ML19269C397
| ML19269C397 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 01/03/1979 |
| From: | Brenner L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Buck J, Mike Farrar, Rosenthal A NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 7902020055 | |
| Download: ML19269C397 (7) | |
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UNITED STATES y%
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NUCLEAR REGULATORY COMMisslON g
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January 3, 1979 Alan S. Rosenthal, Esq., Chairman Dr. John H. Buck Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 Michael C. Farrar, Esq.
Atomic Safety and Licensing f I SE Appeal Board 4
g U.S. Nuclear Regulatory Comission 9' f#g Washington, DC 20555 g\\@ 7 q
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In the Matter of v N' **
Public Service Company of New Hampshire, et al.
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' -Q' q' (Seabrook Station, Units 1 and 2) y Docket Nos. 50-443, 50-444 g
Gentlemen:
Enclosed is an Errata to the NRC Staff's Seabrook Alternative Site Study testimony.
The Staff's testimony did not consider institutional barriers to siting
. at any of the alternate site locations.
This was because such factors
. were planned to be considered for a site only if a finding of "obviously superior" appeared justified for that alternate site (Staff testimony, at II-19), and the Staff has concluded that there are no such sites.
Notwithstanding the Staff's decision to not rely on institutional factors, we wish to inform the Board of a Maine statute enacted in 1977, denoted as 35 MSRA (Maine Statutes Revised Annotated) 62311, which in its entirety sets forth the following:
52311.
Powers of foreign electric company One or more foreign electric companies may construct, purchase, own, control, operate, manage, mortgage, lease, sell, dispose of, or otherwise participate in a utility facility, or interest therein, or the product or service therefrom, within this State in comon or jointly with one or more domestic electric companies owning in the aggregate not less than a majority interest in such utility facility, provided that nothing herein shall be construed to authorize such a foreign electric company to sell electric energy at retail to customers located 7902020055
The parties to the proceeding are aware of this Maine statute. The statute would appear to prohibit the location of the Seabrook units at the Phillips Cove site since the present ownership interests of Maine electric companies aggregate well under a majority interest. However, it is the Staff's view that the statute could not be so simplistically raised as a barrier because it is arguably possible that creative ownership arrangements could be utilized which would allow the location of the Seabrook facility in Maine in compliance with the statute.
For example, the Maine statute does not appear to restrict formation of the arguably reasonable device of a joint venture among the Seabrook owners in the form of a domestic Maine company.
No party has indicated it will raise the statute as an institutional barrier in connection with the alternate site issues remaining in this proceeding.
Before the Maine statute could be relied upon as a barrier to the Phillips Cove site, it is the Staff's view that the Applicants' would have to establish as a factual matter that the statute would actually be a barrier to reasonable ownership arrangements.
Sincerely, r.
It-KJ DfL,. cfm v a
Law,rence Brenner Counsel for NRC Staff Enclosure As Stated
.cc w/ enc 1:
Ivan W. Smith, Esq.
Joseph F. Tubridy, Esq.
Dr. Marvin M. Mann Dr. Ernest 0. Salo Dr. Kenneth A. McCollom Robert A. Backus, Esq, Thomas G. Dignan, Jr., Esq.
John A. Ritsher, Esq.
Norman Ross, Esq.
E. Tupper Kinder, Esq.
Laurie Burt, Esq.
Karin P. Sheldon, Esq, Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Docketing and Service Section 9
ERRATA NRC Staff Testimony Related to Alternate Sites to Seabrook Units 1 and 2 Part I Page I-3 Line 8.
Delete "or" Vart II Page II-9 Last paragraph, line 10, Delete "not obviously superior".
Part III Page A-9 In the Second paragraph, third line, change "These to "The" Page A-25 Parag'raph 2 line 7 "N2-3 miles" should read "about 2-3 miles" Page A-33 Land Requirements: Add "The staff's description of the Seabrook transmission line requirements, including both new and parallel rights-of-way, are presented in Table 4.4 of the Final Environmental Statement.1 There will be approximately 648 acres of new right-of-way and 643 acres of combined right-of-way."
