ML17266A261

Notice of Issuance & Availability of Amend 1 to CPPR-144

ML17266A261
Person / Time
Site:	Saint Lucie
Issue date:	09/18/1980
From:	Youngblood B Office of Nuclear Reactor Regulation
To:
Shared Package
ML17208B019	List: ML17208B017 ML17208B021 ML17266A261
References
ALAB-603, NUDOCS 8009260013
Download: ML17266A261 (44)

Text

FLORIDA POMER AND LIGHT COMPANY ST.

LUCIE PLANT UNIT NO. 2 DOCKET 50-389 NOTICE OF ISSUANCE OF AMENDMENT TO CONSTRUCTION PERMIT AND AVAILABILITYOF DECISION Notice is hereby given that pursuant to a Decision, dated July 30, 1980, by the Atomic Safety and Licensing Appeal Board, the Nuclear Regulatory Comission has issued Amendment No.

1 to Construction Permit No. CPPR-144 issued to Florida Power and Light Company for construction of the St. Lucie Plant, Unit No.

2 located on Hutchinson Island in St. Lucie County, Florida.

The Appeal Board Decision directed modification of Construction Permit No. CPPR-144 to include a conditio'n requiring the applicant's Final Safety Analysis Report to demonstrate the ability of the St. Lucie Plant, Unit No.

2 to be,ssaMy controlled through a complete loss of ac power.

The Nuclear Regulatory Commission has found that the provisions of the amendment complies with the requirements of the Atomic Energy Act of 1954, as

amended, and the Commission's regulations published in 10 CFR Chapter I and has concluded that the issuance of the amendment will not be inimical to the common r

defense and security or to the health and safety of the public.

The Commission has determined that the issuance of this amendment will not result in any environmental impacts other than those evaluated in the Final Environmental Statement since the activity authorized by the amendment is encompassed by the overall action evaluated in, the Final Environmental Statement.

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For further details with respect to this action, see (1) the Atomic Safety and Licensing Appeal Board Decision (ALAB-603),,dated July 30, 1980, and (2)

Amendment No.

1 to Construction Permit No. CPPR-144.

Both of these items are available for public. inspection at the Commission's Public Document Room, located at 1717 O'Street, N. W., Washington, D. C.

20555.and at the Indian River Community College Library,'209 Virginia Avenue, Ft. Pierce, Florida 33450.

A copy of items 1 and 2 may be obtained upon request addressed to the U.

S. Nuclear Regulatory Commission, Washington, D. C. 20555, Attention: Director, Division of Licensing.

Dated at Bethesda, Maryiand,'his I( ~day of September, 1989.

FOR THE NUCLEAR REGULATORY COMMISSION B..

Yo ngblood, Chief Licensing Branch No.

1 Division of Licensing

For further details s;fth respect to this action, see (1) the Atomic Safety and Licensing Appeal Board Decision (ALAB-603), dated July 30, 1980, and (2)

Amendment No.

1 to Construction Permit No. CPPR-144.

Both of these items are available for public inspection at the Coranfssfon's Public Document Room, located at 1717 H Street, N. W., Washington, D. C. 20566 and at the Indian Rtver Comunfty College Lfbrary, 3209 Vfrgfnfa Avenue, Ft. Pierce, Florida 33450.

A copy of items 1 and 2 may be obtained upon request addressed to the U. S. NucIear Regulatory Commission, Washington, D. G. 20655, Attention: Director, Division of Licensing.

Dated at Bethesda, Maryland, this I (~day of September, 1980.

FOR THE NUCLEAR REGULATORY CONbfISSION B. J.

Youngblood, Chfej Licensing Branch No.

1 Division of Licensing The Commission has determined that the i a

e issuance of this amendment will not result in any environmental impacts other th th r

an t ose evaluated in the F nal Environmental Statement since the activit a

e e activity authorized by the amendment is encompassed by the overall action evaluated in th in t e FinaI Environmental Statement.

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SURNAME DATE)

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LUCIE PLANT, UNIT NO.

2 DOCVET 50-389 NOTICE F ISSUANCE OF AtlENDhtENT TO CONSTRUCTION PERti AND NAILASILITYOF DECISION Notice is hereby given tha pursuant to a Decision, dated July 30,

1980, by the Atomic Safety and Licensing ppeal Board, the Nuclear Regulatory Cotpmission has issued Amendment No.

1 o Construction Permit No.

CPPR>>144 issued to Florida Power and Light Company for c struction of the St. Lucie Plant, Unit Ifo. 2 located on Hutchfnsoni eland fn St.

L cfe County, Flpip

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The Appeal Board Decisio directed modif cation oi onstruction Permit No. CPPR-144 to include a cond tion requiring th.ppplicant's Final Safety Analysis Report to demonstrate he ability o.

he

. Lucio Plant, Unit No.

2

~so drw2ovddvurr to~

- ~ a complete los qf ac power The Nuclear Regulatory Commission s found that t e provisions of the amendment complies with the requird nts of the Atomic En gy Act of 1954, as r

amended, and the Commission's re lations Published in 10 C

Chapter I and has f

concluded that the Issuance o

the aiilendment wf'll not be fnfmf al to the common

~ defense and secor)ty or to he Iiea'Ith 'end safety of the publfc.

