ML19220A728
| ML19220A728 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/08/1969 |
| From: | Grant G FEDERAL POWER COMMISSION |
| To: | |
| Shared Package | |
| ML19220A724 | List: |
| References | |
| NUDOCS 7904240182 | |
| Download: ML19220A728 (14) | |
Text
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UNITED STATES OF AMERICA p.:;;K=.7
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LICENSE. (Major)
AMENDMENT - TRANS FER - JOINT USi"*" * -
Before Co==issi.....
N.
assikas, Chairman;
_. J. O'Connor, Jr.,
Carl E. Bagge, John A.
Carver, Jr., and Albert 3. Brooke, Jr.
Metropolitan Edisc.
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Proj ect No. 1888
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ORDER AMENDING LICENCE AND. APPROVING
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TRANSFER OF LICENSE (M1.JCR) AS AMENDED (Issued October 3, 1969)
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Metropolitan Edison Company (Met-Ed), licensee for Project No. 1838, anc York Haven Power Company (York Haven) filed an applicatien with the Ccmmissicn en January 26, 1965, as supple-mented March 25, 1962, August 16, 1968, and April 1, 1969, for artendment and tram &: of the license for the constructed York Haven Proj ect 2;o. 3899,leccted on the Susquehanna River in Pcunsylvanta.
Additi'nally, Mec-Ed seeks approval of the j oint use of proj ect lands and waters in connection with a proposed 840 ani nuclear generating plant.
The license for the proj ect was issued for a period effective January 1, 1938 and terminating June 30, 1970.
Public notice of the application h:is been given.
No protests have been received.
O.,e petition to intervene waz re: sived free the Borough of Chambersburg, Pennsylvania.
Since that petitien, which dia not su;2ast that grant ef the application he__in wculd adversely _ffect the public interect or those of the petitiener, appears to 'e directed to the pending relicensing c
proceeding and the stated objectives of the petitioner can, to the extent approprince,be accomplished therein, we hare by separate order granted petitioners the right to intervene in proceedings upon applicants ' application for a new license currently pending before the Com.nis s ion.
DC-23 790424 O lgy 63 157 684 9
s Project No. 1888 The proper: ' 2:ansaction between Met-Ed and York Haven would 221ude frem the license of Project No.
1888 that partson ef the project area known as Three Mile Island and Shelley'- Island required by Met-Ed for the construction, maintenance and operation of a proposed nuclear generating plant censisting initially of a 840 une nuclear unit; (2) transfer the license for Project No.
1888 as amended fren Met-Ed to York Haven and (3) provide for the joint use of project lands and waters.
The land on uhich the nuclear generating plant and certain related facilities' are to be constructed comprises about 130 acres and includes such portions of Three Mile Island and Shelley's Island now owned by Met-Ed as are generally embraced within a radius of 2,000 feet from the center of thc reactor building at the nuclear generating plant site.
Met-Ed proposes to transfer to York Haven the tangible and intangible property cons tituting Project Po. ISSS other than its f2e interect in lands upon which Met-Ed's nuclear plant end related facilities would be constructed.
Met-Ed, heuever, will grant flowage easements over these lands to York Haven, reserving to itself the right to build dikes or otherwise limit the flowage over the lands in order to assure the safety and feasibility of the nuclear generating plant.
Met-Ed prcposes to provide, in the instrument of conveyance by a covenant running with the land, that the use of such properties will not endanger health, create a nuisance or otherwise be inecmpatible with overall recreational use of Project No. 1888.
The licensee of Project No. 1388 would permit Met-Ed or any successive owner cf the nuclear station the joint use of project waters for make-up, normal and emergency cooling purposes and for the dilution and disposal of radicactive wastes (uithin limits prescribe: by the Atomic Energy Commission and other agencies having rority with respect to such dilution and disposal) prov:
c that the Lco 4C a.-
Proj ect no. 1583.
waters so used el.w..< - eturned to the river are under most condition: _'ia ?.._ rJ.
to the river at temperatures not in excess of river water temperature.
Important censiderations in such project use are the questions of thermal pollutien and radicactivity.
Met-Ed states that waste heat, under nor=21 cperating conditions, will be dissipated into the atmosphere by means of cooling tc.wers.
Water will be taken frcm the river (York Haven Pond) at the rate of 56 cfs.
The consunptive uce resultirq fro-evar.oraticn vill be about 23 cfs.
The.
av e ra r,e inflo. of record over a 7S year nericd into the York Haven ocnd was a proximately 35,000 cfs.
