ML19347D968
| ML19347D968 | |
| Person / Time | |
|---|---|
| Site: | 05000450, 05000451 |
| Issue date: | 04/09/1981 |
| From: | Wolf J Atomic Safety and Licensing Board Panel |
| To: | DELMARVA POWER & LIGHT CO. |
| References | |
| NUDOCS 8104140540 | |
| Download: ML19347D968 (2) | |
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Before Administrative Judges:
John F. Wolf, Chaiman Dr. Robert L. Holton 88gpg Frederick J. Shon O ]O19gy R
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DELMARVA POWER AND
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Docket Nos:
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50-451
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(Summit Power Station,
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Units 1 and 2)
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April 9,1981 f,
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MEMORANDUM AND ORDER Q, *[ /k (Granting Motion to Withdraw
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Apolication and to Terminate Proceedino)
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Delmarva Power and Light Company and its co-applicant, Philadelphia Electric Company (DP&L), filed a motion, dated December 5,1980, to withdraw their application and to teminate the proceedings in the above indicated matter. The motion was received by this Atomic Safety and Licensing Board on December 11, 1980.
A copy of a letter, dated December 5,1980, addressed to Mr. Harold R.
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Denton, as Director, Office of Nuclear Reactor Regulation, by DP&L's Attorney, outlining the history of this matter, was attached to DP&L's motion to withdraw. A copy of that letter is appended hereto as Attachment SO)
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. The NRC Staff responded to DP&L's motion to withdraw their joint application by requesting time to evaluate the condition of the Summit site in view of activities undertaken by the DP&L pursuant to the Limited Work Authorization. An inspection took place on January 27, 1981. A copy of the inspection report is appended hereto as Attachment "B".
It shows that the terms of the LWA were complied with and that there were no " adverse environmental effects from the onsite work performed by the DP&L under the LWA."
For the foregoing reasons and pursuant to the provisions of 10 CFR 2.107 on this 9 th day ~of April 1981, it is ORDERED that DP&L's motion to withdraw the application for a construction permit and terminate the proceeding is granted without prejudice effective December 11, 1980.
FOR THE ATOMIC SAFETY AND LICENSING BOARD e
"JohnF. Wolf,Chairmaj/
A']MINISTRATIVE JUDGE
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December 5, 1980 Mr. Harold R. Denton Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washing ton, DC 20555 Delmarva Power & Light Company, et al.:
Summit Power Station, Units 1 and 2 (NRC Dockets 50-450, 50-451)
Dear Mr. Denton:
Pursuant to S 2.107 of the Commission's regulations, 10 CFR S 2.107, Delmarva Power & Light Company (DP&L or the Applicant) hereby withdraws its application (SRC Docket Nos.
50-450, 50-451) for a permit frem the Nuclear Regulatory Commission to construct twin HTGR units designated Summit Units 1 and 2.
This action is taken by DP&L on its own behalf and on behalf of its co-applicant, Philadelphia Electric A motion to withdraw the application and to terminate Company.
construction permit proceedings has been filed today with the Atomic Safety and Licensing Board; a copy is attached.
The construction permit application for the Summit units was filed in 1973, and in 1975 the Atomic Safety and Licensing Board issued a Partial Initial Decision on environ-mental and site suitability issues approving the Summit site for the construction and operation of the twin HTGR reactors then contemplated.
2 NRC 215 (1975).
Before the safety phase hearings could be completed, however, the Summit units as HTGRs were cancelled as the result of the reactor vendor's decision to withdraw from the commercial reactor manufacturing business.
time an appeal of certain aspects of the ASLB's Partial At that Initial Decision was pending before the Atomic Safety and Licensing Appeal Board.
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Huxrow & WILLIAMS Upon the cancellation of the HTGRs, DP&L notified the Commission that it wished not to withdraw its application at that time, but rather that it intended to investigate the possibilities of converting the HTGR application into one for light water cooled (LWR) units, or for an Early Site Review.
No LWR vendor has been selected, however, and no Early Site Review amendment has been filed.
On January 3, 1979, the Atomic Safety and Licensing Appeal Board, with DP&L's assent, vacated the earlier Partial Initial Decision without prejudice, dismissed the pending ap-peal as moot, and remanded the case to the Atomic Safety and Licensing Board for further proceedings contingent upon DP&L's amending its application.
9 NRC 5 (1979).
The application has not been amended since.
DP&L has recently concluded that there is neither a significant likelihood of its amending the Summit application in the foreseeable future, nor any further benefit to be an-ticipated from maintaining the application before the Comm is sion.
This fact, plus the pendency of proposed regula-tions (45 Fed. Reg. 74493, November 10, 1980) which as proposed could impose substantial additional fee liability for applica-tions withdrawn after the regulations become effective, has in-duced DP&L to withdraw its application before their effective date.
By this letter, therefore, DP&L requests that the Commission consider DP&L's application for a construction per-mit for Summit Units 1 and 2 to be withdrawn without prejudice as of the date of receipt of this letter.
