ML20032B231
| ML20032B231 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 10/30/1981 |
| From: | Castellini R, Dickhoner W, Murray S CINCINNATI GAS & ELECTRIC CO., CINCINNATI, OH |
| To: | |
| References | |
| NUDOCS 8111050323 | |
| Download: ML20032B231 (12) | |
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00CMETED U.3HRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION.
5.5 im -3 hiO:59 OFFICE 0F SECEETM" 00ChETiG c. EEFN;?.
In the Matter of
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The Cincinnati Gas & Electric
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Docket No. 50-358 Company, et al'.
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Wm.
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Zimmer Nuclear Power 8/
7 Station
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SETTLEMENT AGREEMENT 3
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The following la hereby stipulated, settled a'
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o by The Cincinnati Gas & Electric Company (" Company") as an owner and the operator of the Wm.
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Zimmer Nucivm Power Station
(" Static 1"),
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for itself and as agent for The Dayton Power-and Light ( <--
and Columbus and.' Southern Ohio Electric Com-pany with respect to the Station; and by the City of Cincinnati
( "C ity" ), in consideration of the mutual promises, covenants and agreements contained herein and to be effective as provided herein:
1.
The Company, at its expense, and prior to the reactor being made critical, shall provide, install, test, and render operable a telemetry system capable of transmitting by means of l
bSD radio signal the following data: a) wind direction; b) wind g
speed; c) differential temperature; d) Pasquill stability class;
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l c) primary containment high range radiation level; f) primary containment post accident radiation level; g) secondary contain-l 1
ment radiation level; h) standby gas treatment stack radiation Oochg PDR
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' level; i) main plant vent stack radiation _ level; j) service water discharge radiation level; k) fifteen (15) station ring monitor radiation levels; and receiving and permanently recording this data at the City's Columbia Control Center.
The data will be transmitted upon demand if any Emergency Action Level of the lowest emergency classification defined in the Wm.
Zimmer Nuclear Power Station Emergency Plan has been reached H.
and if any of the corresponding four emergency classifications declared.
Notification that such an Emergency Action Level has been reached will be provided via a signalling system to be installed by the Company.
Except as provided in paragraph 2 below, if none of the Emergency Action Levels has been reached, a message will be transmitted which indicates that items e through k above read less than the predetermined emergency action' level of the lowest emergency classification.
2.
The Ccmpany, at its expense, and prior to the reactor being made critical, shall provide, install, test and render
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t operable a system capable of transmitting by means of a radio t'
i signal that data which is acquired by the Station's service I
water discharge radiation monitor and receiving, displaying and permanently recording this data at the City's Columbia Control Center.
If such monitor would otherwise read lower than the E
equivalent of one-half of the Emergency Action Level for the
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lowest emergency classification for the service water discharge
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radiation monitor as contained i.n the Zimmer Emergency Plan 5
(" fixed lower limit"), then the fixed lower limit shall be dis-1 played and recorded.
If the service water discharge radiation 4
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monitor'raacg above the fixed' lower limit, the actual value shall be dishlayed and recorded and the City shall be granted access to the-data stored in the system described in Paragraph 1 relating to service water discharge radiation level, which data will be availat te to the sensitivity of the measuring instru-ment.
The City shall make no changes, adjustments or modifica-tion-this equipment or utilize the signal in any manner so as to attempt to receive or record a reading lower than other-wise permitted by this-paragraph without the prior written con-sent of the authorized representative of the Company.
3.
The Company, at its expense, and prior to the reactor being made critical, shall provide and deliver to the City at a location desi.gnated by the Director of the City of Cincinnati Water Works (" Director"), equipment with the capability of continuous gamma radiation monitoring for installation by the City at the raw water intake facilities of the California Water Treatment Plant.
The Company shall further provide at.its expense associated data conditioning equipment, tone transmitting and receiving equipment, and recording equipment required for a telemetry system between the California Water Treatment Plant and the Columbia Control Center using an existing wire line channel for communications between these two locations which is leased and shall continue to be leased by the City.
Such equipment shall incorporate circuitry for actuating visual and audible alarms to be provided by the City.
4.
The Company shall, prior to loading fuel into the re-actor of the Station, purchase, install, test, render operable 1
and maintain, atoits own expense microwave multiplex equipment, related telephone terminal equipment, and data modem at the Columbia Control Center compatible with communications equipment to be installed at the Station to inform the City of any abnor-mal or emergency situation related to the operation of the Station.
5.
The City shall provide locations, including adequate
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panel space and electrical service, suitable for the installa-tion of the equipment described in Paragraphs 1-4 above.
The City shall provide a suitable location with appropriate access thereto of sufficient size and relationship to the Columbia Con-trol Center to be used by the Company for the construction, operation and maintenance of a microwave relay tower and related equipment.
