ML19317F264
| ML19317F264 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 07/19/1974 |
| From: | Anthony Giambusso US ATOMIC ENERGY COMMISSION (AEC) |
| To: | |
| Shared Package | |
| ML19317F253 | List: |
| References | |
| NUDOCS 8001090601 | |
| Download: ML19317F264 (9) | |
Text
g V
p u t e,*g, UNITED STATES E j,5. 2 S ATOMIC ENERGY COMMISSION WASHINGTON. D.C.
20545 DUKE POWER COMPANY (Oconee Nucicar Station, Unit 3) i DOCKET NO. 50-287 j
FACILITY OPERATING LICENSE License No. DPR-5$
l The Atomic Energy Commission (the Commission) having found that:
{
a.
The application for license filed by Duke Power Company (the licensee) complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regula-tions set forth in 10 CFR Chapter I and all required notifications to other agencies or bodies have been duly made; b.
Construction of the Oconee Nuclear Station, Unit 3 (the facility) has been substantially completed in conformity with Construction Permit No. CPPR-35 and the application, as amended, the provisions of the Act and the rules and regulations of the Commission; c.
The facility will operate in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission; d.
There is reasonable assurance: (i) that the activities authorized by this operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the rules and regulations of the Commission; e.
The licensee is technically and financially qualified to engage in the activities authorized by this operating license in accordance with the rules and regulations of the Commission; f.
The licensee has satsified the applicable provisions of 10 CFR Part 140,
" Financial Protection Requirements and Indemnity Agreements", of the Commission's regulations; g.
The issuance of this operating license will not be inimical to the common defense and security or the health and safety of the public; h.
After weighing the environmental, economic, technical, and other benefits of the facility against environmental costs and considering availabic alternatives, the issuance of Facility Operating License No.
DPR-55 (subject to the conditions for protection of the environment.
88 1090fM
as set forth herein) is in accordance with 10 CFR Part 50, Appendix D, l
of the Commission's regulations and all applicable requirements of said Appendix D have been satisfied; Pursuant to Section 105c(8) of the Act, the Commission has consulted i.
with the Attorney General regarding the issuance of ibis operating license.
After said consultation, the Commission has determined that the issuance of this license, subject to the conditions set forth in this subparagraph i, in advance of consideration of and findings with respect to matters covered in Section 105c of the Act, is necessary in the public interest At the to avoid unnecessary delay in the operation of the facility.
time this operating license is being issued an antitrust proceeding has The been noticed but antitrust hearings have not been concluded.
Commission, accordingly, has made no determination with respect to matters covered in Section 105c of the Act, except to the extent of the i
conditions noted herein which the Atomic Safety Licensing Board has ordered be included herein after said conditions were negotiated and agreed to by the applicant, the Department of Justice, and the Regulatory staff. On the basis of its findings made as a result of the conclusion of the antitrust proceeding, the Commission may continue this license as issued, rescind this license or amend this license to include such additional conditions as the Commission deems appropriate.
Duke Power Company and others who may be affected hereby are accordingly on notice that the granting of this license is without prejudice to any subsequent licensing action, including the imposition of additional appropriate conditions, which may be taken by the Commission as a result of the outcome of any antitrust proceeding.
In the course of. its planning and other activities, Duke Power Company will be expected to conduct itself accordingly; and The receipt, possession, and use of source, byproduct and special j.
nuclear material as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Part 30, 40 and 70, including 10 CFR Seetion 30. 33, 40. 32, 70. 23 and 70. 31.
Facility Operating License No. DPR-55 is hereby issued to the Duke Power Company (the licensee) to read as follows:
This license applies to the Oconee Nuclear Station, Unit 3, a pressurized 1.
water reactor and associated equipment (the facility), owned by the Duke Power Company. The facility is located in eastern Oconee County, about eight miles northeast of Seneca, South Carolina, and is described in the
" Final Safety Analysis Report" as supplemented and amended (Amendments 1 through 47) and the Environmental lieport as supplemented and amended (Supplement 1).
