ML19282B567
| ML19282B567 | |
| Person / Time | |
|---|---|
| Site: | Trojan File:Portland General Electric icon.png |
| Issue date: | 10/25/1978 |
| From: | Nepom D NEPOM & ROSS |
| To: | |
| References | |
| NUDOCS 7903150390 | |
| Download: ML19282B567 (3) | |
Text
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NUCLEAR REGULATORY Com1ISSION 3
Before the Atomic Safety & Licensing Board 3
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IN THE MATTER OF
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) NO. 50.344 5
PORTLAND GENERAL ELECTRIC CO. et al ) (Control Building'.
s (Trojan Nuclear Power Plant)
) LIliITED APPEARANCE 7
The owners and operators of the Trojan nuclear power 8
plant are applying for an interir. permit allowing the plant to 9
operate while necessary repairs are being made to the control 10 room tc, anable it to withstand earthquakes as per federal i 11 standards and while other repairs are made bringing the plant 12 to safety standards.
13 No environmental impact statement has been prepared
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14 in conjunction with this application for interim operation.
That 15 the proposed present operation of Trojan is labelled " interim" 18 pending repair of its facilities does not climinate the gh17 necessity of an environmental impact statement.
Louisiana RU*M
$3=5 I8 Power & Light Co. v. P.P.C., 557 P. 2d 1122 (5th Cir.1977).
- 2 h4 19 10 c.r.R. 50.36 provides that each applicant for
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_93 a licen;e authorizing operation of a utilization facility
~a 21 (defined as any nuclear reactor other than one designed or used 22 primarily for the formation of plutonium or U-233) shall propose 23 in its application certain " technical specifications".
" Tech-24 nipal specifications" include the following:
.a 25 co so. 36 (c) (1) (1) (A) Safety limits for nuclear reactors cA are limits upon important process variables which 1 7
26 9
are found to be necessary to reasonably protect the
$y integrity of certain of the physical barriers which U
guard against the uncontrolled release of radioactiv-f ity.
If any safety limit is exceeded, the_ reactor 28 O
shall be shut dcwn.
. Operation shall not be resumed
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l until authorized by the Comnission.
2 (2)
Liraiting conditions for operation are the lowest functional capability or performance levels of 3
equipment required for safe operation of the facility.
When a limiting condition for_ operation of a nuclear 4
reactor is not met, _the licensee sha_1_1 shut down the reactor or follow any remedial action permitted by the 5
technical. specification until the_ condition can be met.
(emphasis added)
The original operating license' of the Trojan' facility set certain technical specifications which were found to conform g
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10 technical, specifications as set by the license must be met or the plant shut down; they make no provision for interim operatio while a plant is being repaired to meet its technical specificati e
Therefore, P.G.E. apparently now is asking for an amendment to 14 its operating license, to change its technical specifications and redefine certain safety limits and limiting conditions for operation.
The federal regulations confirm that an environmental 18 irpact statement is appropriate in this case.
Technical 19 specifications may be amended as per 50.36 (d) (3) : '
g At the initiative of the Commission or the
' 21 licensee, any license may be amended to include-gh 22 technical specifications of the scope and a 5%
content which would be required if a new license d3 0
were being issued.
(emphasis added) e 42 23 ENo$
ggg24 An application for new license for a nuclear reactor
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25 must be accompanied by an environmental impact statement.
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28 C. F. R.
50.20(f); 51.5 et seg.
Any original environmental impact U
statement must have considered the technical specifications 28
. proposed for the~ original license', and not the current condition
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I I ! of the plant in which it now proposes to operate.
If Trojan wer 2
allowed to operate now in its current condition in violation 3
of the standards of its own license, this would constitute 4
a major Federal action significantly affecting the quality 5
of the environment, so that an environmental impact statement 6
is required.
A revision in a project, as well as the 7
initiation of the project, will require an environmental impact 8
statement where the revision significantly affects the quality o I
the environment.
Scientists' Institute for Public Information, 10 Inc., v. Atomic Enerev comission, 481 F. 2d 1079 (C.C.A. 1973) 11 (at p. 10 88 and footnoto 33).
12 Dated:
October 25, 1978, 13 submitted by:
14 b n-.Y Sk.n ~
15 Doreen L.
Nepom 10 Attorney at Law 1935 S.E.
hashington Milwaukie, OR. 97222 g
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