Prfor publfc otfc mendmenMmmnot=requfredmfnse-tie-amendme

~ do s not involve a sf ni 'nt hazards cbnsfde o~

The Commission has determ hat t e issuance of the amendment wi) not I

resul

~ in any signif ant environmenta pact and that pursuant to CFR 51.&(d)(4)

/

an e vfronmeift Impact apprafsal need not be r~ared fn connectfon wfth'Issuance of this amendment.

OFFICE)

SURNAME DATE$

NRC FORM 318 (9.76) NRCM 0240 AV.S. GOVERNMENT PRINTING OFFICE: 1979.289 389

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Docket No. 5Q-389 tttAY 2

)g77 Florida Power 8 Light Company ATTN:

Dr. Robert E. Uhrig Vice President of Nuclear and General Engineering P.

O.

Box 3100 Hiami, Florida 33101 Gentlemen:

SUBJECT:

ISSUANCE OF CONSTRUCTION PERfiIT - ST.

LUCIE PLANT UNIT NO.

2 Construction Permit No.

CPPR-144 is enclosed, together with a copy of a related notice, which has been forwarded to the Office of the Federal Register for publication.

The construction permit authorizes Florida Power and Light Company to construct a pressurized water nuclear reactor, designated as St. Lucie Plant Unit No. 2, at Florida Power and Light Company's site on Hutchinson Island in St. Lucie County, Florida.

Construction Permit No.

CPPR-144 includes antitrust. conditions which have been agreed to by Florida Power and Light Company in a letter to the Nuclear Regulatory Commission dated IIarch 18, 1977.

This construction permit, however, is issued subject to such fur the} action as may be deemed appropriate by the Commission as a result of an antitrust proceeding involving this facility now pending before an Atomic Safety and Licensing Board initiated by a group of Florida cities.

Si neer ely, OFiQtMI sig1101i by KI<niqi Karl Kniel, Chief Light Mater Reactors Branch No.

2 Division of Project Management 0~

Enclosures:

1.

Construction Permit No.

CPPR-144 2.

Federal Re ister Notice oi cc w/encls:

SEE PREVIOUS YELLOW FOR PREVIOUS CONCURRENCES See a e 2 RETYPED TO CORRECT ERROR.

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Docket No. 50-389 Florida Power 8 Light Company ATTN:

Dr. Robert E. Uhrfg

'ice President of Nuclear and General Engineering P. 0.

Box 3100 Nfamf, Florida 33101 Gentlemen;

SUBJECT:

ISSUANCE OF QNSTRUCTION PERlIT - ST.

LUC PLANT UNIT HO. 2 Construction Permf Ho. CPPR-144 fs enclosed, to ether with a copy of a related notice, has been forwarded to the 0 Ace of the Federal Register for publ ication.

The construction permit authorizes Florj a Power and Light Company to.

construct a pressurized water-nuclear reactor, designated as St. Lucie Plant Unit No. 2, at Florida Power a d Light Company's site on

'utchfnson Island in St. Lucie Cou y, F'torida.

Construction Permit No. CPPR-14 includes antitrust conditions which have been agreed to by Florid Power and Light Company fn a letter to the Nuclear Regulatory Comm) fon dated March 18.- 1977.

This construction permit. however, fs issued ub3ect to such further action as may be deemed appropriate by the Comfs on as a result of an antitrust proceeding involving thfs facility ow pending before an Atomic Safety and Licensing Board initiated by a -gr up of Florida cities.

Sincer,ely, Karl Knfel, Chief Light ttater Reactors Branch No.

2 Division of Prospect Managenent Enclosure 1.

Con tructfon Permit No.'PPR-144 2.

Fe eral Reqfster Notice cc y encls:

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CmSTRUCZXCm PZR~IT Construction Permit No. CPPR-144 1

Nuclear Regulatory Coamissiohi(the Coamission)~aaing found that:

I The application for constructi'on permit..compJies with the r'equirements of the Atceic Energy Act of '1954, as,axiom~," and the rules and regulations of the Commission, there is j'easonable assurance that the activities authorized by'the permit ~sill be conducted in compliance with the rules and regulation~a of the C mission, and all required notifications to other agencies'r bodie ave been duly made;.

t The Plorida Power

& Light, Company (t))&Applicant) has described the proposed design of the St'. Lucie Pl t Unit, No. 2 (the facility),

including, but not. limited to, g r~ncipal architectural and engineering criteria for the g<<P '$~ gag,identified the ma)or features or comtponents incog~ate

"" <~~ n for the protection of tha health and safety of the ttplloI Such further technical or des'>>nf ~'ation as may be required to complete, the safety analysis<

and <""

n can reasonably be left for later consideration, will be su)pl ~

in the Pinal Safety Analysis Report Safety features, or c nen<<f if~~'.hich require research and developrent have been de 'crib<<'y "ho '~icant and the Applicant---

has identified, and there 'e c.I 'ucted, a r'esearch and development program reasonably designed to resolve any'afety questions associated with such features or components; On the basis of the foregoing, there is reasonable assurance that (i) such safety questions will be satisfactorily resolved at or before the latest date stated in the application'or completion of construction of the proposed facility and (ii) taking into consideration the site criteria contained in 10 CPS Part 100, the-proposed facility can be constructed and operated at Khe proposed location without undue risk to the health and'safety of the public; The Applicant is technically qualified to de~ign and construct the the proposed facility~

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]977 cc w/encl: "

Jack R. Neman, Esq.

