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Category:CORRESPONDENCE-LETTERS
MONTHYEARML17241A5001999-10-21021 October 1999 Forwards Rev 3 to Emergency Response Data Sys (ERDS) Data Point Library for St Lucie Unit 1.Rev Provides Replacement Pages & Follows Format Recommended by NUREG 1394, ERDS Implementation, Rev 1,App C ML17309A9981999-10-19019 October 1999 Forwards Revised Epips,Including Rev 3 to EPIP-10 & Rev 25 to HP-202.EPIP-10 Added Onsite Monitoring Points,Made Administrative Changes & Incorporated New Attachments & HP-202 Added Red Team Survey Points ML20217F6171999-10-0808 October 1999 Forwards Insp Repts 50-335/99-11 & 50-389/99-11 on 990827 & 990907-09.No Violations Identified.Matl Encl Contained Safeguards Info as Defined by 10CFR73.21 & Disclosed to Unauthorized Individuals Prohibited by Section 147 of AEA ML17241A4811999-10-0101 October 1999 Reports Number of Tubes Plugged During Unit 1 Refueling Outage SL1-16,per TS 4.4.5.5.a ML20212M1601999-09-28028 September 1999 Refers to 990908 Engineering Meeting Conducted at NRC Region II to Discuss Engineering Issues at Lucie & Turkey Point Facilities.List of Attendees & Copy of Presentation Handout Encl ML17241A4701999-09-25025 September 1999 Forwards Info Requested by NRC Staff During 990916 Telcon to Complete Staff Review of Request for risk-informed Extension of Action Completion/Aot Specified for Inoperable Train of LPSI Sys at Plant ML17241A4721999-09-24024 September 1999 Forwards Rev 1 to Plant Change/Mod (PCM) 99016 to St Lucie Unit 1,Cycle 16 COLR, IAW TS 6.9.1.11.d.Refueling Overhaul Activities Are Currently in Progress & Reactor Operations for Cycle 16 Are Scheduled to Commence in Oct 1999 ML17241A4681999-09-22022 September 1999 Requests Restriction Be Added to Senior Operator License SOP-21093 for TE Bolander.Nrc Forms 369,encl.Encl Withheld Per 10CFR2.790(a)(6) ML17241A4671999-09-20020 September 1999 Forwards Completed NRC Form 536, Operator Licensing Exam Data, for St Lucie Units 1 & 2,as Requested in Administrative Ltr 99-03, Preparation & Scheduling of Operator Licensing Exams. ML17241A4581999-09-13013 September 1999 Forwards Info Requested by NRC Staff During 990630 & 0816 Telcons,To Complete Review of Proposed License Amend for Fuel Reload Process Improvement Program ML17241A4531999-08-31031 August 1999 Informs That No Candidates from St Lucie Plant Will Be Participating in PWR Gfes Being Administered on 991006 ML17241A4521999-08-31031 August 1999 Withdraws Relief Request 16 & Suppl Relief Request 15 with Info Requested During 990526 Telephone Conference Re ISI Insp Plan,Third 10-yr Interval ML17241A4501999-08-26026 August 1999 Informs That FPL Has Reviewed Reactor Vessel Integrity Database,Called RVID2,re Closure of GL 92-01,rev 1,suppl 1. Requested Corrections & Marked Up Pages from Rvid 2 Database Summary Repts That Correspond to Comments,Attached ML17241A4371999-08-13013 August 1999 Forwards fitness-for-duty Program Performance Data for six- Month Period Ending 990630,per 10CFR26.71(d) ML17241A4461999-08-11011 August 1999 Requests That W Rept Entitled, Evaluation of Turbine Missile Ejection Probability Resulting from Extending Test Interval of Interceptor & Reheat Stop Valves at St Lucie Units 1 & 2, Be Withheld from Public Disclosure L-99-171, Forwards Rev 56 to Physical Security Plan.Summary of Changes & Marked Up Copy of Revised Pages Also Encl.Encls Withheld from Public Disclosure Per 10CFR2.790(a)(3)1999-07-29029 July 1999 Forwards Rev 56 to Physical Security Plan.Summary of Changes & Marked Up Copy of Revised Pages Also Encl.Encls Withheld from Public Disclosure Per 10CFR2.790(a)(3) ML17309A9911999-07-26026 July 1999 Forwards Revised EPIPs & Revised Procedures That Implement Emergency Plan as Listed.Procedures Provides Instruction for Operational Support Ctr (OSC) Chemistry Supervisor to Establish Remote Labs at Locations Specified ML17241A4471999-07-22022 July 1999 Requests That Rev 1 to WCAP-14732 & Rev 1,Add 1 to WCAP-14732 Be Withheld from Public Disclosure ML17241A4221999-07-22022 July 1999 Forwards List of Proposed Licensing Actions for St Lucie Units 1 & 2,planned During Fys 2000 & 