A copy of this let-ter is being sent today to the Atomic Safety and Licensing Board as an attachment to the motion requesting that it permit withdrawal of the application and that the Summit proceeding be dismissed as moot.
very truly yours, O
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Donald P.
Irwin Attorney for Delmarva Power & Light Company Enclosure 91/728 i
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UNITED STATES fg NUCLEAR REGULATORY COMMISSION y
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KINO oF PRusstA. PENNSYLVANIA 19406 FEB 2 51981 Docket Nos. 50-450 50-451 Delmarva Power and Light Company ATTN: Mr. William G. Price s
Vice President, Generation 800 King Street Wilmington, Delaware 19899 s Gentlemen:
Subject:
Combined Inspection 50-450/81-01 and 50-451/81-01 This refers to the special safety inspection conducted by Mr. L. Narrow of this office on January 27, 1981 at Summit Power Station, Units 1 and 2; Surihit,
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Delaware and to the discussions of our findings held by Mr. Narrow with Mr.
Gates and other members of your staff at the conclusion of the inspection.
Areas examined during this inspection are described in the Office of Inscection and Enforcement Inspection Re; ort which is enclosed with this letter. Within these areas, the inspection consisted of selective examinations of procedures and representative records, interviews with personnel, and observations by the inspector.
Within the scope of this inspection, no items of noncompliance were observed.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosed inspection report will be placed in the NRC's Public Document Room.
If this report contains any information that you (or your contractor) believe to be proprietary, it is necessary that you make a written application within 23 days to this office to withhold such information from public disclosure. Any such application must be accompanied by an affidavit executed by the owner of the information, which identifies the document or part sought to be withheld, and which contains a statement of reasons which addresses with specificity the items which will be considered by the Commission as listed in subparagraph (b) (4) of Section 2.790.
The information sought to be withheld shall be incorporated as far as possible into a separate part of the affidavit.
If we do not hear from you in this regard within the specified period, the report will be placed in the Public Document Room.
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Delmara Power and Light Company 2
No reply to this letter is required; however, should you have any questions concerning this inspection, we will be pleased to discuss them with you.
Sincerely,
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Robert T. Carlson, Chief Reactor Construction and Engineering Support Branch
Enclosure:
Combined Office of Inspection and Enforcement Inspection Report Number 50-450/81-01; 50-451/81-01 bec w/ enc 1:
IE Mail & Files (For Appropriate Distribution)
Central Files Feblic Do:ument Roem (?DR)
L2 cal ?uolic Document Room (LPCR)
Nuclear Safety Information Center (NSIC)
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Te:hnical Information Cen er (TIC)
REG:I Reading Room Myron Karman, Counsel for NRC Staff State of Delaware (2)
License Fee Management Erinch (w/o enc 1)
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U.S. NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT 1,
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Region I
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50-450/81-01 e,
a 4%*'4 Report No.
50-451/81-01 si. -
50-450 Occket No.
50-451 License.No. _
Priority Category B
Licensee:
Delmarva Power and Licht Comoany 800 King Street
'dilmington, Delaware 19899 Facility Name:
Sumit Power Station Units 1 and 2 Inspection at:
Sumit, Delaware Inspection conducted:.
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Inspectors:
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'L. Narrew; Reactor Inspector
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u C. Sakenas, Radiation Specialis:
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Approved by:
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J.Mattia,ActingChie#/ Projects
/ca e signec Section, RC&ES Branch Inscection Su=ary:
Inscection on January 27, 1981 (Combined Inscection Recort No. 50-450/81-01; 50-451/81-01)
Areas.Inscected: Inspection by two regional Msed inspectors of conditions at the site resulting from work activities undertaken in accordance with limited work authorization issued to the applicant. The inspection involved six inspector hours on site.
Results:
No items of noncompliance were identified.
i 90t96 op Region I Form 12 (Rev. A;ril 77)
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DETAILS 1.
Persons Contacted Delmarva Power and Licht Comoany C. R. Gates, Manager, Production Engineering J. C. Miller, Project Engineer l
2.
Verification of Limited Work Authorization Recuirements On-site work performed by the licensee in accordance with the Limited Work Authorization included: clearing a portion of the site fot excavation, partial excavations of the main plant area, improvement of the roadway into the main plant area, subsurface investigations and construction of runoff ditches and a settling basin for surface drainage.
The inspectors toured the site perimeter and the areas within the site where preparatory work had begun.
Temporary building in use during the en site work had been removed and the excavation had been backfilled. No evidence of soil erosion was observed along the site access road, and the building excavation had revegetated.
A runoff ditch and settling basin were the most noticeable evidence of construction activities.
Some soil erosion was. observed feeding into the settling basis, although there was no evidence of material eroding into the creek at the outfall of the basin.
No items of noncomp.liance were identified.
3.
Exit Interview The inspector met with licensee representatives (denoted in Paragrah 1) at the conclusion of the inspection on January 27, 1981. The inspector sumart:ed the scope and findings of the inspection.
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