ML20034A250

Environ Protection Plan (Nonradiological). Antitrust License Conditions & Amend 8 to Indemnity Agreement B-96 Encl

ML20034A250
Person / Time
Site:	Comanche Peak
Issue date:	04/17/1990
From:	NRC
To:
Shared Package
ML20034A221	List: ML20034A220 ML20034A222 ML20034A250
References
A, NUDOCS 9004200562
Download: ML20034A250 (20)

Text

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t APPENDIX B TO FACILITY OPERATING LICENSE NO. NPF-87 TEXAS UTILITIES ELECTRIC COMPANY COMANCHE PEAK STEAM ELECTRIC STATION UNIT'l DOCKET NO. 50-445

.. t ENVIRONMENTAL PROTECTION PLAN.

(NONRADIOLOGICAL) 4 i

1 9004200562 900417 B

PDR ADOCK 05000445 P

FDC

n Y

i COMANCHE PEAK STEAM ELECTRIC STATION.

UNIT 1; ENVIRONMENTAL PROTECTION PLAN (NONRADI0 LOGICAL).

TABLE OF CONTENTS I

Section

- P_ age

- t 1.0 Objectives of the Environmental Protection Plan..

1-1 2.0. Environmental Protection Issues................................-

2-1, l

2.1 Aquatic Issues..........................................

2-1 2.2 Terrestrial Issues......................................-

2-1 3.0 Consistency Requirements

...........................c.........

3-1 t

3.1 Plant Design and Operation..............................

3-1

3. 2 Reporting Related to the NPDES Permit and State Certification.....................................

3-1.

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-3.3 Changes Required for Compliance with 0ther Environmental Regulations..............................

1 3-2 4.0 Envi ronine nta l Co ndi ti ons.....................................

4-1 4.1 Unusual or Important Environmenta1LEvents...............-

.4-1 4.2 Environmental Monitoring.................................

4-1 5.0 Administrative Procedures....................................

5-1 i

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5.1 Review and Audit........................................

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5. 2 Records Retention.........................................

5-1 i

5. 3 Changes in Environmental Protection' Plan................

5 lt 5.4 Plant Reporting Requirements............................

5-1 1

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i 1.0 Object 1_ves of_the Environmental Protection Plan The purpose of the Environmental Protection Plan-(EPP) is to provide for protection of nonradiological environmental values:during operation of. the nuclear facility.

The principal objectives of the EPP are as follows:

(1) Verify that the facility is operated in an. environmentally acceptable manner, as established by the Final Environmental Statement Operating License Stage (FES-OL) and other_NRC environmental impact assessments.

(2) Coordinate NRC requirements and maintain consistency with other-Federal,-State, and local requirements for environmental protection.

(3) Keep NRC informed of the environmental effects of facility construction and operation and of actions taken to control those effects.

Environmental concerns identified in the FES-OL which relate to water quality i

matters are regulated by way of the licensee's NPDES permit.

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1 Appendix B - Comanche Peak 1-1 i

1 2.0 Environmental-Protection' Issues In the FES-OL, da'ted September 1981,.the staff considered the' environmental

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impacts-associated with the operation of the-two-unit Comanche Peak Steam-Electric Station (CPSES).

Certain environmental issues were identified which.

required study or license conditions to resolve environmental concerns and to

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assure adequate protection of the environment.

2.1 Aquatic Issues The aquatic issues identified by the State in the FES-OL were as follows:-

(1) Effects of the intake' structure on aquatic. biota during operation (FES-OL Section 5.5.2.3).

(2)- Effects of the circulating water chlorination system on aquatic biotal during operation (FES-0L Sections-4.2.4.1, 5.3.4.1, and 5.11.3.1).

- t The second issue'above, " Effects of the circulating' water' chlorination system on aquatic biota during operation (FES-OL Sections 4.2.4.1,~ 5.'3.4.1', and 5.11.3.1),"

no' longer applies because the service water and circulating water chlorination system is no longer.used at CPSES and the EPA NPDES permit no longer requires that~such a study be performed.

Aquatic matters:are addressed by the effluent limitations, monitoring. require-ments, and the Section 316(b) demonstration requirement contained in the effective NPDES permit issued by the U. S. Environmental Protection Agency (Region VI).

The NRC will rely on this agency for regulation of matters involving water quality and aquatic biota.

2.2 Terrestrial Issues The terrestrial issue identified by the staff in the FES-OL was as follows: >

(1) Potential-impacts resulting from the use of groundwater by the station I

during operation (FES-OL Section 5.3.1.2).