2.
Subject to the conditons and requirements incorporated herein, the Commission hereby licenses Duke Power Company (the licensee):
A.
Pursuant to Section 104b of the Act and 10 CFR Part 50, " Licensing of Production and Utilization Facilities", to possess, use, and operate the facility at the designated location on the Oconee Nuclear Station site in accordance with the procedures and limitations set forth in this license; B.
Pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use at any time any byproduct, source and special nuclear material as reactor fuel, sealed neutron sources for reactor startup, scaled sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required for reacto" operation; C.
Pursuant to the Act and 10 CFR Part 30 to receive, possess and use l
at any time 100 millicuries each of any byproduct material without restriction to chemical or physical form, for sample analysis or instrument calibration; D.
Pursuant to the Act and 10 CFR Parts 40 and 70 to receive, possess and use at any time 100 milligrams each of any source of special nuclear material without restriction to chemical or physical form, for sample analysis or instrument calibration; and i
E.
Pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.
i 3.
This license shall be deemed to contain and is subject to the conditions specified in the following Commission regulations in 10 CFR Chapter I:
Part 20, Section 30,3G of Part 30, Section 40.41 of Part 40, Sections 50.54 and 50.59 of Part 50, and Section 70.32 of Part 70; is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:
A.
Maximum Power Level The licensee is authorized to operate the facility at steady state reactor core power levels not in excess of 2568 megawatts thermal.
B.
Technical Specifications The Technical Specifications contained in Appendices A and B attached hereto are hereby incorporated in this license. The licensee shall-operate the facility in accordance with the Technical Specifications.
C.
This license is subject to the following additional conditions for the protection of the environment:
e
- 1.
The licensee shall accumulate information required to establish baselines for the evaluation of thermal, chemical and radio-logical effects of station operation on terrestrial biota and aquatic biota in Lakes Keowee and Hartwell.
2 The licensee shall develop and implement a comprehensive monitoring program that will permit surveillance during plant operation of thermal, chemical, and radiological effects on terrestrial biota and aquatic biota in Lakes Keowee and Hartwe'1.
D.
This liconse is subject to the following antitrust conditions:
Applicant makes the commitments contained herein, recognizing that bulk power supply arrangements between neighboring entities j
normally tend to serve the public interest. In addition, where there are net benefits to all participants, such arrangements also serve the best interests of each of the participants. Among the benefits of such transactions are increased electric system reliability, a reduction in the cost of electric power, and mini-mization of the environmental effects of the production and sale of electricity.
Any particular bulk power supply transaction may afford greater benefits to one participant than to another. The benefits realized i
by a small system may be proportionately greater than those realized by a larger system. The relative benefits to be derived by the parites from a proposed transaction, however, should not be controlling upon a decision with respect to the desirability of participating in the transaction. Accordingly, applicant will enter into proposed bulk power transactions of the types hereinafter described which, on balance, provide net benefits to applicant.
There are net benefits in a transaction if applicant recovers the cost of the transaction (as defined in Sil(d) hereof) and there is no demonstrable net detriment to applicant arising from that transaction.
1.
As used herein:
(a) " Bulk Power" means electric power and any attendant energy, supplied or made available at transmission or sub-transmission voltage by one electric system to another.
(b) " Neighboring Entity" means a private or public corpora-tion, a governmental agency or authority, a municipality, a cooperative, or a lawful association of any of the fore-going owning or operating, or proposing to own or operate, i
. facilities for the generation and transmission of electricity which meets each of the following criteria: (1) its existing or proposed facilities are economically and technically feasible of interconnection with those of the applicant and (2) with the exception of municipalities, cooperatives, governmental agencies or authorities, and asociations, it is, or upon commencement of operations will be, a public utility and subject to regulation with respect to rates and service under the laws of North Carolina or South Carolina or under the Federal Power Act provided, however, that as to associations, each member of such association is either a public utility as discussed in this clause (2) or a municipality, a cooperative or a governmental agency or authority.
