ML18354A353

Stipulation by and Between All Intervenors and Applicant in Support of Fuel Loading and Low-Power Testing License

ML18354A353
Person / Time
Site:	Palisades
Issue date:	03/12/1971
From:	Ashley J, Drain L, Mccandlis R, Sobota J, Westerville H, Youngdahl R Concerned Petitioning Citizens, Consumers Power Co, Michigan Lake and Stream Association, Sierra Club
To:	US Atomic Energy Commission (AEC)
References
Download: ML18354A353 (85)

Text

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? PALISADES PLANT SETTLEMENT AGREEMENT between CONSUMERS POWER COMPANY and MICHIGAN STEELHEAD AND SALMON FISHERMEN'S ASSN., et al. I

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I I Section

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3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 TABLE OF CONTENTS Page -1i2.!. CONDENSER COOLING SYSTEM MODIFICATION

• 4 LIQUID RADWASTE SYSTEM MODIFICATION * * * *

. *.. 8 GASEOUS RADWASTE SYSTEM

• 14 HOT FUNCTIONAL TEST *
• 9 0

g 0 ... 14 CONTROL ROD TESTS * *

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• 15

. MPSC APPROV!:f.,; WITHDRAWAL OF INTERVENTION

• 17 RESERVATIONS.

.......

• 24 OTHER PROCEEDINGS * *
• * * * *
• 25 INFORMATION AND REPORTS * *
• * ;:6 LEGAL VALIDITY *.*
• 27 DISPlJrES

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• 30 RATIFICATION AND APPROVAL *....
• * *
• 31 BINDING EFFECT 0
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• 32 PUBLICITY * * *
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• 34 SERVICE OF PROCESS
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• 35 NOTICES * * * *...... ell TERMINATION *
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• 38 ENTIRE AGREEMENT e

e D e e e e

• * * * *. 39 Awendixes I

MODIFIED CONDENSER COOLING SYSTEM EXHIBIT A - PALISADES CLOSED CYCLE COOLING SYSTEM I.I MODIFIED LIQUID RADWASTE SYSTEM EXHIBIT A - PALISADES CLEAN WASTE SYSTEM EXHIBIT B - PALISADES DIRTY WASTE SYSTEM EXHIBIT C - PALISADES LAUNDRY WASTE SYSTEM II I I!t I '

TABLE OF CONTENTS (Contd) Appendices (Contd) III GASEOUS RADWASTE SYSTEM SITE BOUNDARY DOSE (1% Failed Fuel) IV STIPULATION BY AND BETWEEN ALL INTERVENORS AND APPLICANT IN SUPPORT OF FUEL LOADING AND LOW-POWER TESTING LICENSE EXHIBIT A - PROPOSED FDIDINGS OF FACT, CONCLUSIONS OF LAW, AND FORM OF ORDER SUBMITTED JOINTLY BY APPLICANT AND INTERVENORS RESPECTING AUTHORIZATION OF A FUEL LOADING AND LOW-POWER TESTING LICENSE V STIPULATION BY AND BEIWEEN ALL INTERVENORS AND APPLICANT IN SUPPORT OF FULL-POWER LICENSE EXHIBIT A - SPECIAL TECHNICAL SPECIFICATIONS PURSUANT TO AGREEMENT

J . ' ~ ' ., l t r AGREEMENT AGREEMENT, made this 12th day of March, 1971, by and bet'Ween CONSUMERS POWER COMPANY, 212 West Michigan Avenue, Jackson, Michigan, here-inafter called "Consumers Power, " and MICHIGAN STEELHEAD AND SAW.iON FISHER- . MEN'S ASSOCIATION, 5619 Clato, Kala.ma.zoo, Michigan, THERMAL ECOJPGY MUST BE PRESERVED (T.E.M.P.), 2312 Glenwood Drive, Kalal'!l8.zoo, Michigan, CONCERNED PETITIONING CITIZENS, 2312 Glenwood Drive, Ka.lama.zoo, Michigan, MICHIGAN LAKE AND STREAM ASSOCIATIOrIS, INC., 392 Fairbrook Court, Northville, Michigan, and SIERRA CLUB, 1050 Mills Tower, San Francisco, California (for itself ~n~ for each and all of its chapters), hereinafter called, jointly. and severally, "Intervenors." WHEREAS, pursuant to an application dated June 2, 1966 and assigned to AEC Docket No. 50-255, a permit to construct a pressurized-water-reactor nuclear power plant known as the Palisades Plant in Covert Township, Van Buren County, Michigan, was duly issued to Consumers Power by the U.S. Atomic Energy Commission (in this Agreement called the "AEC") on March 14, 1967 after a public hearing as required by law, without opposition by way of intervention, and pursuant to findings by the Atomic Safety and Licensing* Board entered in favor of Consumers Power on all issues presented by the

• Notice of Hearing for construction permit; and WHEREAS, by amendment to its application dated November 1, 1968, Consumers Power requested issuance of a license to operate the Palisades Plant at steady-state power levels up to and including 2200 thermal. mega-watts (in this Agreement called the "full-power license"); and

2 .WHEREAS, on January 'Z(, 1970, after review and proceedings required by law, the AEC's Advisory Committee on Reactor Safeguards issued its Report on the Palisades Plant which* concluded that the Palisades Plant can be operated at power levels up to 2200 thermal megawatts without undue risk to the health and safety of the public, if due regard is given to the suggestions and comments contained in said ACRS Report, sub~ect to the satisfactory completion of construction and preoperational testing; and WHEREAS, on March 6, 1970, the AEC's Division of Reactor Licensing issued its Safety Evaluation with respect to the Palisades Plant which con-eluded, among other things, that there is reasonable assurance that the Palisades Plant can be operated as proposed without endangering the health and safety of the public; and WHEREAS, on March 10, 1970, there was published in the Federal Register a notice that the AEC's Division of Reactor Licensing proposed to issue a provisional operating license to Consumers Power to operate the Palisades Plant as requested, which notice granted an opportunity for public hearing on the issuance of such license; and WHEREAS, certain persons later to become Intervenors had meetings and discussions with representatives of Consumers Power to discuss such persons' concerns relating to environmental effects of the Palisades Plant, but ~uqh discussions did not alleviate the concerns of such persons, later to become Intervenors; and WHEREAS, Intervenors requested a public hearing pursuant to said 0 March 10, 1970 notice, upon the grounds, among others, that Intervenors were dissatisfied with the AEC's implementation of the National Environmental Policy Act and were dissatisfied with the design of the Palisades Plant

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t I I f I I I - l ! l I. l " I I l I I . I 3 insofar as radioactive and thermal effluents.,.rere concerned, and, accordingly, a public hearing. (in this Agreement called "the proceeding") commenced be-fore an AEC Atomic Safety and *Licensing Board (in.this Agreement called "ASLB") on June 23, 1970, which proceeding has not been concluded; and WHEREAS, during the course of the proceeding Consi.nners Power filed a motion for issuance of a license authorizing fuel loading and low-power testing at power levels not to exceed one (1) thenn.a.l megawatt (in th,is Agreement called the "testing license") pending issuance of the full-power license; and WHEREAS, the Intervenors have, since the proceeding began, vigor-ously contested the issuance of the requested operating licenses to Consumers Power because of Intervenors' contention, among other:things,_ that the AEC, by such a hearing, is engaged in a continuing violation of the National Environmental Policy Act, the Federal Water Pollution Control Act, as amended, and the Atomic Energy Act of 1954, as amended; and WHEREAS, during the course of said proceeding, Intervenors have questioned whether the Palisades Plant has been constructed in accordance with law and in accordance with Consumers Power's application, plans and specifications and if not so constructed, whether it ma:y be operated safely; and WHEREAS, the parties have made considerable expenditures of time and money in contesting the issuance of said operating licenses to date, and costly and time-consuming appeals f'rom any decision of the ASLB in the proceeding are probable; and WHEREAS, Intervenors a.re willing to forego in this proceeding final resolution of legal issues pursuant to the National Environmental

/ . I -. /, I 4 Policy Act, the Federal Water Pollution Control Act, as amended, and the Atomic Energy Act of 1954, as amended, provided that certain steps are taken by Consumers Power, as provided in this Agreement, in order to resolve the contentions of Intervenors as regards radioactive and thermal effects and nuclear safety of the Palisades Plant; and WHEREAS, the parties hereto desire to minimize further expendi-tures, to permit production of electrical energy from the Palisades Plant in accordance with the provisions of this Agreement, and to that end to resolve all controversies, differences and disputes between the parties hereto with respect to the design, construction, licensing and operation of the Palisaqes Plant, including but not limited to those which have hereto~ore arisen or might or could have arisen, or which m;:;;y-or could herea~er arise during the course of the proceeding or otherwise in AEC and local courts, except controversies, differences and disputes arising because of alleged breach of, or failure of performance pursuant to, this Agreement; NOW, THEREFORE, in consideration of their mutual promises and undertakings herein, the parties hereto agree as follows: SECTION 1 - CONDENSER COOLING SYSTEM MODIFICATION §1.l Consumers Power shall modify the condenser cooling system now installed in the Palisades Plant to a condenser cooling system sub-stantially conforming to the conceptual design set forth in Appendix I hereto and in accordance with the principles set forth in this Section 1.

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f I { I I I I J 5 SECTION l, §l.l (Contd) The condenser cooling system as so modified {and in this Agreement called the modified condenser cooling system") shall be so designed, constructed, operated and maintained as to form a closed cycle in which the condenser cooling water is continually recycled except for cooling system makeup water from and blowdown to Lake Michigan. The modified condenser cooling system shall include one or more wet-type cooling towers which may be of either the natural or the mechanical draft type, at Consumers Power's sole

• option, provided, that Consumers Power's obligation shall be to install either the natural or the mechanical draft type unless it is relieved from installing both types a~er exhausting all rights of hearing, appeal and requests for writs of certiorari to the highest state or feder~ court having jurisdiction, as provided in Section 10 of this Agreement.

Design and construction of the cooling tower or towers shall conform to the latest applicable Cooling Tower Institute (CTI) codes and standards applicable at the time of detailed design, except to the extent the same may be contrary to any applicable law or rule, regulation or order of any governmental body having jurisdiction. §1.2 Upon execution of this Agreement, Consumers Power will pro-ceed immediately with all due diligence to arrange for the design, engineer-ing, procurement of equipment and materials, and construction required to install the modified condenser cooling system as provided for herein and to make application to obtain all licenses, permits, consents or other authorizations of public bodies or officials which a.re required in con-nection with the design, construction, operation and maintenance of the

i I I r ! i f SECTION 1, §1. 2 (Contd) modified condenser cooling system. In making and pursuing such applica-tions, Consumers Power shall pursue administrative remedies or court actions, or both, in the manner provided in Section 10 of this Agreement, and the

• rights and obligations of the parties in connection with such remedies or actions shall be governed and determined by Section 10 of this Agreement.

The modified condenser cooling system shall be installed within forty-two (42) calendar months following the date of execution of this Agreement if Consumers Power installs a natural draft cooling tower or towers as part of the modified condenser cooling system, or within thirty-two (32) calendar months following the date of execution of this Agreement if Consumers Power installs* a mechanical dra~ cooling t6wer or* towers as part of the modified condenser cooling system. If, a~er Consumers Power has begun to arrange for the design, engineering, procurement of equipment and materials, and construction for a modified condenser cooling system utilizing either the mechanical dra~ or the natural draft type of cooling tower or towers, Consumers Power is relieved from installing or continuing to install the* type of cooling tower or towers it first selects, and it.is necessary to change to the alternative type of cooling tower or towers, the time for installation of a modified condenser cooling system utilizing the alterna~. tive t:fpe of cooling tower or towers shall commence from the date on which .Consumers Power is relieved from installing or continuing to install the type of cooling tower or towers first selected. The modified condenser cooling system shall be placed in operation not later than the resumption of operation of the Palisades Plant a~er its first scheduled refueling

I / / / I 7 SECTION l, §l.2 (Contd) following installation of said system, provided, that to the extent it can do so consistently with electrical system load requirements, Pali~ades Plant operating requirements and applicable license and other legal limita- } tions, Consumers Power shall use its best efforts to schedule the first f t refueling following installation of the modified condenser cooling system I l so as to minimize the time between the comnletion of such installation r ~ ! l ~nd the initial operation of the modified condenser cooling system. The { foregoing provisions of this §1.2 are subject to the condition that in the 1 I event the installation or the initial operation of such modified condenser cooling system is delayed (i) by reason of flood, strike, insurrection, riot, embargo, act of nature or the public enemy; or unavoidable delay in trans-portation or inability or unavoidable delay in procuring labor or materials; (ii) by reason of legal action by a;ny third party; local, state or federal laws; or the rules, regulations, orders, actions or failure to act of any public body or official purporting to exercise authority or control with respect to installation or operation of the modified condenser cooling system; or (iii) by reason of any cause beyond the reasonable control of Consumers. Power, the time for performance shall be extended (subject to the provis.ions of Section 10 of this Agreement as respects [ii] above) for

• a ti.me equal to the period of such delay. Moreover, until. initial successful
• operation of the modified condenser cooling system, Consumers Power sha.11 notify Intervenors quarterly of all occurrences or conditions then known to any officer of Constllllers Power, or to an employee of Consumers Power who reports directly and regularly to any such officer, which Consumers

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/ / / I I* 8 SECTION i, §1.2 (Contd) Power may claim forms a basis for an extension of tinie for the installation and operation of the modified condenser cooling system, and shall notif'y Intervenors on a current basis of any occurrence or condition known to any officer of Consumers Power, or to an employee of Consumers Power who (' r reports directly and regularly to any such officer, which Consumers Power i /, then claims will form a basis for such an extension of time. §1.3 Pending installation and operation of the modified condenser cooling system provided for in this Section l, Consumers Power, insofar as Intervenors are concerned, may operate the Palisades Plant at any power ~ levels author~zed by any AEC operating license issued to Consumers Power, i I: utiliz~ng the existing once-through cooling system and releasing heated 1 condenser cooling water to Lake Michigan. §1.4 As used in this Agreement the term "Palisades Plant" means f' l and refers to a single-unit nuclear electric generating pl.ant and shall r 1 '. not be deemed to include any additional electric generating units that may f. t herea~er be installed at the Palisades Plant site. SECTION 2 - LIQUID RADWASTE SYSTEM MODIFICATION .§2.1 Consumers Power shall modify the liquid radwaste system now installed in the Palisades Plant to a liquid rad~ra.ste system substan~ f* tially conforming to the conceptual design set forth in Appendix II hereto

• and in accordance with the principles set forth in this Section 2. The liquid_radwaste system as so modified (and in this Agreement called the "modified liquid radwaste system") sh.a.ll be so designed, constructed, I

t I operated and maintained that at all times under normal operating conditions, I r

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l f 9 SECTION 2, §2.l (Contd) radioactive materials in liquid discharges from the Palisades Plant to Lake Michigan are reduced to essentia.11.y zero; provided, however, that radioactive materials in laundry waste system discharges which cannot be treated in the dirty waste system of the modified liquid radwaste system without the possibility of impairing the function of dirty waste system equipment may be released to Lake Michigan at levels which shall in no event exceed 25 picocuries per liter (2.5 X l0-8 microcuries/cc) on an _annual average basis; and provided further, that "essentially zero," as used herein, shall not be construed to preclude liquid discharges to Lake Michigan co'.1ta.ining radioactive materials at levels, as sampled at the recycl~ monitor tank before dilution, equivalent to or below th~n-current Lake Michigan background radioactivity levels, as monitored offshore from the Palisades Plant prior to such liquid discharges. As used in this Agree-ment "normal operating conditions" shall refer to operation of the Palisades Plant during or in connection with which there exist no abnormal events or circumstances such as (but not limited to) steam generator tube leakages, fire, or pipe breakage; and "abnormal operating conditions" shall refer to operation of the Palisades Plant during or in connection with which there exist any such abnormal events or circumstances. All radioactive materials. removed from liquid wastes by the modified liquid radwaste system will be acclllllulated and prepared for shipment in accordance with applicable rules, _regulations. and orders of governmental authorities having jurisdiction and turned over to a carrier or carriers licensed by governmental authorities having jurisdiction for shipment to an authorized disposal area or areas.