The exnected radicactivity upon release to the river, crior to dilution, will be ahcut cri-tenth th2t established by the Atomic Ener.zy Co.rnission cs the naximum nerniasible release.
While it appears that the crocosed operation of the initial 840 mw nuclear unit is intended to confern with State water quality standards as approved by the Secretary of the Interior, a study should be undertaken after the cor encemsnt of operations, to cetermine the actual effects of thermal discharge upon the reservoir, as well as upon dcwnstream areas and fish, wildlife and recreation rescurces and to include an evaluation of the adequacy of the presently prescribed Stace thermal discharge standard: as applied to this stretch of the Susquehanna River.
We shall hereinafter provide for such a study to be conducted by Licensee.
According to applicants, the estimcted consumptive use of approximately 23 cfs at York IIaven dam resulting frc=
the operaticn of the 840 ma nuclear unit would resule in an energy loss of about 130,000 kwh annually.
Applicants state that while there r:culd be no effect en depencable capacity at the York Haven plant, a reduction would result on the General Public Utilities' integrated system of about 3 kilowatts.
As the value of the power and energy loss would vary frca year to year, applicants have.es timated an average annual value, which they believe to be reasonable, of $500 per year payable to the Licensee.
ES 159
Project No. 1883.
The Departr. <;
_me Interior, in reporting on the application, stetet that since fish and wildlife, water quality and recreatf.on will be affected by the nucl' ear plant the Ccmmissic:
'culd retain jurisdiction over the area proposed to be_- :
usferred.
The Department recc== ends the insertion in th-
_ cense of the standard L Form con-ditions relating to ttsh and wildlife, water quality and recreation and the requirement for the filing of a proj ect recreatica plan to include development of the scuchern portien of Three Mile Island curside of the nuclear plant site and the use of a temporary bridge for access to that area for recreational purposes.
Licensee, whor: license for Project No. 1888 expires in 1970, does not have on file with this Cocaission a recrea-tional use plan for this project which designates areas set aside for recreation 1 use.
Because of the short period of time remaining in the license for Proj ect No. 1838 we are not requiring.r'n. filing of such a plan to be included in thic licens e.
Ecurrcr, we are including an Article 31 to bring lands wnich may be desirable for recreation into the proj ect boundary for such development.
The Department o f the A rmy, in reporting on the appli-cation, had no objection to the amendment and transfer of the licence.
The Pennsylvania Fish Ccamissicn, in coc=enting en the application, indicates that it does not cbject to the proposed transfer and amendment of license; heuefer, it seeks assurance that the nuclear plant will not reduce the ucefulness of the Susquehanna River for recreational pur-poses, and that Licensee w;11 cake available public access over its lands for recreational use of the river.
Applicants filed tracings of Exhibit K-1 and K-2 (FPC Nos. 1888-12 and 13) designating and describing the project boundary and showing the area of project 19.nds to be excluded frem the project.
Exhibit K-1 and K-2 are revisions of Exhibit K-1 (FPC No. 1858-3) and Enhibit K-2 (FPC No. ISS8-4), respectively, which are now part cc.$cg UsJ u
Project ilo. ISS3 of the licence. /cc _ sed Exhibit K-1 does not inc lude within the project stundary the southern partion of Three Mile Island and a temporary bridge providing access thereto, while Exhibit K-2 fails to show the rights of occupancy, to wit flowage rights, granted to York Haven by Met-Ed on lands in which Met-Ed has recained a fee interes t.
We shall hereinaf ter provide that York Haven file, for Commission approval, within six months of the issuance of this crder, revised Exhibit K showing the southern portion of Three "ile Island and the temperary bridge providing access thereto, as well cs those portions of Three Mile and Shelley's Islands on which York Haven has flowage rights.
The Cennission f i-d c,-
(1)
York Haven Power Company, the proposed transferee, is a corporacion organized under the laws of the State of Pennsylvania and has submitted satisfactory evidence of compliance witi.-the ccquirements of applicable state laws as nereseary far the operation of the proj ect.
(2)
Approval of the transfer upon compliance with the cenditiens cct forth herein, of the license for said proj ec t to the proposed transferee is consis tent with the public interest.
(3)
Public notice of the application has been given.
No protests have been received.
A petition to intervene has been granted in the proceeding upon an application for a new license in Project No. 1888.
(4)
It is apprcp.ria te and 1. the public interest to modify the license for Project No. 1838 as hereinafter provided.
