ML20010J569
| ML20010J569 | |
| Person / Time | |
|---|---|
| Site: | LaSalle  |
| Issue date: | 09/23/1981 |
| From: | Delgeorge L COMMONWEALTH EDISON CO. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 8110050362 | |
| Download: ML20010J569 (12) | |
Text
.
,m
/ _ X Commonwrith Edison
(
- / one First National Plaza. Chicago. Ilhnois
( j- ~7 Address Reply to: Post Othee Box 767 g
Chicago, flhnois 60690 September 23,S,E8fl N
s o,
% - TlI/
52' HL. L ! i (ph' f_2[ gg' Mr. Harold R.
Denton, Director 2, 1981a- -f Office of Nuclear Reactor Regulation
-t U.S.
Nuclear Regulatory Commission
$ "'&Zgeo,
[p Washington, DC 20555
'74 C
Gu.
, b'
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Dear Mr. Denton:
-4 3
Commonwealth Edison Company anticipates receiving operating licenses for its LaSalle County Nuclear Power Station, Units 1 and 2,
this fall and next year.
The purpose of this letter is to request the Nuclear Regulatory Commission to issue each of these operating licenses for a full term of 40 years each, running from the date of the issuance of the licenses.
The requested 40-year term would be consistent with the safety reviews conducted by the Energy Act and the NRC regulations.
The NRC's past practice has been to issue an operating license for a term of 40 years, which is backdated to the issuance of the construction permit rather than starting with the issuance of the operating license itself.
Because the time required for the construction of nuclear power plants has steadil.y increased over the past few years, the Commission's practice of backdating has resulted in the steady erosion of authorized operating periods for newer plants.
(See Attachment 1).
This practice of reducing the lifetime of operating licenses is apparently unintentional and aroitrary.
It is not required for the safety of nuclear power plants, nor is it in keeping with the intent of the Atomic Energy Act.
For LaSalle County Nuclear Station, following the past practice of backdating operating license would result in an effective duration of only 32 years, a 20% reduction in the authorized operating life of the Station.
This result is not compelled by tne NRC Staff's thorough safety and environmental review of the LaSalle units.
The Staff did not base its reviews on a fixed number of years from the date of the construction permit.
Commonwealth Edison is unaware of any safety or environmental considerations which require limiting the effective duration of the LaSalle operating licenses to a period of less than 40 years.
Section 103(c) of the Atomic Energy Act of 1954, 42 U.S.C. 5 2133(c) (1976), authorizes the Nuclear Regulatory Commission to issue commercial operating licenses for a "specified period...but Dof 1
8110050362 810923 DR ADOCK 03000373 PDR
. not exceeding 40 years."
was not dictated by a concernThe 40 year limitation in the statute
- however, environmental effects of continued operationfor safety or for the study of the legislative history In fact, a close establish a 40 year limit.was economic considerations which were beni dto reveals that it the decision to n
Interestingly, the the Atomic Energy Act o f 1946 providedfirst proposal in April, 1954, to amend operating licenses.
(A Proposed Act to Amend the Atomic Enefor a 25 year l of 1946, Joint Committee on Atomic Energy (Lomm. Print Anril 1954 rgy Act 83d Cong., 2d Sess. 21
_reorir ted Atomic Energy 0 0 t o f 1954, at 81 in Legislative History of the oetore tne Joint (1955).)
However, in hearings _ held representative of interested public utilitiesCommittee on Atomic Energy 1954, a testified that plant construction projects.the 25 year limitation would discourage nucl E.
H. Dixon, (Hearings Before ear power on Atomic Eneroy, 83d Cong., 2d Sess. 203-31 (May 11, 1954) the Joint Committee (stab ment ofE.~~ H. Oixon)
Atomic Eneray Ac t o f 1954, _reorinted in Legislative History of at 1864-1665 (1955).)
of the this testimony, the 25 year maximum on operating licenses tthe Joint Com expanded (Oraft In Bill Form, and Joint Committee Print, o 40 years.