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[ l ! f ! l I t f t t I I f t f I I I I 10 SECTION 2~ §2.1. (Contd) consumers Power intends to be alert to, and to utilize to the extent it is practical to do so,' means of minimizing.the amount of laundry waste that cannot be treated in the dirty waste system. §2.2 The parties recognize that. under abnormal operating con-ditions it may be impossible or impractical to achieve essentially zero release of radioactive materials in liquid discharges from the Palisades Plant through operation of the modified liquid radwaste system *. Consumers Power shall so operate the modified liquid radwaste system as to ensure that radioactive materials in liquid discharges to Lake Michigan resulting from abnonnal operating conditions do not exceed, on a quarterly average basis and on an individual isotopic analysis basis, ten percent (10%) of appli-cable 10 CFR Part 20 limits in effect as of December 1, 1970, and are re-duced to essentially zero no later than sixty (60) consecutive days a~er the commencement of such releases resulting from abnormal operating con-ditions.

• Notwithstanding the foregoing, however, delay beyond said sixty (60) day period in the reduction of radioactiVe materials in such liquid discharges to e~sentially zero shall be excused (subject to the provisions of Section 10 of this Agreement as respects [ii] below) to the extent it is (i) due to inability to identify, locate or repair the abnormal operating condition; or due to flood; strike; insurrection; riot; embargo; act of nature or the public enemy; or by reason of unavoidable delay in transpor-tation or inability or unavoidable delay in procuring labor or materials; (ii1 due to legal action by a third party; local, state or federal laws; or the rules, regulations, orders, actions or failure to act of any public

ll SECTION 2, §2.2 (Contd) body or official purporting to exercise authority or control with respect to such liquid discharges; or (iii) due to any cause beyond the reaso.nable control of Consumers Power; provided, however, that radioactive materials in liquid discharges to Lake Michigan from the modified liquid radwaste system during any such excused delay beyond said sixty (60) day period shall not exceed, on a quarterly average basis and on an individual iso-topic analysi~ basis, one percent (1%) of applicable 10 CFR Part 20 limits in effect as of December 1, 1970; and provided further, however, that consumers Power shall Undertake promptly to correct abnormal operating con-ditions which result in releases of radioactive materials in liquid dis-charges to Lake Michigan from the modified liquid radwa.ste system at levels greater than essentially ~ero. §2.3 Upon execution of this Agreement, Consumers Power will proceed immediately with all due diligence to arrange for the design, engineering, procurement of equipment and materials, and construction required to install the modified liquid radwaste system as provided for I herein and to make application to obtain all licenses, permits, consents or l other authorizations of public bodies or officials which are required in f I connection with the design, construction, operation and maintenance of r f f the modified liquid radwaste. system. In ma.king and pursuing such applica-f [. tions Consumers Power shall pursue administrative remedies or court actions, f or both, in the lna.nner provided in Section 10 of this Agreement, and the i' r [ rights and obligations of the parties in connection with such remedies or I* f

• actions shall be governed and determined by Section 10 of this Agreement.

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~. i* f l. t. F f I' i f ! t f ~ f: j: i f ~ t f f, [. l f r 12 SECTION 2, §2.3 (Contd) The design of said system shall be reviewed and approved by Combustion Engineering, Inc. in the manner described in subsection B.l.c. and d. of Article I of the February 8, 1966 Nuclear Equipment Contract, as amended to December 1, 1970, between Consumers Power and Combustion Engineering, Inc. The modified liquid radwaste system shall be installed and placed in opera-tion no later than the resumption of operation of the Palisades Plant a~er its first scheduled ref'ueling (which is expected to occur approximately seventeen (17] calendar months following the date of commencement of escala-tion to f'ull power following issuance of the full-pOU'er license) or twenty-four (24) calendar months following the date of execution of this Agreement, whichever occurs first. The foregoing provisions of this §2.3 are subject to the condition that in the event the installation or the initial operation of such modified liquid radwaste system is delayed (i) by reason of flood; strike; insurrection; riot; embargo; act of nature or the public enemy; or unavoidable delay in transportation or inability or unavoidable delay in procuring labor or materials; (ii) by reason of legal action by a third party; local, state or federal laws; or the rules, regulations, orders, actions or failure to act of any public body or official purporting to exercise ~uthority or control with respect to installation or operation of the modified liquid rad.waste system; or (iii) by reason of any cause

• beyond the reasonable control of Consumers Power, the time for performance shall be. extended (subject to the provisions of Section 10 of this Agree-ment as respects [ii] above) for a time equal to the period of such delay.

Moreover, until initial successf'ul operation of the modified liquid radwaste i I! 1 I j l I

13 SECTION 21 §2.3 (Contd) system, Constnners Power shall notify Intervenors quarterly of all occurrences or conditions then *known to any officer.of Consumers Power, or to an employee reporting directly and regularly to any such officer, which Consumers Power 7..uiy cla'im form a basis for an extension of time for the installation and operation of the modified liquid radwaste system, and shall.notify Inter-venors on a current basis of any occurrence or condition known to any officer of Consumers Power, or to an employee reporting directly and reisuJ.a.rly to any such officer, which Consumers Power then claims will form a basis for such an extension of time. §2.4 Pending installation and operation of the modified liquid radwaste system pursuant to the schedule provided in §2.3 hereof, Consumers Power, insofar as Intervenors are concerned, may operate the Palisades Plant nt any power levels authorized by any AEC license issued to Consumers Power, utilizing the existing liquid radwaste system; provided that radioactive materials in liquid discharges to Lake Michigan shall. be at levels which are at all times as low as practicable and which do not exceed, on a quarterly average basis and on an individual isotopic analysis basis, and based on the assumptions used in Section 11 of Consumers Po-wer's Final Safety Analysis Report to the AEC for the Palisades Plant as amended to December 1, 1970, ~ r [' r i f..

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i l r f i i (i) under normal or abnormal operating conditions as defined in §2.l hereof and assuming no failed fuel, two percent (2'/o) of applicable 10 CFR Part 20 limits in effect as of December 1, 1970; and (ii) under normal or abnormal op~ating conditions as defined in §2.1 hereof and assuming some failed fuel, ten percent (10%) of applicable 10 CFR Part 20 limits in effect as of December 1, 1970. I

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• s::cTION 3. - GASEOUS RADtlASTE SYSTEM i

\\* f* §3.l No engineered feasible system is presently available to i reduce the gaseous radioactivity release f'rom a pressurized-water-reactor nuclear power plant to essentially zero. Work is presently in progress ~Y reactor vendors, national laboratories, and.utility companies, including consumers Power, on the development of systems or components of systems to reduce gaseous vraste releases to essentially zero. Constmlers Power will reasonably support the developmental progress of this type of system and will retrofit such a system to the Palisades Plant when it is available, provided that regulatory approvals for such retrofitting can be secured and provided that, in Consumers Power's reasonable judgment, (i) it is technically feasible to retrofit such a system to the Palisades Plant at a reasonable cost, and (ii) the use of such a system in the Palisades Plant would result in a whole-body radiation dose at the Palisades Plant j site boundary (assuming a one percent [1%] failed f'uel condition) signifi- ~- cantly less than the whole-body radiation dose expected at the Palisades r Plant site boundary (assuming a one percent [1%] failed f'uel condition) f utilizing the ~xisting gaseous radwaste system. The latter whole-body i* / radiation dose is described in Appendix III hereto.

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SECTION 4 - HOT FUNCTIONAL TEST I i h §4.1 On or about February 5, 1971 Consumers Power commenced a [,

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~ hot functional test at the Palisades Plant covering the primary system r ~ and all nuclear auxiliary systems affected by the heatup of the primary f I: syStem. The satisfactory performance and completion of such test shall I ' r i' i i F I. [ ~

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be recorded in Palisades Plant records. At Consumers Power's request*, tJie AEC furnished inspectors to review the test proeedur~s, witness sig- ~iificant parts of the test and verify the test results as recorded in Palisades Plant records.. Consumers Power agrees to permit a representative of Intervenors to inspect, at any reasonable time, the Palisades Plant records in which the testing contemplated by this §4.1 is recorded. Consumers Fower will request the ASLB or the AEC to have copies of AEC inspection reports covering said test made available to Intervenors. SECTION 5 - CONTROL ROD TESTS §5.1 Constnners Power agrees to test in the Palisades Plant reactor, within thirty (30) days after initial f'uel loading, aii f'ull-length control rods which are to be initially installed in the Palisades Plant reactor. The test shall be made in accordance with the Consumers Power procedure entitled "Control Rod Performance Test," dated January 8, 1971, a copy of which has been furnished to Intervenors, and shall subject said control rods to normal operating temperature, pressure, flow, and rod moveinents, includi~g drops from.the full-out and half-out positions. The reactor ~hall be held subcritical by boron concentration throughout the test. The data obtained from the test will be evaluated by Combustion Engineering, Inc. to assure that rod drop time requirements are met as provided in the "Control Rod Performance Test" procedure. If control rod drive motor current and drop time measurements made during the test d~monstrate that any control rod exhibits a;ny abnormality that would impair ~~=r.,*,.,..,_,.-~&:~.')~,~~?'t-~D::::.~~~~~--~~""==~~~* ="=""'===

\\ 'i 16 SECTION 5, §5. l * (Contd) the ability of tl'~e rod to drop in an acceptable drop time, then Consumers row~r shall either repair said rod or replace said rod with a control rod not exhibiting any such abnormality, prior to initial criticality. §5.2 At the conclusion of zero power physics testing and prior to escalation to power, Consumers Power shall repeat the test contemplated by §5.l hereof to verify drop times on all installed full-length control rods,.and COlnbustion Engineering, Inc. shall evaluate the data obtained from such repeat test to assure that rod drop time requirements are met ns provided in the "Control Rod Performance Test" procedure. If control rod drive motor current and drop time measurements ma.de du.ring the repeat test demonstrate that any control rod exhibits anj abnormality Which would impair the ability of the rod to drop in an acceptable drop ti.me, then Cons'l.Ililers Power shall either repair said rod or replace said rod with a control rod not exhibiting any such abnormality, prior to escalation to pawer. §5.3 Consumers Power shall require Combustion Engineering, Inc. to submit *to Consumers Power a written report of its evaluations of the tests contemplated by this Section 5, and a copy of such report shall be filed as a part of the Palisades Plant records. Consumers Power agrees to permit a representative of Intervenors to inspect, at any reasonable time, the Palisades Plant records covering the procedures, measurements arid evaluations of the tests contemplated by this Section 5.

MPSC APPROVAL; WITHDRAWAL OF INTERVENTION §6.1 Upon execution of this Agreement, Intervenors shall c~:.operate with and take all appropriate action to *assist and support

o:-:su..11ers Power in expeditiously obtaining the testing license, in-eluding but not limited to joining immediately with Consumers Power in p:*esenting and filing in the proceeding the Stipulation (a copy of

• • hi.ch is attached hereto as Appendix IV), which shall be executed by 17 the pa.rties' attorneys of record in the proceeding a.t the time of execu-tion of this Agreement.

Upon execution of this Agreement the parties' attorneys of record in the proceeding shall also execute, for later presentation and filing in the proceeding as provided in §6.6 hereof, the Stipulation (a copy of which is attached hereto as Appendix.V) supporting issuance to Consumers Power of the full-power license con-taining the technical specifications in the form set forth in Exhibit A to said Appendix V (said fo::rm of technical specifications being called in this Agreement the "special technical specifications 11 ) as part of the Technical Specifications for the Palisades Plant. By execution of this Agreement, the parties authorize their respective attorneys of record in this proceeding to execute and file said Stipulations in the pro-ceeding in accordance with this Agreement. §6.2 Upon execution of this Agreement, Consumers Power shall, ~~th all due diligence, make application to the Michigan Public Service Commission (in this Agreement called the "MPSC") for an order or other au-thorization (in this Agreement called the 11MPSC order 11 ) a:pproving Consumers

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'ION 6, §6. 2 (Contd)

?:;*.. *er' s execution and performance of this Agreement and authorizing Consumers ?over for rate-making purposes to include in its rate base its total ~::..-csment in the design, engineering, equipment and construction of the

-:.:*:!Hied condenser cooling system and the modified liquid radwaste system,*

lens depreciation, and to include in its cost of service the expenses to ~:c incurred in operating and maintaining the modified condenser cooling r::.*ste:m and the modified liquid radwaste system. §6.3 Except as provided in (ii) of §6.4 hereof, this Agreement (and ~11 the rights and obligations of the parties hereunder) shall terminate and t!:c Stipulation supporting the issuance to Consumers Power of the full-power license con.taining the special technical specifications shall be of no further force.or effect (i) if the MPSC order is denied; or (ii) if the proceeding is reconvened to consider the issuance of the full-power license or any operating . license other than the testing license prior to the granting or denial of the l*~'SC order; or (iii) if, after the MPSC order has been granted, the proceeding is reconvened to consider the issuance of.the ful1=power license or any oper-

• nting license other than the testing license prior to the expiration of all tine permitted by law for rehearing, appeal or review of the MPSC order, or prior*to the completion of any and all rehearing, appeal or review of the MPsc*~!der_ if rehearing, appeal or review thereof is sought by any person.

§6.4 No party hereto shall request that the proceeding be reconvened to consider the issuance of the f'ul.l.-power license or any opera.ting license other than the testing license (i) prior to the granting or the denial of the MPSC order, except that if the MPSC has neither granted nor*denied the MPSC order within sixty (60) calendar days following the

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~:-;'ION 6, §6. 4 (Contd)

~A~e of filing of* the application for the MPSC order, then Consumers Power t:.!:11 have the right to request the.reconvening of'. the proceeding to .-:-:1sider the issuance of the full-power license or any operating license ,;i~r.er than the testing license; or (ii) while there is pending any re-

• ..;.est for rehearing, ap:peal or review of any granting of the MPSC order, C*' during the time in which any such rehearing, appeal or review of such 1*,:-anted MPSC order may be sought under a:pplicable law; -provided, however,

~.:;at, while there is.Pending any such request for rehearing, appeal or review o:~ such granted.MPSC order, or during the time in which any such rehearing, n?peal or review of such granted MPSC order may be sought under applicable law, Consumers Power shall have the right to request that the proceeding t;e reconvened to consider the issuance of the full-power license or a;n.y operating license containing the special technical specifications, other than the testing license, and if Consumers Power does so request the pro-cceding to be reconvened, as provided in this (ii), then Intervenors agree that they will join in such request, and the parties agree that this Agree-ment shall not thereby terminate as provided in §6.3 hereof. §6.5 Consumers Power shall promptly notify Intervenors of any request by any person for any rehearing, appeal or review of the granting of the MPSC order. Intervenors shall have the right, insofar as Consumers ?ower is concerned, to participate in any such rehearing, appeal or review and Consumers Power shall pursue administrative remedies or court actions, 0 ~r both, in connection with e.ny* such rehearing, appeal or review in the rr~'l.nner provided for in Section 10 of this.Agreement j in order to assert

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~===---~.'ll:I

~. {* 1 20 s:~?ION 6, §6. 5 (Contd)

c validity of the granting of the MPSC order.

