ML19344A215

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Requests AEC Consider Granting Const Exemption.Requests AEC Hold in Abeyance,Authorization to Resume Work Until Approx Date of Receipt of CP Is Sufficiently Predictable & Supplemental Filing Made.Certificate of Svc Encl
ML19344A215
Person / Time
Site: Midland
Issue date: 04/18/1972
From: Boris W
CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To: Deyoung R
US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 8008060565
Download: ML19344A215 (10)


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Consumers Power W. R. Borde Company Generet omces: 212 West Mecnigen Avenue Jackson, Michsgen 49201. Area Code S17 7881111 April 18, 1972 DOCKET NOS. 50-329 AND 50-330 Mr. R. C. DeYoung-Assistant Director for Pressurized Water Reactors Division of Reactor Licensing Atomic Energy Co= mission Washington, D. C.

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Dear Mr. DeYoung:

Applicant has applied for a construction permit for the Midland Plant, Docket Nos. 50-329 and 50-330; Advisory Cec:mittee on Reactor Safety review of the Plant has been empleted (reports dated June 18, 1970 and September 23,1970); the AEC Staff Safety Evaluation has been completed (November 12, 1970 and January 11+,1972) and the AEC Staff'c Final Environ-mental Statement has been issued (March 27,1972). Completion of Atemic l

l Safety and Licensing Board review of environmental matters and a few re-l maining radiological issues is scheduled to begin May 17, 1972.

Applicant recef.ved a construction exemption, dated July 30, 1970, permitting certain construction activities. In lgr(0, Applicant performed portions of the following site activities, pursuant to the then ef fective 10 CFR $50.10(b)(1) and (3) and pursuant to the exemption:

Olearing and grubbing of land, removal of existing structures, sealing of wells, river videning work, diversion of existing surface drains and construction of temporary facilities. (80% cmplete)

Site excavation, backfill and reccmpaction, installa-tion of mud slabs, waterproof membrane and working mat, placing of foms and placing and splicing of 1800806056f g

Mr. R. C._DeYoung 2

April 18, 1972

~ reinforcing bars for the nuclear structures and con-l struction work on non-nuclear facilities including the turbine building, turbine generator foundations, construction of roadways, railroad spurs, transmission lines and circulation water cooling' system.

(5% com-plete)

Placing of concrete for the substructure of the auxil-inry building up to Elevation 614 (755 complete),

placing of. concrete for the. tendon galleries for the

. Units 1 and 2 reactor buildings (65% completc), and placing of concrete for the foundations for the Units 1 and 2 reactor buildings (20% complete). This work in-cludes the placing of embedded items in the foundation slab and valls including reinforcing steel, cadveld connectors, sump liner plates, thickened floor liner plate', liner plate veld backing strips, anchor bolts, door frames, beam brackets, waterstops, pipe sleeves, reactor building mat columns, the tower crane mast section for the temporary crane, and auxiliary building pipe tunnels.

i In November 1970, because of the prolonged hearing that appeared inevit-

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able, all site activities except for necessary material preservation and l-l material receiving vere suspended. 'Such activities remain suspended at this time.

14pplicant requests the Connission to consider granting an ex-I emption pursuant to 10 CFR $50.12(a) for limited activities previously i

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allowed by;10 CFR $50.lo(b)' but now prohibited by 10 CFR $50.10(c) and I-to allov Applicant to retain the.'constntetion exemption, dated July 30, 1970. It is not Applicant's intention to resume work at this time. Hov-l ever,.as more, fully described in this letter, Applicant believes that sig-i l

nificant benefits-vill, result if it is able to resume the site activities described herein prior to receipt of the construction permit. Applicant,

- therefore, requests.that the Commission hold in abeyance authorization

'to resume work until such time as the. approximate date of receipt of the construction permit is sufficiently predictable and. Applicant mkes a fsupplemental-filing specifying the -.necessary date for the authorization.

Mr. R.'C DeYotrg 3

April 18, 1972.

The requested work, in addition to that included in the con-struction exemption, dated July 30, lJ70, consists of:

1.

A general restoration of the site including the removal of silt and sloudhed-off earth at the edges of the containments and auxiliary building excavation and the re--

pair and improvement of existing construction roads, parking areas and storage areas.