(5)
Exhibit K-1 and K-2 (FPC Nos. 1883 -12 and -13 )
do not conform with the Commis'ston's rules and regulations and should be revised as hereinafter provided.
_ c,j - < C. 1-A.
s Proj ect Uo. 1888.
(6)
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.'r:he reservoir as a source of cooling water will result _..
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loss of power output from Project No.
1888.
However, sucw use will provide a substantial source of generating capacity to the system which will offset the project power loss and is in the interest cf ccmprehensive development of the waterway and the utilization of water resources of the region.
Therefore, it is in the public interest to permit the proposed use of project lands and waters by Met-Ed.
The Carnission cr_ders:
(A)
The transfer of the license, as amended herein, for Project No. 1888 frca Metropolitan Edison Company to York Haven Pouer Ccmpadv is hereby approved effective as of the effective cate of the conveyance of proj ect properties.
(B)
The authorization under Paragraph (A) above, is subject to:
(1g ths interpcration in the instrument of conveyance between Met-Ed and York Haven of a covenant running with the land providing that the use of proj ect land and waters by Met-Ed, and its successors or assigns, shall not endanger health, create a nuisance or otherwise be incompatible with overall recreational use cf Project No. ISSS; (2) the enecution of an agreement between Met-Ed and York Haven providing that:
(a) the use of project waters by Met-Ed, and its successors and assigns, shall conform with applicable Federal and State water quality s tandards cr with such water cuality s tandards as may be impos ed by the Ccamis sion upon Licensee for Project No. 1S08; (b) Met-Ed, and its successors or assigns, shall install appropriate screening devices at water intake structures within the, project as may be required in conformity with criteria es tablished by the Ccmmission af ter consultation with
%c ( -40A'
s Project No. 1888.
intere5 ce
-d ate a.:. Federal agencies, for the protection of fish life in Proj ect Mc.
1888; (c)
Met-F.d. and its successors cr assigns, in the construc.
and operation o.f its nuclear plant shall pre c..
siltation and pollution within the project in v.
formity with criteria established by the Ccmmissica for Project No. 1588; (d) Met-Ed, and its successors or assigns, shall not undertake the utili:Otion of additional proj ect lands cr water for any purpose in the absance of Com=issicn autherization to Licensee, permitting further joint use of project lands and waters; and (e) the use of prcj ect lands and waters by Met-Ed, and it:-successcrs or assigns, for the construc-tien of a nuclear generating plant, appurtenant facilities, and appropriate transmission facil-ities shall appropriately conforn to reccgnized guidelines co preserve and enhance aesthatic and relatad values; (3)
Sectica 9.3 of the Cc= mission Regulations under the Federal Power Act and to the further conditions that the nec investment in the project shall not be increased cv account of the transfer and that the tram:feree shall be subject to all of the nrovisions and 0:n-ditionc of the license and of the Act to the same extent as though it tere the orir,inal licensee for the croj ect,
C.C 4C7 Lo
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Proj ect No. 1553,
(C)
Tr.t epr:L.
..d trans feree shall, file with the Com-mission a conformed copy of the ins trumen; of cor.veyance of the project properties, and a conformed copy of :he agreement required by sub-paragraph (2) of paragraph (B) above, within 30 days of the date of their execation.
(D)
The License for Project No. 1888 is hereby modified to include the follcuing articles:
Article 25.
The Licens ee shall, for the conserva tion and development of fish and wildlife resources, construct, ma intain, and cpera te, or arrange for the construction, maintenance and operation of such facilities and comoly with such reasonable modifications c: the proj ec t structures and operation as may be ordered by t.aa Commission upon its own motion er upon the recommendation of the Secretary of the Interior or the Pennsylvania Fish Commission a f ter notice and opportunity for hearing and upcn findings based en subs tantial evidence that such facilities and modifications are necessary
,and desirable, reasonably consistent s.ith the primary purpose of the projec c, and consistent with the provisicas of the Act.
Article 26.
Whenever the United States shall desire, in ecnnecticn nr h the proj ec t, to construct fish and wildlife facilities or to improve the exis ting fish anf wildlife facil-ities at its con e:: pense, the Licensee shall permit the United States or its designated agency to use, free of cost, such of Licensee's lancs and interest in lands, rescrvoirs, Stater-ways and project works as may be reasonably recuired to complete such facilities or such improvements thereof.