I:f, after exhausting all

~ch administrative remedies or court actions or both, it is finally jetermined that the ~,PSC order, or any portion thereof, should not have

• :: ccn granted:

I. and the MPSC order or portion thereof is. required for the performance by Consumers Power of any provision or provisions of this Agreement, then Consumers Power will be forever relieved of any obliga-tion to perfonn any provision or provisions of this Agreement (and any and all other provisions of this Agreement which require that said provision or pro-visions be performed) as to which such invalidated MPSC order or portion thereof is required; II. and the MPSC order or portion thereof is not required for the performance by Consumers Power o:f any provision or provisions of this Agreement, then not-withstanding such final determination, Consumers Power will not thereby be relieved from performing any pro-vision or provisions of this Agreement. §6.6 In the event Consumers Power is granted the MPSC order prior to the time the proceeding is reconvened to consider issuance of the* full-power license or any operating license other than the testing license, or if, pursuant to (ii) of §6.4 hereof, Consumers Power requests ~be reconvening of the proceeding while there is pending any request for rehearing, appeal or review of such* granted MPSC order, or during the time

' I t. t I* i f.. i 21 f,;:~CTION 6,. §6.6 (Contd) in which any such rehearing, appeal or review of such granted MPSC order may be sought µnder applicable law, Consumers Power shall promptly deliver to Inter- ,*enors a notice to that effect. Intervenors shall thereupon cooperate with and take all appropriate action not inconsistent with this Agreement to assist and support Consumers Power in expeditiously obtaining the f'ull~power license con-taining the special technical specifications, including but not limited to joining with Consumers Power in presenting and filing the Stipulation executed at the srune time as this Agreement (a copy of which is attached hereto as Appendix V). From the time of the execution of this Agreement Intervenors shall not, unless requested by Corisumers Power in order to support the issuance. of the testing license and/or the full-power license containing the special technical speci-fications, or* unless directed or requested by the ASLB, or unless permitted by this Agreement or the Stipulations (copies of which are attached hereto as Appendixes IV and V), take any further action in the proceeding or file any documents therein (other than the aforesaid Stipulations) or initiate or participate in any actions (including but not limited to administrative remedies or count actions) dehors the proceeding with respect to or in connection with the testing license, or the full-power license containing the special technical specifications, _or the issuance of said licenses. §6.7 When (i) the full-power license has been issued to Consumers Power containing the special technical specifications a..~d (ii) the initial or final decision in the proceeding has become the final action of the AEC 0 bithout amendment of the said full-power license so as to remove or change the special technical specifications, then Intervenors shall be deemed, ...-1 thout further action on their part., to have withdrawn from the proceeding

i $::CTI0N 6, §6. 7 (Contd) "¥°i t-h prejudice and without right thereafter (except as otherwise provided in §§6.9, 6.10 and 11.2 and Sec;tion 10 of this Agreement) to take any.

~rther action in the proceeding or otherwise in AEC Docket No.

50~255; c*r to take any action in any AEC proceeding to extend, renew or convert the f ~ull-power license from a provisional to a final operating license or to . i* e.":',end the full-power license to authorize operation of the Palisades Plant at any power*level higher than that authorized in the full-power license; or to appeal or to stay the effectiveness of a;ny or all decisions, findings, 01-ders or rulings theretofore or thereafter made or entered in the pro-ceecling or otherwise in AEC Docket No. 50-255 or in any AEC proceeding to so extend, renew, convert or amend the full-power license; or to initiate or participate in any actions (including but not limited to administrative .remedies or court actions) dehors the proceeding with respect to or in connection with the testing license or the f'ull-power license or the issu-ance of said licenses. Moreover, upon such issuance of the full-power license containing the special technical specifications and the initial or final decision in the proceeding having become the final action of the AEC, as aforesaid in (i) and (ii) of this §6.7, Intervenors shall also thereby be deemed to have waived and forever relinquished any a.nd all rights to take any legal action with respect to any alleged noncompliance of the Palisades Plant, the proceeding or any decision in the proceeding, or the testing license or the full-power license, with the National Environmental Policy Act, the Federal Water Pollution Control Act as amended, the Atomic Energy Act of 1954 as amended, k the Federal Rivers and Harbors Act of March 3, 1899 as amended, the Federal Clean t* f

• Air Act as amended, or with any other federal, state or local statutes or

~ r;,. l* r r !'I I i I: I i I It t

i.

l

( ~*-ti f' i: 23 '* 1

.r::-:-roN 6, §6.7 (Contd)

• "'.H

  *..ances and any rules, orders and regulations of the AEC or any other

.;;

• ;lie official or agency under.any of said Acts, statutes or ordinances.

§6.8 Consumers Power shall have the right. to terminate this 1 ,4

'"~~ent by notice to Intervenors if ( i) the full-power license con-

~ t~ni:1g the special technical specifications has not been issued by the .!J~; Director of Regulation within one hundred fifty (150) calendar days

~~~r the date of execution of this Agreement (provided, that said 150-

~ti..Y period shall be. extended by one day for each day that the completion c :" low-power testing under the testing license is delayed beyond thirty-five

:;;, 1 calendar* days from and after the date o-f; issuance of the testing li~

ce:ise)", or (ii) there has been entered a court order or decree or an order c: a public body or official having jurisdiction which, in the reasonable

• r:;>inion of legal counsel for Consumers Power, renders improbable the

~~~ua.nce of such a full-power license within said 150-d.ay period, as said l))-day period may be extended under (i) of this §6.8, or, if such court o:'dcr or decree or order of a public body or official prevents the com-

>li;tion of the low-power testing, as said 150-day period may have been ex-

~.<.-nded under (i) of this §6.8 prior to the entry of such court order or c~cree* or order of a public body or official. Upon delivery of such i r:wtice this Agreement (and all the rights and obligations of the parties i* I f

• ,1:r.cunder) shall terminate and the Stipulation (a copy of which is r

i's.ttn.chcd hereto as Appendix V) supporting the issuance to Consumers i r {; ~.I J., 1,. ~* f* I, fl. f ?~aer of such a full-power license, if theretofore filed in the pro-t(!cding, shall be withdrawn and shall be of no further force or effect. 0

r.

i.

1. 24 -/ li:J::::'TION 6 *(Contd) §6.9 Nothing contained in this Section 6 shall: preclude

~tcrvenors from initiating any action or proceeding in AEC Docket.

~; 0

• 50-255 on account of Consumers Power's alleged breach of or failure

~f performance pursuant to this Agreement. §6.10 Consumers Power shall give Intervenors advance

~otice of any change in the technical specifications of the full-power 1.iccnse respecting the construction, installation and operation *of the

~~dified radwaste and/or condenser cooling systems proposed by Consumers Power after the issuance of said license. If Intervenors are of the c;linion that any such proposed change is a breach of or failure of ycrformance pursuant to this Agreement, they shall notify Consumers Power of such opinion within fif'teen (15) business days following de-livery of said notice by ConslUUers Power. If within ten (10) business dn.ys af'ter delivery of such notice to Consumers Power, Intervenors re-quest the AEC to hold a public hearing in connection with such proposed change, and if such request is reasonable, then Consumers Power will also request the AEC to hold a public hearing in connection with such proposed change. Nothing herein shall preclude Intervenors from ini-tinting any action or proceeding, in addition to such an AEC hearing, to contest any such proposed change on the ground that it is a breach of or failure of performance pursuant to this Agreement. ~":CTION 7 - RESERVATIONS 0 §7.1 Nothing in this Agreement sha11 prevent Consumers Power from taking any steps or measures in connection with the design, con-r atruction, modification or operation* of the modified condenser cooling i' ? ~. f I. E

i.

~t"';~:c;::i.,.,,.

/ 25 7, §7.l (Contd) I and the modified.liquid radwa.ste*system which contemplate modifica-1;.-iacn ~~~~s, procedures or modes of operation equal to or better, considering

• ,~".c: protection of the environment, than the modifications, procedures or

i.

:;.Scs of operation contemplated in this Agreement; provided, however, that

-.Le foregoing provisions shall not authorize Consumers Power to take any

.~eps or reeasures to install and operate a modified condeIIBer cooling system

,,'lving an open-cycle system utilizing Lake Michigan water for once-through

.

:-oling or to install and operate a modified liquid radwaste system which

\\.';::c.lld release radioactivity to the environment at levels above those contem-

• • l.t1t.cd in Section 2 and Appendix II of this Agreement under the conditions

• .:~erci.n stated.

§7.2 The parties agree that Consumers Power's agreement to the 1::.~ ifications, procedures and modes of operation contemplated herein for ~.:;c Palisades Plant and any action taken by Consumers Power pursuant to '..!~: s /..greement before or after the execution of this Agreement shall not Ce ckemed, construed-, interpreted or claimed to be an admission that the ~.!;..l-;.e or any similar modifications, procedures or modes of operation are

.{"tttrnary or required at any other Consumers Power electric generating

~.L..,.i;~ ** The obligations of Consumers Power under this Agreement are limited ~"°' the Palisades Plant. F fJ:~:'.7! OH 8 - OTHER PROCEEDINGS )" f i r 0 §8.1 Intervenors shall not initiate, or take ~ in directly <:zr !:1directly, or aid, advise or furnish information to any other person,

f.

f.

~.:

• \\'..

.:.;.~~* 6, §8.1 (Contd) '":.:"-;*:;.ration or association in connection with, any suit, proceeding before I i.'.t g-overnmental ag~ncy, or other action, whether or-not now pending (in- ~:..;..~ ~::e but not limited to the pending proceeding in AEC Docket Nos. 50-329 i,.',~ :,c-330 concerning issl,l.B.nce of construction permits for Consumers

--~*,'"t'r's Midland Plant Units 1 and 2) to raise or contest issues with respect

~,_~ ( i) the design, construction, licensing or operation of the Palisades

.:,:*t., including but not limited to the licensing or operation of the

/-:..!:sades Plant at power levels above 2200 thermal megawatts (except as other-v::ie permitted by §§6.9, 6.10 and 11.2 and Section 10 of this Agreement); '.:i) expenditures by Consumers Power to install and operate the modified ilquid radwaste system or the modified condenser cooling system at the h l i sades Plant; (iii) expenditures by Consumers Power to obtain the ~~sting and full-power licenses for the Palisades Plant or expenditures

• !:"l connection therewith or resulting therefrom.

.:::_)JON 9 - INFOIW".ATION J\\.."1\\1]) REPORTS

§9.1 Not more frequently than quar~erly, Consumers Power will <<:*,swer reasonable requests for information respecting its performance

• .. :.";der Sections i, 2 and 3 of this Agreement when made in writing by one (l) of the representatives designated in or in accordance with Section 16 L*~reof on* behalf of all of the Intervenors.

Furthermore, Consumers Power r;i~all,'without request therefor, furnish to a representative of Intervenors, on behalf of all of the Intervenors, one (1) copy of all written reports Consumers Power is required to file with the AEC under the Plant Reporting 0 RcqUirements of the Technical Specifications for the Palisades Plant.

~;. ~.:.* 27

~w::*':':o;1 9 (contd)

I §9.2 Upon execution of this Agreement, Consumers Power shall im*r*~,1. i ~.s proposed Technical Specifications for the Palisades Plant* to ,,;,~ *.:,e: following new item e. to subsection 6.6.1 of Section 6.6, "PLANT -~.L~&~.. :..:7!J;G R.EQUIRErvlENTS": "e. When a control rod or a part-length rod is misaligned as defined in 3.10.4.a of these Technical Specifications or when a control rod is inoperable as defined in. 3.10.4.b of these Technical Specifications." ' *:~:-: o:; 10 - LEGAL VALIDITY §10.l If Consumers Power believes that the performance of any

-*Y.nnion or provisions of this Agreement (including any corresponding t;*.('dtl technical specifications included in the full-power lic~nse, whether

• r r,ot specified in the notice) is contrary to or prevented by any local, t *.1. '...:! or federal law, or the rule, regulation, order, action or failure to

~~'.. of any public body or official purporting to exercise authority with re-c*;'<ect. thereto, or the order or decree of any c<?urt, then Consumers Power shall

N

• t!ptly notify Intervenors thereof by telegram, telephone or other meanm

i,;4:i notify Intervenors thereof in writing within ten (10) business days i:::.-ereaf'ter, stating the basis for such belief. In the event Intervenors

~:~:it;.1!)* Consumers Power of their agreement with such belief within thirty ( 3,0)

• cG.lendar days after deli very of the a.f oresaid written notice by

.:i:Jl-:*-.r*i1.0ers Power (and from the time of the aforesaid telephonic, telegraphic,

~r ~ther means of notice by Consmners Power and until the end of such thirty f~.*O) day period whether or not such notification is giV-?n to Consumers Power

/ ( r ) 28

c::::-~1 10; §10.1 (Contd)

.;,~<!'.rvenors) Consumers Power shall be relieved of any obligation to

~*f'*:;: ;::;-;. the provision or provisions in question and a.ny and all other v;****~~ions of this Agreement which require that said provision or pro-

• 1 ; ~'(*:s be performed.

However, notwithstanding its release from obliga-

• • *; ;;.~, r;,:;. provided in this §10.l, Consumers Power shall have the right,

.. t :*.i; 601e discretion, to perform or seek to perform said provision or. ~.:*;**t ~ r; ions. In the event Intervenors do not so notify Consumers *Power .,.. ~~:i~i said thirty (30) day period, then Consumers Power shall in good faith t.*,~ *.'.~'.h due diligence pursue administrative remedies or court actions (in- .: ~,.:; ::is appeals or requests for writs of certiorari to the highest state

*dera.l court having juxisdiction), or both, to assert the validity of

• .. -.(' ?Crfonnance of said provision or provisions and/or the invalidity or

,;:.::.vfulness of the law, rule, regulation, order, decree, action or failure ~::1 ~;t-t. that is the subject of the aforesaid written notice by Consumers §10.2 In the event of an unfavorable ruling or the inability '*" :*.tt.,*c the validity *of the performance of such provision or provisions

_.,.. *;~

h !U'e* the subject of suit and/or proceeding as contemplated in §10.1

.cr,xif) upheld after exhausting all rights of hearing, appeal and requests f~~r '>(ri,ts of certiorari to the highest state or federal court having juris-t.;'="* ~on, then Consumers Power will forever be relieved of any obligation

';.~* ;:~rform the provision or provisions in question and any and all other

• .t~i*,~inions of this Agreement which require that said provision or provisions k

~f

rformed.

r

\\,

I' i* t I \\, " ' 29 §10.3 In the event Intervenors or one or more of them seek to

• i,-w-*: ~ c ipate in any co_urt action or administrative proceeding contemplated t; 5.:0.1 hereof, Consumers Power agrees not to oppose their participation and

, :.r,: ipulate or take other appropriate action to induce the court or agency ~.:* j:>tmit Intervenors or one or more of them to participate _in the proceeding.* ,~.c-.1*er or not Intervenors are permitted to participate, the parties shall .: ::-.:i;>erate by exchanging all pertinent information, documents, pleadings, or ,;-~.::~r papers filed or of record in such court or agency proceeding. §10.4 In the event Intervenors are not permitted to participate

