36. D.C.

Pebruary',

l965 4

ONC CHASC MANHATTANPLAZA NCW YORK S, N.Y.

J, D. Bond 33squire Chairman, Atomic Safety and Licensing Board U,

S Atomic Energy Commissi.on Washington, D, C.

20545 Dr. Albert J, Kirschbaum Lawrence Radi.ation Laboratory Livermore, Californi.a Mr Warren 2, Nyer Manager, Reactor Projects Atomi.c 33nergy Divisi.on Phillips Petroleum Company Idaho Pails, Xdaho 4

Xn the Matter of Ni.agara Mohawk Power Corporation Docket No. 50~220 Gentlemen'Q.e coy Xxx our examination of the Px'oposed Rindings and Conclu<<

si.ons submitted by the Appli.cant in the above~captioned px'oceedings, we fi.nd that there wex'e some erroneous citations.

A list correcting the erxoneous citations'<< is attached.

Copies of this list of correc~

ti.ons have also been served upon the other parti.cipants in this px'oceeding.

~ 4 Please accept,my has been caused.

apologi.es for ~ the inconvenience whi.ch h

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I'I Xnclosur e It Il 1

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ll Very truly yours, a,~'L.

Eugene B, Thomas, Jr.

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