In additica, af ter notice and cppcrtunity for hearina the Lt_ensee shall as modify the proj ect operation as cay be prescrib ad by the Cer-mission, reascnably consistent with tha primary purpose of the proj ec t, in order to permit the maintenance and cpera tion of the fish and vildlife facilities constructed or improved by the United. States under the previsionc of this article.
This article shall not be interpreted to place any c'aliga tion on the United States to construct or improve fish and wildlife facilities or to relieve the Licensea of any cbligation under this license.
US'184
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, ne ro ece no. Accv 9
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' shall construct, maintain and opera te or s ca _ _ :z_ n.g v the constructicn, maintenance and operation of such recrea tional facilities including modifica-tions theretc, such as access roads, wharves, launching ramps, beaches, picnic and camping areas, sanitary facilities and utilities and shall cc.: ply uith such reasonable modifica tions of the project s tructures and operations as may be prescribed hereaf ter by the Commission during the term of this license upon its own motion or upon the recommandation o f *be Secretary of the Interior or other interes tea Federal and S ta te agencies,
a f tur notica ana oppcrtunity for hearing and upon findings based upon su,cstantts; eviaence t,na t such tactlictes anc modt:Ica-tiens are nece ssary and desirable, and reasonably consis tent with the primary purpcse cf the proj ect.
Article 21 So far as is consistant with prcuer opera-tion o f the proj ect, the Licensee chall allow the public free access, to a reasonable extent, to proj ect waters cnd adjacent proj ec t lands orced by the Licensee for the purpcse of full public utilinaticn c f such lands and waters for na viga tion and recreational purposes, including fishtry and hunting, and shall aliou to a reasonable extent for such purposes the con-struction of access rocds, wharves, landings, and other facil-ities on its landr the occuc.ancv of which r av in ac. a, roPria te circumstances be subject to payment of rent to the Licensee in a reasonable a= cunt:
Provided, that the Licensee ma y reserve from public access, such particus of the proj ect waters, ad-jacent lands, and proj ect facilities as may be necessa ry for the protection of life, health, and property and "ro.-ieed further, that the Licensee's consent to the ccustruction of access roads, wharves, landings, and other facilities shall net, withou t its enprcss agreement, place upon the Licensee any obliga tica to cara truc t er maintain such facilities.
These facilities are in additicn to the facilities that the Licensee may ccustruct and maintain as required by the license.
Article 29.
The Licensee shall be respcusible for and shall taka reasonable measures to prevent soil erosion on lands adj acen t to the s tream and to prevent s tream silta tion.or pol-lution resulting from cons truction, cperatier or maintenance of the proj ec t.
The Commission upon request, or upon its own moticn, may order the Licensee to ccns truct and maintain such preven tive works to acccmplish thase purposes and to revegeta te exposed soil surface as the Ccmmission may find to be necesscry af ter L:. c 1c%
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Proj ec t No. IbC3.
notice and oppor: c.
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Article 30.
On the application of any person, a s s ocia tion,
corporation, Federal agencu S ta te or municipality, the Licensee shall, af ter notice and of,.crtunity for hearing, permit such reasonable use of its res t rc, irs cr other project properties, including works, lands an.
.ater rights, or parts thereof, as may be crdered by the Commission in the interest of ccm-prchensive developmenc cf the wate:. ray cr wa tert ays involved and the conserva tion and utiliza tion of t.a ter rescurces of the region, for wa ter suppiy for the purpose ~ of s team-elec tric, irriga tica, incus tria l, municipa l cr simila r uses.
The Licensee shall receive raa;onable ccmpensatien, at least full reimburse-for any damages o r enca ses which the j oint use causes ment him to incur, for use of ira reservoirs or other project properties or parts thereof for such purposes, any such compensa-tion to be fi:.ad by the Commission either by approval of an agreement between the Licensce and tha party or parties benefit-ing or af ter notice and opportunity fcr hearing.
Applicaticas shall coatsin informaticw c. sufficient detail to aff _2 a full understanding of the propcrad use, including satis factor /
evidence tha t the applicant possesses necessary wcter rights pursuan t to applicable qtate lat., or a showing of cause uhy such evidence ccnnct be concurrently submit:2d, and a s tate-ment as to the relationship of the proposed use to cny State municipal plans or crders which may have been adopted with respect to the use of such wa ters.
Article 31.