Page A-38 Paragraph 1 line 3, close parentheses after " paragraph 62" Page A-47 Reference 4.
Add "p.
I-1-17."
Page A-69 No. 5 Second sentence under comments for Majors Rock should read "The view is typical of those seen from South Seabrook as the viewer travels toward the beaches."
Page A-70 No. 8 and 9.
Vantage Point 8 should be changed to read "U.S.1 in vicinity of Seabrook Station (No photo)." Vantage Point 9 should be changed to read "U.S.1 in vicinity of shopping center" also, under this vantage point, the comment on station visibility should read "Approxicately 320 feet of the NDCT's would be visible."
Page B22 Last paragraph line 1 Change " totally" to " totalling" Page C-1 In the third paragraph, last line, change "3" to "11".
Page C-16 In the third paragraph, second line, add "of" after the word
" classification."
2 Page C-39 No. 4. Line 2, change " soil," to real " soil ;n Page C-52 Delete reference 3.
Page D-1 In the second paragraph, second line, correct spelling of
" condenser".
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Errata.
Page D-7 In the second paragraph, next to last line. "lo U.S.A." should b e " (10 V. S. A. ".
Page D-10 In the second paragraph, third to last line, "(see also section 3)"
should be "(see also section 4)."
Page D-ll The citation for reference 86 should read Environmental Report, Construction Permit Stage, New England Nuclear Power Plant Units 1 and 2, New England Power Company, 1976).
D-19 Figure 3, shows Moore Pond site in its previous location; See Figure 1 on page D-3 for proper location.
Page D-27, (1),d, line 6,, delete " plants", replace with " facilities".
Page D-59 Under comments for vantage point 1 the sentence should read as follows: "Although the NDCT's and plumes would break the existing mountain ridge line...."
Pais E-9 In the first paragraph, fourth line, change reference citation superscript "9" to "11".
Page E-9 In the first paragraph, fif th line, correct the spelling of "Berline_".
Page E-ll In the second paragraph, fifth line, correct the spelling of
" saturation".
"Page E-14 Change the number of the reference, Wild, Senic and Recreational Rivers for New Hampshire from "9" to "11".
Page E-15 Paragraph 2, line 12, "run of the river segments" to "run-of-the-river segments".
Page F-23 (b), 2nd paragraph, line 8, delete "new".
Page r 23 (b), 2nd paragraph, line 9, delete "3000," replace with 2900.
Page F-24, line 2, Figures 1-10."
Page F-69, (5), line 2, delete (3020 acres), replace with (2900 acres).
Page G-1, In the second paragraph, third line, correct the spelling of
" condenser".
Page G-1 In the third paragraph, fifth line, change "an" to "a".
Page G-8 In the first paragraph, next to last line, change "these" to "those".
Errata.
Page G-10 Last line change " composed" to " compared".
Page G-12 Paragraph :1, line 4, "a conservation" to "a conversation".
Page G-15 Paragraph 3, last line, "The Plymouth Site is..." to "The Pilgrim site is..."
Page G-16 Paragraph 3, line 3, "during later summer..." to "during la te s ummer... "
Page G-25, (1), c, "part of".
Page G-26, (F), last line, "...are met."O Page G-27, Paragraph 2 line 11 change " West Pole" to " West Walpole."
page G-32, 3rd paragraph, line 5, " towers".
Page G-57 Fourth paragraph, fourth sentence, insert " partially" between "be" and " obstructed".
Page G-28 First paragraph, second sentence, insert "fn11y" uetween "be" and " visible".
Page H-9, In the third paragraph, next to last line, delete the word
" Appendix" and replace with " Massachusetts Water Quality Standard ".
Page H-ll, In the second paragraph, fifteenth line, change "as" to "and".
Page H-36, (d), line 3, should read " immature scrub oak-pitch pine forests".
Page I-1, paragraph 4, line 4, "The American Osprey, a State endangered species..."