(May 21, 1954) reprinted in Leoislative History 83d Cong., 2d Sess. 41 Ac t o f 19 54, at 29/ (1955).)
It was tnis latter proposalof the Atomic Energy became law ~on February 17, (1954).
1954 Pub.
L.
No.
whien fairly clear thatFrom the legislative history of Secti 703-1073, 58 Stat.
919 year licensing term so that public utilitiesthe intent of Congress was to on 103(c), it seems discouraged 0
from nuc'aur power stations onlytaking on the costly burdens of constructi would not be invastments still had economic usefulnfind the licenses expire when their to ng power plants are more expensive and ess.
The fact that modern than older plants increases the justifitake longer to build and licens successful applicant and the public it serves thecation for allowing a bene fi t of the 40 year term originally intended by Con full economic gress.
the intent of the statute by prescribing pThe NRC regu forth insure a on 103(c) carry full term of 40 years to an applicant rocedures which necessary safety and environmental requirements who meets the In particular, 10 CFR of the Commission.
provides:
50.51 entitled "Ouration of License,"
Each license will be issued be specified in for a the license but in no case to exceed 40 fixed period of years f rom the date of issuance.
for the term requested by the applica tfacility is involve ssue the license estimated useful life of the n
or for the facllity if the Commission determines that term requested....the estimated useful life is less than tha n
-2 not exceeding 40 years."
The 40 year limitation in the statute, however, was not dictated by a concern for safety or for the environmental effects of continued operation.
In fact, a close study of the legislative history to Section 103(c) reveals that it was economic considerations which were behind the decision te establish a 40 year limit.
Interestingly, the first proposal in April, 1954, to amend the Atomic Energy Act of 1946 provided for a 25 year limitation on operating licenses.
(A Proposed Act to Amend the Ato.3!c Energy Act of 1946, Joint Committee on Atomic Energy, 83d Cong., 2d Sess. 21 (Comm. Print April 1954 reprinted in Legislative History of the Atomic Energy Act of 1954, at 81 (1955).)
However, in hearings held before the Joint committee on Atomic Energy in Mcy, 1954, a representative of interested public utilities, E.
H.
- Dixon, testified that the 25 year limitation would discourage nuclear power plant construction projects.
(Hearings Before the Joint Committee on Atomic Energy, 83d Cong., 2d Sess. 203-31 (May 11, 1954)
(statement of E.
H.
Olxon) reorinted in Legislative History of the Atomic Energy Act of 1954, at 1864-1865 (1955).)
Apparently because of this testimony, tne Joint Committee amended the proposed bill and expanded the 25 year maximum on operating licenses to 40 years.
(Draft In Bill Form, Joint Committee Print, 83d Cong., 2d Sess. 41 (May 21, 1954) reprinted in Legislative History of the Atomic Energy Act of 1954, at 297 (1955).)
It was this latter proposal which became law on february 17, 1954.
Pub.
L.
No. 703-1073, 68 Stat. 919 (1954).
Fro:. che legislative history of Section 103(c), it seems fairly clear that the intent of Congress was to provide a full 40 year licensing term so that public utilities would not be discouraged from taking on the costly burdens of constructing nuclear power stations only to find the licenses expire when their investments still had economic usefulness.
The fact that modern power plants are more expensive and take longer to build and license than older plants increases the justification for allowing a successful applicant and the public it serves the full economic benefit of the 40 year term originally intended by Congress.
The NRC regulations which implement Section 103(c) carry forth the intent of the statute by prescribing procedures which
'nsure a full term of 40 years to an applicant who meets the necessary safety and environmental requirements of the Commission.
In particular, 10 CFR 50.51 entitled " Duration of License,"
provides:
Each license will be issued for a fixed period of time to be specified in the license but in no case to exceed 40 years f rom the date of issuance.