2001,in Response to Administrative Ltr 99-02, Operating Reactor Licensing Action Estimates. ML17241A4151999-07-22022 July 1999 Forwards Revised Relief Request 25 for Second 10-yr ISI Interval for Unit 2 ML17241A4101999-07-16016 July 1999 Forwards FP&L Supplemental Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants ML17309A9881999-07-0707 July 1999 Forwards Rev 5 to EPIP-03, Emergency Response Organization Notification/Staff Augmentation. Rev 5 to EPIP-03 Was Revised to Transfer EP Responsibilities from Training Manager to Protection Svcs Manager ML20209F1541999-07-0606 July 1999 Informs That NRC in Process of Conducting Operational Safeguards Response Evaluations at Nuclear Power Reactors. Plant Chosen for Such Review Scheduled for Wk of 990823-26 ML17241A4011999-06-30030 June 1999 Forwards Info Copy of Florida Wastewater Permit (FL0002208) (Formerly NPDES Permit) Mod,Which Was Issued by Florida Dept of Environ Protection on 990604 ML17241A3971999-06-30030 June 1999 Forwards Suppl Response to GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Movs, as Requested in 990317 Ltr ML17355A3661999-06-30030 June 1999 Forwards Florida Power & Light Topical QA Rept, Dtd June 1999.Encl I Includes Summary of Changes Made to Topical QA Rept Since 1998 ML17241A3951999-06-29029 June 1999 Provides Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants.Gl 98-01, Y2K Readiness of Computer Sys at Nuclear Power Plants, Requested Response on Status of Facility Y2K Readiness by 990701.Disclosure Encl ML17241A3731999-06-17017 June 1999 Supplements Relief Requests 4,11 & 13 for Third ten-year ISI Interval with Info Requested During 990526 Telcon.Expedited Review Is Requested by 990730 to Avoid Negatively Impacting Upcoming St Lucie Unit 1 Refueling Outage (SL1-16) ML17241A3641999-06-14014 June 1999 Submits Supplement to Relief Request 24 with Info Requested by Nrc.In Addition Relief Request 24 Is Identical to St Lucie Unit 1 Relief Request 4 for Third ISI Interval Being Supplemented by FPL Ltr L-99-139 ML20195F3871999-06-11011 June 1999 Final Response to FOIA Request for Documents.App a Records Being Withheld in Entirety (Ref FOIA Exemption 5) IA-99-247, Final Response to FOIA Request for Documents.App a Records Being Withheld in Entirety (Ref FOIA Exemption 5)1999-06-11011 June 1999 Final Response to FOIA Request for Documents.App a Records Being Withheld in Entirety (Ref FOIA Exemption 5) L-99-129, Forwards Rev 55 to Physical Security Plan,Summary of Changes & Marked Up Copy of Revised Pages.With Directions for Incorporating Rev Into Plan & Copies of Replacement Pages.Rev Withheld,Per 10CFR2.790(a)(3)1999-06-0909 June 1999 Forwards Rev 55 to Physical Security Plan,Summary of Changes & Marked Up Copy of Revised Pages.With Directions for Incorporating Rev Into Plan & Copies of Replacement Pages.Rev Withheld,Per 10CFR2.790(a)(3) ML17241A3561999-06-0707 June 1999 Forwards Rept Containing Brief Description & Summary of SEs for Changes,Tests & Experiments Which Were Approved for Unit 3 During Period of 970526-981209 ML17241A3601999-06-0707 June 1999 Forwards Correction to Annual Radiological Environ Operating Rept for CY98.Util Has Identified Transcription Error on Last Page of Attachment C of Rept,Results from Interlaboratory Comparison Program 1998 ML20195F3941999-05-27027 May 1999 FOIA Request That Memo from J Calvo to Fl Lebdon Re TIA - St Lucie,Unit 1 Environ Qualification of Woodward Governor Controls Be Placed in PDR ML17241A3461999-05-24024 May 1999 Forwards Revised Relief Request 22 to Clarify Several Areas of Relief.Nrc Action Is Requested to Be Complete by Aug 1999 to Support Planning for Spring 2000 Unit 2 Refueling Outage ML17241A3391999-05-20020 May 1999 Forwards Notification of Change to Small Break LOCA ECCS Evaluation Model Used for St Lucie Unit 1.Anomaly Was Discovered & Corrected That Resulted in Reducing Calculated PCT for Limiting SBLOCA by More than 50 F ML17241A3371999-05-20020 May 1999 Forwards Util Suppl to GL 95-07 Response Re pressure-locking & Thermal Binding of safety-related power-operated Gate Valves,In Response to NRC Second RAI Dtd 990225 ML20207C7531999-05-17017 