Licensee shall, within six mcnths frca the date of issuance of this ordar, file re /iscd Exhibit F and, for Ccemissica approval, rc/ised Exhibit K to shcu the inclusion in the project of the scuchern portion of Three Mile Island and a ten:pucary bridge theceto frca the left b c ' c f ek' Susc.uchanna River, both to be reserved for recreatiensi development and access, and of ficwage rights on those portions of Three Mile and Shelley Islands retained in fee by Metropolitan Edison Co=e-any for the construction, operation and maintenance of its prcposed nuclear genera ting plant.
Article 32.
Licensee shall finance a study of reasonable scope and duration to be conducted in cooperation with the Pennsylvania State Department of Health, Bureau of Sanitary Engineering, the Pennsylvania State Department of Forests and Waters, the pernsylvania Fish Commission, the Bureau of Sports Fisheries and '.lildi-fc cnd the Federal '..'ater ?~ollution Control Administrat'ica, Department of the Interior, to decern ne the degree and extene of heat icac mixing in the York paven gc, 4 e. %
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Proj ec t No. 1553 11 Reservoir and i:_
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upcn fish and wildlif2 resources before and af ter the cparit....;f the Met-Ed nuclear plant.
Plcns for such a s tudy including coopera tive agreements shall be filed with the Cc==ission for approval within three conths of the issuance of this order.
During the period of the study, interim reports shall be filed as may be required by the Ccm-mission.
Thereafter, results of the study and proposals for naintaining and enhancing water quality of the reservoir and dernstraca racers, and fish and uildlife rascurecs shall ha filed with the Cc mission as soon as p::s f21c, but in no event later than the tL e prescribed in tha by the Commission.
- tulv pian as approved Upon completion of -52 study, Licensee, a fter censultation with the apprcpriate S ;;3 ard Federal agencies, sns11 Take er cause to be made such reccanable modificaticns cf the in ta he and cutflow facilities anc shall cause to ba ;ade e.ciifications in the cathed of operation of the Mat-Ed n'.1
- a: plant in tha in teres t of pollution abarcccat for ther: cal or cther reasons,
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and the. utilization of_proj ect lands and waters fc? public benefit, all as may be ordered by the Federal P:..ac Ccm=issica upon request or upon its ;wn motion af ter notice and opportun-ity for hearing.
Licensee shall immediately advise the Cc mi sion o f rub-s tantial changes in the tempera ture or ccepc. itiet of the effluent or of any acvarse effacts of the hat-Ed nu:llar plant upon reservoir waters, dcuns tream waters, anc fisr an; uildlife resources and shall take such remedial ceticus cs ma;- be re-quired by the Commission af ter notica and cppertunity for hea r.in g.
Additionally, Licensee shall take or cause to ha takan all necessary steps to prevcet adverse affacts caused by the discharge of radioactive and other natorials into the resarvcir.
cc Aen Go
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Proj ect tio. 1638 (F.)
This c._m.r;.1 beccme final 30 days frca the date of its issuance unless applica tion fer rehearing shall be filed as provided in Sectica 313(a) of the Act, and fcilure to file such c.
application shall cons titute acceptance
^
c_ this order.
In ac?/.caeledgment of the acceptance of this order, it shall be sig..ed for the Applicano and returned to the Com.cission 'eithin 60 days frca the date of issuance of this order.
By. the Car.icsion.
( SEAL)
Gorden M. Grcnt, Secret u :.
L> ' a..k) '
Proj ec t ::c. 158G 13 -
IR TES TEIO. ~J _
._e owledgment of acceptance of all of the provisions, terns cnd conditicas of the foregoing order, York Haven Pcuer r. :any, this day of 1969,, ; caused its corporate aane to be signed hereto by its.
President, and its corporate scal to be cffixed hereto and attested by
,.its 3ecretary, pursurnt to a re:clutien of its Board of Directors duly adopted on the day of 1969, a certified copy of the record of which is attached hereto.
YORK EWE:i P0h R CC:2ANY By President Attest:
Secretcry (E::ecuted in quadruplicate)
- <.t ce Go a *-
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Prhj ect l'o.
143
.a IN TESTIMONY of its ackncwledgment of acceptance of all of the provisicas, terns and cenditions of the foregoing ctder, Metropciitan Edisen Cc=pany, this day of 1969, has caused its corporata name to be signed hereto by its Pr e s id en t, and its corporate seal to be affixid hereto and a ttested by
, its Secretary, pursuant to a resolutien of its Scard of Directors duly adepted on the day of
, 1969, a certified copy of the record of which is attached hereto.
FETROPOLITX.4 EDISCN CCM?Ah"f By President A ttes t:
Secretary (Executed in quadruplicate) orO
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