1 l
(c) Where the phrase " neighboring entity" is intended to include i
entities engaging or proposing to engage only in the distri-bution of electricity, this is indicated by adding the phrase
" including distribution systems".
(d) " Cost" means any appropriate operating and maintenance expenses, together with all other costs, including a reasonable return on applicant's investment, which are reasonably allocable to a transaction. However, no value shall be included for loss of revenues due to the loss of any wholesale or retail customer as a result of any transaction hereafter described.
2.
(a) Applicant will interconnect and coordinate reserves by means of the sale and exchange of emergency and scheduled maintenance bulk power with any neighboring entity (ies),
when there are net benefits to each party, on terms that will provide for all of applicant's properly assignable costs as may be determined by the Federal Power Commission and consistent with such cost assignment will allow the other party the fullest possible benefits of such coordination.
(b) Emergency service and/or scheduled maintenance service to be provided by each party will be furnished to the fullest extent available from the supplying party and desired by the party in need. Applicant and each party will provide to the other emergency service and/or scheduled mainten-ance service if and when available from its own generation and, in accordance with recognized industry practice, from generation of others to the extent it can do so without impairing service to its customers, including other electric systems to whom it has firm commitments.
(c) Each party to a reserve coordination arrangement will establish its own reserve criteria, but in no event shall the minimum installed reserve on each system be less than 15% calculated as a percentage of estimated peak load responsibility. Either part, if it has, or has firmly planned, installed reserves in excess of the amount called for by its own reserve criterion, will offer any such excess as may in fact be available at i
the time for which it is sought and for such period as the selling party shall determine for purchase in accord-ance with reasonable industry practice by the other party to meet such other party's own reserve requirement.
The parties will provide such amounts of spinning reserve as may be adequate to avoid the imposition of ur. reason-able demands on the other party (ies) in meeting the g
normal contingencies of operating its (their) s3 stem (s).
However, in no circumstances shall such spinning reserve requirement exceed the installed reserve requirement.
(d) Interconnections will not be limited to low voltages when higher voltages are available from applicant's installed facilities in the area where interconnection is desired and when the proposed arrangement is found to be technically and economically feasible.
(e) Interconnection and reserve coordination agreements will not embody provisions which impose limitations upon the use or resale of power and energy sold or exchanges pursuant to the agreement. Further, such arrangements will not prohibit the participants from entering into other interconnection and coordination arrangements, but may include appropriate provisions to assure that (i) applicant receives adequate notice of such e iitional interconnection or coordination, (ii) the panies will jointly consider and agree upon such measures, if any, as are reasonably necessary to protect the reliability of the interconnected systems and to pre-vent undue burdens from being imposed on any system, and (iii) applicant will be fully compensated for its costs. Reasonable industry practice as developed in the area from time to time will satisfy this provision.
3.
Applicant currently has on file, and may hereafter file, with the Federal Power Commision contracts with neigh-boring entity (ies) providing for the sale and exchange of short-term power and energy, limited term power and energy, economy energy, non-displacement energy, and emergency capacity and energy. Applicant will enter into
. contracts providing for the same or for like transactions with any neighboring entity on terms which enable applicant to recover the full costs allocable to such transaction.
4.
Applicant currently sells capacity and energy in bulk on a full requirements basis to several entities engaging in the distribution of electric power at retail. In addition, applicant supplies electricity directly to ultimate users in a number of municipalities. Should any such entity (ies) or municipality (ies) desire to become a neighboring entity as defined in S1(b) hereof (either alone or through combination with other), applicant will assist in facilitating the necessary transition through the sale of partial requirements firm power I
and energy. The provision of such firm partial requirements service shall be under such rates, terms and conditions as shall be found by the Federal Power Commission to provide for the recovery of applicant's costs. Applicant will sell capacity and energy in bulk on a full requirements basis to any municipality currently served by applicant when such municipality lawfully engages in the distribution of electric power at retail.
5.