Inwenstein, Neman, Reis 6 Axelxad 1026 Connecticut Avenue, N.

$g.

Mashington, D. C.

20036 Nor1mn A. Coll, Esq.

McCax~, Steel, Hector 8 Davis 14th Floor, Firet National Bank Building MiIamip Florida 33131 Martin H. Ihdder 1131 N. E. 86 Street Mia1ni, Florida 33138 Mr, John L. Mcgu9gg

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Ror. 1908 Stuart, Florida 33%9%

Bureau of Intergoverrsnental Relations 660 Apalachep Parktmy Talle3mssee, Florida 32301>

Mr. Weldon B. Lewis County Administrator St. Lucie County P. O.

Bcec 700 Ft. Pierce, Florida 33450 Chief, Ehergy Systens Analysis Brench 064469)

Office of Radiation Programs U. S, Environn1exxta3. Protection Agency Rocsn %6 East To~

Waterside Mal3. (MaQ. Stop AW 469) 401 M Street, S.

W.

Rashington, D. C.

20460 U. S. Znvtrorlnental Protection Agency ATZN:

EIS COORDINATOR Region lV Office 346 CeMQand Street, N. E.

Atlanta, Georgia 30308 Mr. Bruce ELanchard, Directe+.

Ehvironmental Projects Review U. S. Department of the Interior Raan 6321 18th and C Streets, N.

W.

Washington, D. C.

20240

. Defense 1fapping ency Aerospace Center (ADL).

. St. Iadis Air Force Station Missouri 6313.8 (Ehclosure 2 only)

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The ihsuance of a permit for the construction of the facilitywill not be inimical to the common defense and security or to the health and safety of the public; and I.

After weighing the environmental, economic, technical and other benefits of the facility against environrental and other costs and considering available alternatives, the issuance of a construction permit subject to the conditions for protection of the environment set forth herein is in accordance with Appendix D of 10 CPB, Part 50 (now 10 CPR Part 51) of the Cemnission's regulations and all applicable requirements have been satisfied.

2.

Pursuant to Section 103 of the Atomic Energy Act of 1954, as amended (the Act), and Title 10, Chapter I, Code of Federal Regulations, Part 50, "Licensing of Production and Utilization Facilities," and pursuant to the Atomic Safety and Licensing Board's Partial Initial Decision, Supplement to the Partial Initial Decision, and Initial Decision, dated Pebruary 28, 1975, April 25, 1975, and April 19, l977, respectively, the Nuclear Regulatory Camission hereby issues a construction permit to the Applicant for a utilization facility designed to o~rate at 2570 megawatts thermal as described in the application and amendments thereto (the application) filed in-this matter by the Applicant and as-more fully described in the

-evidence received at the public hearing upon that application.

The facility, known as the St. Lucie Plant Unit Ho. 2 will be located on the Applicant's

. site in St. Lucie County, Florida.

3.

This permit shall be deemed to contain and be subject to the conditions specified in Sections 50.54 and 50.55 of said "regulations~ is subject to all applicable provisions of'the Act, and.rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the conditions specified or incorporated below:

A.

The earliest date for the completion of the facility is August 1, 1982 and the latest date for completion is Pebruary 28, 1984.

B.

The facility shall be constructed and located at the site as described 3n the application on the e'ast coast of Florida on Hutchinson Island in St. Lucie County, approximately midway between the cities of Pt.

Pierce and Stuart, Florida.

C.

This construction permit authorizes the applicant to construct the facility described in the application and the hearing record, in accordance with the principal architectural and engineering criteria and environmental protection commitments set forth therein.

D.

The Applicant shall provide erosion protection for the nose of the discharge canal, the design of which must be submitted to the Commission's staff for; review and approval prior to construction.

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The Applicant shall provide erosion protection for the Ultimate Heat Sink barrier wall in the form of sheetpile bulkheads and groins as discussed in Paragraph 48 of the Atomic Safety and Licensing Board's Initial Decision, Gated April 19, 1977.-

F.

(l)

Nith regard to Clay County Electric Cooperative, Inc., Florida Keys Electric Cooperative, Inc., Glades Electric Cooperative, Inc., Lee County Electric Cooperative, Inc Okefenokee Rural Electric flmber-ship Cooperative, Inc., Peace River Electric Coop rative, Inc., and Suwannee Valley Electric Cooperative, Xnc..l/ and the municipalities of New'Smyrna Beach and Homestead:

(a)

Applicant willoffer each the opportunity to purchase, at Applicant's costs, a reasonable ownership share (hereafter, "Participant's Share" ) of the St. Lucie Plant Unit No. 2 (the facility).

"Applicant's costs" will include all costs associated with development, construction and operation of the facility, determined in accordance with the Federal Power Comission's Uniform System of Accounts.

I "Purchase" means pa~en@, within a reasonable time, of parti-cipant's share of Applicant's costs incurred through date of acceptance of the offer, and, thereafter, regular payments of the participant's share of all costs incurred during development, construction 'and operation of the facility.