2.

Removal'of weatherproof coverings and straw and sand coverings installed when construction was suspended.

3 Placement and compaction of fill to Elevation 634 on the Plant site to permit the construction of temporary facilities on the final grade.

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Construction of temporary facilities including of-fice buildings, change houses, varehouse and parking and storage areas.

5 Placement of concrete for turbine building pedestals and foundation mat to Elevation 614.

6.

Prefabrication of assemblies including liner plate, t

reinforcing bar and piping.

'.7 Installation of underground pipe tunnels and circu-lating vater pipe including necessary excavation and backfill.:

The. factors to be considered in making such detemination as provided in -

-10 CFR $50.12(b) are as follows:

(1)' Whether conduct or continuation of the activities vill

-give rise to a significant.' adverse impact on the en-vironment and the nature and extent of such hpact, if any.

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Mr.-R. C. DeYoung Aprili18,.1972 :

i As a result' of activities conducted in 1970 pursuant to the then effective 10.CFR $50.10(b) and the construction exemption,. con-

'struction was commenced onlthe site, topsoil was' removed or disturbed, vegetation was removed, animal life was dislocated and concrete was, poured. A description of. the present ecology of the site is contained i

in 'Seetion. 3.l' of ' Applicant s Supplemental Environmental Report, filed l

October 19,.1971. - As described in.the Final Environmental Statement, I '.

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-dated March 1972:'

l "The major. terrestrial impact-frcan the Midland l

. Project has.been realized as a result of prelimi-

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nary site preparation and construction. These L

activities have resulted in the loss of approxi-I mately 90% of the' native vegetation cover and habitats previously on the 1190-acre site..The soil types.and productivity have been changed, with the remnant of sand and clay substrate sup-porting'a ground cover of sparse-grasses and

. herbaceous veeds, i.e., an early-stage forb com-munity."

p.'V-12 The Final Environmental' Statement additionally pointed out that "The -

greater portion of native' wildlife:has been displaced from the site."

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p. V-13.

It is clear that any significant environmental impact from con.

.'struction activities has occurred and the incremental' impact of these.

l site activities will-be -insignificant.

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( All of'the-contemplated site activities except removal of'some borrow from areas previously cleared and stripped vill be 1n the. portion.

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-of the-site located in the 1'ndustrial zone of Mid1and Township on land s

with' marginal. soil ~ productivity which has already been extensively dis-j E urbed by' prior site activities. Site activities will, of course, re-t

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. sult' in: temporary adverse. effects"of the type associated with any con -

'struction project, e.g.,1 transportation,of materials -to and from the. site ~

1 land dust.and noise ~ associated)vith the construction.. However, as described?

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Mr. R. C. DeYoung 5

- April 18,.1972 l

in Section l+.1 of the Supplemental Environmental Report, these effects i

should be minimal, particularly because.the site activities requested f

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herein are not.to. be perfomed near the perimeter of the site but are.

I a substantial distance frcas the site's boundary with residential areas.

I-It must,- therefore, be concluded that conduct of the activities included l-in the present exemption and of-those described above vill not give rise L

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to nny significant adverse' impact en the environment.

1 (2) Whether redress of any adverse environmental impact.

l from conduct or continuation of the activities can reasonably be effected if necessary.

l Should it become necessary to effect redress-for any adverse i

environmental impact, Applicant would prcunptly take necessary measures.

L None of the work on the Plant structures vill be above Elevation 611+

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.which will be twenty feet'below finished grade. The construction buildings

-l on the site are intended to be temporary and could easily be removed. The

j effort presently necessary to restore the site.to ordinary industrial-usage _ is not expected to significantly increase as'a result of the addi-

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tional work.

l (3)!.Whether. conduct or continuation of.the-activities

-vould foreclose' subsequent adoption of alternatives.

Site activities contemplated herein would be limited and voeld '

-not be expected to foreclose any foreseeable alternatives. As discussed.