May 1999 Discusses Issue Identified by FPL in Feb 1998 Involving Potential for Fire to Cause Breach of Rc Sys High/Low Pressure Interface Boundary & NRC Decision for Exercise of Enforcement Discretion ML17241A3301999-05-17017 May 1999 Forwards LER 99-004-00 Re as Found Cycle 10 Psv Setpoints Outside TS Limits,Which Occurred on 990415.Root Cause Determination Not Yet Complete.Suppl to Include Root Cause & Corrective Actions Will Be Submitted ML17309A9821999-05-10010 May 1999 Forwards Rev 36 to St Lucie Emergency Plan, Per 10CFR50.54(q).Executive Summary & Summary of Changes Incorporated by Rev,Encl IR 05000335/19980141999-04-29029 April 1999 Provides Confirmation of NRC Staff Conclusions Re Cited & non-cited Violations in Insp Rept 50-335/98-14 & 50-389/98-14.Utils Position Re Consideration of Multiple Spurious Actuations in Event of Fire,Reiterated ML17241A3221999-04-29029 April 1999 Provides Confirmation of NRC Staff Conclusions Re Cited & non-cited Violations in Insp Rept 50-335/98-14 & 50-389/98-14.Utils Position Re Consideration of Multiple Spurious Actuations in Event of Fire,Reiterated ML17229B1071999-04-28028 April 1999 Forwards 1998 Annual Environ Operating Rept for St Lucie Unit 2. Rept Includes Discussions of 5-inch Barrier Net Maint & Taprogge Condenser Tube Cleaning Sys Ball Loss,As Agreed at First Biennial Sea Turtle Meeting Held on 980120 ML17229B1051999-04-22022 April 1999 Requests That Listed Individuals Be Placed on Official Serve List for Nuclear Matl Safety & Safeguards Info Notices ML17229B1061999-04-21021 April 1999 Notifies NRC of Change in Medical Status of Licensed Operator Pf Farnsworth (Docket 55-21285,license SOP-21094). NRC Form 3996, Medical Exam Certification, Encl.Encl Withheld Per 10CFR2.790(a)(6) ML17309A9851999-04-15015 April 1999 Requests That NRC Review Denial of Appeal from Assessment of Fees Assessed in 981101 Invoice RS0062-99 & Assessment of Fees in Invoice RS0182-99 Which Was Also Denied in 990305 Ltr.Both Invoices Are for Fees Re Inspector GG Warnick ML20205M0431999-04-13013 April 1999 Eighth Partial Response to FOIA Request for Records.App Q & R Records Encl & Being Made Available in PDR ML17229B0951999-04-0808 April 1999 Requests Approval of Encl Revised Relief Request 6,in Response to 990322 Telcon with NRC & 10CFR55.55a(a)(3). Request States That Visual VT-3 Exams Will Be Conducted IAW IWA-2213 & Repairs Will Be IAW Util ASME Section IX Program ML17229B0821999-04-0707 April 1999 Requests Approval of Interim Relief Request 26 Re Repair Requirements for Class 2 ECCS Piping,Per 10CFR50.55a(a)(3) & 50.55a(g)(iii).Alternative Actions Apply Guidance of GLs 91-18 & 90-05 & ASME Code Case N-513.Evaluation,encl 1999-09-28
[Table view] Category:INCOMING CORRESPONDENCE
MONTHYEARML17241A5001999-10-21021 October 1999 Forwards Rev 3 to Emergency Response Data Sys (ERDS) Data Point Library for St Lucie Unit 1.Rev Provides Replacement Pages & Follows Format Recommended by NUREG 1394, ERDS Implementation, Rev 1,App C ML17309A9981999-10-19019 October 1999 Forwards Revised Epips,Including Rev 3 to EPIP-10 & Rev 25 to HP-202.EPIP-10 Added Onsite Monitoring Points,Made Administrative Changes & Incorporated New Attachments & HP-202 Added Red Team Survey Points ML17241A4811999-10-0101 October 1999 Reports Number of Tubes Plugged During Unit 1 Refueling Outage SL1-16,per TS 4.4.5.5.a ML17241A4701999-09-25025 September 1999 Forwards Info Requested by NRC Staff During 990916 Telcon to Complete Staff Review of Request for risk-informed Extension of Action Completion/Aot Specified for Inoperable Train of LPSI Sys at Plant ML17241A4721999-09-24024 September 1999 Forwards Rev 1 to Plant Change/Mod (PCM) 99016 to St Lucie Unit 1,Cycle 16 COLR, IAW TS 6.9.1.11.d.Refueling Overhaul Activities Are Currently in Progress & Reactor Operations for Cycle 16 Are Scheduled to Commence in Oct 1999 ML17241A4681999-09-22022 September 1999 Requests Restriction Be Added to Senior Operator License SOP-21093 for TE Bolander.Nrc Forms 369,encl.Encl Withheld Per 10CFR2.790(a)(6) ML17241A4671999-09-20020 September 1999 Forwards Completed NRC Form 536, Operator Licensing Exam Data, for St