..: 11 party in any such court or administrative proceeding, Constmlers Power 4:rces to consider adopting and submitting evidence and argumen~s of

~~~ervenors in support of Consumers Power's position before the court or t.,;.c-r.cy except and unless the same are, in Constmlers Power's judgment,

~t~u=~tory, irrelevant, repetitious, inaccurate or otherwise improper. §10.5 The parties agree that while Consumers Power is pursuing

• .:.. ~ administrative remedies or court actions, or both, contemplated in S H:i. l hereof, Co~sume:rs Power may operate the Palisades Plant in any manner

<"mitted by law; provided, however, Consumers Power agrees that while it

~t purouing said administrative remedies or court actions, or both, it ~l~_continue to perform all of the provisions of this Agreement except ~:.y provision or provisions (and any and all other provisions which require ~::~t Gaid provision or provisions be performed) a.s to which (i) it is pre-0 'l""':-.ted by a court order or decree or is prevented by an order, notice or o".1:: 40r action of any public body or official having authority to enforce E r* £'.; '** t k ~.j L: ~

1: {.

• .,;,* 30 f:

~s;*"";:c:i 10, §10.5 (Contd) ~**......--~ r.. :~ c!"-.:ier, notice or other action without resort to a court for enforcement; ' r. JJ~* {ii ) it. is prevented by the ;Lack of any permit' license' consent or. ,..,_*,,t::- r.uthorization of any public body or official which is required for

;~':; *. inued performance; or (iii) to do so would, in the reasonable opinion

.:* :c;;al counsel _for Consumers Power, result in the violation of any criminal

• . !,*' or criminal ordinance or the imposition of any criminal or civil fine,

. : r~!~~nal or civil penalty, or criminal or civil forfeiture; or (iv) there '.~,; been entered a court order or decree or an order' notice or other action

.< !l. public body or official which, while not preventing performance of this J..;::-t*c::-:ent by Consumers Power, would require shutdown of the Palisades Plant

.1;- a reduction in the electrical output of the Palisades Plant ~f Consumers

~"-.-tr continued to perform.

§10.6 The special technical specifications to be included

;*; the full-power license shall provide that Consumers Power shall be

-d i.eved of any obligation to comply with said technical specifications

• .. :* '.:he e>.."tent and during the time that Consumers Power is relieved from i*-t:-~orming any corresponding provision or provisions of this Agreement

~.,;:-i;uant to this Section 10. ~t:-noN 11 - DISPUTES §11.1 If any dispute arises between Consumers Power and Inter- .,.~,*~ors concerning the interpretation or performance of this Agreement, ':\\(!y will first attempt to resolve the same by good faith discussions d!rected tows.rd settlement by :f'urther agreement.

I }.:. ' f r i,* ~ r: \\. ~*- ,,,.~,,***"'~i u (Contd) L.:~*:;;..:--=--- .,;.* 31 §11. 2 Any party hereto. shall have the right, if not inconsistent 'f, -..~ the terms of this Agreemen:t, to enforce any* obligation of any other ...... 'i' hereto under this Agreement in any action, including administrative 1 ~~~o:;s and actions in AEC Docket No. 50-255; provided, however, the ., *.. 'es hereto agree that a breach of this Agreement by any party cannot be );~'t-A' \\.. * ~.~t'*,~*;ntely compensated or measured by money damages and that the. parties to '..;-;:~ Agreement with respect to enforcement thereof do not. have an adequate

<;~e-;ly at law, except that a party hereto may enforce any obligation of any

*.~a party hereto and seek money damages for breach of an obligation, if

~.::.e breach resulted from or was based upon conduct which is either arbitrary, ~:;~iricious or in bad faith. §11.3 The parties agree that the obligations herein are not

~."..ended to create third party beneficiary rights and are not enforceable t *.. ~he instance of any person who is not a party hereto except as, a.nd

-:.o the extent that, the provisions hereof may be enforceable under appli- ~~.:.1e laws by any public body or official having authority to do so. ~;*;~:'ION 12 - RATIFICATION AND APPROVAL §12.1 Concurrently with the execution of this Agreement Consumers l"<.'ver and each corporate Intervenor sha.11 deliver to each of the other

• • trties verified evidence of the authority of the person executing the same

~~ co so for and on behalf of the corporation represented by such person. ii~ thin thirty (30) days after the execution of this Agreement, each Inter-

• n:r.or which is a voluntary association or other unincorporated organization

.;~*.l".. 1.1 deliver to each of the other parties a verified certificate by the ff I i Ii ' l, I l I III I

-~-- ), ~ ' '* f .. ~H**-.11 12, §12.l (Contd) ~.~.::~,;...:..* *;;.:** *:;._;::;..:::;.!.-..;;.-- 32 .,.. rJ-~'~c.-.t or other authorized representative thereof af'firming that the n,,,i;;i:>t::::. of the association or organization have authorized or ratified and I <:.:**;.: ;.ve<i this Agreement and th~ execution thereof on beha.l.f' of the associa- ., f. 6r other unincorporated organization or that such members are not ,.,1,\\.d red to specifically authorize or ratify and approve this Ag_reement and , :,.e-c:i:e*cution thereof, and that such members will be jointly and severa.lly * .;.. ~~*,;! ty this Agreement without their specific authorization or ratifica- '* *,.:~*. r..nd approval thereof. . :,.:"':: C'~l 13 - BINDING EFFECT §13.i The promises and undertakings herein shall be binding upon

• .::.~* ;1<>...r:ties signatory to this Agreement and upon their heirs, r~presentatives,

.;~.:*.:i;sors and assigns; provided, however, that any transfer or assignment

y ~t!; Intervenor of this Agreement to another party (whether or not the

i.~'.~r is a signatory hereof) or to a successor, without the prior written 1 'T"H~nt of Consumers Power, shall be null and void; and provided further,

0.:vr1*tr, that Consumers Power shall consent to the transfer of this P4!;ree-r.. ~*~:~ to a. successor corporation of a corporate Intervenor upon the merger

o: consolidation of such corporate Intervenor with, or the transfer of rJ~.r;*~.antia.11.y all of its assets to, another corporation having in general

~}:,~ t.c.:ne purposes and objectives as the said corporate Intervenor a.nd if

• 4,;~ i~~ cuccessor corporation is, by applicable law or otherwise, bound a.nd

~01ted. under this Agreement to the same extent. and in the same manner u Hdd corporate Intervenor was so bormd and obligated prior to such lh';

eer, consolidation or transfer of assets.

f! .i' rI I' If

i** r . ~.. i

• .,;,* 33

§13.2.Consmners Power agrees that any unincorporated Intervenor ~.ni...'lsfer and assign this Agr.eem~nt to a nonprofit corporation here-t,,0 ~-: organized under the laws of the State of.Michigan by all of the then

• "l<~.>~r:> (in this §13.2 called "incorporating members") of said Intervenor i.. ~

1 ~ ::r.*.'ing in general the same purposes and objectives as said.un.incorpo- ~*:..'."'.! Intervenor, provided (i) that said corporation agrees in writing with

• ~.} *.;..-:.crs Power to assume and be bound by all of the obligations of Inter-

, tt".-::crn under this Agreement; (ii) that all living incorporating members of

to:.j Intervenor,.and all living persons who were members in good standing of

<,:1 Intervenor on the date of its intervention in the proceeding or at any

~.~r"i:: du.ring the proceeding (in this §13.2 called "intervening members"),

::~.i:e:it in writing to said transfer and assignment; (iii) that all living

. ~~',.<.*orpora.ting members and all living intervening members of said Intervenor n.i:r*:ute a.nd deliver to Consumers Power a written releasell in a form satis~

-~.:.:t.ory to Consumers Power, forever releasing and discharging Consumers Power ifo."1 any and all obligations under this.Agreement to each said in~orporating N" intervening member; (iv) that said Intervenor delivers to Consumers Power

t. cc..::;plete list of its incorporating and intervening members and the last-1_..,.Nn a.ddress of each said member, verified by the representative of said

'.~'

.'!!rYenor who executes this Agreement; and (v) that compliance by said

.~. ~-¢:-..'enor and the incorporating and intervening members thereof with

~ *. :-,~ conditions of this §13. 2 shall be a condition precedent to the ~~:-~!ctiveness and validity of said transfer or assignment. j I !I j! I l, I,I 'I fi

~CTION 14 * - PUBLICITY §14.1 Intervenors and Consumers Power agree that ea.ch party ~ I disclose to others such of the terms of this Agreement, as' well as the ~ea.sons underlying such party's having entered into the same, as such party ~ri.y determine or as may be required to effectuate the terms hereof or as

sy be required by law or order of a

ny governmental authori~y.

§14.2 The parties will issue a joint news release announcing execution of this Agreement, as follows: 0 "Spokesmen for Consumers Power Campany and the groups which have intervened in AEC licensing pro-ceedings to contest the issuance of an operating license for the Company's Palisades Nuclear P01.rer Plant on Lake Michigan in Covert T01mship, Van Buren County, Michigan, today announced that the parties have entered into a settlement agreement. "The Company announced that it will proceed with a program to install and operate, under AEC license limitations, cooling towers and an essentially zero radioactive liquid release system at the Palisades Plant * . The modifications will be a major undertaking and may take several years to complete. It is contemplated that the Plant will operate as presently constructed while the work is being done. "Under the settlement agreement, instaD..ation of the modifications is conditioned upon receipt of a:n order of the Michigan Public Service Commission approving the Company's execution and performance of the settlement agreement. The settlement agreement also provides that the Intervenors will agree to the immediate issuance of a license to permit the Campany to load fUel and begin low-power testing at the plant. When the Public Service COimllission approval and a ful.1.-power A.EC license a.re obtained, the Intervenors will also withdraw from the AEC proceeding and waive all rights of appeal on the issues they ha.ve been contesting. The proposed cooling towers will be of the mechanical or natural draft type. Except for the cl~ansing of lake

l' ~ '* §14. 2 (Contd) ~~~~~~:;.-23:.....=...... _,'---= __ .,."!l.ter ~esidues from the towers, they will form a. closed circuit in which heated condenser cooling ~~ter will be cooled a.hd recirculated for use in the Plant. The modifications to the liquid radioactive ~~ste system will essentially eliminate radioactive liquid discharges under normal conditions. The exist-ing system would release some radioactivity, although at levels substantially below current AEC limits. "A spokesman for the intervening groups urged approval and installation of the modifications as soon as possible, describing the Company's program as a major advance toward protection of the environ-ment through utilization of the latest and best technology. "The intervenors' spokesman also said: 'We hope

• .u1*

and trust that all state and federal agencies whose approval is required for these modifications will move quickly to permit the parties to carry out their agree-ment, which we believe will assure the environmental protection we have been seeking and is thus in the public interest.' "Spokesmen for both parties expect that the AEC hearing can be concluded in the near future and that issuance of a full-power operating licenae will soon follow." 35 ':'u.c foregoing news release is not in any way intended, and shall not be f.(~t-d, to add to or subtract from or modify any of the rights and obliga- -; ~-o:-*~r. of the parties set forth in this Agreement, and shall. not in any wa:y ~,~ ~coo to interpret the provisions of this Agreement. f~!C!I 15 - SERVICE OF PROCESS f §15. l For the purpose of bringing suit in connec.tion m th this Jcf:'.e,ent in any court in the State of Michigan, any party may {in addition 'k*. 11.ny other procedures authorized by applicable law or rule Iii!) obtain

~*

• s!:CTION 15' §15.1 (Contd) t.e:rvice of process upon any other party by leaving a copy ot the Sililimons e::.d Complaint with said other party's r~presentative or representatives

~ru;;ed in or pUTsuant to Section 16 of this Agreement, and by sending by registered mail a Summons and a copy of the Complaint to said other party at its address stated in the first paragraph at page l of ~his Agreement (or, if such stated address is changed and said other party has notified all parties hereto of such change in writing, at said changed address of said other party). Service of process made in accordance With the fore-going provisions shall constitute.valid service of process up6h ahy party so served. This §15.1 shall not govern the method of service 6f process for any suit brought elsewhere than in the State of Michigan. SECTION 16 - NOTICES §16.1 Except as otherwise specificaiiy proVided in §io.i hereof, any notice or other communication required by this Agreement shall be in writing and delivered either by messenger to the effice of a representative of a party dUTing regular business hours or by registered .or cenified mail, -r~tUTn receipt req_uested.,. postage prepaid-to S, repre- ~~ntative of a party, as follows: (a) ~.b) If to Consumers Power: P *. A. Perry, Secretary Consumers Power Company 2.J.2 West Michigan Avenue .Ta.ckson, Michigan 49201 If. to-Inter.venors:: Fro: a.11. !ntervenors-excep--e: Sierra ~::Lu.fr:: Eric V. Brown, Sr., Esq. Brown, Colman & DeMent 125 W. Walnut Street Ka.lama.zoo,. Michigan 49007

• r l t

,

*::"':' :c~; 16, §16.1 (Contd)

Myron M. Cherry~ Esq. McDermott, Will & ~ery lll West Monroe Street Chicago, Illinois 6o6o3

• For Sierra Club:

Lewis D. Drain, Esq. Mika, Meyers, Beckett & Jones 3ll Waters Building Grand Rapids, Michigan 49502 Copies of all such notices and information shall be delivered to: David Dinsmore Camey Businessmen For The Public Interest, Inc. 109 North

Dearborn Street,

Suite 1001 Chicago, Illinois 6o602 ..,,. 37 Any party may change its representative or representatives at ~-:"<;* ti.me, provided, however, that (i) the Sierra Club, and (ii) all Inter-i*;:::ors except Sierra Club, shall each have one representative who shall. ~.~.... c a.nd maintain a business address in the Lower Peninsula of the State

.: }.'.ichigan, and all Intervenors except Sierra Club wzy in addition have

-

""(! representative who shall have and maintain a business address in

~*:>f. County in the State of Illinois; and provided further, that said

• u-ty shall notify the others in writing of any change in the identity

,,._..,j/or address of its said representative or representatives. Notices 4:-.* :,i citner communications required to be made in writing pursuant to this (,,~:rcement shall be deemed to be delivered on the day of actual delivery ~:" by messenger or on the third calendar day after the day of mailing, 0 ~* 11 the case may be. I I

• ['.°:'.:;_: C:;.;,h:_'.::.17!.-*--_T=-ERMI

__ NA_T_I_O_N §17.1 If not previously terminated, this Agreement and all and obligations of the parties hereunder shall automatically ~,,:-:ti :-.ate thirty-six ( 36) calendar months after initial success:f'uJ. ,,~~~~ion of the modified condenser cooling system or the modified

.~,~,~d ra.dwaste ~ystem, whichever is later, unless Consume~s Power is

.; : f cvcd of its obligation to install or operate one or both of said sys-

• *. ~;?"..s pursuant to Section 10 of this Agreement, in which event all rights 1,-,.i obligations of the parties under this Agreement shall automatically
• . ~ :-::i r.a te ( i) thirty-six ( 36) calendar months after initial succes s:f'ul

• .s

  :-.:i.tion of either the modified condenser cooling system or the modified

~~quid radwaste system, if Consumers Power is so relieved of it.s obliga~ ~- :c.:1 to install or operate the other system pursuant to said Section 10; . c:* (ii) twenty-four (24) calendar months after the date that Consumers /\\:"..-er is relieved of its obligation to install or operate the modified

• ('denser cooling system or the modified liquid radwaste system, which-n'I'.':- date is later, if Consumers Power is relieved of its obligations

• '.) install or operat*e both syste~ pursuant t6 said Section 10. The f'

  !"~Eoing*provisions are subject to the specific-condition that any

_

~:1.ch of, or failure of performance pursuant to, this Agreement by any

.'.*,*.~_rvenor or Consumers Power, and the responsibility or lie.bill ty a.rising