Where the operation of a facility is involved the Commission will issue tha license fur the term eequested by the applicant or for the estimated useful life of the facility if the Commission determines that the estimated useful life is less than than term requested....
! This regulation clearly req" ires the NRC to grant Commonwealth Edison's request for 40 year operating licenses unless the useful life of LaSalle County Station is determined to be something less.
In addition, the language of Section 50.51 states that the license should run "from the date of issuance," not from a date prior to the issuance.
10CFRh50.56isnotinconsistentwith10CFR50.51.
Sectionh 50.56 refers to the " conversion" o f a construction permit to an operating license.
But in NRC practice there has always been a clear distinction between a construction permit and an operating license.
Construction permits and operating licenses have their own distinct terms and conditions, including different environmental monitoring requirements, different safety inspection schedules, and different ti...e limits.
There is no more reason why the term of the construction permit should be reflected in the term of the operating license than there is that a particular monitoring program, appropriately developed for construc Pion activities, should be included in the operating license t
- nical specifications.
Moreover, the rule governing duration of operating licenses is inund in 42 U.S.C. h2133, while the need for time limits for construction permits is derived from a completely different source.
See 42 U.S.C.h2235.
Therefore, there is no logical reason why
" conversion" of a construction permit into an operating license should require subtracting apples (t ne time for construction) from oranges (the time for operation).
A f air appreciation of the enormous ef fort which nas gone into the construction and licensing review of the LaSalle County Nuclear Station, and a careful reading of the Atomic Energy Act of 1954, the legislative history, and the regulations supports the view that, once construction is completed, there is really no reason why anything less than a full 40 year term should be granted.
Arbitrarily foreshortened license terms do not serve the best intersts of the NRC, the applicant or the public.1 Commonwealth Edison asks that the NRC Staff grant its request to have the operating licenses for the LaSalle County Station issued for full 40 year terms beginning with the dates of issuanci In the event the Staf f cannot support our position, we ask that
- r request be forwarded to the Commission for its consideration and that we be given an opportLaity to address the Commission in support of our request.
Commonwealth Edison would like to stress, however, that its principal concern lies in the timely licensing of the LaSalle County Station.
We do not want this request to result in any delay in this licensing process.
Sincerely, L.
O.
DelGeo rge Director of Nuclear Licensing cc:
Martin Malsch Colleen Woodhead 1
The statute and regulations do provide for renewal of licenses upon expiration.
42 U.S.C 2133; 10 CFR 50.51.
But re-licensing a nuclear power plant would be an enormous, uncertain undertaking which can not be regarded as a satisfactory answer to Commonwealth Edison's present request for the full-term, 40-year operating licenses to which it is entitled by law.
2538N
APPENDIX A O
O NUCLEAR UNITS ARRAN D CilRONOLOGICALLY BY DATE OF OPERATING LICENSE SEP 23 ES EFFECTIVE LIFETIME NRC OF A 40-YEAR DOCKET COMPANY NUCLEAR UNIT DATE Oi' DATE OF OPERATING LICENSE C.P.
O.L.
NUMBER I
50-10 Commonwealth Edison Dresden - 1 5-04-56 9-28-59 36 yrs. 7 mos.
Co.
50-456 Yankee Atomic Yankee-Rowe 11-04-57 7-09-60 37 yrs. 4 mos.
Electric Company 50-213 Consolidated Edison Indian Pt - 1 5-04-56 3-26-62*
34 yrs. 1 mo.
Co. of N.Y.
50-133 Pacific Gas and Humboldt Bay 11-09-60 8-28-62 38 yrs. 2 mos.
Electric 50-155 Consumers Power Big Rock Point 5-31-60 8-30-62*
37 yrs. 9 mos.
Co.
50-206 Southern California San Onofre - 1 3-02-64 3-27-67 37 yrs.
Edison Co.
50-213 Connecticut Yankee Conn. Yankee 5-26-64 6-30-67 36 yrs. 9 mos.
Atomic Electric Co.
50-409 Dairyland Power Coop.