Lucie Units 1 & 2,as Requested in Administrative Ltr 99-03, Preparation & Scheduling of Operator Licensing Exams. ML17241A4581999-09-13013 September 1999 Forwards Info Requested by NRC Staff During 990630 & 0816 Telcons,To Complete Review of Proposed License Amend for Fuel Reload Process Improvement Program ML17241A4531999-08-31031 August 1999 Informs That No Candidates from St Lucie Plant Will Be Participating in PWR Gfes Being Administered on 991006 ML17241A4521999-08-31031 August 1999 Withdraws Relief Request 16 & Suppl Relief Request 15 with Info Requested During 990526 Telephone Conference Re ISI Insp Plan,Third 10-yr Interval ML17241A4501999-08-26026 August 1999 Informs That FPL Has Reviewed Reactor Vessel Integrity Database,Called RVID2,re Closure of GL 92-01,rev 1,suppl 1. Requested Corrections & Marked Up Pages from Rvid 2 Database Summary Repts That Correspond to Comments,Attached ML17241A4371999-08-13013 August 1999 Forwards fitness-for-duty Program Performance Data for six- Month Period Ending 990630,per 10CFR26.71(d) ML17241A4461999-08-11011 August 1999 Requests That W Rept Entitled, Evaluation of Turbine Missile Ejection Probability Resulting from Extending Test Interval of Interceptor & Reheat Stop Valves at St Lucie Units 1 & 2, Be Withheld from Public Disclosure L-99-171, Forwards Rev 56 to Physical Security Plan.Summary of Changes & Marked Up Copy of Revised Pages Also Encl.Encls Withheld from Public Disclosure Per 10CFR2.790(a)(3)1999-07-29029 July 1999 Forwards Rev 56 to Physical Security Plan.Summary of Changes & Marked Up Copy of Revised Pages Also Encl.Encls Withheld from Public Disclosure Per 10CFR2.790(a)(3) ML17309A9911999-07-26026 July 1999 Forwards Revised EPIPs & Revised Procedures That Implement Emergency Plan as Listed.Procedures Provides Instruction for Operational Support Ctr (OSC) Chemistry Supervisor to Establish Remote Labs at Locations Specified ML17241A4221999-07-22022 July 1999 Forwards List of Proposed Licensing Actions for St Lucie Units 1 & 2,planned During Fys 2000 & 2001,in Response to Administrative Ltr 99-02, Operating Reactor Licensing Action Estimates. ML17241A4471999-07-22022 July 1999 Requests That Rev 1 to WCAP-14732 & Rev 1,Add 1 to WCAP-14732 Be Withheld from Public Disclosure ML17241A4151999-07-22022 July 1999 Forwards Revised Relief Request 25 for Second 10-yr ISI Interval for Unit 2 ML17241A4101999-07-16016 July 1999 Forwards FP&L Supplemental Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants ML17309A9881999-07-0707 July 1999 Forwards Rev 5 to EPIP-03, Emergency Response Organization Notification/Staff Augmentation. Rev 5 to EPIP-03 Was Revised to Transfer EP Responsibilities from Training Manager to Protection Svcs Manager ML17241A4011999-06-30030 June 1999 Forwards Info Copy of Florida Wastewater Permit (FL0002208) (Formerly NPDES Permit) Mod,Which Was Issued by Florida Dept of Environ Protection on 990604 ML17241A3971999-06-30030 June 1999 Forwards Suppl Response to GL 96-05, Periodic Verification of Design-Basis Capability of Safety-Related Movs, as Requested in 990317 Ltr ML17355A3661999-06-30030 June 1999 Forwards Florida Power & Light Topical QA Rept, Dtd June 1999.Encl I Includes Summary of Changes Made to Topical QA Rept Since 1998 ML17241A3951999-06-29029 June 1999 Provides Response to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants.Gl 98-01, Y2K Readiness of Computer Sys at Nuclear Power Plants, Requested Response on Status of Facility Y2K Readiness by 990701.Disclosure Encl ML17241A3731999-06-17017 June 1999 Supplements Relief Requests 4,11 & 13 for Third ten-year ISI Interval with Info Requested During 990526 Telcon.Expedited Review Is Requested by 990730 to Avoid Negatively Impacting Upcoming St Lucie Unit 1 Refueling Outage (SL1-16) ML17241A3641999-06-14014 June 1999 Submits Supplement to Relief Request 24 with Info Requested by Nrc.In Addition Relief Request 24 Is Identical to St Lucie Unit 1 Relief Request 4 for Third ISI Interval Being Supplemented by FPL Ltr L-99-139 L-99-129, Forwards Rev 55 to Physical Security Plan,Summary of Changes & Marked Up Copy of Revised Pages.With Directions for