~.';;t-refrom, which occurs prior to the termination of this Agreement a.s ~:*ore&aid, shall survive such termination. Consumers Power she.l.1 notify

-~-:.~rvenors of the date of initial successf'ul operation of the :mocli!'ied

'.:*i;;~'i:!cnser cooling system or the modified liquid radwaste system, or of

~.. 39

• G/

_,...* !ia t Consumers Power is relieved of its obligations to install

..:.!-i-l**t:. ~.-~.

~ I ...

• i i;.;' ~eid. systems, Whichever is applica'qle under this §17 1.1.

Consumers .,,,-:r~ :;"'_'i.U. r;.a.ke available to a representative of Intervenors such records ,.. !t ~.c-:cssary to support *such notification. ,. ). *3 - ENTIRE.AGREEME1'l"T .-~..... ~-- §18.1 This Agreement supersedes all prior representations, '<, ;l'.'.lons and understandings of the parties hereto, whether oral or , '.,. ~, and constitutes the entire Agreement of the parties with respect '*.. ' <I r.ub jcct matter hereof. This Agreement shall not be changed, supple- .\\,* *. d or superseded, except in writing, duly executed on behalf of the .c<:'. ;c<:; hereto. rn WITil'ESS WHEREOF, the parties have executed this Agreement as ',,':t' day and year hereinabove first mentioned * ., : x<::.Rs POWER COMPANY /::/ R. C, Youngdahl

• • • • r*-=-c-n1.,..* o-r--

        v*i:-. c-e--,P~r~e-s-i':""* d-=--e_n_t,__-

. ~'. '.: ::.~; STEELHEAD AND SAU10N

: 3liE.J.lll:ZN Is ASSOCIATION

~*~* h/ 'Ronnie P. McCandlis "':*~G.'.\\'.!.1., ECOLOGY MUST BE

'F.. ESERvJill 0

r*{._l3/.Joseph T. Sobota COli)'CEHNED PETITIONING CITIZENS By /s/ James W. Ashley --~~~~~--~~~~~------~ MICHIGAN IAKE AND STREAM ASSOCIATIONS, INC

• By

/s/ Henry E. Westerville --~--------~----P~r~e-si~*~a-e-n~t-----

• SIERRA CLUB By

/ s/ Lewis D. Drain ~------~--~

"n':ed in Man::h, 197'.l.. between 1 .-i- * ~, ~~,*~**11-~er compan(}f and JJJi.ehiga11

• *~ * ;

~ ~,1 SaJJT1on F:ilshermet1.! 1 s )._..

't..,..J.

.. L ~:.cc' ct al. 1-'..DlHFIED 8.0'J'.11DENS:ER COOLING SYSTEM APPEl'IDIX I

• 1e modified cond.e11se

  r cooling system will be designed in accord=

.,, : : :-. :lie principles set forth in Section 1 of this Agre6Uent and will ,..,,,,.. *. *, ~ c.llY conform to the conce-ptua.l design described in this Appendix I.

• ,, ~; r* cf the prop~sed modified condenser cooling system is shown in

,,\\., '.. ~ ;., hereto. To a.cc*OOllll:o.da:te: this closed circuit system, modifications

0 ~:<<*.: to be ma.de to the p:Ia.nt.

The existing cooling water intak.e ",~:~*:.:>>e *:ill be modified a-a. that the present lake inlet will go only to .. t*,n*ice water pump bay. The existing service water pumps (not shown) '..... f;e suction from the cooling tower basin and from the lake, with the .~t ;:*:-.::.-.'1.ding cooling tower makeup water. The existing circulating ws,ter .. :.>;,;::* vill be isolated from the lake inlet and instead will receive water

• ,,;& ~;:;e cooling tower basin and discharge to the condenser.

New circu~ 1 ', :. :\\,; '.rr... ter pumps will be installed to carry the condenser clischa.rge flow

• * *.::ct: cooling tower inlet.

The circulating *water will pass through the ~ nt.o the basin below and then on to the modified intake structure {'°i ~*i:: it. will again be pumped through the condenser u.sing the existing '**:,;.;A ting water pumps, or will flow through the condenser by gravity. Some water must be discharged from the cooling tower basin to

.i\\:o::c in order to control the concentration of salts or other impuri-

'< ~*i '0'~tich are contained in the lake makeup water. This discharge is ~,~'*'*-1 the tower "blowdown." Dilution punrps l-r.l.11 be :tnsta.lled to add ~.; E< ~' ter to the blowdown prior to discharge into the lake. The dilu~ ', '. *>* vi*.t.0r flow will be such that the temperature of the mixed dilution

• "V,;;- (\\nd blowdown will not exceed the ambient temperature of the

\\

.,,... water at* the shorelii:c*s* b;v' moxe thi:m 5°F. The design heat rejec- -~- ' - '. -*b ,. *.,: '.:.he Lake as a result of tfiilia d:i:lscharge will be* as low as practicable .,, ""t with available equipmeilit, Palisades Plant e.nd Consumers Power ~ "* ' ** ,, ";*~.;a.l system operating req_u+/-r.ements.,. design optimization and other

.~:*:.'lcr cooling system des:llgn ob;ject.:lives, and will' in no event exceed

• _)XJ,000 BTU/hr.

Design and construc:t~ou of.~ t'iie.* cooling tower or towers shall con~ ~-::i the la test applicable Co0illfng Tower Insti'Gute (CTI) codes and \\,*,:..;.rds applicable at the time of detailed design, except to the extent ,, *~~::c may be contrary to any applicable law or rule, regulation or :" of any governmental body hav.ing jurisdiction. ~--~*~. . *,.~°':".:"'*:**::'fi"'<_.,.-:,~*.-:--::-:.J*~o;--:.*:-;::~"";"'7:-<-~,..-;--*~;:',* ',':',*.-":"<., *;;,':"T *,-,-.");";" r-~--.""t~"*T.,,,.,.

• -...:... ***,..,*""O~

' \\

'PUMPS Pi\\ll SADES PUMPS MAI'-!: UP FROM LAKE CLOSED CYCLE COOLING SYSTEM [}tHIBH. A COOLING i'O'NER DI !..UTION ,,,---f:>- PUMPS .~ TO LAKE

• ~. !

MODiltI~~£9UID RADWA.STE SYSTEM "'.:*:;e modified liquid;. radwaste system will be designed in accord~ r.he principles set f0rth in Section 2 of this Agreement and will conform to the~ c.oncept.ua.l design described in this Appen~ Tr.e system will be de.a:ignad: to collect, store, pro~ess, monitor .,<,, t'.X*!'.jt of all lig_Uid rad!f.aact-fve -wastes from the Palisades Plant * ...., ~c:-,~ni.t.ed system will he; basically comprised of the following three

.,;*'*,. '. -;

;:.z :

clean waste_, dirty waste and laundry. The subsystems are ,.;.,.,,,~

~ 1

.

xl-iibits A, B and C hereto, respectively.

The clean waste system processes high-activity~ high~purity (low ,, _Ft*,.Liquid wastes collected from four basic sources: t.he l~tdown from ~::.".!"'/ coolant system, the primary system drain tank, the radioactive... ,.,,,* *~ ~ lrlboratory drain tank and the equipment drain tank. The letdown from the primary coolant system is the largest source --* " *,:', ;::<..dlon.ctivity and liquid to '~he clean radv.ra.ste system. The main £ i of this liquid are thermal expansion. of the primary coolant system n ;.;;t.ton of the primary coolant for boron concentration control. T11e primary system drain tank serves as a collection point in

• • ,..,~.'":.;;,.S.;i;~~*mt building for seven sources of liquid:

chemical a..Yld volume .,; " " ~ 11 /st12m heat exchanger drains, reactor shield cooling drains, "*'*, P<< i t ~*jcction tank drains, primary coolant pump seal leakage~ primary

c**

~. ~ ;i::;, quench tank drains, and reactor flange leakage drains.

'the radioactive chemical-laboratory drain tank serves as a collec~ ~':~:;-:, for the sample sink drains and the clean radioactive chemical=

• • • * *,.,. '-**:. ;-:.* d1*ains.

-_\\,) II-2 "'~.,, cauipment drain tanlt s:e*nres as a. collection point for the ~...... ""' i :.~< ;;hipping cask drains, radloacti ve steam genera.tor blowdownj

• ,,1 : r*.Jol heat exchanger drairrs, s:pent fuel :pool drain, spent resin

..,_:); drains, charging pumps: relief line and drains, chemical and .. *........ 'f

• "", ~-.*.:-ol system ion exche:ng~rs and filter drains~ voltl!lle control

,,*,**r.. <. **~, and waste gas surg;e tank drain.

"/*;e llquids from the

primary system drain tank and the letdmm

. L-~ *

,;Rli the vacuum degasifi.er where they are joined by the liquids

,,, "~" :*;;.:ii cacti ve chemical laboratory drain tank and the equipment . '.A.;.* r,. These liquids a.re 'i;hen collected and held up for natural de= ~:'.'('. clean waste receiver tanks. After sufficient decay the liquids /:;1<:,~-""~ out of the clean waste receiver tanks, through the clean waste -'.:'. L:.:r. rndwaste ion exchangers and the treated waste m<:mitoring ta..nks ,,,, "'n.;-orntor. The evaporator will serve to further clean the demineral- .;,;, l ~*.:11s and to separate out the boric acid. '..t'he distillate from the ... *<,,;*H,~*:;r will be stored in the primary coolant system makeup tank from '; v.. v~ll eventually be reused in the plant. The concentrate from .-,~,;<:m1tor will be essentially pure boric acid and will be stored in

L~ acid tank until further use or sent to the solid waste drumming

'or packaging and eventual off-site disposal.

ihe dirty waste system collects low activity)> high solids liquid c~;ineered safeguards rooms, the volume control tank relief, ,- 'H 1 *rc;;'\\~rol area sink, emergency shower, contain.ment sump drains, vent t

• ~ :-.;! nZJ, pump leak-off, deconte.m:i.n.ation pit clraimJ, spent fuel cask

'""i.\\,;,._,~ d.rn.ins, contaminated lab drains, boric acid area. drains, component

,,.,f':.:*.......,.~_......

,":-:_*** *"*,!::.* --;-,-.-,,.._~>':';"~- _,,.... ~.. ::-*":-0?17......... -=:::--:;-:T""':"'~*::~:-:-i-:"'l"*... !:-'~,-'.:" *. 7.t-;;*.---~**:*.*~-..... ; : *: -. ..-**~,:*: -:;.-,... ::*-*.. -.... *. ,.~.~--<~*~* -*~*~~~....--*,* L

II=3 drains.;~.-z:i.oor dP1dns,, treated *waste monitor tank drains and cling wat'eT -surge tank. These liquids a.re collected in . *\\.'.>.l\\**::\\t co lJ\\'l.:lte drain tank f'I:om which they are passed through the dirty to the filtered *waste. monitor tank. The filtered liquids

• .. n t;.e. processed throug},1 an evaporator to further clean up the

.*.. H ~*~N,:; to sepc:.rate out*. 8lli1Y boric acid or other solids. Like the ..*,, *"'t. 1,*;c distillate, the <filistillate from the dirty waste evaporator )" ~*"c::clcd for reuse in the plant. The concentrate will be reused "*:.c;'.."!d (if pure enou,gh).or sent to the solid waste drumming sta- ~er ~><'.!.cr.n.ging and eventual off-site disposal. The laundry wastes consist of the used wash water from the .;*~,:..'\\:lry facility. This liquid may have picked up some solids from

.:< (.i.;1d is therefore filtered to remove contaminates.

The liquid "' 7':-rzeessed through the dirty waste system unless it contains ..,,. ;., ; "i ;:;. vhich cannot be so processed without the possibility of im- '"* < *...1; *.:;e function of dirty waste system equipment. ' ~. ~'f';-,.. *:.:* ~"*:*,~-...

• ,':'"'.~;~."? ;*;-.

77

• -">-,..,..~"':"':'J!r'; i-~".":".'."*."":""*::;;-*~~;~'--=-:-:-,~~r~.... :*-~ :~*-.-,.:---:--v-.. :*--.-....--~.--.,,..*-t-. ----,.,.....,".:"'",......"'l"~~--~~..-.~~..,.-.,-,.

-.. ---*.... ---, --------~"

• -~1..~*rf-

~;i; 1, *~--'* t -~~~:-.d~ __.. ~c< uA>lY COOLANT s l 5 ~Eh-{

• >.iAIN

'ii"*~ .,.~::**CHEM

,>>CLAIN

'f'ANK ,.:;u1 r f.1,E NT C"IAIN 1'ANK ~,. ~ r E M TREATED WASTE MON ITOF! TANKS

t.

RAD* WASTE l ION fXClihNG: ;; TO GAS . SURGE TANK CLEAN WASTE STORAGE l 200,000 GALLONS PALI SADES CLEAN WASiE SYSTEM EXHIBIT A 1---<i*-!?;l>* OFF SITE RESIN REMOVAL '"'**. *:.... _.. ; ~';' ltl 1RI11 a I c Sii DISlllllBEOBiD eoc11e D~ Ii ID a iii D iiDC!U UUODSU0i ~~a egiDRDEBBiB DllDUESDOGgooueai EDI anoeo RODE e 61 aeen Ea i.{ *I ~ '-of;:~;'. .: ~

• . !I'~ i-.

EVAP-ORATOR RECYCLE MONITOR TANK !.--~---~------! NORMALLY~ PRIMARY COOLAl'-ff MAKEUP TANI-( 60RIC ACID TANK

---

'"";':> TO DR.UMMING STATION FOR REMOVAL FROM SITE CIOSIO VI TO ENVIRONMENT CHEMICAL AND VOLUME CONTROL SY STEM

\\

• <:**:*-**1,~"*c;*:.o*:--.-*,.,,~;.,...., *-,~0:~'.'"'*"7"'.."'7C:~_,.IW'_"*;,?".'"""'~~.,.~*-**:"'*:**:".,.,..."'T<<'":c,..,,,."')"':,..-~***~,._,, *.,,.,..._,,..,..=_*1'.'-*..,.......,,,--:0"~",,...'"m;:*~~-... ~..,..o.,*,-... -,,,,.....,.,._._,-

POTENTIALLY CONTAMINATED DRAINS PRIMAf-lY COOLANT '"---~<!~ DIRTY WASTE DRAIN TANK ' 3800 GALLONS FILTERED '#ASTE MON I TOP. TA Ni~ r>------------r-------o

.... f' *

. *.P1,ro11 REUSE IN PLANT

"c.*. _,_=1

"'*~ r------*-~......,~~-.__-----------~~--4 l t L

---

...;"'~*.TO DRUMMING STATION FOR REMOVAL FROM SITE PALJSADES DIRTY WASTE SYSTEM EXHIBIT 8 ro CLEAH WASTE RECEIVER LOW TRITIATED MAKEUP TANK BORIC ACID TANK TANK CHEMICAL AND VOLUME CONTROL SYSTEM I A I

.. ~-. PALI SADES . ~,~~DRY 'IJASTE SYSTEM EXHIBIT C ~AUNDRV WASIE .LAUNDRY DRAIN iANK FIL.TER r--~--*---....;"~ YO DIRTY WASTE l% DRAIN "i'ANK w ro f!NVIRONM£H*!'f '*~ . ~

• ..,,.._ *. i""-):"=~*r*~ ** -;*,*~*-"_'"':;v""""i"~:-_*~.. -::* -:,.....,_-._f;_c_..,-.,:~**':::-"'.- **~.~~-.-..,.. ** *-* *-:.' -.. -*-,**-~.--.*. **~ -..-,,.~.,..

--.. -~;.**':

'~*.. t ,,,"~ ::!n.':cd in Harcln, 1971 betwe.en .., *: ~ ?a...:er Company and M.ichigan. a.nd Salmon Fishermer-i::' s \\*CL: ,.,.... *". 1.:, ~ ;;:-., et. al. GASEOJ}3 RADWASTE SYSTEM S'I'1'E: BOIJNDARY DOSE (]%. li'aiJled Fuel) APPENDIX III A5 suroing one perceait (J~'$)) failed fuel, 4,539 ft3 of gas dis-e>fter a thirty (30')' day holdup time, and a x/Q of 1.33 X lo-5 -~-~- is.calculated. tha.1:tt, the* vrhole-body radiation dose at the "~'.. *-

.~'

Ir .*... **.vi,.,'..--!< ?lant site bounaamyr f'i"om radioactive material released :from '** ;*M:.-*w*.rn rn.dwa.ste sys.tenr, :plt".esently installed in the Palisades Plant ~ ,,.; p. :iqncribed in the Palisades Plant Final Safety Analysis Report ., u.; t_':,'.;~, ns amended to; December 1, 1970, would be: Xe-133 Total 0.06 rnrem/yr 1.62 mrero./yr

1. 68 rurem/ yr 0.25E;rX. This formula is found on p. 339 of Meteorolozy &

-~\\:_;. i~:;er~ (AEC 1968). The value for E0 is taken from pages 3~- and 72 '* *:*i.~ ~ 1~ of Isotopes (AEC, Sixth Edition)*. T1rn applicable 10 CFR Part 20 site boundary limit in effect '"~ *:<: !):,~ember 1, 1970 is 500 mrem/yro

• ,,-;*ecment dated in March:,_ 1971 between

. ~~ swners Power Company and: Michigan

• '~clhead and Salmon Fish.enner2'.s:

-~~sociation, et al. UNKTEICBTATES OF AMERICA ATG1:ITC' ENERGY CO.MMISSION

n the Matter of

):

)i APPEf'TDIX IV CONSUMERS POWER COMPANY'. : ~'.

Docket No. 50-255 (Palisades Plant) i );: STIPULA.TIOJ'l'~ B¥ AND BEI'v.7EEN ALL Th"TERVENORS AND APPLIGAN'l' IN SUPPORT OF FUEL LOADING AND LOW-POWER 'rESTING LICENSE Applicant and Intervenors, by their respective undersigned attorneys, and subject to the terms and provisions of ari Agreement be~ tween Applicant and Intervenors dated the 12th day of March, 1971 (here-inafter called the settlement agreement"), hereby stipulate and agree as follows:

1. That in accordance with the Notice of Hearing of May 18, 1970 in this proceeding, Applicant filed herein on July 21, 1970 a written motion for a license authorizing fuel loading and low-power testing of the Palisades Plant at power levels not to exceed one therm.al megawatt (hereinafter called "the testing license"); that whereas Inter-

~ venors have heretofore contested the granting of the testing license, ~: ~ Applicant and Intervenors entered into the settlement agreement and ~ ! accordingly Intervenors no longer contest, but now support, prompt issu- ~ ~ 1 ance to Applicant of the testing license; that, therefore, as regards fuel loading and low-power testing of the Palisades Plant at power levels not to exceed one thermal megawatt, there no longer is any "contested i r I ' f

~.;

• • n*':'*-***

2 _.*, vi ty to be authorized" Wlithfn. the meaning_ of the Notice of' Hearing o'f: r.,.,.....L .~:...... '"?t"/ 18' 1970.

2. That, subject to p-aragraplb7 of this Stipul.ation, the Atomic

'.,~.:*ety and Licensing Board (hereinafter called "the ASLB ") may, but solely

• r purposes of the testing licens.e:, ac::cept Applicant's evidence in this I

.,-oceeding as uncontroverte-d~ witfaiim the meaning of §Vl (b) of Appendix A

,f the AEC 's Rules of Practjice &1fill find that there is good cause for the

ssuance to Applicant of the t.es,i

ting license; and Applicant and Intervenors consent to the entry of the~ pro1msed findings of fact, conclusions of law f.nd form of order contained. in, K"illibit A hereto, or to findings of fact, conclusions of law and an ord'er* by the ASLB not inconsistent with said

~xhibit A.

3.

That the testing license should be issued pursuant to Appli~ cant's request; and that the: :iini tial decision or order authorizing or directing the issuance of the: testing license, and the testing license as well, should become effec-:tive at the earliest time permitted by law and the rules and regulations of the AEC.

4.

That in support of the prompt issuance to Applicant of a testing license in accordance with this Stipulation, Intervenors: (i) will not engage in any further voir d:!.re examination, cross-examination, or direct examination herein; (ii) will not make any further argument, objec-tions, offers of proof, motions or requests herein; (iii) will not submit or file or seek leave to submit or file any pleading, evidence, exhibit or other' document herein; and

