ML19319C302

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Forwards Util 700604 Request for Exemption from Provision of 10CFR50.10(b) to Permit Const Work at Facility Prior to CP Issuance
ML19319C302
Person / Time
Site: Davis Besse 
Issue date: 08/06/1970
From: Price H
US ATOMIC ENERGY COMMISSION (AEC)
To: Johnson, Ramey, Seaborg G
US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML19319C303 List:
References
NUDOCS 8002130825
Download: ML19319C302 (4)


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6 G70 Chairman Seaborg Conunissioner Ramey Coammissioner Johnson Comunissioner Thompson Coussissioner Larson REGUEST FCR 3.':E1ETICN 3Y Th'E TCLZDO EDISON CC}CANY ET.U.

DAVIS-3ZSSZ NUCLEAR FCWE2 STATICN, DOCIET NO. 50-346 2y letter dated June 4, 1970 The Toledo Edison Company et al requested an exemption, pursuant to 10 C7R 50.12 from the provisions of 10 CFR 50.10(b) in order to perm 13 the work described below to be perforned on the site prior to issuance of a construction permit.

An exemption for the following work is requested:

(1) Concrete and reinforcing steel placement for construction of the ring foundation and walls of the shield building up to grade level (533 feet 6 inches elevation),

(2) Concrete and reinforcing steel placement for construction of mats, walla, and floor slabs of the auxiliary building up to grade level (583 feet 6 inches elevation),

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Installetion of waterproof me=branes, all embedded piping, grounding conduits, floor drains and tackfill up to 3rado level (583 feet 6 inches elevation) for the shield and auxiliary building construction described in (1) and (2) above.

The applicants will also perform their niscellanocus work including site excavation and other construction permitted under 10 CFR 50.10(b).

All work to be authorized under this exemption would be below the finished plant grade level of 584 feet elevation.

The applicants are members of the Central Area Iower Coordination Group (CAFCO) and have indicated that based on its forecasc of the Toledo Edison Company and the CAPCO systee generating capability in i

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MGS ibi0 December of 1974, the Devis-Besse generating capacity is required to be operational in 1974 to meet the minimma generating grid reliability standards.

We have reviewed the request and supporting infor: nation provided by the applicants and have concluded that:

(1) There is a public need for the energy to be produced by the proposed reactor on the schedule projected by the applicants; (2) Characteristics ^of the reactor sita and design criteria for the construction to be perferned under the examation have been adequately described in the application to construct and operate the facility; (3) There is reasonable assurance that resolution of kncvn safety problems veuld not require =odification of the requested construction; (4) ne quality assurance progra:a previded for the requestal construction is adequate and rsady to be implemented; cnd

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i (5) The principal safety charactaristics of the Davis-Basse site are similar to sites for which construction permits for reactors of essentially the se e type have been 13eued.

The applicants requested that this axemptica M granted by AuTast 13, i

1970, so that construction could proceed in accordanco with the cen-struction schedule. We expect the ACIS to review the projset at the August 13 and 14, 1970 meeting of the AC2S. n e applicants have filed their Environmental Report on August 3, 1970. Copics of the re;crt are being distributed to various Federal and stats agencias for coussents. Allowing for a public hearing, it veuld be at least November 1970 before a construction permit would be issued by the Cr==mf ssion. Therefore, start of the proposed construction, Augnt 13, 1970, rather than after issuance of a construction permit, would greatly assist the applicants in meeting the construction schedula and coussereial operation date.

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Our review of this exemption request considered the effects of the National Environmental Policy Act of 1959 on the proposed action.

We concluded that the requirement of Section 102(2)(c) for the prepara-tion of a " detailed statement" was not applicable to this type of action because no ":najor Federal action significantly affecting the quality of the human environment" is involved.

Ihis conclusion is based on the fact that the work to be performed is essentially limited to cmstruction work inside an already excavated area.

Cn the basis of our review of the applicants' supporting information, we conclude that the exemption request meets the five criteria stated in the proposed amendment to Section 30.12 dated rebruary 19. 1969, of 10 C7R Part 50, "Licenshg of ?roduction and Utilization racilities."

The applicants understand and acknowledge that the granting of Ohia exemption shall have no uearing upon the subsequent granting or denial of a construction permit or of any further exemption for the proposed 3 avis-3 esse Nuclear Pcwer Plant, and that any work performel tursuant to this exemption shall be performed entirely at the risk of Ihe Toledo Elisen Company and ~'he Cleveland Electric Illuminating Company.

?urther-more, the granting of this exemption does not constitute an approval of the type or adequacy of the cethod of installation.

Accordingly, we have determined that the exemption requested in compliance with the items stated above may be granted.

I wesid like to discuss this request for exemption at an early information "eetin;.

tlignali O Harold L. Price Director of Regulatics

Enclosures:

1.

Toledo Edison ler, dtd 6/4/70 2.

Toledo Edison ler, dtd 7/24/70 3.

Froposed ltr to Toledo Edison ec w/encia: General Manager (2)

Ceneral Counsel Secretary (2) bec w/encis:

A. A. Wells, ASLBP (2)

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