Incorporating Rev Into Plan & Copies of Replacement Pages.Rev Withheld,Per 10CFR2.790(a)(3)1999-06-0909 June 1999 Forwards Rev 55 to Physical Security Plan,Summary of Changes & Marked Up Copy of Revised Pages.With Directions for Incorporating Rev Into Plan & Copies of Replacement Pages.Rev Withheld,Per 10CFR2.790(a)(3) ML17241A3601999-06-0707 June 1999 Forwards Correction to Annual Radiological Environ Operating Rept for CY98.Util Has Identified Transcription Error on Last Page of Attachment C of Rept,Results from Interlaboratory Comparison Program 1998 ML17241A3561999-06-0707 June 1999 Forwards Rept Containing Brief Description & Summary of SEs for Changes,Tests & Experiments Which Were Approved for Unit 3 During Period of 970526-981209 ML20195F3941999-05-27027 May 1999 FOIA Request That Memo from J Calvo to Fl Lebdon Re TIA - St Lucie,Unit 1 Environ Qualification of Woodward Governor Controls Be Placed in PDR ML17241A3461999-05-24024 May 1999 Forwards Revised Relief Request 22 to Clarify Several Areas of Relief.Nrc Action Is Requested to Be Complete by Aug 1999 to Support Planning for Spring 2000 Unit 2 Refueling Outage ML17241A3371999-05-20020 May 1999 Forwards Util Suppl to GL 95-07 Response Re pressure-locking & Thermal Binding of safety-related power-operated Gate Valves,In Response to NRC Second RAI Dtd 990225 ML17241A3391999-05-20020 May 1999 Forwards Notification of Change to Small Break LOCA ECCS Evaluation Model Used for St Lucie Unit 1.Anomaly Was Discovered & Corrected That Resulted in Reducing Calculated PCT for Limiting SBLOCA by More than 50 F ML17241A3301999-05-17017 May 1999 Forwards LER 99-004-00 Re as Found Cycle 10 Psv Setpoints Outside TS Limits,Which Occurred on 990415.Root Cause Determination Not Yet Complete.Suppl to Include Root Cause & Corrective Actions Will Be Submitted ML17309A9821999-05-10010 May 1999 Forwards Rev 36 to St Lucie Emergency Plan, Per 10CFR50.54(q).Executive Summary & Summary of Changes Incorporated by Rev,Encl ML17241A3221999-04-29029 April 1999 Provides Confirmation of NRC Staff Conclusions Re Cited & non-cited Violations in Insp Rept 50-335/98-14 & 50-389/98-14.Utils Position Re Consideration of Multiple Spurious Actuations in Event of Fire,Reiterated IR 05000335/19980141999-04-29029 April 1999 Provides Confirmation of NRC Staff Conclusions Re Cited & non-cited Violations in Insp Rept 50-335/98-14 & 50-389/98-14.Utils Position Re Consideration of Multiple Spurious Actuations in Event of Fire,Reiterated ML17229B1071999-04-28028 April 1999 Forwards 1998 Annual Environ Operating Rept for St Lucie Unit 2. Rept Includes Discussions of 5-inch Barrier Net Maint & Taprogge Condenser Tube Cleaning Sys Ball Loss,As Agreed at First Biennial Sea Turtle Meeting Held on 980120 ML17229B1051999-04-22022 April 1999 Requests That Listed Individuals Be Placed on Official Serve List for Nuclear Matl Safety & Safeguards Info Notices ML17229B1061999-04-21021 April 1999 Notifies NRC of Change in Medical Status of Licensed Operator Pf Farnsworth (Docket 55-21285,license SOP-21094). NRC Form 3996, Medical Exam Certification, Encl.Encl Withheld Per 10CFR2.790(a)(6) ML17309A9851999-04-15015 April 1999 Requests That NRC Review Denial of Appeal from Assessment of Fees Assessed in 981101 Invoice RS0062-99 & Assessment of Fees in Invoice RS0182-99 Which Was Also Denied in 990305 Ltr.Both Invoices Are for Fees Re Inspector GG Warnick ML17229B0951999-04-0808 April 1999 Requests Approval of Encl Revised Relief Request 6,in Response to 990322 Telcon with NRC & 10CFR55.55a(a)(3). Request States That Visual VT-3 Exams Will Be Conducted IAW IWA-2213 & Repairs Will Be IAW Util ASME Section IX Program ML17229B0821999-04-0707 April 1999 Requests Approval of Interim Relief Request 26 Re Repair Requirements for Class 2 ECCS Piping,Per 10CFR50.55a(a)(3) & 50.55a(g)(iii).Alternative Actions Apply Guidance of GLs 91-18 & 90-05 & ASME Code Case N-513.Evaluation,encl ML17229B0851999-04-0505 April 1999 Requests Approval of Encl Relief Request 25 Which Proposes to Use Alternative Requirements of ASME Code Case N-613 in Lieu of Requirements of ASME Section XI Figures