3 (iv) will amm~ t&k~ any other action herein or iri:i tia*te.*.;)r participate in arry actions (:iinelurd+/-ng: hnt:. not limited to adminis-trat:~ve re.me:d.'+/-es or court actions) dehors this:: pm0ceed+/-ng with respect to or in con-i neet:iic;m. 1vi:tih the testing license, or the is_sua.n:ee; of said license, unless requested by Appiic:a:nt in order to support the issuance to Applicant of the testing license, 0rr unless directed or requested by the ASLB, or ~~less permitted by the settlement agreement or this Stipulation.

5.

That Intervenors will not file any exceptions to any initial decision or order of the ASLB authorizing or directing the issu8,nce of the testing license issued in accordance with this Stipulationo

6.

That, subject to paragraph 7 of this StiptLlation, Intervenors consent to the filing in this proceeding and service upon the parties and persons required to be served under the rules of practice of the AEC, of written testimony, exhibits, pleadings and other documents by Applicant and the AEC Regulatory Staff with respect to Applicant's application for a license to operate the Palisades Plant at power levels in excess of one thermal megawatt prior to the reconvening of this proceeding to consider I .r the issuance to Applicant of such an operating license.

7.

That this Stipulation is entered into and submitted on con-dition that (unless Applicant and Intervenors shall otherwise stipulate), in any hearing or reconvening of this proceeding to consider the issuance* to Applicant of a.license to operate the Palisades Plant at 8..D.J' power

4. .. ~.. ss of one therm.ml!. meg~watt, Intervenors reserve the right

• ~

,. ~1 ,,:1 issues, *sub.;:L:~,.:1tt:v:e and procedural, with respect to Ap-1

".

';~wst for a liG::ense': to operate the Palisades Plant at such

, --*.:-r levels, including but not limited to any right tQ file mo-

• dke any filings made pursuant to paragraph 6 of this Stipula-

~,.~ :t.::y right of cross-examination, direct examination, argument, .::~.;;:::i of evidence or motions and demands for documents; and in any ,.. ~ ~ ;:i*: or reconvening of this proceeding to consider the issuance ,.,/r.:it or a license to operate the Palisades Plant at any power ~".::xcess of one thermal megawatt, Intervenors shall not be bound ~..,

.

il be free to challenge any findings of fact or conclusions of

~--:*:r:a in Exhibit A hereto or made by the ASLB in connection with or

• _.. :c

~ :;~*c:.ance of the testing license, and that solely f'or purposes of '.. * *; i.eari!'lg or reconvening of this proceeding, Applicant shall not

.. :{) l:ntervenors' treating, and Intervenors may treat, such pro-

• •  :*: :;:'. i ngs of fact and conclusions of law as if never proposed, made

8.

That Applicant and Intervenors will serve arry notice, request r.r~-.: :. :,:: that this proceeding be reconvened to consider the issuance to

.,*:,.*. * :""** of a license to operate the Palisades Plant at arry thermal power

• "' * ~

~n e;.:cess of one megawatt at least five (5) days before the requested

; ' * ~-

• ~convening, unless they join in a noticell request or motion to

"'.Y-.. ;;;>:'. this proceeding for such purpose upon the expiration of a 9

• That concurrentl~r with the filing of this Stipulation, the

""ill file in this proceeding a true copy of the settlement agreement. ~,-~,-... -

l

{

5

10.,.- That Int:e~venors shall not under any circumstances oppose issuance to Ap:plicamLt of the testing license or challenge the validity of or seek to revoke or suspend the testing license a~er it has been issued by the Director of Regulation.

Judd L. Bacon,, E:sq. Attorney for Applicant Consumers Pmver Company Myron M. Cherry, Esq. Attorney for all Intervenors except Sierra Club Lewis D. Drain, Esq. Attorney for Intervenor Sierra Club Dated: March 12, 1971

UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of CONSUMERS POWER COMPANY ) ) ) ) ) (Palisades Plant) I* ~BIT A TO APPENDIX IT i Docket No. 50-255 PROPOSED FI1'l"DINGS OF FACT, CONCLUSIONS OF LAW, AND FORM OF ORDER SUBMITTED JOil'JTLY BY APPLICANT AND INTERVENORS RESPECTING AUTHORIZA.TlON OF A FUEL LOADING AND LOW-POWER TESTING LICENSE

1.

The fin~ings and order of the Atomic Safety and Licensing Board hereinafter*set forth are concerned with and limited to Applicant's request for the issuance of a provisional oper.ating license authorizing fuel loading and low-power testing of the Palisades Plant at power levels not to exceed one megawatt.

2. *On May 18, 1970 the Conunission entered a Notice of Hearing on the application of Consum~rs Power Company for a provisional operating license authorizing operation of the Palisades Plant at steady-state power levels up to and including 2200 megawatts thermal.

The Notice of Rearing contained the following provisions authorizing the Board to consider and act upon any request by Applicant for a provisional operating license for fuel loading and low-power testing: "While the matter of the full power license is pending before the atomic safety and licensing board, the board may, upon motion in writing and upon good "cause shown, consider and act upon such request as the applicant may make for a provisional operating license authorizing fuel loading and low power testing. Any such action by the atomic safety and licensing board shall be taken with due regard to the rights of all parties to the proceeding, in-cluding the right of any party _to be heard to the

extent th:a:t-. his contentions are relev'tl...nt to the activity to: be authorized. Prior to t.~ltlng axzy-such act*;'-~in, the atomic safety s.n.d 1*i.cen..s:ing board sh.<.i.ll, with respect to any contested activity to be authorized, ru.ak.e: a.p.propriate findings in the form of an initial decision on the issues specified in th.ta notice of hearing. 11 2

3.

In accor'dance with the foregoing :proviaiorui of the Notice of Hearing, Applicant.filed in this :proceediri..g on Jul;~{ 21~ 1970 a. written motion requesting the Board to s,uthorize the is:m.w.n.ce to Applicant of a.

provisional operating license authorizing fuel loading and low=power testing at :power levels not to exceed one mega.watt tb.erma,l (here:Ln.a.fter referred to as the 11interim provisional ox.iera..ting Ucense 11 ).

Pending the disposition of Applicant 1 s motion, evidence was 1*ec.ed.ved in the proceeding relating to matters relevant to the issue.nee of the interim provisional operating license.

4.

Pursuant to a settlement agreement and sti:pula.tion between Applicant and all Intewenors in this proceedil."'..g &.ted M'B..rch 12, 1971, which agreement and stipulation have been filed with the Boa.rd, Intervenors no longer contest, but now support, proilpt i2suance to Applicant of the requested interim provision.al operating lj_cense. Therefore, the fuel loading and low~power testing to be authorized by such license is no longer a 11contested activity" within the meaning of the abova-quoted provisions of the Notice of Hearing.

5.

Applican.t has submitted evidence "With respect to each of the numbered findings hereina~ter made by the Boa.rd in respect to the issuance of the interim provisional opera.ting lice.iJ.tH~. P,pplicant 1 s evidence includes, with respect to findings numbere-d ( 1) ~ ( 3) and ( 7) $ \\ .....,,._ - -. --.,..,.... *-r**r*.--*--~..... -... **--:-........,. -.,-..

those portions of tJ'< *.:.:::SAR relevant to the activities to be conducted under the license [Ar,plicant 's Exhibits 51 through 58, received in evidence at Tr. 1639J, together with supplementary testimony describing the testing program '[Tr. 889-895; 992-994; 1853; Applicant's Exhibits 59 through 62, received in evidence at Tr. 1855], the control of radio-activity which might be generated during testing operations [Tr. 896-898; 994-1000], the upper limits of radiological effects associated with the most severe accidents which might occur during the testing period [Tr. 906=921; 1004~1022; 1031~1032], and the power history [Tr. 4642] and the fission product inventory [Tr. 4644-4645] during the testing period, With respect to finding numbered (2), the evidence includes the entire FSAR [Applicant's Exhibits 4 through 11, *received . in ev-ldence at Tr. 1088], which describes both the deE:ign *of the Palisades facility and the quality assurance and testing program designed to assure conformance of the license application, as well a.s supporting testimony by Applicant's project engineer [Tr. 2110; 2126=2127; 2558; 26oo; 2634]. With respect to finding m.:unbered ( 4) ~ the evidence includes those portions of the Applicant's license application, including the FSAR, bearing on the technical and financial qualifications of the Applicant [Applicant's Exhibit 3, received in evidence at Tr. 1219; Applicant's EY.llibit 50, received in evidence at Tr. 1842; Applicant's Exhibits 51, 55 and 57; Applicant's Exhibit 63j received in evi.dence at Tr. 1796; and Applicant's Exhibit 64, received in evidence at Tr. 1800]. Additional evidence as to Applicant's financial qua.lif'ications

• ~--**~' 1 wa,s supplied by Apf1.:::icant' s chief financial a.'l.d accounting officers

.

• _(T:c. 1386-1402; 179ill:-18o2; 1812-1844].

With respect to finding numbered (5), the evidence includes the testimony of Applicant's Insurance Supervisor [Tr. 1271-1279] and Vice President for Fina.'l.ce [Tr. 1845-1848] and related documentary evidence [Applicant's Exhibits 3, 45, 46, 47} 48 and 66, received.in evidence at Tr. 1219> 1268, 1270, 1275, 1277 and 181+8, respectively] showing that Appli= cant has met the financial protection requirements required by the Atomic Energy Act and AEC regulations, With respect to finding numbered (6), Applicant's witnesses testified that the Plant was ready for fuel loading and low=power testing prior to the end of 4 August, 1970 [Tr.. 922-923; 1893-1891~; 1910; 1927; 2539; 2555; 2870-2871].

6.

Intervenors and Applicant have stipulated that the Board may, but solely for purposes of the interim *provisional operating license, accept Applicant's evidence as uncontroverted within the meaning of §VI(b) of Appendix A of the Commission's Rules of Practice and find that there is good cause for the issuance to Applicant of the interim provisional operating license, and the Board so finds, The Board further finds that Intervenors' and Applicant's stipulation is subject to the condition that (unless Applicant and Intervenors shall otherwise stipulate),in any hearing or reconvening of this proceeding to consider the issu~nce to Appli** cant of a license to operate the Palisades Plant at any power levels in ex~ cess of one thermal megawatt, Intervenors reserve the right to qontest all issues, substantive and procedural, with respect to Applicant's request for a license to operate the Palisades Plant at such the:rmal power levels,

including but not limited! to:,~ right to file motions to strike ev"idence hereafter filed in support 0Jf such request and any right of cross-examination, direct examination, argument, introduction of evidence or mot1.ons a.nd demands for, documents; and in any such hearing or :recon-vening of this proceeding to consider the issuance ~o Applice.nt of a li-cense to operate the Palisades Plant at any power levels in excess of one thermal megawatt, Intervenors shall not be bound by and shall be free to 5 challenge any findings of fact or conclusions of law made herein in connec-tion with or for the issuance of the testing liceusej and that solely for ~-,, purposes of any such hearing or reconvening of this proceeding, Applicant shaJ_l not object to Intervenors' treating, and Intervenors me.,y treat, such findings of fact and conclu.sions of law as if never proposed, made* i l* t .{' or entered.

7.

Based on the foregoing and the record of this proceeding, this Board concludes, with respect to the issuance of the interim pro~ visional operating license, that there is good cause for the issuance of said license to Applicant, and that: (1) Applicant has submitted to the Com.rnission all technical information required by Provisional Construction Fermi t No. CPPR*~2 5, the Act, a.nd the rules a..Yld regulations of the Connnission to complete the ap-plication f'or the interim provisional operating license; (2) Construction of the facility has proceeded, and there is reasonable assurance that it will be completed, in conformity with Provisj_onal Construction Permit No. CPPR~25, the application, as a.mended, the provisions of' the Act and the rules and reglll.ations of the Cornmission;

(3)

• There ::i:Js; reasonable assurar1ce that (i) the activities a.uthor.:t:zred by the interim provisional operating license can be C.l)nri!:ucted without endangering the health and safety.of tfre. public, an.d (ii) that such activities will be conducted:. in compliance with the rules and regulations of the Commission; l

(4) Applican~ is technically and financially qualified to engagd in the actiyities authorized by the interim provisional operating license in accordance with the rules and :regulations of the Commission; i i ( 5) Applicant. has.satisfied.the applicable provisions of 10 CFR Part 140,: 'Financial Protection Requirements and Indemnity Agreement~,* of the Commission's r~..gulations; (6) *There is reasonable assurance that the f'acility will be ready for*i.nitial loading with nuclear fuel within 90 days i'rom the issuance of the interim provisional operating license; and , (7) Issuance of the interim provisional operating license under the terms and conditions proposed w.Ul not be inimical to the cormnon defense and security or to the health and safety:oi' the public. The Board further finds and concludes that there sha.11 be reserved to Intervenors the rights, as hereinabove stated in paragraph 6, that Applicant and Intervenors have stipulated should be reserved to Interyenors. 6

8.

WHEREFORE, pursuant to the Ac*!; and the Conunission' s Regula-tions, IT IS ORDERED, that the Director of Regulation is authorized to issue to Consumers Power Company a provisional operating license au-thorizing fuel loading and low-power testing at a power leYel not to exceed one megawatt thermal, upon the following conditions: (1) Such license shall be substantially in the form of the proposed provisional operating license f1led herein by the AEC staff and distributed to the parties and con-sistent with this decision. ~. I \\

I .. I

• 1 I

- i i

• j i I i f I f

I ' I r I I I -I I . 7 (2),,B11*L-:l':; license shall be issued upon verification by the Connnission's Division of Compliance and a determination by the Director of Reactor Licensing that the Palisades Plant has been completed in conformity with Provisional Construction Permit No. CRPR~25, the application, the provisions of the Atomic EnergyAct:of 1954, as amended, and the Rules and. Regulations of the Commission, and is ready for f'ttel loading, and upon receipt by the: Director of Reactor Licensing of proof that AP.Plk:an-t has provided financial protection in the amoW1t required by the Commission's Regulations. I-T IS-FURTHER*ORDERED, in: a~cordai.'))ce with Section 2.764 of the Commission's Regulations, as amended effective January 19, 1971, that this Order shall become effective immediately upon its issuance subject to '(i) the review thereof and further decision by the Atomic Safety and Licensing Appeal . Boa.rd_upon exceptions filed by any party and (ii) such order as the Atomic Safety and Licensing Appe~l Board may enter upon such exceptions or upon its own motion within 45 days af'ter the issuance of' this Order. --,.~.J';-;ll._."r"",'""";- -*"":...;-.*;-T"r"\\-.:'.>fN',<<.~~*><-r,~,~-Y,.,'"<-. r.,."';:'"'""l*-;:~..l ~-,.,,~... ~ **,,-.,,_ ~

• r"'"'*-*-r.--- *,-1,...,....,.,......._._~ -~-
• -*-*~ *-

i

~!"""; "n~*.. <;~*** -, -: Agre,:>m*:.nt dated in March, 1971 between Consumers Power Company and Michig;:m Stcclhead a.11d Sa.lrnon FiShe.:rmen 1 s, Association, et al. In the Matter of I:~*-,illTITED STATES OF AMERICA A'TOMIC ENERGY COMMISSION / COI*JSUMERS POWER COMPA!'IJY ) ): ). (Palisades Plant)

• }'*

)i Docket No. 50-255 STIPUIATION BY:" AND BETWEEN ALL INTERVEUORS AND APPLICANT :nu SUPPORT OF 1',ULL-POWER LICENSE Applicant and Intervenors, by their respective undersigned attorneys, and subject to the terms and provisions of an Agreement be-tween Applicant and Intervenors dated the 12th day of March, 1971 (hereinafter called the "settlement agreement 11 ), hereby stipulate and agree as follows:

1. That this Stipulation shall be subject to withdrawal by the Applicant or the Intervenors in the event the Regulatory Staff of' the AEC fails, prior to the reconvening of this proceeding to consider the issuance to Applicant of the f'ull:..power license or any operating license.