(b)

Participant will notify Applicant of its acceptance to participate in St. Lucie Plant Unit No. 2 within a reasonable time after receipt of the offer.

(c)

Applicant may retain complete control and act for the other participants with respect to the design, engineering, construction, operation and maintenance of St. Lucie Plant Unit No. 2, and may make all decisions relevant thereto, insofar as they deal with the relationship between the I

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- their entitlements from the St. Lucie Plant Unit No. 2 through a single representative.

In such event, the Applicant shall allocate the delivery of said entitlem nts as designated by the representative to one or more existing or mutually agreeable Florida Power 6 Light Company delivery points on the combined system provided that such delivery is technically feasible.

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(3)

(4)

(5)

Applicant and the other participants, including< but not

, limited to, decisions regarding adherence to the Cevmission's health, safety and environmental regulations, changes in construction schedule, modification or cancellation of the

project, and operation at such time and at such capacity levels as it deems proper, all without the consent of any participant.

Applicant shall facilitate the delivery of each participant's share of the output-of the facility to that participant, on terms which are reasonable and vill fully cmiiensate it for the use of its facilities, to the extent that subject arrangements reasonably can be accot1tmodated from a funct'ional and technical standpoint.

Applicant shall not refuse to operate in parallel to the extent that it is technically feasible to do so with the participants and shall provide emergency apd maintenance pcwer to participants as reauired when such power is or can be made available vithout jeopardizing power supply to Applicant's customers or its other power supply commitments.

A separate rate schedule(s) shall be established for such emergency and maintenance power exchanges.

At a time when Applicant plans for the next nuclear generating unit to be constructed after St. Lucie Plant Unit No. 2 has reached the stage of serious planning, but before firm decisions have been made as to the size and desired co~letion date of the proposed nuclear unit, Applicant villnotify all non-affiliated utility,systems with peak loads analler than Applicant's,vhich serve either at wholesale or at retail adjacent to areas served by Applicant,that Applicant plans to construct such nuclear facility.

1 It is recognized that the foregoing conditions are to be implementecf in a manner consistent with the provisions of the Federal Power Act and all rates, charges or practices in connection therewith are to be subject to the approval of regulatory agencies having jurisdiction over them.

0.

This facility is subject to the following conditions for the protection of the environment:

(l)

The Applicant shall take the necessary mitigating actions<

including those scrmarized in Section 4.5 of the Final Enviropmental Statement, during construction of the facility and associated transmission lines to avoid unnecessary adverse environmental impacts from construction activities.

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(2)

A control program shall be establ'ished by the Applicant to provide for a periodic review of all construction activities to assure that those activities conform to the environmental conditions set forth in this permit.

Before engaging in a construction activity <Rich may result in a significant adverse environmental impact that was not evaluated or that is significantly greater than that evaluated in the Pinal Environmental Statement, the Applicant shall provide written notification to the Commission'8 Director, Division of Site Safety and Environmental Analysis.

Xf unexpected harmful effects or evidence of irreversible damage is detected during facility construction, the Applicant shall provide an acceptable analysis of the problem and a plan of action to eliminate or significantly, reduce the harmful effects or damage.

If any portion of the light screen of Australian pine or other suitable plants installed behind the beach dune for St. Lucie Plant Unit No. 1 is disturbed for St. Lucie Plant Unit No. 2 construction, the Applicant will replace these plantings at the earliest feasible times Furthermore, the. Applicant. will shield plant lighting added for St. Lucie Plant Unit No. 2 to minimize sky shine.

(6)

(7)

In restoring the ocean dune to its original condition after installation of the St. Lucie Plant Unit Bo, 2 discharge line, the Applicant will replant the dune at the earliest feasible time with dune stabilizing plants indigeneous to the area as discussed in Section 4.1 of the Pinal Environmental Statement.

These plantings vill be in addition to the Applicant's commitment. to replant the Austrian pine or other suitable plants light screen if disturbed.

The Applicant shall monitor the actual location of dmesticated cows and goats during plant operation, at time intervals to be specified by the Commission's staff, for the purpose of continuing appraisal of population doses.

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(8)

The Applicant vill undertake the additional engineered safety features (ESF) required to reduce offsite doses to values below the guidelines of 10 CFR Part 100 at a distance of one (1) mile as specified in paragraph 83 of the Partial Initial Decision.

The Applicant shall improve the in-situ soils as recommended by the Commission's staff so that the canal barrier and the slopes between the canal barrier and the plant villnot fail.

(10)

The Applicant shall monitor actual fish entrapment in the intake canal and otherwise comply with the recemnendation as set forth in paragraph 4.5.2(2) of the Final Environmental

., Statement.

(11) 'he Applicant shall comply vith the Commission's staff recemnendation regarding the operation of discharge lines as set forth in paragraph 102 of the Partial Initial Decision, including that the St. Lucie Plant Unit No. 2 multiport discharge line be used as soon as it becomes available, and that when only one unit is operating, -the multiport discharge line be utilized.

(12)

(13)

(14)

The Applicant shall not draw more than four (4) million gallons of water per year'rom Big Nud Creek for routine testing.

I The Applicant shaIl monitor chlorine and chlorine"residuals as recomtnended by'he Conmission's staff and set forth in paragraph 5.2.3 of the Final Enviropmental Statement.