IWB-2500-7(a) & IWB-2500-7(b).Action Requested by Aug 1999 ML17309A9791999-03-31031 March 1999 Forwards Revised EPIPs Including Rev 2 to EPIP-00,rev 2 to EPIP-09,rev 2 to EPIP-10 & Rev 10 to HP-207.Summary of Revs Listed ML17309A9761999-03-23023 March 1999 Forwards Revised Epips,Including Rev 4 to EPIP-03, Er Organization Notification/Staff Augmentation, Rev 3 to EPIP-05, Activation & Operation of OSC & Rev 14 to HP-200, HP Emergency Organization. Changes to Epips,Discussed ML17229B0691999-03-19019 March 1999 Transmits TS Pages Requested by NRC for Use in Issuance of Proposed License Amend Re SFP Storage Capacity,Per Soluble Boron Credit ML17229B0721999-03-16016 March 1999 Requests Approval of Enclosed Relief Requests 23 & 24 Re ISI Plan for Second ten-year Interval.Nrc Action Is Requested to Be Complete by Aug 1999 to Support Planning for Spring 2000 Unit 2 Refueling Outage ML17355A2631999-03-12012 March 1999 Forwards FPL Decommissioning Fund Status Repts for St Lucie, Units 1 & 2 & Turkey Point,Units 3 & 4.Rept for St Lucie, Unit 2 Provides Status of Decommissioning Funds for All Three Owners of That Unit ML17229B0481999-03-10010 March 1999 Informs That Util Delivered Matls Requested in Encl 1 of NRC Ltr by Hand on 990308,as Requested by NRC Ltr Dtd 990218 1999-09-25
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P R.IC3R.IMY'(ACCELERATED RIDS PROCESSING 4 REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)
ACCESSION NBR: 9412080056 DOC. DATE: 94/12/05 NOTARIZED: NO DOCKET FACIL:50-389 St. Lucie Plant, Unit 2, Florida Power & Light Co. 05000389 AUTH. NAME AUTHOR AFFILIATION JABLON,R.A. Spiegel & McDiarmid BLAIR,B.S. Spiegel & McDiarmid RECIP.NAME RECIPIENT AFFILIATION GODY,A.T. Office of Nuclear Reactor Regulation, Director (Post 870411
SUBJECT:
Submits rept on events relevant to "Petition of Florida Municipal Power Agency for Declaration & Enforcement of Antitrust Licensing Conditions & to Impose Requirements by Order" filed on 930702,in response to B Lambe request.
DISTRIBUTION CODE: Z998D COPIES RECEIVED:LTR ENCL SIZE:
TITLE: Antitrust Info Re Reg Guide 9.3 NOTES:
RECIPIENT COPIES RECIPIENT COPIES ID CODE/NAME LTTR ENCL ID CODE/NAME LTTR ENCL DRP/ADR-2 PD2-2 LA PD2-2 PD NORRIS,J INTERNAL: FILLE/TER 01 NRR/PMAS/PTS B
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RUSSELL F. SMITH, III ROBERT A.JASLCN WASTIIhGTQN, D.C. 2OODei4798 DAVID C. POMPCR JAMES N. HORWOOD TERESA A, FKRRANTC ALANJ. 'RDTH MARK S, HCCEDVS FRANCES C FRANCIS TELEPHONE I202I 8'/8.4ODD SAMUEL B. JOHNSON DANIEL I, DAVIDSON TELECOPIER Iaoal 303 2888 ~ CAROLYALBiCARMOOY PCTCR K. MATT DAVID R. STRAUS vv WCNOV S.
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~ ONNIE S. BLAIR ~ v 'J CF FR CY A. SCHWARZ THOMAS C. TRAUOER ~ U CUI I1 UO Soli O<<l r JOHN J. CORSETT UUIUNA llr I*% OUIT CYNTHIA S, SOCORAD ~ UUCUST14PVarivavlr CARY J. NEWELL P, DANIEL SRVNCR OF COURS CL SCOTT H, STRAUSS RCHA I STEINZDR QCN FINKELSTEIN STEPHEN M. FCI OMAN PHILIP E. CLAPP MARCARET A. MEODLDRICK OSYS!UIMSIITA+FAI1L CIIICIITO4 LISA C. DDWOCN December 5, 1994 IUD A USUSSE OFTIIS'IMI Mr. Anthony T, Gody Chief, Iaspection Program Branch Directorate for Inspection and Support Programs ORcc of Nuclear Reactor Regulation U,S. Nuclear Regulatory Commission One White Hint North 11555 Rockvtlle Pike Rockvillc, MD 20852 Re: Docket No. 50-389, St. Lucie Plant, Unit No, 2 Up-Date Regarding Petition for Enforcemeat by Florida Municipal Power Agency
Dear Mr. Gody:
In response to Bill Lambe's request, we are submitting this report on events relevant to the "Petition of Florida Municipal Power Agency for Declaration aad Enforcement of Antitrust Licensing Conditions and to Impose Requirements by Order"
("FMPA's Petition" ), Gled on July 2, 1993. Although much has occurred in the seventeen months since FMPA Bled its Petition, two critical conditions remain unchanged: (1) no regulatory or Judicial authority has acted to enforce the St. Lucie Plant, Unit No. 2 antitrust license conditions ("Antitrust Conditions" ), and (2) Florida Power 4 Qght Company ("FPL"), which agreed to the Antitrust Conditions, still is not se0ing network transmission service to FMPA.
