ML19326A942
| ML19326A942 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 10/23/1970 |
| From: | Price H US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Goldfarb S AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML19326A943 | List: |
| References | |
| NUDOCS 8003050846 | |
| Download: ML19326A942 (3) | |
Text
_
As
,o DCT 2 31979 f
/
9 h
Mr. Stephen Goldfarb 2589 overlook Road, #10 Cleveland lits., Ohio U.106
Dear Mr. Coldfarb:
1 am piensed to reply to your letter of August 30, 1970, to Chairman Seaborg concerning preliminary construction activities at the propoacd Davis Besse Nuclear Power Station site by the Toledo Edison Company before the Atonic Energy Conmission's public hearing has been held.
The Atomic Energy Act of 1954 provides that a nuclear power plant can-not be constructed unless the AEC has issued an appropriate license.
The Act also requires that the Commission inpose the mininum anount of regulation that will permit the Commission to fulfill its responsibil-ities under the Act to protect the health and safety of the public.
Since the terra " construction" was not defined in the Atomic Energy Act, it was necessary to define this term in the Commission's regulations.
In the develop::ent of this definition, consideration was given to the term as it night relate to health and safety factors which are the primary matters of concern in the licensing process.
For nuclear power plants, construction was defined to mean the pouring of the foundations for, and the installation of, any nuclear portions l
of the plant at a site, but to exclude such things as site exploration and excavation, and the construction of nonnuclear portions of the facility.
L'e believe that such a definition was in accord with the congressional intent to ninimize the amount of regulation consistent with providing adequie protection to public health and safety. The complete text of the definition of construction cay be found in section 50.10 of the Commission's regulations, a copy of which is enclosed.
These reEulations also provide that exenptions nay be granted for good The Toledo Edison Company has been granted an exemption from.
cause.
the provisions of paragraph 50.10(b) of the Co::nission's regulations to permit the performance of certain foundation work for the nuclear
- portions of the plant at the proposed site prior to the issuance of a construction permit. A copy of our letter granting the exemption request is enclosed. The cost of the work permitted by the exenption represents a small fraction of the total cost of the facility, omct >
SURNAME >
I cEmct 1 Nee Form AEC-31 53 us vt 8008050 g
4 5
_A.
Iir. Stephen Coldfarb Exenptions of this kind are granted by the Con,ission only af ter a thorough review to assure that the exemption is needed to enable the applicant to satisfy a public need for the energy to be produced by the pro osed nuclear power plant on a tirsely basis.
In this case the applicants are t.cnbers of the Central Area Power Coordination Group (CAPCO) and the exemption was needed to assure that the Davin-Besse generating capacity would be cvailable in 1974 in order to neet the required minimua generating grid reliability standards of the CAPCO system. The exenption was granted after completion of the safety review of the plant by the AEC regulatory staff, and af ter the Advisory Comittee on Reactor Saf e;;uards had conpleted its cafety review and written a favorable report to the Comission.
A copy of the ACRS report is enclosed.
As stated in our letter to Toledo Lilson, the granting of this exemption will have no bearing upon tha. aubsequent granting or denial of a construction permit for the proposed Davis-Desse Nuclear Power Station, and any work perforned pursuant to this exception shall be performed entirely at the risk of the companies involved.
The public hearing for the Davis-Besse Nuclear Station will be held in Ohio. The location and date of the public hearing have not been established at this tine.
Public notice of the date and location vill be published in the Federal Register at least 30 days prior to the h earing. We anticipate the public hearing vill be scheduled for late November or early Deccaber. Arrangements have been nade with the Public Proceedings Branch of the Office of the Secretary to the Comission to have a copy of this notice forwarded to you when it is issued.
DISTRIBUTION:
bec: Chairman (2)
- ncerely, E MR @-M Comissioner Ramey Docket (50-346)
Comissioner Johnson DR Comissioner Thompson ed } NWId C PrICO DRL Comissioner Larson E
Secretary (2)
Ear ld L. Price PAMorris J. Yore, AS&LBP Director of Regulation RSBoyd ECGase RTedesco
Enclosures:
1.
10 CFR Part 50 HShapar,-OGC RPowell 2.
Exemption ltr to Tolato Edison SErtter 1
3.
ACRS Report 4.
Looklet, " Licensing of Power HSte&& (2)
SRobinson, SECY l
P.cactors" Retyped per OGC y,t.f u;w 1
This letter is ide$tkcaY to approvedYltzen$'aum letter except for last 1.
f CRsSS ema.
..DRt
...............gh......S DRt..
R:DRt........ 0GC..g..DIR:Dg.
RLTe sco PlLMor RLP T96/Pl,2,}""
{th_
1oa,no _aou.~0cnw>m nem somno.
p
~mm.mo..
Mr. Stephen Goldfarb Exemptions of this kind are granted by the Commission only af ter a thorough review to assure that the exeirption is needed to enable the applicant to satisfy a public need for the energy to be produced by the proposed nuclear power plant on a timely basis.
In this case the applicants are members of the Central Area Power Coordinatio Croup (CAPCO) and the exemption was needed to assure that the. vis-Bessen generating capacity would be available in 1974 in ord - to meet the required minimum generating grid reliability standards f th e CAPCO system. The exemption was granted after completio of the safety review of the plant by the AEC regulatory staff and af ter the Advisory Committee on Reactor Safeguards had complete its safety revieu and written a favorable rept.rt to the Corrnioion. A copy of the ACRS report is enclosed.
As stated in our letter to Toledo Edison, th granting of this exemption will have no bearing upon the suj! equent granting or denial of a construction permit for the nroposed Davis-Besse !!ue. lear Power Station, and any work performed /rsuant to this exempti;n shall be perforced entirely at the r
- e. of the companics involved.
The public hearing for the Davis " sne Nuclear Station will be held in Ohio.
The location and date f the public hearing have not been established at this time. Pup ic notice of the date and location will be published in the Pederal yegister at least 30 days prior to the hearing,and Ve anticipate Jhe publ,ic hearing will be scheduled for g
ate N mber of earl Lo6 ember./
Mwm M
o
~
O LsWA D&
ihman M
C QLg
' N UM cc nc re e
Commissioner Ramey U
DISTRIBUTION:
Commissioner ohnson AEC PDR (50-346)
Commission Thompson Docket (50-346)
Commissioper Larson DR 1
Secreta f (2)
IIarold L. Price DRL j
J.Yor AS& LAP Director of Regulation BWR-2 R/F l
PAMorric
)
Enclosur :
PSBoyd 1.'
101. 'R Part 50 EGCase 2.
Esdaption ltr to Toledo Edison RTedesco
[RSReport HShapar, OGC 3.
4./ Booklet, " Licensing of Power RPowell e
/
Rea ctors" GErtter 8.'h M ySey
'"his le t t e-it identical t-appre >cd ~ t ac: hc= let ter>
omcc >...DRL
... DRL...h......_DRL.,
.,._,DIR:DRL.
...OGC......... DI R.: DR._._,
en &
.- Q h
CRESS en
.j.
l R,K_.P.,0Well/gl._....RLT.e. des co....RS Boyd...........PAM ris.....
_................ ;HLP ric e.......
T96/R1,2arb e>
10/13/70 10/PyI70 10//j/70-10/(
70 10/ /70 10/ /70 DATE>
../..................
Wrrn A EC.31 A (Rev. 9-53) u.s Gonawatemnimsonc.ust-o-m-ses L
.