The Applicant shall monitor the thermal field after St. Lucie Plant, Unit No. 1 is operational as set forth in paragraph 110 of the Partial Initial Decision.

(15)

(16)

The Applicant shall continue the turtle nest surveyS and studies to determine any plant impact thereon.

The Applicant shall deliver such studies and survey data to the Comission's staff and shall undertake to promptly publish the data and conculsions therefrom.

I 1

The Applicant shall 'undertake the preoperational and operational rmnitoring program as approved with conditions

'and recomnendations by the Cemnission's staff as set forth in Section 6.1 of the'Final Envirqnmental Statement.

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This permit is sub)ect to the limitation that a lfcense authorizing operation of the facilitywill not be issued by the Ccrmission unless (a) the Applicant sub@its to the Cmmission the complete Final Safety Analysis Report, port'ions of which may be submitted and evaluated from time to time> (b) the Cmeission finds that the final design provides reasonable assurance that, the health and safety of the public villnot be endangered by the operation of the facility'in accordance with

'rocedures approved by it in.connection with the issuarice of said license; (c) the Commission finds that, operation of the facilitywill be in accordance with 10 CPR Part 51 of. the Colmission's regulations and all applicable requirements were satisfied; and (d) the Applicant submits proof of financial protection and executes an indemity agreement as required by Section 170 of the Act.

5.

Xn accordance with the requirements imposed by the October 8, 1976 order of the United States Court of Appeals for the District of Colimbia Circuit in Natural ResourceS Defense, Council v. Nuclear Reg~ulator Commission, Nos.

7 5 and 4-15 6, cert.

ranten suh nom vt. Yankee Nuclear power cor ration v. Natural Resources De ense Counc>1 Inc., Februar 22, 977 t at t e Nuc ear Reg atory Commission "assail make any censes granted between July 21, 1976 and such time when the mandate is issued subject to the outcome of the proceedings herein," the construction permit issued herein shall be subject to the outcome. of such proceedings.

6.

This permit is effective as of its date of issuance and shall expire on the latest completion date indicated in paragraph 3,A above.

FOR THE NUCLEAR REGULATORY COtMSSION

'tMghal signed hj

. Roger S. Boyd Roger S. Boyd, Director Division of Pro)ect Hanagement Office of Nuclear Reactor Regulation Date of Issuance:

