ML19263C663
| ML19263C663 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 01/22/1979 |
| From: | Ziemann D Office of Nuclear Reactor Regulation |
| To: | Counsil W NORTHEAST NUCLEAR ENERGY CO. |
| References | |
| NUDOCS 7902280455 | |
| Download: ML19263C663 (4) | |
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5, January 22, 1979 Docket Nos. 50-245 50-336 50-423 Mr. W. G. Counsil, Vice President Nuclear Engineering and Operations Northeast Nuclear Energy Company P. O. Box 270 Hartford, Connecticut 06101
Dear Mr. Counsil:
RE: REFUEL OUTAGE BUILDING By letter dated October 25, 1978, you notified us of certain sale-and-leaseback arrangements you intended to enter into in order to finance the construction of a refuel outage building at the Millstone site.
Please provide the information requested in the enclosure to this letter in order that we can assess the legal implications relating to this matter.
Sincerely,
, i %:.~~
m Dennis L. Ziemann; Chief Operating Reactors Branch #2 Division of Operating Reactors
Enclosure:
Request for Additional Information cc w/ enclosure:
See next page 7902280455
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Mr. ';. G. Counsil January 22, 1979 w/ enclosure:
CC Willian H. Cuddy, Esquire Mr. Wardman K. Brooksbank, Manager Day, Berry & Howard Town of South Hadley Electric Counselors at Law Light Department One Constitution Plaza 85 Main Street Hartford, Connecticut 06103 South Hadley, Massachusetts 01075 Anthony Z. Roisman Mr. Ralph H. Wood Natural "esources Defense Council General Counsel 917 15th Street, N. W.
Public Service Company of Washington, D. C.
20005 New Hampshire 1000 Elm Street Northeast Nuclear Energy Conpany Manchester, New Hampshire 03101 ATTN:
Superintendent Millstone Plant John D. Fassett, Vice President
- p. O. Box 128 Tne United Illuminating Company WatErford, Connecticut 06385 80 Temple Street New Haven, Connecticut 06508 Mr. James R. Himmelwright Northeast Utilities Service Company P. O. Box 270 Hartford, Connecticut 06101 Nuclear Regulatory Commission, Region I Office of Inspection and Enforcement ATTN: John T. Shediosky 631 Park Avenue King of Prussia, Pennsylvania 19406 Waterford Public Library Rope Ferry Road, Route 156 Waterford, Connecticut 06385 Mr. John J. Korkosz, Manager City of Chicopee Electric Light Department 725 Front Street Chicopee, Massachusetts 01014 Mr. James E. Tribble Assistant to the President New England Electric System 20 Turnpike Road Westborough, Massachusetts 06508 Mr. Bruce R. Garlick Manager, Energy Supply Fitchburg Gas and Electric Light Company 655 Main Street Fitchburg, Massachusetts 01421
REQUEST FOR ADDITIONAL INT 0FF.ATION 1.
Provide a drawing showing the exact location within the exclusion area of the proposed refuel outage building (Suilding).
Indicate the manner of ingress and egress to and from the Building and state the area of land, relative to the total exclusion area, to be covered by the Ground Lease.
2.
Provide copies of the Sale and Leaseback Agree =ent, including but not limited to the Ground Lease, the Net Lease as well as any additional agree =ents as to rights of lenders to the Lessor.
High-light the portions of the agreements which you assert give the Licensees exclusive rights to use and possession of the land and Building.
3.
Describe in detail the approvals which must be obtained from the Connecticut Public Utilities Control Authority and the Securities and Exchange Commission, provide ise documents related to this matter which have been filed with these entities and indicate the current status of approvals frem these entities with regard to this =atter.
4.
a)
Although the Building is not a " utilization facility" (i.e.
nuclear reactor) within the literal =eaning of 10 CFR 9 50.l(b),
various Co= mission and Appeal Board rulings have, in certain instances, expanded the meaning of " utilization facility".
- See, e.g.,
Philadelphia Electric Co. (Peach Bottom Atomic Power Station, Units 2 5 3), 4 AEC 109,111-12 (1968) (nuclear reactor and associated equipment integral to operation of the reactor and having safety significance); Detroit Edison Co.
(Greenwood Energy Center, Units 2 & 3), ALAB-257., 8 AEC 936, 940-41 (1974) (for purposes of agency's environ = ental responsi-bilities, trans=ission lines built because of utilization facility can be considerec part of it).
Explain in detail why such expanded definitions of " utilization facility" do not apply to the proposed Building.
b)
Set forth any additional legal bases, other than that set forth in Section III.A. of the October 25, 1978 letter from Gerald Garfield to the NRC Staff, in support of your assertion that the Lassor need not become a licensee.
5.
Identify the byproduct materials that will b*e present in the Building.
Describe in detail the measures which will be taken to assure that
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source and special nuclear material will net be present in the Building.
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6.
Describe in detail how the Lessor's rights under the " normal reserva-tions contained in commercial leases" will be honored consistent with, and without violating, the Co= mission's regulations and the require-ments and provisions of the Millstone 1 and 2 Operating Licenses and the Millstone 3 Construction Permit.
Include in the answer a discussion of the Lessor's rights under applicable state law c.ad the bases for your assertion that the recitation in the agreements with regard to
" compliance with all applicable laws and regulations" will assure that the Lessor's rights (e.g. those rights which arise upon default by the Licensees) can be honored without violating provisions of the Atomic Energy Act, the Commission's regulations, or the terms of the Millstone Operating Licenses and Construction Permit.
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