It is. expressly understood that the systems de s-cribed in Paragraphs 1-4 may share components.
The Company and the City shall make all reasonable efforts to' cooperate with re-a gard to all aspects of this Settlement Agreement, j
6.
The testing, good working order, maintenance and re-placement of equipment described in Paragraphs 1-3, above, shall be the responsibility of and at the expense of the party in pos-
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i session of such equipment.
The Company and the City shall use reasonable efforts to assure the good working order of the equipment described in Paragraphs 1-4 for which it has responsibility for maintenance pursuant to this Agreement.
If requested by the Director or his designee, the Company will supply the names of qualified maintenance organizations which i
the City may contract with to provide maintenance services or i
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the Company will maintain the equipment supplied by it in the City's possession for a fee which will reimb'urse the Company for its costs in providing such service.
The Company shall, how-
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ever, at no expense to the City, once each refueling cycle, cal-ibrate the continuous gamma radiation monitoring instrument which is installed in the City's California Water Works if such' t
instrument has otherwise been placed in good and~ proper working order by the City.
7.
Representatives of both parties shall retain the right, upon proper notification and at reasonable times and intervals, and subject to all present and future regulatory and Company requiremenes for safety and industrial security, to inspect the equipment described in Paragraphs 1-4 to assure proper working order.
8.
With regard to the water transport of spent nuclear fuel or other radioactive wastes from the Station on the Ohio River (water transport):
(a) the Company shall give written notice to the Superintendent or his designee by personal delivery, registered-mail or telegraph calculated to arrive at least onn week in advance, of the scheduled date and time of any water transport.
i (b) the Company shall witnin an hour notify the
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Director if any accident with any potential of radioactive i
i release occurs during water transport.
As soon as the situation i
permits, the Company shall transmit as complete and accurate an 4
i assessment of the situation as can be obtained and shall l
continue to Peep the City notified.
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(c) prior to water transport, the Company shall own or have available to it portable equipment necessary to effectively monitor possible radioactive leakage appropriate to the source from a water transport accident, and shall have available to it equipment necessary to recover radioactive material from the water expediticusly, and shall have arrangements with proper authorities in case of a water transport accident.
9.
Composite water sampling and analysis at the service water discharge line and at the Cincinnati Water Works raw water intake (in accordance with the NRC operating license) shall continue throughout the operating life of the Station and results shall be promptly furnished to the Director.
Grab samples at the discharge of the settling basin shall be taken and analyzed on a weekly basis and shall continue throughout the operating life of the Station, and the results shall be furnished to the Director.
In addition, all sampling, monitoring, and the communications system provided for in this agreement shall continue throughout the operating life of the Station, unless otherwise subsequently changed pursuant to Paragraph 16.
10.
A copy of all reports relating to routine discharges of linuid radioactive effluents, and of all non-routine reports, letters, or written communications, related to discharges of liquid radioactive effluents into the Ohio River, sent to the in accordance with the NRC operating license, shall be NRC c
transmitted to the Director.
11.
Reasonable notice shall be given to the other party of
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any modification to or replacement of the equipment discussed in l
Paragraphs 1-4.
No modification to or replacement of such equipment shall be made without the written consent of the authorized representatives of the other party if such modifica-tion or replacement would be incompatible with or adversely j
af fect performance of equipmen' a ?
sdy installed.
12.
Procedures acceptable to representatives of the Company and the Director shall be developed:
(a) to allow the City to determine the validity of any
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data or alarm indication, including a non-functional status, re-i ceived on its instrumentation and to give the. City advance noti-fication of testing and information regarding the functior.ing and availability of the installed system.
Such procedures shall require that prior to taking any action other than internal pre-paration based upon the data from equipment provided by the Com-i pany in accordance with paragraphs 1-4, above, the City shall make all reasonable efforts to verify the accuracy and validity of such data with the Station.
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(b) for the equipment inspection discussed in Para-graph 7.
(c) for communications regarding any abnormal or emer-gency situations potentially involving the City's water supply in ?aragraph 4.
(d) prior to water transport, regarding emergency plans and arrangements for notification of the City of Cincinnati.
This provision shall not be construed to limit or modify any of
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the other provisions of this Settlement Agreement relating to procedures specifically established therein.
13.
By executing this Settlement Agreement neither party acknowledges or admits the correctness of any other party's position on any matters related to this proceeding or any other proceeding regarding the Station.
14.