May 2, 1977 P

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imp~ NRC 2'ORM 318 (9.76) NRCM 0240 74 U 0 COVCANMNIITPRINTINO OrrICNI IOT0 020 020 j ~ . 'll I 'E I I I E ~ f., 1 lf I I fl f H C I- ~. f yhhmZis tslgi~0: t <r0.8u~~aH I f I 'I I Il I<M f ft E I f if f I IH 1 N)~" 4 Hf I pe RECy~ Vp0 Cy +n ~O ~+*++ t UNITEDSTATES NUCLEAR REGULATORYCOMMISSI WASHINGTON, D. C. 20555 FEDRIDA POWER & LIGHT COi~1PANY ST. LUCIE PLANT UNIT NO. 2 DOCKEZ NO. 50-389 CONSTRUCTION PER IIT Construction Permit No. CPPR-144 I; The Nuclear Regulatory Commission (the Commission) having found that: The application for construction permit complies with the requirements of the Atomic Energy Act of 1954, as amended, and the rules and regulations of the Commission, there is reasonable assurance that the activities authorized by the permit will be conducted in compliance with the rules and regulations of the Commission, and all required notifications to other agencies or bodies have been duly made; The Florida Power 6 Light Company {the Applicant) has described the proposed design of the St. Lucie Plant Unit No. 2 (the facility), including, but not limited to, the principal architectural and engineering criteria for the design and has identified the major features or components incorporated therein for the protection of the health and safety of the public; C. D. Such further technical or design information as may be required to complete the safety analysis, and which can reasonably be left for later consideration, will be supplied in the Final Safety Analysis Report; Safety features or components, if any, which require research and development have been described by. the Applicant and the Applicant has identified, and there will be conducted, a research'and developnent program reasonably designed to resolve any safety questions associated with such features or components; On the basis of the foregoing, there is reasonable assurance that (i) such safety questions will be satisfactorily resolved at or before the latest date stated in the application for completion of construction of the proposed facility and (ii) taking into consideration the site criteria contained in 10 CFR Part 100, the proposed facility can be constructed and operated at the proposed location without undue risk to the health and safety of the public; F. The Applicant is technically qualified to design and construct the the proposed facility; The Applicant is financially qualified to design and construct the proposed facility; H. The issuance of a pen it for the construction of the facilitywill not be inimical to the common defense and security or to the health and safety of the public; and I. After weighing the environmental, economic, technical and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of a construction permit subject to the conditions for protection of the environment set forth herein is in accordance with Appendix D of 10 CFR Part 50 (now 10 CFR Part 51) of the Commission's regulations and all applicable requirements have been satisfied. 2. Pursuant to Section 103 of the Atomic Energy Act of 1954, as amended (the Act), and Title 10, Chapter I, Code of Federal Regulations, Part 50, "Licensing of Production and Utilization Facilities," and pursuant to the Atomic Safety and, Licensing Board's Partial Initial Decision, Supplement to the Partial Initial Decision, and Initial Decision, dated February 28, 1975, April 25, 1975, and April 19, 1977, respectively, the Nuclear Regulatory Commission hereby issues a construction permit to the Applicant for a utilization facility designed to operate at 2570 megawatts thermal as described in the application and amendments thereto (the application) filed in this matter by the Applicant and as more fully described in the evidence received at the public hearing upon that application. The facility, known as the St. Lucie Plant Unit No. 2 will be located on the Applicant's site in St. Lucie County, Florida. 3. This permit shall be deemed to contain and be subject to the conditions specified in Sections 50.54 and 50.55 of said regulations; is subject to all applicable provisions of the Act, and rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the conditions specified or incorporated below: A. The earliest date for the completion of the facility is August 1, 1982 and the latest date for completion is February 28, 1984. B. The facility shall be constructed and located at the site as described in the application on the east coast of Florida on Hutchinson Island in St. Lucie County, approximately midway between the cities of Ft. Pierce and Stuart, Florida. C. This construction permit authorizes the applicant to construct the facility described in the application and the hearing record, in accordance with the principal architectural and engineering criteria and environmental protection commitments set forth therein. D. The Applicant shall provide erosion protection for the nose of the discharge canal, the design of which must be submitted to the Commission's staff for review and approval prior to construction. 5 E. The Applicant shal3 'provicle erosion protection for the Ultimate Heat Sink barrier wall in the form of sheetpile bulkheads and groins as discussed in Paragraph 48 of the Atomic Safety and Licensing Board's Initial Decision, dated April 19, 1977. F. (1) With regard to Clay County Electric Cooperative, Inc., Florida Keys Electric Cooperative, Inc., Glades Electric Cooperative, Inc., Lee County Electric Cooperative, Inc., Okefenokee Rural Electric Member-ship Cooperative, Inc., Peace River Electric Cooperative, Inc., and Suwannee Valley Electric Cooperative, Inc. 1/ and the municipalities of New Smyrna Beach and Homestead: (a) Applicant will offer each the opportunity to purchase, at Applicant's costs, a reasonable ownership share (hereafter, "Participant's Share" ) of the St. Lucie Plant Unit No. 2 (the facility). "+>plicant's costs" will include all costs associated with developnent, construction and operation of the facility, determined in accordance with the Federal Power Commission's Uniform System of Accounts. "Purchase" means payment, within a reasonable time, of parti-cipant's share of Applicant's costs incurred through date of acceptance of the offer, and, thereafter, regular payments of the participant's share of all costs, incurred during deyelopnent, construction and operation of the facility. (b) Participant will notify Applicant of its acceptance to participate in St. Lucie Plant Unit No. 2 within a reasonable time after receipt of the offer. (c) Applicant may retain complete control and act for the other participants with respect to the design, engineering, construction, operation and maintenance of St. Lucie Plant Unit No. 2, and may make all decisions relevant thereto, insofar as they deal with the relationship between the their entitlements from the St. Lucie Plant Unit No. 2 through a single representative. In such event, the Applicant shall allocate the delivery of said entitlements as designated by the representative to one or more existing or mutually agreeable Florida Power & Light Company delivery points on the combined system provided that such delivery is technically feasible. Applicant and the other participants, including, but not limited to, decisions regarding adherence to the Commission's health, safety and environmental regulations, changes in construction schedule, modification or cancellation of the

project, and operation at such time and at such capacity levels as it deems proper, all without the consent of any participant.