La Grosse 3-29-63 7-03-67**
35 yrs. 9 mos.
50-219 Jersey Central Power Oyster Creek 12-15-64 4-09-69 35 yrs. 7 mos.
& Light 50-220 Niagara Mohawk Nine Mile pt - 1 4-12-65 8-22-69 35 yrs. 8 mos.
Power Corp.
- Date for provisional operating license.
- Date for provisional operating authorization.
NUCLEAR UNITS ARRA J CIIRONOLOGICALLY BY DATE OF OPERATING LICENSE i
EFFECTIVE LIFETIME J
NRC DOCKET COMPANY NUCLEAR UNIT DATE OF DATE OF OF A 40-YEAR OPERATING LICENSE NUMBER C.P.
O.L.
50-244 Rochester Gas and Ginna 4-25-66 9-19-69*
36 yrs. 1 mo.
Electric Corporation 1
50-237 Commonwealth Edison Dresden - 2 1-10-66 12-22-69 36 yrs. 1 mo.
Co.
50-261 Carolina Power and Robinson - 2 4-13-67 7-31-70 36 yrs. 7 mos.
Light 50-263 Northern States Monticello 6-19-67 9-08-70 36 yrs. 7 mos.
Power Co.
i 50-266 Wisconsin Electric Point Beach - 1 7-19-67 10-05-70 36 yrs. 9 mos.
i I
Power 50-245 Northeast Utilities Millstone - 1 5-19-66 10-07-70 35 yrs. 7 mos.
50-249 Commonwealth Edison Dresden - 3 10-14-66 1-12-71 35 yrs.10 mos.
Co.
50-254 Comraonwealth Edison Quad Cities 1 2-15-67 10-01-71 35 yrs. 4 mos.
Co.
50-265 Commonwealth Edison Quad Cities 2 2-15-67 3-31-72 34 yrs.10 mos.
Co.
50-301 Wisconsin Electric Point Beach 2 7-25-68 5-25-72 36 yrs. 2 mos.
Power ODate for provisional operating license.
..A-3 D.
R NUCLEAR UNITS ARRANGED CllRONOLOGICALLY BY DATE OF OPERATING LICENSE EFFECTIVE LIFETIME NRC OF A 40-YEAR DOCKET COMPANY NUCLEAR UNIT DATE OF DATE Op OPERATING LICENSE C.P.
O.L.
NUMBER 50-280 Virginia Electric Surrey - 1 6-25-68 5-25-72 36 yrs. 1 mo.
and Power 50-293 Boston Edison Pilgrim - 1 8-26-68 6-08-72 36 yrs. 1 mo.
50-250 Florida Power and Turkey Pt.
-3 4-27-67 7-19-72 34 yrs. 9 mos.
Light 50-309 Maine Yankee Atomic Maine Yankee 10-21-68 9-15-72 36 yrs. 1 mo.
Power Co.
50-255 Consumers Power Palisades 3-14-67 10-00-72*
34 yrs. 5 mos.
50-281 Virginia Electric Surrey - 2 6-25-68 1-29-73 35 yrs. 5 mos.
and Power 50-269 Duke Power Co.
Oconee - 1 11-06-67 2-06-73 34 yrs. 9 mos.
50-270 Duke Power Co.
Oconee - 2 11-06-67 2-06-73 34 yrs. 9 mos.
50-271 Vermont Yankee Vt. Yankee 12-11-67 2-28-73 34 yrs. 9 mos.
50-295 Commonwealth Edison Zion - 1 12-26-68 4-06-73 35 yrs. 6 mos.
1 Co.
50-251 Florida Power Turkey Pt.
-4 4-27-67 4-10-73 34 yrs.
and Light 50-285 Omaha Public Power Ft. Calhoun - 1 6-07-68 5-24-73 35 yrs.
District CDate for full power authorization, P.O.L. issued 3/24/71.