' in the' Final Environmental-Statement, ' the: Plant 's radioactive ' waste system design istwithin the. limits contemplated by Appendix I to 10 CFR-Part.50, the accidents evaluated for the Plant will not have significant adverse' effects and the thermal discharges will be.within approximately-

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!1 F, of ^the Lambient river t'emperature. However, even if. the - Atomic Safety -

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Mr. R. C. DeYoung 6

- April 18,1972 and Licensing Board were to determine that any of the systems regulatin6 these effects required modifications, the activities requested herein would 'not foreclos? any such modifications beyond whatever foreclosure may have resulted from work already perfomed.

(h) The effect of delay in conducting the activities on the public interest, including the power needs to be served by the proposed facility, the avail-ability of altemative sources, if any, to meet these needs on a timely basis,. ond delay costs to the Applicant and to consumers.

Schedule and Cost with Site Construction Exemption The Plant construction -achedule presently contemplates that the site construction described above and previously permitted under 10 CFR 550.10(b) and the construction exemption vould be done during the~ late summer and possibly the fall of 1972. Conservatively assuming receipt of the construction pemit as late as December 1972, performance of_ pre-pemit-site work would result 'in commercial operation of Unit 1 in May 1977 and of Unit 2 one year later. The estimated Plant cost under the above conditions is.$554,000,000.

The above-mentioned ccumercial operation-dates vill add k86 MWe and 815'MWe to the Michigan Poci 6eneration-capabilities in 1977 and 1978

-respectively_and the analysis'of the Pool's load and capability (See Table-I) shows the Pool Reserve to be 18.1% during the summer of 1977 and 17 9%'in the summer of 1978. This percentage reserve is within the range of-the' Pool's. desired minimum reserve of 18%.

Mr. R. C. DeYoung 7'

. April.18, 1972 Schedule-and Cost without Site Construction Variance Withdut the pre-permit site construction exemption, no site vork can commence until receipt of the ecustruction permit. -Assuming the construction permit is granted in December 1972 and the pre-permit site work is not permitted, the commercial operar, ion dates of both units vill be delayed by _eight months until January 1978 and January 1979 This delay is due to the seasonal weather impact on the construction work and the addition to the critical path of the site work previously per-mitted under the exemption and the regulations.

The estimated costs of the Plant under the above conditicus y uld te increased by $30,000,000 to a level of $584,000,000. This in-crease is due principally to escalation and interest during construction l

because of a lon6er construction schedule duration. In addition to this l-increase in the cost of the Flant, Applicant as described in Sections 51, l

5 2 and 5 3 of the supplemental Environmental Report would be required to operate its older, less efficient units more often or purchase power frca the older, less efficient units on other systems. This would have

- the effect 'of increasing the cost of electricity and increasing emissions l

from fossil-fired units during the eight-month period.

Review of Table I shows that the Pool's reserve would be 14 9%

fin the sumer o'r 1977!and -12.8% in the summer of_1978 if the Midland units cre delayed by e1 ht mor.ths. As can be seen en Table I, this would result 6

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~in a deficiency of approximately 480 W in 1977 and a deficiency of 815 W in 1978 from th'e 16% reserve level.

To' maintain'the'16% reserve, it would be necessary to build ad-

'ditional-capacity for the Pool.in 1977 and 1978, probably in the form of s

Mr. R. C. DeYoung 8

April 18,'1972 cc:nbined cycle, oil-fired units or to obtain sufficiently secure em-mitments of power from adjacent systems. Either of these alternatives would have the cost and environmental effects described in Sections 51, 5 2 and 5 3 of Applicant's supplemental Environmental Report. Addition-ally,.as described in Section 5 3, ths availability of such large blocks of power frca interconnected systems is at best a matter of conjecture.

In summation, the cost of the eight-month delay would be significantly in excess of the $30,000,000 directly related to increase in Plant costs.

Applicant believes that continuation of its present exemption and issuance of a new exemption in the manner described-herein is authorized by lav, vill not endanger life or property or the ccamon defense and se-curity and is otherwise in the'public interest.

Yours very truly, l

/s/

W. R. Boris WRB/pb.

W. R. Boris STATE OF MICHIGAN )

) ss.

COUNTY OF JACKSON )

The foregoing instrument was acknowledged before me this 20th day of April,- 1972 by W. R. Boris, Vice President of Consumers Power Company, a Michigan corporation, on behalf of the corporation.