other than the testing license, to file in this proceeding a form of' f'ull-power license, proposed to be issued to Applicant, containing the

• *.special technical specifications as part of the Technical Specifications for the Palisades Plant. As used in this Stipulation: the "full-power license" means a license to operate the Palisades Plant at steady-state power levels up to and including 2200 thermal megawatts; the "testing license" means a license authorizing fuel loading and low-power testing

\\

I

• -~~~--~,..,'*~*.......

of the Palisades Plant,~}:;:(.'::power levels not to exceed one therma.l mega-watt_; and the "special technical specifications" means the technical specifications in the form set fm~th in Exhibit A hereto.

2.

That Intervenors ha.ve heretofore contested.the issuance to Applicant of the f'ull-p.o:wer license; that in order to resolve their diffe_rences Applicant and ]htervenors have entered. into the -settlement agreement, a true copy* of wfl.+/-.ch has heretofore been filed in this pro~ ceeding; and that in a;ccoraance with the settlement agreement and this Stipulation, Intervenors no longer oppose and now SLl})port the prompt issuance to Applicant of the full-power license conta.ining the special technical specifications...

3.

That Appltcant requests that the special technical specifi-cations be included in: the f'ull~power license as part of the Technical Specifications for the Palisades Plant.

4.

That in support of the prOlllpt issuance to A:pplica..nt of the f'tlll-power license containing the special technical specifications, Intervenors: ( i) will not engage in a...rry further voil" dire exrunination, cross~exa.mination, or direct examination herein; (ii) will not make a.ny further argument~ obj~c-tions, offers of proof, motions or requests herein; -~_;--*,*-.;*'"*'".I'-~.'": ****<" "' *N** *; * ),"'"-,**~ **,* -,-_ '_. __, ** -.-- , r*,_, * *..--:.. * *-.,** ** 2

3 ( i:li) will no+/-'::'::iubm:t.t or file or seek leave to submit or f:ilJle* any pleading, evidence, ex-hibit or *othe:i~ document herein; and (iv) will not t:aili':e' any other action herein or I initiate ow* P,articipate in 8J1Y actions (incl~ding but not liniited to ad.niinis-trative remedies or court actions) dehors this proceeding.with respect to or in connection with-the testing license, or the f'ull-power license containing the special technical specifications, or the issuance of said_licenses, unless requested by Applicant in order to support the issuance to Appli-cant of the f'ull-power license containing the special technical specifica-tions, or unless directed or requested by the Atomic Safety and Licensi.ng Board (hereinafter called the "ASLB"), or unless permitted by the settle-ment agreement or this Stipulation.

5.

That in support of the prompt issuance to Applicant of the f'ull-power license containing the special technical specifications,

• Intervenors:

(i) withdraw all requests, demands and motions heretofore made by them in this proceeding; (ii} agree that the ASLB ma,y*accept the evidence of.the *Applicant and of the AEC Regulatory

,S.tr.r.f'L'..-a.nd;_ the conclusions of the Advlsory Cormrusttee on Reactor Safeguards in this pro-ceedriing as *i.mcontroverted within the meaning I i of.* §}n:(h) of' Appendix A of the.AEC 's RuJ_es of'P+/-actice; and (iii) consent. to the entry of findings of fact.and conc'i!2Tu~ions of law not inconsistent with the:'.' settlement agreement a,nd this Stipula= tion, including but not l:iltd ted to findings of fact and conclusions of law in favor of' Applicant on all issues specified in the Notice of Hearing of May 18~ 1970 in this proceeding on Applicant's application for a provisional operating license for the Palisades Plant as amended to include the modifications contemplated by the special technical specifications.

6.

That Applicant shall file in this proceeding proposed ..:findings of fact and conclusions of law and form of an initial decision not inconsistent with the terms and provisions of the settlement agree-ment and this Stipulation; and that the srune shall contain, inter alia, findings of fact and conclusions of law to the effect that: (i) Applicant has resolved to the satisfaction of the ASLB all evidentiary issues re= garding nuclear safety~ radiological protec~ tion,. quality control, safe operation of the Palisades Plant, and ell other factors material

5 to Appl:I.;,'.:'nrtt1s application f'or the full-power licens:e as: amended to include the mod.ifica-tions c*ont*emp1ated by the special technical specificati.ams; (ii) Intervenormi: shall be deemed to have withdrawn from tfuis prc-oceeding when the full-power license~ containing the special technical specifications has been issued to Applicant and the initial or final decison in this pro-ceeding has become the final action of the AEC without amendment of such license so as to remove or change the spedal technical

• specifications; and (iii) that the Intervenors will not lose or waive any rights reserved in the Stipulation heretofore filed herein by Applicant and Intervenors in support of the issuance of the testing license unless and until Intervenors are deemed to have f

I withdrawn from this proceeding as provided/in §6.7 of the settlement agreement and paragraph 8 ( ~ 1 [: ~ ' f; of this Stipulation. 'f ~ ~,. }

7.

That the ASLB should authorize and order the issuance to {.. ~ l* Applicant of the full-power license containing the special technical ~:. , specifications in accordance with the findings of fact and conclusions f* i~* of law contemplated by paragraph 6 of this Stipulation; and that the j:,_,, t.* L j:; \\ \\: r l \\ ;

• • • • .**-Jf !'

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• ~.:.:____:_~::...:.:::~=..:.::::..:..::_::.::_~_::.::.._:::.::...:::..:::..:*.:.:....:..::...:::.:.~*-~*~--~-~-*~-~-~-~-*~*-=*'"-~-~-=-~* -~,~***~*-*....;_~~~~--.;....;.;.=--
  • • --~---,.-~.-..

.......... -~*--.--,... ~--:.. ----.. - ,,*-~.....,..

6 ASLB's initial decision. cli:lirect:+/-ng the issuance of said full-power license, and-said full power Hc_enx,;;e. a<S-well, should become effective at the earliest time permittedirny-J?a:w and the rules and regulations of the AEC.

8.

That when. ((:L)i the full-power license has been issued to Applicant containing_;: the-~ s~ecial technical specifications and. (ii) the initial or final deciisiiG:m jjn this proceeding has become the fj~nal action of the AEC without *a.>neniline&t of the full-power license so as ifo re.move or change the specia:I t'echnical specifications, then Intervenors shall be deemed, with out f'urtner_ action on their part, to have withdrawn from this proceeding with prejj.ldice and without right thereafter (except as other-wise provided in the; aforesaid.. settlement agreement) to take any f'urther action in this proce.e.ding or otherwise in this Docket lfoo 50-255; or to take any action in any, ft.EC proceeding to extend, renew or convert the full-power license from a provisional to a final operating license or to amend the full-power license to authorize operation of the Palisades Plant at -any power level higher than that-authorized in the full-pmrer license; or to appeal or to stay the effectiveness of any or all decisionsj findings, orders or rulings theretofore or thereaf'ter made or entered in this pro-ceeding or otherwise in this Docket No. 50m255 or in any AEC proceeding to so extend, renew, convert or amend the full=power license.;- or to I initiate or participate in any actions (including but not limited to ad.- ministrative remedies or court actions) dehors this proceeding with re~ spect to or :Ln connection with the testing license or the full-power license or the issuance of said licenses. That~ upon such issuance of

-~.,;~. the f'ull-power license.containing the special technical specifications and the initial or final decision having become the final action of the I AEC, as aforesaid in (i) and (ii) of this paragraph 8, Intervenors shall also thereby be deemed to pave waived and forever relinquished any and all rights to take any legal action with respect to any alleged noncom~ pliance of the Palisades Plant, this proceeding or any decision in this proceeding, or the testing.license or the full-power license, with the '7 I National Environmental Policy Act, the Federal Water Pollution Control Act as amended, the Atomic Energy Act of 1951.; as amended~ the Federal Rivers and Harbors Act of !v'iarch 3, 1899 as amended, the Federa,l Clean Air Act as amended, or with any other federal, state or local statutes or ordinances and any rules, orde1*s and regulations of the A.EC or any other public official or agency under any of said Acts, statutes or ordinances.

9.

That if the aforesaid settlement agreement between Applicant . and Intervenors shall be terminated prior to the issuance of the full.. power license containing the special technical specifications~ this Stipulation shall be withdrawn from this proceeding and shall thereafter .be of no further force or effect.

10.

That when the Intervenors are deemed to have withdrawn from this proceeding, as provided in §6.7 in the settle.ment agreement and paragraph 8 of this Stipulation, then Intervenors no longer shall claim, assert or have the rights reserved by them pursuant to the \\

6 u Stipulation heretofore i1lecll herein by Applicant and Intervenors in sup-port of the issuance off th~ testing license and this Stipulation. Judd L. Bacon, Esq. Attorney for Applicant Consumers Power Company Myron M. Cherry, Esq. Attorney for all Intervenors except Sierra Club Lewis D. Drain, Esq. Attorney for Intervenor Sierra Club Dated: March 12, 1971 I

i.

- ---**-=--** -~--~----------------------

EXHIBIT A TO APPE.1'J1HX V SPECIAL TE{I;ffiifictiffi, S*E>EC:IFICATIONS PURSUA.NT TO AGREEMENT The license:e: (:iin: tb:GIB-e special technical specifications some-times called "Consumers* Pbwe.zrir-)i has entered into a settlement agreement cla"t;ed in March, 1971,: wiit:h tl're: parties who intervened in AEC Docket No. 50-255 prior to Decemb.eJt 12,, ]f9.,~' to contest the issuance of an oper~ ating license (in tb:e-s:e sp:e:c:i5aDJ. "t"echnical specifications sometimes called "Intervenors 11 ), purs.uarntt t-o wl!rdi.<:eD. agreement the li'censee is to modify the the Palisades Plant. The AEC is not a signatory to that agreement or to the stipulations entered into and filed in said Docket pursuant to that agreement, and is not bo.un:d in aey way by the provisions of such documents. Pursuant to saill.d' settlement agreement, the licensee has re-quested the inclusiorr oi' the following special technical specifica,tions respecting the modified condenser cooling system, the modified liquid radwaste system, operation pencl!-ng installation of modified systems, ~nd the licensee's reporting requirements. Consequently, the following special technical specifications shall, like other Palisades *Plant technical specifi-cations, be subject to enforcement by the A.EC; provided, however, that the inclusion of the following special technical specifications and their en~ forcement by th~ AEC shall be without prejudice to any position which the AEC may take, in any forum or proceeding or otherwise, a.s to its jurisdic-tion with respect to the nonradiological effects of production and utiliza-tion facilities or of source, byproduct and special nuclear materials. The following special technical specifications are a.dditiopal requirements to any other* ne.quirements of the Palisades Plant Technical

A-2 Specifications.. No, such c*(her requirements of' the Technical Specifications shall be effective to permit the licensee to :fail to comply with any require-ment of the followimg sp-ec:ial teclmical specifications 0 However, the li~ censee shall not be required: t:o: conifily with the following special technical specifications during the: time and to the extent that the licensee is re-lieved of obligation to comp*ly t-herewi th in accordance with their terms. As used in these spec::*+/-al technical specifications the term "Palisades Plant" means and refers to a single-unit nuclear electric generating plant and shall not be deemed to include any add.itionaJ.. e.lec*- tric generating units that may herea~er be installed at the Palisades Plant site. SECTION S CONDENSER COOLING SYS'I'EM MODIFICATION ~~~~~~~~--~~~~~~~~~~~-~- §S-1.1 Consumers Power shall modify the condenser cooling sys~ tem now installed in the Palisades Plant in the manner provided in these special tecl1nical specifications. The condenser cooling system as so modified (and in these special technical specifications called the "modi= fied condenser cooling system") shall be so designed, constructed, operated

t.

and :maintained as to form a closed cycle in which the condenser cooling water is continually recycled except for cooling system makeup water from and blowdown to Lake Michigan. The modified condenser cooling system shall include one o.r more wet-type cooling towers \\vhich may be of ei th.er the natural or the mechanical draft type, at Consumers Power's sole op-tion, provided, that Consumers Power's obligation shall be to install either the natural or the mechanical draft type ID1less it is relieved from installing both types after exhausting all rights of hearing, a.p-peal and requests for writ~ of certiorari to the highest state or

federal court hav".'~;,1g jhrisd..i.ction, as prov:i.ded in Section S-4 of these special technical specifications. Design and construction of the cooling tower or towers shalLc,o~forrn to the la test applicable Cooling Tower I Institute (CTI) codes and: standards applicable at the time of detailed design, except to the extent the same may be contrary to any applicable law or rule, regulation or order of any governmental body having Juris-diction. The blowdown shall be diluted with Lake water prior to discharge into 'the La.1\\:e so that the temperature of the mixed dilution wa;ter and blow~ down will not exceed the *Ew1oient temperature of* the receivin.g water at the shoreline by more than 5°F. The design heat rejection to Lake l'ldchigan as a result of this discharge shall be as low as practicable consistent with available equipment, operating requirements of the Palisades Plant and Consumers 'Power 1 s electrical system, design optimization, and other condenser cooling system design objectives, and will in no event exceed 500,000,000 BTU/hr. §S-1.2 The modified condenser cooling system shall be installed within forty-two (42) calendar months following the date of the aforesa~d settlement agreement if Consumers Power installs a natural draft cooling tower or towers as part of the modified condenser cooling system, or with"' in thirty-two ( 32) calendar months following the date of the a,foresaid settlement agreement if Consumers Power installs a mechanical draft cooling tower or towers as part of the modified condenser cooling systemo If, after Consumers Power has begun to arrange for the design, e)\\gineeringj procurement of equipment and materials~ and construction for a modified condenser cooling system utilizing either the mechanical draft or the ......,,,~,..,~....,--r-*~*.-*-r**~-- -~ ~,****.-... --~--. -~ *~.. ----*****~-*,.. ***-*-*-*** **-*~-~,-** --*-:*...-**...._., *--.*-~--,....., - -.- *****---***--* --

I A-4 natural draft type of c0o:t:::.. ~'(:'.* tower or towers, Consumers Power is relieved from installing or continuing to install the type of cooling tower or towers it first selects, and. :Lit: is necessary to change to the al terna ti ve type of cooling tower.or towers,. the time for installation of a modified condenser cooling systei11 utilizing the alternative type of cooling tower. or towers shall commence from the date on which Consume:rs Pm'f.er is relieved from in= stalling or continuing to install the type of cooling tower or towers first selected. The modified condenser cooling system shall be placed in opera-tion not later_ than the resumption of operation -'of -the Palisades P.lant after its first scheduled refueling fol.lowing installation of said system, pro-vided., that to the extent it can do so consistently with electrical sys~ tem load requirements, Palisades Plant operating requirements and applicable license and other legal limitations, Consumers Power shall use its best efforts to schedule the first re:t'ueling following insta.llation of the modi-fied condenser cooling system so as to minimize the tiille between the conr.ple= tion of such installation and the initia.l operation of the modified con~ denser cooling system. The foregoing provisions of this §s... i.2 are subject to the condition that in the event the installation or the initial operation of such modified condenser cooling system is delayed (i) by reason of :flood, strike, insurrection, riot, emba.rgo~ act of nature or the public enemy; or unavoidable delay in transportation or inability or una:voidable delay in procuring labor or materials; (ii) by rea,son of legal action, by any party other than Consumers Power or Intervenors; local, state or federal laws; or the rules, regulations, orders,* act.ions or feJ.lure to act of any public body or official purporting to exercise authority or control with