. A_4 NUCLEAR UNITS ARRAN[ > CIIRONOLOGICALLY
~
BY DATE OF OPERATING LICENSE
~
l NRC EFFECTIVE LIFETIME DOCKET COMPANY NUCLEAR UNIT DATE OF DATE OF OF A 40-YEAR NUMBER C,P.
O.L.
OPERATING LICENSE 1, 50-259 Tennessee Valley Browns Ferry 1 5-10-67 6-26-73 34 yrs. 1 mo.
Authority 4
!30-277 Philadelphia Electric Peach Bottom 2 1-31-68 8-08-73 34 yrs. 5 mos.
Co.
50-282 Northern States Prairie Island 6-25-68 8-09-73 34 yrs.ll mos.
Power Co.30-247 Consolidated Edison Indian Point 2 10-14-66 9-28-73*
33 yrs. 1 mo.
Co. of N.Y.30-304 Commonwealth Edison Zion 2 12-26-68 11-14-73 35 yrs. 1 mo.
Co.
1 30-305 Wisconsin Public Kewaunee 8-06-68 12-21-73 34 yrs. 8 mos.
Service Corp.
l50-267 Public Service Co. of Fort St. Vrain 1 9-01-68 12-21-73 34 yrs. 9 mos.
Oklahoma l30-298 Nebraska Public Cooper 6-05-68 1-18-74 34 yrs. 5 mos.
Power District 50-331 Iowa Electric Light Arnold 6-22-70 2-22-74 36 yrs. 4 mos.
& Power Co.
,30-289 Metropolitan Edison Three Mile Island - 1 5-18-C8 4-19-74 34 yrs. 1 mo.
'Date for full power authorization, O.L. issued 10/19/71.
R.A-5 ~ -.
r NUCLEAR UNITS ARRANL > CHRONOLOGICALLY BY DATE OF OPERATING LICENSE EFFECTIVE LIFETIME NRC DOCKET COMPANY NUCLEAR UNIT DATE OF DATE OF OF A 40-YEAR NUMBER C.P.
O.L.
OPERATING LICENSE 50-313 Arkansas Power Ak. Nuclear 1 12-06-68 5-21-74 34 yrs. 6 mos.
& Light
,50-260 Tennessee Valley Browns Ferry 2 5-10-67 6-28-74 32 yrs.ll mos.
s Authority
{30-287 Duke Power Co.
Oconee - 3 11-06-67 7-19-74 33 yrs. 4 mos.
50-317 Baltimore Gas and Calvert Cliffs 1 7-07-69 7-31-74 34 yrs.ll mos.
Electric 50-321 Georgia Power Hatch - 1 9-30-69 8-06-74 35 yrs. 2 mos.
,30-312 Sacramento Municipal Rancho - Seco 1 10-11-68 8-16-74 34 yrs. 2 mos.
Utility District 50-333 Power Authority of James A.
FitzpatricP 5-20-70 10-17-74 35 yrs. 7 mos.
State of N.Y.
'30-315 Indiana & Michigan Cook - 1 3-25-69 10-25-74 34 yrs. 5 mos.
j Electric Co.30-306 Northern States Prairie Island 2 6-25-68 10-29-74 33 yrs. 8 mos.
Power Co.
,30-324 Carolina Power and Brunswick - 2 2-07-70 12-27-74 35 yrs. 3 mos.
Light
q
-6, A
n NUCLEAR UNITS ARRANG CHRONOLOGICALLY BY DATE OF OPERATING LICENSE NRC EFFECTIVE LIFETIME DOCKET COMPANY NUCLEAR UNIT DATE OF DATE OF OF A 40-YEAR NUMBER C.P.
O.L.
OPERATING LICENSE
' 0-336 Northeast Utilities Millstone - 2 12-11-70 8-01-75 35 yrs. 4 mos.
0-344 Portland General Trojan 2-08-71 11-21-75 35 yrs. 3 mos.
t l
Electric Co.
i 0-286 Power Authority of Indian Pt. -3 8-13-69 12-12-75 33 yrs. 3 mos.