(a) Applicant will facilitate the exchange of electric power in bulk in wholesale transactions over its transmission facilities (1) between or among two or more neighboring entities, including distribution systems with which it is interconnected or may be interconnected in the future, and (2) between any such entity (ies) and any other electric system engaging in bulk power supply between whose facilities applicant's transmission lines and other transmission lines would form a continuous electric path, provided that permission to utilize such other transmission lines has been obtained. Such trans-action shall be undertaken prc-ided that the particular transaction reasonably can be accommodated by applicant's transmission system from a functional and technical standpoint and does not constitute the wheeling j
of power to a retail customer. Such transmission shall be on terms that fully compensate applicant for its cost.
Any entity (ics) requesting such transmission arrange-ments shall give reasonable notice of its (their) schedule and requirements.
(b) Applicant will include in its planning and construction program, sufficient transmission capacity as required for the transactions referred to in subparagraph (a) of this paragraph, provided that (1) the neighboring entity (ies) gives applicant sufficient' advance notice as
b.
may be necessary reasonably to accommodate its (their) requirements from a functional and technical standpoint and (2) that such entity (ies) fully compensates applicant for its cost. In carrying out this subparagraph (b),
however, applicant shall not be required to construct or add transmission facilities which (a) will be of no demonstrable present or future benefit to applicant, or (b) which could be constructed by the requesting entity (ies) without duplicating any portion of applicant's existing transmission lines, or (c) which would jeopardize applicant's ability to finance or construct on reasonable terms facilities needed to meet its own
~
anticipated system requirements. Where regulatory or environmental approvals are required for the construc-l tion or addition of transmission facilities, needed for the transactions referred to in subparagraph (a) of this paragraph, it shall be the responsibility of the entity (ies) seeking the transaction to participate in obtaining such approvals, including sharing in the cost thereof.
6.
To increase the possibility of achieving greater reliability and economy of electric generation and transmission facilities, applicant will discuss load projections and system development plans with any neighboring entity (ies).
7 When applicant's plans for future nuclear generating units (for which application will hereafter be made to the Atomic Energy Commission) have reached the stage of serious planning, but before firm decisions have been made as to the size and desired completion date of the proposed nuclear units, applicant will notify all neighboring entities, including distribution systems with peak loads smauer than applicant's, that applicant plans to construct such nuclear unitt. Neither the timing nor the information provided need be such as to jeopardize obtaining the required site at the lowest possible cost.
8.
The foregoing commitments shall be implemented in a manner consistent with the provisions of the Federal Power Act and all other lawful local, state and Federal regulation and authority. Nothing in these commitments is intended
)
to determine in advance the resolution of issues which are properly raised at the Federal Power Commission con-cerning such commitments, including allocation of costs or the rates to be charged. Applicant will negotiate (including the execution of a contingent statement of intent) with respect to the foregoing commitments with 5N 4
_9_
any neighboring entity including distribution systems where applicable engaging in or proposing to engage in bulk power supply. transactions, but applicant shall not be required to enter into any final arrangement prior to resolution of any substantial questions as to the lawful authority of an entity to engage in the transactions. In addition, applicant shall not be obligated to enter into a given bulk power supply transaction if:
(1) to do so would violate, or incapacitate it from performing any existing lawful contract it has with a third party; (2) there is contemporaneous 1y available to it, 4
a competing or alternative arrangement which affords it greater benefits which would be mutually exclusive of such arrangement; (3) to do so would adversely affect its system operations or the reliability of power supply to its customers, or (4) if to do so would jeopardize appli-cant's ability to finance or construct on reasonable terms facilities needed to meet its own anticipated system requirements.
E.
This license is effective as of the date of issuance and shall expire at midnight, November 6, 2007 FOR THE ATOMIC ENERGY COMMISSION Driginalsigned by Roger S.Boyd A. Giambusso, Deputy Director for Reactor Projects Directorate of Licensing Attachments:
Appendices A and B Technical Specifications Date of Issuance: A A, 1 9 1974 h
i
)
I i
k
.,.>'{'
l