respect to installation o;r a;--,e:ation of the mod-1.fied condenser cooling system; or (iii).by reason 0f*any cause beyond the reasonable control of Consumers Power, the tim~ for perfonnance shall be extended (subject to the provisions of Section S-4 of these special technical s-:peci:fica.tions as respects [ii] above) for a time equal to the period of such delay.

• §S=l.3 Pending installation and operation of the* modified con~

denser cooling syst~~ provided for in this Section S-1, Constuners Power may operate the Palisades Plant at any power levels authorized by e.ny A.EC operating license issued t_o Consumers Power, utilizing the existing-once-through cooling system and releasing heated condenser cooling water to Lake Michigan. SECTION S~2 - LIQUID RP.DW:ASTE SYS'I'EM MODIFICATION §S-2.1 Consumers Power sha11 modify the liquid radwa.ste system now installed in the Palisades Plant in the manner provided 1n these special tecbn.ical specifications. The liquid rad.waste system as so modi-fied (and in these special technical specifications called the "modified liquid radwaste system") shall be so designed~ constructed~ operated and maintained that at all times under normal operating conditions, radio~ active materials in liquid discharges from the Palise,des Plant to Lake Michigan are reduced to essentially zero; providedy however, that radto~ active materi8.ls in laundry waste system discha,rges which can.not be treated in the dirty waste syste:.m of the modified liquid radwa.ste system without the possibility of impairing the f\\mction of' dirty waste system equipment may be released to Lal;:e Y.iichigan at levels which shall in no event exceed 25 picocuries per liter (2.5 X io-8 mici"Ocuries/cc) on an

I. annual average* basis; and: }\\:*ovided :further, that 11 essentially zero, 11 as used herein, sha.ll not be construed to preclude liquid discharges to Lake Michigan containing radioactive ~aterials at levels, as sampled at the re-cycle monitor tank before dilution, equivalent to or below then-current '1 Lake Michiga..ri background radioactivity levels, as monitored offshore from the Palisades Plant prior to such liquid discharges. As used in these special technical specifications "normal operating conditions" shall re.fer to operation of the Palisades Plant during or in connection with which there-exist no abnoYmal events or circumstances SUCh as (but not limited to) steam genera tor tube leak.ages, fire, or pipe breakage; and "abnormal operating conditions" shall refer to operation of the Palisa,des Plant during or in connection with which there enst a:ny such abnormal events or circwnstances. All radioactive materials removed f'rom l:i_quid wastes by the modified liquid radwaste system will be accumulated and. prepared for shipment in accordance with applicable rules, regulations and orders of goverrunenta.l authorities having jurisdiction and turned over to a carrier or carriers licensed by goverrunental authorities having jurisdic~ ti on for shipment to an authorized disposal a1*ea or areas. Consumers Power intends to be alert to, and to utilize to the extent it is practical to do so, means of minimizing the a.mount of la.un.a.ry waste that cannot be treated in the dirty waste system. §S-2.2 It is recognized that under abnormal operating concti-tions it may be illlJ?ossible or impractical to achieve essentialJ.y zero re~ lease of radioactive materials in liquid discharges from the Palisades Plant through operation of the modified liquid radwa.ste system.. Consumers

A=7 . Power shall so operate the.,:;:t:odified liqu.i.d ra.dwaste system as to ensure that radioactive materials in* liquid clischarges to Lake M.i.chigan resulting from abnormal operating.conditions do not exceed, on a g_uarterly average basis and on an individual isotopic analysis basis, ten percent (10%) of applicable 10 CFR Part 20 limits in effect as of December 1, 1970, and are reduced to essentially zero no later than si:h.'ty ( 6o) consecutive clays after the commencement of such releases resulting from abnormal operating conditions. Notwithstanding the fore~oing, however, delay beyond said sfxty (6o)- day period in the reduction of radioactive materials in such liquid discharges to essentially zero sha.11 be excused (subject to the

provisions of Section S-1~ of these special techn_i_cal specifications as respects [ii] below) to the extent it is (i) due to inability-to identify~

locate or repair the abnormal operating condition; or due to flood; strike; insurrection; riot; embargo; act of nature or the public enemy; or by reason of unavoidable delay in transportation or inability or unavoiclable delay in procuring labor or materials; (ii) due to legal action by* a party other than Consumers Power or Intervenors; local, state or federal laws; or the rules, regulations~ orders, actions or failure to act of any public body or official purporting to exercise authority or control with respect to such liquid discharges; or (iii) due to e.ny cause beyond the reasonable control of Consumers Power; provided, however, th11.t radioactive ro.a.terials in liquid discharges to Lake Micr.J.gan from the modified liquid radwaste system during a..lJ.Y such excused delay beyond said sixty (6o) day period shall not exceed_, on a quarterly avere,ge basLs and on an individuaJ.. iso-topic analysis basis, one percent (1%) of applicable 10 CFR Pa.rt 20 limits -**~-.. -***** *-**--*--;---..-.::"....,.,~--:-*-r.-..--::*-***,....-*-;.-:~~;-;;*r.. """.

A-8 in e:ffect as of December J:,:,*,1970; and provided further, however, tl:ia t Consumers Power shal:lil:~.rt'.2IJ-,:::';.tt~e promptly to correct abnormal oper.ating conditions which result in releases of radioactive materials in liquid discharges to Lake Michigi;m*::;:;i,om the modified liquid radwaste system at levels greater than essentially zero. §s~2.3 The mod~fied liquid radwaste system shall be installed and placed in operation n~ later' than the resum;Ption of operation of the Palisades Plant after its first scheduled refueling (which is expected to occur approximately seventeen [17] calendar months following the date of commencement of escalation to full power following issuance of the provi-sional opere.. ting license authorizing Consumers Power to operate the Palisades Plant at steady-state power levels up to and including 2200 thermal megawatts) or twenty-f'our (24) calend.a.r months follmring the date of the aforesaid settlement agreement, whichever occ*iirs first. The foregoing provisions of this §S-2.3 are subject to the condition that in the *event the installation or the initial. operation of such modified liquid radwaste system is delayed (i) by reason of flood; strike; insurrec-tion; riot; embargo; act of nature or the public enemy; or unavoidable delay in transportation or inability or unavoidable delay in procuring labor or materials; (ii) by reason of legal action by a party other than Consumers Power or Intervenors; local, state or federal laws; or the rules, regulations, orders, actions or failure to act of any public body or offim cial purporting to exercise authority or control with respect to installa-tion or operation of the modified liqu.id radwaste system; or (iii) by reason of any cause beyond the reasonable control of Consumers Power, the

_... ~---* time for performance shall be extended (subject to the provisions of Sec-tion S-4 of these speciaJl-'technical specf:fica.tions as respects [ii] above) for a time equal to the period of such delay. §S-2. 4 Pending installation and operation of the modified liquid radwaste system pursuant: to the schedule provided in §s.. 2.3 hereof, Consumers Power may operate the Palisades Plant at any power levels authorized by any AEC license issued to Consumers Power, utilizing the existing liquid rad= waste system; provided that ra.dioa,ctive materials in liquid discharges to and which do not exceed, on a quarterly average basis e.nd on an individual isotopic analysis basis, and based on the assuraptions used in Section 11 of Consl.LlJlers Power's Final Safety Ai1.alysis Report to the AEC.for the Palisades Plan.t as.a.mended to December i, 1970, (i) under normal or abnormal opera~ ting conditions as defined in §S-2.l hereof and assuming no failed f'uel, two percent (23) of applicable 10 CFR Part 20 limits in effect as of December 1, 1970; a..nd ( i_i) under normal or abnormal ope:i.*ating conditions as defined in §S~2.l hereof and assu..raing s~~e failed f'uel~ ten percent (10%) of applicable 10 CFR Part 20 limits in effect as of December 1, 1970. §s-2.5 In Hne 8 of subsection 3.9.13 of Section 3.9, "EFFLUENT RELEASE" of the Technical Specifications, add the following after "10 CFR 20": 11for gaseous releases, and within the limits for liquid releases specified in the special technical specifications included herein a.t the request of the licensee pursuant to a settlement agreement dated in March, 1971."

A*~lO g_gTION S-J -- RESERV~. §S-3. l Nothiri.g: in these special tect.!llical specifications sha,ll prevent Consumers Power from. taking a.ny steps or mea,sures in connection: with the design, const:c"U.et.+/-.on,. modification or operation. of" the modified condenser cooling system: and the modified liquid radwa.ste system which contemplate modifications*, proc;edures or modes of operation equal to or better, considering tfue, p.r0t;e.e:ti.on of the envirorunen*G, than the modifica-tions' procedures or n1ode:s of:* operation conteil1plated in these special technical specifications;;: prov:i'ded, however, that the foregoing provi= to install and operate. a mo&i~fied condenser cooling systa1fi having a.n open cycle system utilizing Lake Vdchigan wa.ter for once-through cooling or to install and operate a modified liq_uid radwaste system which wmiid release radioactivity to the environment a,t levels -above *those contemplated in Section S-2 of these special technical specifications under the condi=

• tions therein stated.

§S-3.2 The modifications, procedures and modes of operation contemplated in these special technical specif'ications for the Palisades Plant and any action taken by Consumers Power pursuant to said special technical specifications or the aforesaid settlement agreement of March, 1971 before or after the execution of said agreement shall not be deemed, construed, interpreted or claimed to be an admission that the same or any similar modifications, procedures or modes of operation are necessary or required at any other Consumers Power electric genera.ting plant. The obJJ.~ gations of Consumers Power under these special technical specif':!.cations and said agreement are limited to the Palisades Plant.

I SECTION S LEGAL. VALID.TTY §s~4.1 Power believes that compliance with any provision or provisions of these special technical specifications is con-trary to or prevented by*any local, state or federal law, or the rule, regulation, order, action or failure to act of any public body or of:ficial purporting to exerci.se authority w.i th respect thereto, or the order or decree of any court, then. Consumers Power shall pro~tly notify Inter~ venors thereof by telegrrun, telephone or other mea.ns and notify Inter-venors thereof in writing within ten (10) business days therea~er, stating the basi15 for such belief. In the event Inter-venors notify Consumers Power of thei~ agreement with such belief within thi.rty ( 30) calendar days after delivery of the aforesaid written notice by Consu.TJlers Power (and from the time of the aforesa,id '.telephonic, telegraphic or other means of notice by Consumers Power and untj_l the end of such thirty (30) day period whether or not such notification is given to Consum.e1~s Power by Intervenors) Consumers Power shall be relieved of arw obligation to comply with the provision or provisions in question and any and all other provisions of these special technical specifications which require compliance with said provision or provisions. However~ notwithstanding its release from obligation as provided in this §S=4.l, Consumers Power shall have the right, in its sole discretion, to compJ.y with or seek to comply with said provision or provisions. In the event Intervenors do not so notify Consumers Power within said thirty ( 30) driy period, then Consumers Power shall in good faith and with due diligence pursue ad-ministrative remedies or court actions (including appee.la or requests for writs of certiorari. to the highest state or federal court having

I A-12 jurisdiction), or boith, to. assert the validity of compliance with said provis"ion or provi si.ons a:nd/.or the invalicli ty or nnlawf'ulnesa of the law, rule, regula,tion, order, decree, action or failure to act that is the 'Subject of the aforesaid wri-tten notice by Consumers Power. §S-4.2 in the event of an unfavorable ruling or the inability l I to have the validity of the compliance with such provision or provisions (which are the subject o.f suit and/or proceeding as contemplated in §s..,4.1 hereof) upheld aftel' exhausting. all rights of hearing, appeal and requests for writs of certiorari to* the* highest state or federal court having juris- ~- ---------- -~-- --- -~ ---- diction, then Consumers Power wi]l forever be relieved of any obligation to comply with the provision or provisions in question anrl any and a.11 other provisions of these special technical specifications which require compliance with said provision or provisions. §S-4.3 While Consumers Power is pursuing the administrative remedies or court actions, or both, contemplated in §S~l~.1 hereof, Consumers Power may operate the Palisades Plant in any ma....'1.ner permitted by law; provided, however, that while Consumers Power is pursuing said administrative remedies or court actions, or both, it shall continue to comply with all of the provisions of these special tech.~ical specifica-tions except any provision or provisions (and any and all other provl~ sions which require compliance with said provision or :provisions) ~s to which (i) it is prevented from complying by a court order or decree or is prevented from complying by an order, notice or other action of any public *body or official having authority to enforce such order, notice or other action without resort to a court for enforcement; or (ii) it is 1;..ll.!"~~~1'.7?.'.~;-_;.~; -.__,.,_..,...~....,.,....;".-~,'.~*~-~~- --;-,,,__..*-~-.--..... --..-.. --:-;-~.-*-:-*-.--... t';w: ---*--; _..--:-":*--.... -......--.,..,....,..,. ~-~ *~~_,,........,. ***-.-~ -.--'.'~*** ~-.-*...-** -*.. '-.*, -** -*-**:*;-" -- *. ~-.* - *-* - -. ---***** --~.......,.~,... -- *;, - _-.. :--*n*,:<;*-*.*::.,.::;~_.*~;:-*-~..,_ ':':-;::-r.~!"'~->;"*..,- *-* _,....~-- - .. **** *'.*. **r**-. ~~,...................,,.,,.-.<,-.....

A-13 prevented from complying by the lack of any permit, license, consent or other authorization of any public. body or official which is required for continued compliance; or (iii) continued compliance would, in the reasonable opinion of legal counsel for Consumers Power, result in the violation of *any criminal law or criminal ordinance or the imposition of any criminal or civil fine, criminal or civil penalty, or criminal or ci vl.l

• forfeiture; or (iv) there has been entered a court order or decree or an order, notice or other action of a public body or offiCial which_j while not preventing compliance *with __ t_!i~~_e _ _fil)ecial -technical- -specificafionsoy-Consumers Power, would require shutdom:i of the Palisades Plai.!t or a reduction in the electri~

cal output of the Palisades Plant if Consumers Power continued to coraply there*.ri th. SECTION S:*2 -~ REPORTING REQ,UIREME1\\1TS §S-5.1 Add the following new item e. to subsection 6.6.1 of Section 6.6, 11PLA.i.'l\\/'"T REPORTING' REQUIREMENTS" of the Technical Specifications: "e. When a control rod or a pa.rt-length rod is misaligned as defined in 3.10.4.a. of these Technical Speci:fications or when a control rod is inoperable as defined in 3.10.4.b of these Technical Specifica~ tions. 11}}