The City, for itself, waives any claim, action or suit against the Company and the other owners of the Station, their officers, directors and employees, jointly and severally, for any loss, damage, cost or expense which may be incurred by the City or its employees (including but not limited to any such loss, damage, cost or expense arising out of personal injury, death to any person or persons or by reason of damage or disso-lution of any property or the loss of use of any property),
which results from the use by the City, its agents cr employees of any equipment furnished pursuant to this Settlement Agree-ment, any information or data provided by or derived from such equipment, failure of such equipment to provide any information i
or data, or from assistance, information, services or advice furnished by the Company pursuant to this Agreement, except and to the extent any such claim, action or suit is the result of the negligence of the company and/or other owners of the t
f Station, their officers, directors and employees, and except and to the extent any such claim, action or suit which arises out of t
any willful act of the Company, its agents, or employees or the other owners of the Station, their officers, directors, employ-ees or agents, which willful act is in violation of the terms of E.
this Agreement, and except and to the extent any such claim, i
action or suit is the result of the failure of the Company' to exercise reasonable care in assuring the good working order of the equipment, described in Paragraphs 1-4, for which it-has-responsibility for maintenance pursuant to this Agreement.
Notwithstanding the foregoing, the Company shall have no duty to advise the City on City's interpretation or use of any information or data provided by or derived from such equipment.
15.
This Settlement Agreement shall nct inure to the bene-fit of any third party nor shall it be construed to create or-enlarge upon the rights of third parties, the sole purpose of this agreement being to establish the rights, duties and obliga-tions of the parties hereto, each to the other.
16.
This Settlement Agreement supersedes all prior repre-sentations, negotiations and understandings of the parties here-to, whether oral or written, and constitutes the entire agree-ment of the parties with respect to all such matters hereof.
This Settlement Agreement shall not be changed or superseded, except by mutual agreement in writing signed by the duly author-ized representatives of the City and the Company.
This Setticment Agreement shall be binding on and inure to the bene-fit of any successors or assigns of the parties.
It is expressly understood, however, that nothing in this Settlement Agreement shall prevent the Company from fulfilling any require-ment of the Nuclear Regulatory Commission ("NRC"), or its j
successor, whether contained in the NRC Operating License or other letter or directive of such Commission, its successor or its representatives, whether oral or in writing.
r 17.
The Company shall inform the City of any significant changes in (a) the Station Emergency Plan, (b) data being pro-vided to the affected ' jurisdictions within the Zimmer Emergency Planning Zone (including the States of Ohio and Kentucky) similar to that provided to the City pursuant to Paragraph 1 of this Agreement, (c) Federal emergency planning requirements or guidelines which affect offsite planning for the ~ Station.
The Company or the City may recommend any changes to this Settlement Agreement which become necessary or desirable as a result of changes in items (a)-(c)'above.
The City and the Company shall negotiate in good faith to implement any mutually agreed upon reasonable changes or resolve any disagreements regarding any such changes to this Settlement Agreement.
18.
Upon execution of this Settlement Agreement by both parties, the City shall promptly take all steps necessary to withdraw from the Nuclear Regulatory Commission Operating License proceeding and to have its contentions dismissed with i
prejudice.
This Settlement Agreement shall become effective for all other purposes when it is approved by the presiding Atomic Safety and Licensing Board of the Nuclear Regulatory Commis-sion.
19.
Upon approval by the Atomic Safety and Licensing Board of this Settlement Agreement which dismisses the City and its contentions, the City shall not seek to f.rther participate in the proceeding for the issuance of the Operating License.
The City shall further take no action directly or collaterally to oppose issuance of the Operating License for the Station.
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-20.
In the event that the Company fails to meet the rahed-
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ule for installation of equipment contained in Paragraphs 1-4 and such failure is caused by factors beyond the reasonable con-trol of the Company under - all c. the circumvtances, including, but not limited to fires, strikes, lock-outs, Acts of God, or official action or inaction by governmental bodies, or in the event that a supplier fails to meet deliveries for reasons beyond the reasonable control of the Company, then the Company shall be relieved of its obligation for each day of delay caused by raid reasons; provided, however, that the Company shall only be entitled to the benefits of this provision if it submits a written report to the City within ten (10) days of the Company's knowledge of the occurrence of each such cause.
21.
It is expressly understood and agreed that the terms and conditions of this Settlement Agreement were based upon dhe Company's representation chat the Station is designed so that it will not discharge liquid radioactive vaste material into the receiving waters of the Oh'io River either directly or. indirectly from any point source other than its Service Water discharge.
22.
This Settlement Agreement will be simultaneously exe-cuted in three counterparts, each of which when so executed shall be deemed to be an original; but such counterparts shall together constitute but one and the same agreement. _
23.
The undersigned represent that they are authorized to execute this Settlement Agreement on behalf of their respective party.
FOR THE CINCINNATI GAS &
i ELECTRIC COMPANY:
Date:
/$~SO~Sl William H.
Dickhoner, President FOR HE CITY OF CINCINUMI:
Date:
0 ' S 0. W {
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/S ester Murray, City M ager 9/ k Date:
e Richard A. Castellini, City Solicitor I
Approved:
ror th mic Safety and Licensing Board Date:
0,.4 a (, e 30, liGrl i
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