Page I-3 Paragraph 2, line 4, Delete "three" insert "four".
Page I-7, In the second paragraph, add "(Connecticut General Statues, Sections24-54e)" to the end of the last line.
Page I-17, Paragraph 1, line 2, Change "indeterminante" to "undeterminate" Page I-17, Paragraph 2, line 4, Change "in Jordan Cove of the Niantic River" to "in Jordan Cove'and the Niantic River".
Page I-75, Paragraph 3, line 3, Delete " recreation and".
Page IV-23, Paragraph 6, line 4, Delete " alive", <asert " aloft".
Page IV-28, Paragraph 3, line 2, Change " Tables 6 through 8" to read
" Tables 6 and 8."
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Errata.
Page IV-30, Paragraph 3, line 4, Change " White House'! t > read " White Horse".
Page IV-30, Paragraph 3, line 7, insert comma after "8%".
Page IV-32, Paragraph 4, line 1, Change "The clusters" to read "Two clusters".
Page IV-42, Reference 2, Change " Cooling Power" to read " Cooling Towers, Power,".
Page IV-42, Reference 3, Change "p. 112" to read "112 pp".
Page IV-43, Reference 16, Change "reivew" to " review".
Page IV-43, Reference 18, line 1, Change " Fire" to "Five".'
Line 2, Delete "Five Parts plus NUREG 0001-ES" the second time it appears.
Page IV-44, Reference 19, line 3, Delete Reference 13---to end of line.
Insert " Proceedings of the Conference on Waste Heat Management and Utilization. University of Miami, Coral Gables Florida, May 1977."
Page IV-44, Reference 24, line 1, Change "H.F. Orydce" to "H. Fordyce".
Page IV-45, Reference 31, line 1, Insert "of" after " aspects".
Page IV-47, Reference 50, line 1, Delete "in reference 27-
" to end of line. Insert "J. Air Poll. Cont. Assoc. p. 140-142, 1977','.
Page IV-47, Reference 51, lines 1 and 2, Delete "in Reference 14-- " to end of line.
Insert "in Environmental Effects of Atmospheric Heat / Moisture Releases. Amer Soc Mech Eng. NY 117 pp, May 1978."
Part V Page V-2, Last sentence of footnote substitute "those" for " reasonable" and add "that were desctibed in section III above." at the end of the sentence.
Page V-2, Last two lines on the page are not part of the footnote and belong at the top of the next page.
Page V-3, Last sentence of footnote insert "in" af ter the word " adjustment".
Page V-7, Last sentence of third paragraph "PHL" should be "PNL".
Page V-11, Moore Pond Operating Penalty should be 60, Pilgrim total should be 5720, Montague total should be 5630.
Page V-12, First two paragraphs should be dcuble spaced.
Errata.
Page V-23, First line on page, " options" should be " option".
Appendix A Page A-2, Paragraph 5, line 2, while at night th_...
should be...while at night the....
Page A-2, Paragraph 5, line 3, Delete " return".
Page A-2, Paragraph 8, line 2, Correct line to read " greater than at Seabrook. Litchfield would experience".
Add following references to end of Appendix A:
John L. Baldwin, " Climates of the United States" - NOAA, Washington, DC, 1974.
Monthly Normals of Temperature, Precipitation and Heating and Cooling Days 1941-1970, "New England". National Climatic Center, Asheville, NC, 1973.
Munn, R.
E., " Descriptive Micrometeorology", Academic Press, New York, 1966, 245 pp.
Hanna, S. R., and Pell, J., editors, " Cooling Tower Environment - 1974, CONF 740302 USERDA, NTIS, Springfield, VA.
Appendix B "Page B-49, Paragraph 1, line 2, Delete "two", Change " ways" to "way".
Page B-49, Paragraph 2, line 1, Sentence should begin, "There are tables...."
Page B-50, Paragraph 1, line 1, Delete "second" insert other".
Page B-72, Figure 14 right. Delete "Hanna-Slawson" in title, Insert ANL HYBRID.
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