/s/ Aileen R. Nazaruk Aileen R. Nacaruk Notary Public, Jackson County, Michigan My Ccanission Expires April 30, ISrt3

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'A TABLE I-X_

CONSUMERS-EDISON - LOADS AND CAPABILITIES E s-(As of.4-7-72).

.t N-1977 sunumer 1978 sumner Item

-CP DE

Pool CP DE.

Pool.

- Remarks a

A'.

With ' Construct' ion Exemption L

. Pool Unit:

6788 10743 17531

~7603

-11343 1894 By hay 1,! 1977 -.

owned Capability

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(292) 292 (506) 506

. Midland I at 486 MW-

, Total Capability '

6496 11035-17531 7097-11849~ IB9i6 By.May 1, 1978 -

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1 Load 5500 9345: 14845 6020. 10055' 16075 Midland 2 at 815 MW

Reserve 996 1690 2686 1077 1794 2871 DE. unit at 600.MW:

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.j Reserve 18.1 18.1:

18.l' 17 9 17 9

.17 9

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Without Construction Exemption owned Capability --

6302' 10743 17045 6788 11343 18131 By Jan.: 1, 1978 - -

Pool Unit '.

15 (15 1072'8)

Midland 1 at 486 MW-

' Total Capability 6317 17045.

W 11343 18131 By May 1,-1978

. Load 5500 9345 14845 6020- 10055 16075 IE unit at 600'HW Reserve 1 817 1383 2200 768) 1288 2056 By Jan. - 1, 1979 -

4 Reserve 14.9 14.9 14 9-12.8 12.8 -

12.8 nidland 2 at 615 MW t

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UNITED STATES OF AMERICA-'

ATOMIC ENERGY COMMISSION ~

LIn the Matter of-

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. Consumers Power Company

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" Application for Reactor

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Docket No. 50-329 Construction Permit ~and--

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Decket No. 50-330 Operating License.

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CERTIFICATE OF SERVICE

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[I hereby certify ;that copies of Applicant's filing for construction exemptions pursuant to'.10 Om $50.12 have been served on the following by deposit in the United States mail, first class, this.21st' day of April, e1972:

. Arthur W.- Murphy, Esq., Chairman.

David E. Kartalia,:Esq...

Atomic Safety andiLicensing Board U. S. Atomic Energy Commission Columbia University School of Law Washington, D. C.

20545 Box 38,'435 West n6th Street-New York, New-YorkD 10027 Milton R. Wessel, Esq.

Kaye, Scholer, Fierman, Hays Dr. Clark Goodman.

and Handler Professor of Physics 425 Park Avenue University of Houston New York, New York 10022 3801 Cunen Boulevard.

Houston, Texas 7700k-James N. O'Connor, Esq.

4 The Dow Chemical. Company-'

Dr. David B. Han 2030 Dow Center i

Los' Alamos: Scientific Laboratory

' Midland Michigan' 48640

.P.O. Box 1663

. Los Alamos, New Mexico-<87544 Myron M. Cherry, Esq..(2)_.

Suite 1005,- 109 N. Dearborn St.

William-J. Ginster, Esq.

Chicago,' Illinois. 60602 F

' Suite 4,'Merrill Building.

Saginaw,(Nichigan~' 48602 -

- Irving Like, Esq.

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Anthony Z. Roisman, Esq.

. Reilly,-Like and Schneider

. 200 West Main-

. Berlin, Roisman, and Kessler Babylon,-New York n702 L1910 N. Street, N.W.-

Wasnington, DL C. ;20036

- Atomic Safety and Licensing Board l Panel -

- jMr.!StanleyT." Rob'inson'(20)

^ Chief, Public Proceedings Branch-D l 0ffice 'of the Secretary of the:

Commission !

Hon. William H. Ward 7

.,U.'S.? Atomic Energy Ceumission'

, Assistant Attorney General-'

Washington, D.fCL-20545

State.of Kansas

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4 Janes A. IKendau, Esq.-.

135 NE Saginaw Road--

Midland, Michigan 48640.

/s/JohnK.Restrick1

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John K.- Restrick-

, Attorney' l

Consumers Power Company 3

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