ML19309B123

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Response to NRC 800211 Order to Show Cause Re Revocation of License.Unit Has Been Shut Down Since October 1974.Plant Will Retire as Generating Unit Per Util 800226 Decision,But Will Remain as Support & Research Ctr.W/Certificate of Svc
ML19309B123
Person / Time
Site: Indian Point Entergy icon.png
Issue date: 03/12/1980
From: Zarakas P
CONSOLIDATED EDISON CO. OF NEW YORK, INC.
To:
NRC COMMISSION (OCM)
References
NUDOCS 8004030165
Download: ML19309B123 (8)


Text

,6 UNITED STATES OF A.lERICA MULCEAR REGULATORY COM:!ISSION In the Matter of

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CONSOLIDATED EDISON COMPANY

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Docket No. 50-3 OF NEW YORK, INC.

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(Indian Point Station, Unit No. 1) )

ANSWER OF CON EDISON TO ORDER TO SHOW CAUSE RESPECTING INDIAN POINT UNIT 1 DATED FEBRUARY ll, 1980 I.

On February 11, 1980, the Nuclear Regulatory Commission issued an Order to Consolidated Edison Company of New York, Inc.

(" Con Edison"), to show cause

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why:

(1) the operating authority provided in Provisional Operating License No. DPR-5, respecting Indian Point Unit No. 1 located in Buchanan, New York, should not be revoked; and (2) the Licensee should not submit within 120 days of said Order a plan pursuant to 10 CFR 50.82 to decommission Indian Point Unit 1.

The Commission stated the basis for the Order as follows:

"Since Unit 1 does not meet current opera-tional requirements and no plans exist for cringing it 8004030 /6 E

into compliance with current requirements, the useful life of Unit 1 as an operating nuclear power reactor is effectively at an end".

Pursuant to the Commission's regulations, 10 CFR 2.202, Con Edison hereby submits its Answer to the Order of February 11, 1980.

II.

ANSWERS TO ALLEGnIIONS 1.

Allegation:

Unit 1 does not meet current operational requirements.

Answer to Allegation:

Unit 1 does not, in its current condition, meet Commission requirements for reactor operation.

2.

Allegation:

No plans axist for bringing Unit 1 into compliance with current requirements.

Answer to Allegation:

Con Edison has no plans for bringing Unit 1 into compliance with current Commission requirements applicable to operating nuclear generating facilities.

Con Edison has decided to retire Indian Point Unit 1 from service ar a generating facility.

3.

Allegation:

The useful life of Unit 1 as an opera-ting nuclear power plant is ef fectively at an end. i.

' Answer to Allegation:

The useful life of Unit 1 as an operating nuclear power plant is effectively at an end.

The current status and Con Edison's present plans for using the facility for purposes other than the generation of electricity are described in Exhibit 1, attached.

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III.

CONSENT TO ENTRY OF AN APPROPRIATELY WORDED ORDER In its Show Cause Order of February 11, 1980, the Commission did not set forth the form and language of the Order it proposes to issue, revoking the authority provided in License DPR-3 to operate a nuclear power reactor pursuant to 10 CFR Part 50, and requiring the Licensee to submit a decommissioning plan for the ladian Point Station, Unit 1.

Con Edison hereby consents to the entry of an Order carrying out the intent described in the Show Cause Order, providing that Order continues Con Edison's authority to possess the Unit 1 facility and its contents and permits maintenance of the Unit's present retired status, as described in Exhibit 1.

License DPR-5 may not be revoked in toto until a substitute license has been issued authorizing possession of the retired facility k

pursuant to 10 CFR Part 50 and possession, use and transfer of source, by product and special nuclear materials pursuant to 10 CFR Parts 30, 40 and 70.

To achieve its intent, in its forthcoming Order the Commission should modify License DPR-5 to revoke authority to operate Indian Point 1 as a power reactor, continuing all ther conditions until an amended License with Technical Specifications appropriate to the facility in its retired state have been issued.

The Order should direct the Licensee to consult with the NRC Staff to develop the scope of information required and the schedule for submittal of the application for such amended License.

The Order should further direct the Licensee to submit, within 120 days or such additional time as may be granted for good cause shown, a decommis-sioning plan for the Unit 1 facility.

IV.

HEARING NOT REQUESTED PROVIDED APPROPRIATE ORDER IS ENTERED Provided the language of the Commission Order to be issued pursuant to the Show Cause Order of February 11, 1980, carries out the intent of that Order as under-stood by the Licensee, as discussed in part III., supra, Con Edison does not request a hearing on the issue set

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forth on page 5 of the Show Cauce Order dated Feoruary 11, 1980.

If the Com:aission's Order does not carry out the intent of the Show Cause Order as set forth in part III., supra, Con Edison reserves the right to contest the issuance of such Order and request a hearing on disputed issues.

V.

The statements contained in this Answer to the Commission's Show Cause Order dated February 11, 1980, are true to the best of my knowledge and belief.

A/

Peger Zarayss Vic G.esident CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

Licensee of Indian Point Unit 1 Sworn to before me this 12th day of March, 1980

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Notary P0blic

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Summary of Usage Plans, Indian Point Unit 1

4a ren 12, 1980 Current Status On February 26, 1980, Con Edison announced that it has decided to retire Indian Point Unit 1.

The Unit has been shut down since October 1974, with fuel removed from the reactor and stored in the spent fuel storage pool.

Substantial parts of the Indian Point Unit 1 facility are currently used in support of the operation of Units 2 and 3 and are necessary for that purpose.

In addition, since 1974 the unit has been used for government and industry-sponsored research and development programs of public and scientific benefit.

These programs do not require the operation of the nuclear reactor with fuel in the core; however, various plant equipment and systems are utilized.

Future Status Con Edison plans to continue the operation of Unit 1 facilities that are necessary to support the operation of Units 2 and 3.

The Unit 1 spent fuel, the radioactivity of which has decayed significantl'1 over more than five years since cessation of reactor operation, i

EXHIBIT 1 1

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will continue to be stored in the Unit 1 storage pool until appropriate off-site storage, reprocessing, or disposal facilities become available.

Other beneficial uses of Indian Point Unit 1 facilities will be explored, including a continuation of its use for appropriate research projects.

Decommissioning Plan In accordance with an Order of the URC's Director of Nuclear Reactor Regulation dated February 11, 1980, Con Edison will submit a plan for decommissioning Unit 1, consistent with the facility's future status described above.

Unit 1 presents no significant safety problem or public risk, particularly in view of the over five years of radioactive decay since its shutdown.

The Unit remains part of a licensed operating reactor complex with full required security, radiation protection, and technical support resources available.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

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CONSOLIDATED EDISON COMPANY

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Docket No. 50-3 OF NEW YORK, INC.

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(Indian Point Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that I have this l?th day of March, 1980 served the foregoing document entitled

" Answer of Con Edison to Order to Show Cause Respecting Indian Point Unit 1 Dated February 11, 1980" by mailing copies thereof, first class postage prepaid and properly addressed to the persons listed below:

Samuel Chilk, Secretary U.S.

Nuclear Regulatory Commission Washington, D.C.

20555 (original and 20 copies).

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ofce P.

Davis Attorney for Licensee J

Dated:

New York, New York March 12, 1980

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