(2) Applicant shall facilitate the delivery of each participant's share of the output of the facility to that participant, on terms which are reasonable and will fully compensate it for the use of its facilities, to the extent that subject arrangements reasonably can be accommodated from a functional and technical standpoint. Applicant shall not refuse to operate in parallel to the extent that it is technically feasible to do so with the participants and shall provide emergency and maintenance power to participants as required when such power is or can'be made available without jeopardizing power supply to Applicant's customers or its other power supply commitments. A separate rate schedule(s) shall be established for such emergency and maintenance power exchanges. (4) (5) At a time when Applicant plans for the next nuclear generating unit to be constructed after St. Lucie Plant Unit No. 2 has reached the stage of serious plarning, but before firm decisions have been made as to the size and desired completion date of the proposed nuclear unit, Applicant will notify all non-affiliated utility systems with peak loads smaller than Applicant's which serve either at wholesale or at retail adjacent to areas served by Applicant that Applicant plans to construct such nuclear facility. It is recognized that the foregoing conditions are to.be implemented in a manner consistent with the provisions of the Federal Power Act and all rates, charges or practices in connection therewith are to be subject to the approval of regulatory agencies having jurisdiction over them. G. This facility is subject to the following conditions for the protection of the environment: The Applicant shall take the necessary mitigating actions, including those summarized in Section 4.5 of the Final Environmental Statement, during construction of the facility and associated transmission lines to avoid unnecessary adverse environmental impacts from construction activities. (2) A control program shall be established by the Applicant to provide for a periodic review of all construction activities to assure that those activities conform to the environmental conditions set forth in this permit. (4) (5) Before engaging in a construction activity which may result in a significant adverse environmental impact that was not evaluated or that is significantly greater than that evaluated in the Final Environmental Statement, the Applicant shall provide written notification to the Commission's Director, Division of Site Safety and Environmental Analysis. If unexpected harmful effects or evidence of irreversible damage is detected during facility cons'ruction, the Applicant shall provide an acceptable analysis of the problem and a plan of action to eliminate or significantly reduce the harmful effects or damage. If any portion of the light screen of Australian pine or other suitable plants installed behind the beach dune for St. Lucie Plant Unit No. 1 is disturbed for St. Lucie Plant Unit No. 2 construction, the Applicant will replace these plantings at the earliest feasible time. Furthermore, the Applicant will shield plant lighting added for St. Lucie Plant Unit No. 2 to minimize sky shine. In restoring the ocean dune to its original condition after installation of the St. Lucie Plant Unit No. 2 discharge line, the Applicant will replant the dune at the earliest feasible time with dune stabilizing plants indigeneous to the area as discussed in Section 4.1 of the Final Environmental Statement. These plantings will be in addition to the Applicant's commitment to replant the Austral>an pine or other suitable plants light screen if disturbed. The Applicant shall monitor the actual location of domesticated cows and goats during plant operation, at time intervals to be specified by the Commission's staff, for the purpose of continuing appraisal of population doses. The Applicant will undertake the additional engineered safety features (ESF) required to reduce offsite doses to values below the guidelines of 10 CFR Part 100 at a distance of one (1) mile as specified in paragraph 83 of the Partial Initial Decision. The Applicant shall improve the in-situ soils as recamoended by the Commission's staff so that the canal barrier and the slopes between the canal barrier and the plant will not fail. The Applicant shall monitor actual fish entrapnent in the intake canal and otherwise comply with the recoranendation as set forth in paragraph 4.5.2(2) of the Final Environmental Statement. The Applicant shall comply with the Commission's staff recommendation regarding the operation of discharge lines as set forth in paragraph 102 of the Partial Initial Decision, including that the St. Lucie Plant Unit No. 2 multiport discharge line be used as soon as it becomes available, and that when only one unit is operating, the multiport discharge line be utilized. The Applicant shall not draw more than four (4) million gallons of water per year from Big Mud Creek for routine testing. The Applicant shall monitor chlorine and chlorine residuals as recommended by the Commission's staff and set forth in paragraph 5.2.3 of the Final Environmental Statement. The Applicant shall monitor the thermal field after St. Lucie Plant Unit No. 1 is operational as set forth in paragraph 110 of the Partial Initial Decision. The Applicant shall continue the turtle nest surveys and studies to determine any plant impact'thereon. The Applicant shall deliver such studies and survey data to the Commission's staff and sh'all undertake to promptly publish the data and conculsions therefrom. The Applicant shall undertake the preoperational and operational monitoring program as approved with conditions and recommendations by the Commission's staff as set forth in Section 6.1 of the Final Environmental Statement. 4. This permit is subject to the limitation that a license authorizing Ioperation of the facilitywill not be issued by the Commission unless (a) the Applicant submits to the Commission the complete Final Safety Analysis Report, portions of which may be submitted and evaluated from time to time; (b) the Commission finds that the final design provides reasonable assurance that the health and safety of the public will not be endangered by the operation of the facility in accordance with procedures aporoved by it in connection with the issuance of said license; (c) the Commission finds that operation of the facilitywill be in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements were satisfied; and,(d) the Applicant submits proof of financial protection and executes an indemnity agreement as required by Section 170 of the Act. 5. In accordance with the requirements imposed by the October 8, 1976 order of the United States Court of Appeals for the District of Columbia Circuit in Natural'Resources Defense-Council v. Nuclear R ulator Corrmission, Nos. 74-1385 and 74-1586, cert. ranted sub nom Vt.-Yankee Nuclear Power Cor ration'v. Natural Resources Defense Council Inc., Februar 22, 1977) that the Nuclear Regulatory Commission 'hall make any licenses granted between July 21, 1976 and such time when the mandate is issued subject to the. outcome of the proceedings herein," the construction permit issued herein shall be subject to the outcome of such proceedings. 6. This permit is effective as of its date of issuance and shall expire on the latest completion date indicated in paragraph 3.A above. FOR THE NUCLZAR REGULATORY CO~SESSION 1 Date of Issuance: May 2, 1977 er S. yd, Di ctor Division of Project t Office of Nuclear Reactor Regulation 0 Q'4 I U1I~XTED STATES NUCLEM REGULA'lORY COMl1ISSIO'3 DOCKET NO. 50-389 HDIUDII IWICR IIIID LIDIITCD!IPIIIIY I STA LUCIE PLANT UNIX'O. 2 1IOI'ICE OP ISSUANCE OP CONSTKJCTXC5 FERlIT Notice is hereby given that, pursuant to the Atomic Safety and Licensing Board's Partial Initial Decision, Supplement to the Partial Initial Decision, and Initial Decision dated February 28, 1975, April 25, 1975, and April 19, 1977, respectively, the Nuclear Regulatory Cemission (the Commission) has issued Construction Permit No. CPPR-144 to the Florida Power and Light Company (the Applicant),for construction of a pressurized water nuclear reactor at the applicant's site on Hutchinson Island in St. Xucie County, Florida. The proposed reactor, known as the St. Lucie Plant Unit No. 2 (the facility) is designed for a rated power of 2570 megawatts thermal with a net electrical output of 810 megawatts. The Initial DeciSion dated April 19, 1977 is sub)ect to review by an Atomic Safety and Licensing Appeal Board pxior to its becoming final. Any decision or action taken by an Atomic Safety and Licensing App al Board in connection with the Initial Decision may be reviewed by the Commission. The Commission has made appropriate findings as required by the Atomic C Energy Act of 1954, as amended (the Act), an'd the Commission's rules and regulations in 10 CPR Chapter I, which are set forth in the construction permit. The application for the construction permit complies with the standards and t rec1uirements of the Act and the Commission's rules and regulations. ,OPTIC C~ SVIINAMC~ OATC~ NRC FORM 818 (9-76) NRCM 0240 4 UI l4 OOVCIINMCNTPIIINTINOOP/ICCs IOTS SC~C4 0 I il L I I 9 I II A ,l 9. t 91 'lrAV' I'1 I I I I! 4 d I' ~ I I I s I A i I I~ t e r n I 'I 41 I 9