There arc two proceedings currently pending before the Federal Energy Regulatory Commission which are relevant to FMPA's efforts to secure network transmission service, Ia FBRC Docket Nos. TX934000 and EL93-51-000, initiated by a FMPA complaint Bled on July 2, 1993, the FERC has ordered FPL to Qle a rate for network transmission service pursuant to the FERCs authoritjj under g 211 and 212 of I p q412080056 941205 0 Q PI 0 3 ( PDR ADOPK 05000589 PDR
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Mr. Anthony T. Gody December 5, 1994 Page 2 the Federal Power Act ('FPA"), 16 U.S.CA, H 824j and k; the FERC expressly deferred making any ruling on FMPA's complaint that FPL violated 5 206 of the FPA by Ming to comply with the Antitrust Conditions. In FERC Docket No. ER93465-000 and consolidated dockets, the FERC has set for hearing, among other issues, whether FPL's proposed rates, terms, and conditions far transmission and other wholesale services arc unduly discriminatory in failing to offer transmissian users comparable access to the FPL transmission network.
As reported at page f3 of FMPA's Petition, PMPA Bled a complaint with the FERC simultaneously with its Petition to thc NRC. On October 28, 1993, the FERC determined that, under the newly enacted Energy Policy Act of 1992 ("EPAct"), Section 211 of the Federal Power Act, 16 U,S.C.A. 5 824j, it would issue a "proposed order requiring [FPL] to provide network transmission service to support FMPA's IDO Project, without multiple point-ta-paint pricing and consistent with 212(a)" of the Federal Power Act, 16 U.S.C.A. 5 824k ('roposed Order" ). The Proposed Order is reported at 65 FERC $ 61,125 (1993), The Proposed Order directed the parties to negotiate for a period of sixty days to attempt to reach agreement on the proper terms and conditions for network transmission service. The FRRC expressly deferred the issue of FPL's obligations to sell network transmission pursuant ta the Antitrust Conditions, Proposed Order, 65 FERC at page 61,618.
FMPA and FPL were unable to agree on the terms and conditions for network transmission service, and during thc Brst quarter of 1994, both parties Bled briefs and supporting materials setting forth their respective positions, On May 11, 1994, the PERC issued a "Final Order" in Docket Na. TX934-000, 67 FERC $ 61,167 (May 11, 1994),
, In the Final Order, the FERC approved PPL's proposed load ratio approach to the pricing of network transmission with the crucial additional requirement, proposed by FMPA, that FMPA receive credit for transmission facilitics owned by FMPA or its members that will be used, along with FPL transmission facilities, to integrate FMPA's loads and resources. 67 FERC at pages 61,48&2. Both FPL and FMPA sought rehearing of certain aspects of the Final Order, and those requests for rehearing remain pending.
On July 11, 1994,'PL fQcd a document styled a Network Integration Service Agreement ("NISA"), with which FMPA did the requirements of the Final Order. In fact,
~ agree, which purported to comply with FPL's July 11, 1994 Sling did nat comply with the Final Order in a number of critical respects. Most notably, FPL's proposed NISA contained no provision for crediting FMPA or member-awned transmission facilitics, contrary to the directive in the Bnal Order. On August 12, 1994 PMPA Bled a
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l I Mr. Anthony T. Gody December 5, 1994 Page 3 Protest to FPL's NISA, demonstrating that it does not comply with the FERCs Hnal Order. The FHRC has not yet acted on FPL's proposed NISA or on FMPA's Protest.
B. N On March 19, 1993, prior to the Sing of FMPA's Petition in this proceeding, FPL Bled proposals to revise its rates, terms and coaditions for virtually all of its wholesale services, including wholesale power sales, transmission, arid interchange services. The FERC initially rejected that filing through a de6ciency letter dated May 18, 1993. On July 26, 1993, FPL re-submitted its Bling. FPL did not include proposed terms and conditions for network transmission service, despite FMPA's long-standing requests for such service, The FERC initiated hearing procedures in Docket No. ER93465-000 and consolidated dockets to consider whether FPL's proposais, which took effect subject to refund on February 26, 1994, are just and reasonable.
On June 16, 1994, the FBRC expanded the scope of the proceedings in Docket No. ER93465-000 to consider whether FPL's proposals wiH afford FPL's competitors, inciudirig FMPA, access to FPL's transmission network on terms comparable to FPL's own uses of the transmission network. 6'7 PERC 5 61,326. 'the PERC expressly included as an issue the significance of network trarismission service in evaluating comparability of access, FPL filed testimony on the comparability issues on August 5, 1994, Although FPL stated that it generally is willing to offer network transmission services on terms similar to those proposed in its NtSA in Docket No. TX934-000, described above, FPL did not Qle any proposal for a generally applicable network transmission service tariff in Docket No. ER93-465-000.
