ML19329D375

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Memorandum & Order Denying Applicants Motion for Reconsideration.Certificate of Svc Encl
ML19329D375
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 09/21/1973
From: Farmakides J
Atomic Safety and Licensing Board Panel
To:
CLEVELAND ELECTRIC ILLUMINATING CO., TOLEDO EDISON CO.
References
NUDOCS 8003050967
Download: ML19329D375 (5)


Text

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UNITED STATES OF AMERICA ATOMIC ENERGY Com!ISSION In the Matter of

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TOLEDO EDISON COMPANY AND

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CLEVELAND ELECTRIC

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Docket No. 50-346 ILLM1INATING COMPANY

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(Davis-Besse Nuclear Power

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Station)

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MEMORANDUM AND ORDER Ey motion for " Partial Reconsideration of the Septemoer 13, 1973, Init ial Decision", the Applicants move that the condition imposed by the Board in Parag on(c)(4) thereof be modified to allow a total residual chlorine concentration in the effluent of 0.2 ppm or less, not to exceed two (2) hours per day.

Thus, the Applicants request that our Initial Decision be changed so that the 0.1 ppm or less, referenced in Paragraph 86(c)(4), be changed to 0.2 ppm or less.

To support this motion, Applicants quote from Page 6 of the Regulatory Staff's " Supplemental Testimony to the Final Environmental Statement",

relating to Issue 8 incorporated in the Transcript following p. 600, as follows :

8003 o 50fD 8

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. The Applicants' Witnesses were questioned closely by the Board regarding the change in the Table 3.6 of the FES (Tr. 549, Tr. 551-552).

After this change, the figures in that table still indicate that an appreciable fraction of the chlorine may be present as free chlorine.

Moreover, at pages 5-14 of the FES, we are advised that ".

. EPA recommended criteria call for total residual chlorine in receiving waters of not more than 0.1 ppm chlorine, not to exceed 30 minutes per day or not more than 0.05 ppm not to exceed two hours per day".

Accordingly, the Board reaffirms its findings and conclusions on the mattG-is raised by the Applicants and does hereby deny the Applicants' motion for reconsideration.

IT IS SO ORDERED.

THE A'IOMIC SAFETY AND LICENSING BOARD si,,,l

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B.Mhakides, Chairman J

Issued at Washington, D.

C.,

this 21st day of September, 1973.

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i In the absence of significant free chlorine, the appropriate criteria for receiving waters containing only " warm watur" fish species (i.e., the western basin of Lake Erie) is that, for a period of two hours a day, total residual chlorine may be up to but not exceed 0.2 mg/1.

Applicants also directed the Board's attention to the Applicants' Testimony occurring at Tr. 551.

The Board does not agree with the Applicants '

position.

We have reconsidered the quoted portions of the record and the other evidence pertinent to this matter, and we reaffirm our conclusions.

As indicated on page 5 of the Staff's Supplemental Testimony (following Tr. 600), and'in Section 5.5.3 of the Final Environmental Statement, it is clear to the Board that the principal environmental impact of chlorine involves the presence of that element in its free form.

Thus, the operative words in the above quote which govern the condition are ".

. in the absence of significant free chlorine The Applicants' Witness (Tr. 551) specifica11p stated that the proposed total of 0.2 ppm would include

. free and combined chlorine

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fpy UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of

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TOLEDO EDISON COMPANY, ET AL.

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Docket No. 50-346

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(Davis-Besse Nuclear Power

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Station)

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CERTIFICATE OF SERVICE I hereby certify that copies of MEMORANDLH AND ORDER dated September 21, 1973 in the captioned matter have been served per the attached Service List by deposit in the United States mail, first class or air mail, this 21st day of September 1973.

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T& LA1 M/

Office %f th'e Secretary or the Commission

Attachment:

Service List ec:

Mr. Farmakides Mr. Scinto ASLBP E. Goulbourne N. Brown Reg. Files ASIAB 9

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1 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of

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THE TOLEDO EDISON COMPANY, ET AL.)

Docket No. 50-346

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(Davis-Besse Nuclear Power

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Station, Unit 1)

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SERVICE LIST John B. Farmakides, Esq., Chairman Leslie Henry, Esq.

Atomic Safety and Licensing Board Fuller, Seney, Henry & Hodge U. S. Atomic Energy Commission 300 Madison Avenue Washington, D. C.

20545 Toledo, Ohio 43604 Dr. Cadet H. Hand, Jr., Director Mr. Glenn J. Sampson, Vice President Bodega Marine Laboratory The Toledo Edison Company University of California 420 Madison Avenue P. O. Box 247 Toledo, Ohio 43601 Bodega Bay, California 94923 Donald H. Hauser, Esq.

Mr.

Frederick J. Shon Cleveland Electric Illuminating Atomic Safety and Licensing Board Company U. S. Atomic Energy Commission Public Square Washington, D. C.

20545 Cleveland, Ohio 44101 t

Joseph F. Tubridy, Esq., Alternate Judge Herbert R. Whiting, Director Chairman Robert D. Hart, First Asst;. Director Atomic Safety and Licensing Board Department of Law 4100 Cathedral Avenue, N. W.

City Hall Washington, D. C.

20016 Cleveland, Ohio 44114 Dr. Harry Foreman Reuben Goldberg,Esq.

Box 395, Mayo David C. Hjelmfelt, Esq.

University of Minnesota 1700 Pennsylvania Avenue, N. W.

Minneapolis, Minnesota 55455 Washington, D. C.

20006 Joseph Scinto, Esq.

Mrs. Evelun Stebbins, Chairman a

j Francis X. Davis, Esq.

Coalition for Safe Electric Power Regulatory Staff Counsel 312 Park Building U. S. Atomic Energy Commission 140 Public Square Washington, D. C.

20545 Clevoland, Ohio 44114 Gerald Charnoff, Esq.

Russell Z. Baron, Esq.

Shaw, Pittman, Potts & Trowbridge Brannon, Ticktin, Baron and 910 17th Street, N. W.

Mancini Washington, D. C.

20006 930 Keith Building 1

Cleveland, Ohio 44115 Director Ida Rupp Public Library Port Clinton, Ohio 43452

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