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-. I I il ti II 'I t' !'I, ,~IIA /$f e - y i ttl ~I I 9 cn.r(lc Construction Permit Ho. 'CPPR-144 includes the condition that the permit is subject to the outcome of, the proceedings in Natural Resources Defense Council v. NBC (D. C. Circuit, July 21, 1976) Non. 74-1385 nnd 74-1586. Xn addition, the construction permit includes antitrust conditions vhfch have been agreed to by Florida Power and Light, Company in a lett'er to the Commission dated l4arch 18, 1977. This construction permit, hovrever, is issued subject to further action as may be deemed appropriate by the Comission as a result of an antitrust proceeding involvfng this facility now pendfng before an Atomic Safety and Licerisfng Board initfated by a group of Florida cities. The conatructfon permit, is effective as of its date of.,issuance. The earliest date for the completion of the facility is August 1, 1982, and the latest date for completion is February 28, 3984. The permit shall expire on'the latest date for completion of the facility. A copy of (1} the Partial Initial Decision, dated February 28, 1975; (2) the Supplement to the Partial Initial Decfsion, dated April 25, 1975~ (3) the Initial Decision, dated April 19, 1977; (4) Construction Permit No. CPPR-1441 (5) the report of the Advisory Committee on Reactor Safeguards, dated December 12, 1974> (6) the Office of Nuclear Reactor Regulation's Safety Evaluation v Report dated Novenber 7, 1974; and (7) Supplements 1 and 2, thereto, dated March 3, 1976 and April 27, 1976, respectivelyg (8) the Applicant's Environmental Report dated August 1973 and supplements thereto; (9) the Draft Environmental Statenent dated February 1974; and (10) the Final Environmental Statement dated Hay 1974 are available for public inspection at. the Cormnissfon's Public Document Room at 1717 8 Street, I4. M., Washington, D. C. and the Indian River Junior OPPI CD W DVRNAMD~ NRC FORM 918 (9.76) NRCM 0240 4 UI D OOVDRNMDNTPRINTINO OPPICKr IDTD d2Ind24 '1 W J' College Library, 3209 Virginia Avenue, Pt. Pierce, Florida. Single copies of items (4), (6), (7) and (10) ney be obtained upon request addressed to the U. S. Nuclear Regulatory Commission, Mashington, D. C. 20555< Attention: Director, Division of Project management. Dated at Bethesda, llaryland, this 2nd day of t>y, 1977. FOR THE NUCLEAR REGULATORY CIMISSION Original signc1l by K. ICni0i Karl Kniel, Chief Light Mater Reactors Branch No. 2 Division of Project Management DPPICE~ SURNAME~ D Ll<R 82 DPH Ll 82 RAB el 'IJ~J77. ELD z r7...R?.?..........,-, DPf3: Ll&A2 KKniel NRC FORM 318 (9 76) NRCM 0240 k V S OOVCRNMCNT PRINTINO OPPICCI 1074 424 424 0 4 N II /A-t A4-k cc: /Quet File NRC PDR Local PDR LWR 82 File

Attorney, ELD J. Rutberg, ELD R.

C. DeYoung D. B. Vassallo K. Kniel R. Birkel J. Lee F. J. Williams H. Smith B. Scott, PM IE (3) N, Dube, MIPC M. Jinks, OA (w/4 W. Regan J. Saltzman W. Miller, ADM ACRS (16) H. Denton, DSE V. A. Moore, DSE R. H. Vollmer, DSE M. L. Ernst, DSE W. P. Gammill, DSE R.

Heineman, SS J. Knight, SS D. F. Ross, SS R. L. Tedesco, SS B. Scharf, OA (15 D. Skovholt E.

Hughes

0. Lynch M. Duncan A. Toalston I. Dinitz encls.)

copies) bcc: J. R.

Buchanan, NSIC Thomas B. Abernathy, TIC A. Rosenthal, ASLAB J.

Yore, ASLBP DISTRIBUTION FOR CONSTRUCTION PERMIT NO.

CPPR-144 - ST. LUCIE PLANT, UNIT NO. 2, DATED MAY 2, 1977 k I 0 k. ~ ~