State of N.Y.
1 0-334 Duquesue Light Co.
Beaver Valley - 1 6-26-70 1-30-76 34 yrs. 5 mos.
0-335 Florida Power & Light St. Lucie - 1 7-01-70 3-01-76 34 yrs. 6 mos.
- 0-296 Tennessee Valley Browns Ferry 3 7-31-68 7-02-76 32 yrs. 1 mo.
Authority 0-318 Baltimore Gas &
Calvert Cliffs 2 7-07-69 8-13-76 32 yrs.ll mos.
Electric 0-325 Carolina Power Brunswick - 1 2-07-70 9-08-76 33 yrs. 5 mos.
& Light 0-302 Florida Power Co.
Crystal River 3 9-25-68 12-03-76 31 yrs.10 mos.
0-272 Public Service Salem - 1 9-25-68 4-06-77*
31 yrs. 7 mos, i
Electric & Gas Co.
! 0-346 Toledo Edison Co.
Davis-Besse - 1 3-24-71 4-22-77 33 yrs.11 mos'.
0-348 Alabama Power Farley - 1 8-16-72 6-25-77 35 yrs. 2 mos.
Date for full power authorization, O.L.
for 1% power issued 8/13/76.
A
, q.A-7 NUCLEAR UNITS ARRANGED CIIRONOLOGICALLY DY DATE OF OPERATING LICENSE EFFECTIVE LIFETIME NRC OF A 40-YEAR DOCKET COMPANY NUCLEAR UNIT DATE OF DATE OF OPERATING LICENSE
~
C.P.
O.L.
NUMBER 50-338 Virginia Electric North Anna - 1 2-19-71 11-26-77 33 yrs. 3 mos.
& Power Co.
'50-316 Indiana and Michigan Cook - 2 3-25-69 12-23-77 31 yrs. 3 mos.
Electric Co.
50-320 Metropolitan Edison Three, Mile Island - 2 11-04-69 2-08-78 32 yrs. 4 mos.
Co.
50-366 Georgia Power Co.
Hatch - 2 12-27-72 6-13-78 34 yrs. 6 mos.
50-368 Arkansas Power &
Arkansas Nuclear 12-06-72 7-18-78 34 yrs. 7 mos.
One-2 Light Co.
50-339 Virginia Electric &
North Anna - 2 2-19-71 10-11-80 30 yrs. 4 mos.
Power Co.
50-364 Alabama Power Co.
Farley - 2 2-16-72 10-23-80 31 yrs. 4 mos.
50-327 Tennessee Valley Sequoyah - 1 5-27-70 10-23-80 29 yrs. 7 mos.
Authority 50-369 Duke Power Co.
McGuire - 1 2-28-73 6-29-81*
31 yrs.10 mos.
50-311 Public Service Salem - 2 9-25-68 Expected 81**
Electric & Gas Date for full power authorization, O.L. issued on 4/18/80 for low power testing.
o 00Zero power O.L. issued 1/23/81.
A-8 b
NUCLEAR UNITS ARRANG CIIRONOLOGICALLY BY DATE OF OPERATING LICENSE EFFECTIVE LIFETIME NRC OF A 40-YEAR DOCKET COMPANY NUCLEAR UNIT DATE OF DATE OF OPERATING LICENSE NUMBER
_C.P.
O.L.
50-361 Southern California San onofre - 2 10-18-73 Expected 81*
50-328 Tennessee Valley Sequoyah - 2 5-27-70 Expected 81*
Authority 4
- O.L. 's have been Comntission Agenda items in 1981.
NUREG-0652, Vol. 1, No. 1, Facilities Source:
Compiled frora License Application Record, Data as of 4/1/81, NRC (1981); Commercial Nuclear Power Plants, Ed. No. 13,
)
NUS Corp. (1981); Actual Dockets of NRC; and, The Energy Daily (June 30, 1981).