On October 21, 1994, the FERC Staff Bled a proposed network service tariff in Docket No. ER93465-000. FMPA generally supports the FERC Staff's proposals, although FMPA believes that some modiQcations are appropriate, FPL has not accepted the FBRC Staff network transmission proposal.
Evidentiary hearings in Dockc,t No. BR93465-000 are scheduled to begin in January, 1995.
D At the time FMPA Gled its Petition in this proceeding, the parties were preparing for trial on FMPA's claims in the United States District Court for the Mddie District of Florida, Docket No. 92-35-CIV-ORI 3A22. On December 16, 1993, the District Court
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Mr. Anthony T. Gody December 5, 1994 Page 4 L
dismissed FMPA's claims on grounds that the "Bled rate" doctrine prectudes FMPA"s=
claims for damages, and that FMPA's claims for injunctive relief are moot in light of the proceedings pending before the FBRC in Docket No. TX934-000.
839 Fe Supp. 15Q (M.D. Fla. 1993), gypped
~kg. The District Court's appHcation of the Bled rate doctrine was based upon FPL's point-to-point transmission service rates on Ec at the FSRC. g, at 1571, The District Court did not rulc on FMPA's claim that the Antitrust Conditions obligate H?L to sell network transmission service to FMPA.
FMPA has appealed the District Court's dismissal of FMPA's claims to the United States Court of Appeals for the Eleventh Circuit, Case No, 94-2320. FMPA maintains that the District Court erred in disregarding the crucial distinction, highlighted 718 (1974), ~
by this Commission in 1 NRC 45 (1975), between network transmission and point-to-point 8 ABC transmission. The flled rate doctrine appHes only to rates for service which are actually Bled with a regulatory agency and which therefore can be corrected by the agency.
Because FPL rewed to Qlc a rate for network transmission service with the FHRC, there was no Bled rate for network transmission, and FMPA is entitled to seek damages for FPL's unlawful refusals to sell network transmission. On August 10, 1994, the United States Department of Justice Ecd a brief gmjggs ger~ agreeing with PMPA that the Bled rate doctrine does not apply where there was no rate on 61c for the service at issue, although it did not take any position on the underlying merits of matters in controversy.
BricQng before the Eleventh Circuit has been completed, but oral argument has not yet been scheduled.
In response to a June 7, 1994 Request for Proposals regarding power supply alternatives by the Qty of Lake Worth, Florida, FPL on September 1, 1994 submitted a proposal to acquire the Lake Worth electric system. Lake Worth is a prospective member of FMPA's IDO Project, which FMPA has been blocked from implementing duc to FPL's refusals to seH network transmission service to FMPA. Thus, while continuing to interfere with FMPA's ability to maximize eSciencics and'o offer lower cost power to its IDO members, FPL has sought to acquire one of those members. It is FMPA's understanding that Lake Worth has rejected FPL's acquisition proposal.
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Mr. Anthony T. Gody December 5, 1994 Page 5 The foregoing sets forth the current status of FMPA's ongoing efforts to obtain network transmission service from FPL Despite all of FMPA's efforts, FPL stiD is not
'elling network transmission service to FMPA, and no court or regulatory agency has adjudicated FMPA's rights to enforce the Antitrust Conditions and to buy network transmission service under the Antitrust Conditions. Ihe Antitrust Conditions had the purpose of curing an aQcgcd situation inconsistent with the antitrust laws" by providing assurance that certain services, including transmission, would be available on reasonable terms to requesting neighboring entities.Section X(b) of the Antitrust Conditions requires that in the event of a dispute over the services which are required to be provided, FPL is obligated to "immediately file" a service agreement with the FERC.
FPL's compliance with this provision would have given the PERC immediate and unquestioned jurisdiction over'he terms for network transmission, thereby preventing a denial of services and substantial harm to FMPA and to the competitive process.
Although the FERC's Final Order in Docket No. TX934-000 defers ruHng on FMPA's rights under the Antitrust Conditions, it does determine that network transmission service is in the pubHc interest, and that there are no reliability or technical impediments to FPL providing network transmission. These conclusions, of which FPL has not sought rehearing, eliminate any legitimate factual basis for FPL's rehsal to Qle a network transmission rate pursuant to thc Antitrust Conditions. The issues remaining concern FMPA's legal rights under the Antitrust Conditions. Action by this Commission still is necessary and appropriate to assure proper enforcement of FMPA's rights and FPL's obHgations under the Antitrust Conditions, and FMPA therefore requests that the NRC take appropriate action to that effect, Ifwe can be of further assistance, please do not hesitate to contact us, Sincerely, Robert A. Sablon IP~~ s. Ra Bonnie S. Blair Attorneys for Florida Municipal Power Agency cc: J.A. Bouluight, Jr.