NRC requirements with regard to the terrestrial issue are specified in Subsection 4.2 of this EPP.

-i Appendix B - Comanche Peak 2-1 4

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3. 0 Consistency Requirements 3.1 Plant-Design and Operation j

The licensee may make changes in station: design or operation or perform tests or experiments affecting the environment provided such activities dc, not involve an unreviewed environmental question and'do not involve a change in-

-the JPP*.

Changes in station design or operation or performance of tests or-experiments which do not affect the environment are not subject to the-requirements of-this EPP.

Activities; governed by-Subsection 3.3 are not subject to the requirements of this Section.

Before engaging in additional construction or operational activities which may

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significantly affect the environment, the licensee shall prepare and record' an environmental evaluation of such activity.

Activities are excluded-from this requirement if all measurable:nonradiological envi_ronmental effects are.

confined-to the onsite areas-previously disturbed during site preparation and plant construction.

When the evaluation indicates that such activity-involves-an unreviewed environmental question', the licensee shall provide a written evaluation of such activity and obtain prior NRC approval.

When~such activityL involves a change in the EPP, such activity and change to the EPP may be implemented'only in accordance with an appropriate license amendment as set forth in Subsection 5.3 of this EPP.

A proposed change, test, or experiment shall be deemed to involve an unreviewed environmental question if it concerns:

(1) a matter which may result in a significant increase in any adverse environmental impact previously evaluated-in the FES-OL, in environmental impact appraisals, or in any decisions of the

.t Atomic Safety and Licensing Board; or (2)-a significant-change in effluents or power level [in accordance with 10 CFR-Part 51.5(b)(2)];;or (3) a matter, not previously reviewed and evaluated in the documents specified in-(1) of~

this Subsection, which may have a significant adverse environmental impact.

The licensee shall maintain records of changes in facility design or operation-and of tests and experiments carried out pursuant to this Subsection.-

These records shall include written evaluations which provide bases for~the determina-tion that the change,. test, or experiment does not involve an unreviewed enviro' mental question or constitute a decrease in the effectiveness of this n

EPP to meet the objectives specified in Section 1.0.

The licensee shall include:

as part of the Annual Environmental Operating Report (per Subsection 5.4.1) brief descriptions, analyses, interpretations, and evaluations of such changes, tests, and experiments.

3.2 Reporting Related to the NPDES Permit and State Certification Changes to, or renewals of, the NPDES permit or the State certification shall be. reported to the NRC within 30 days following the date the change or renewal' is approved.

If a permit or certification, in part or in its entirety, is appealed and stayed, the NRC shall he notified within 30 days following the date the stay is granted.

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• This provision does not relieve the licensee of the requirements of 10 CFR 50.59, Appendix B - Comanche Peak 3-1 1

The licensee shall notify the NRC of changes to the effective NPDES' permit-that are proposed by the licensee by providing NRC witti a copy of the croposed.

change at the sam,e time it is submitted to the permitting agency.

The licensee shall provide the NRC with a copy of the application for renewal of the NPDES' permit at the.same time the application is submitted to the permitting agency; 1

- 3. 3 Changes Required for Compliance with Other Environmental Regulations Changes in plant design or operation.and performance of tests or experiments which are required to achieve compliance with other Federal, State, and local-environmental regulations are not subject to the requirements of Subsection 3.1.

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i Appendix 8

-Comanche Peak 3-2

i 4 '. 0 Environmental Conditions'

.4.1' Unusual or Important Environmental' Events-Any occurrence of an unusual or'important event that indicates or could result in significant environmental impact causally related to plant operation shall be recorded'and: reported to the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />,'followed by.a written report

.per Subsection 5.4.2.

The following are examples of such events:

excessive bird' impaction events, onsite plant or animal disease outbreaks, mortality or unusual occurrence of any species protected by the Endangered Species Act of 1973, fish-kills; increase in nuisance organisms or conditions,.and unanticipated or emer-gency discharge of waste water or chemical substances.

l No routine monitoring programs are required to implement this condition.

4.2 Environmental Monitoring 4.2.1 Groundwater Levels and Station Water Use Monitoring-Groundwater levels in the onsite observation wells identified as 08-3 and 0B-4 in the FES-0L (Figure 4-3) shall be monitored and recorded _ monthly when the-groundwater pumpage_ rate by CPSES is less than or equal to 30 gallons per~ minute (gpm) and weekly when the CPSES average monthly rate exceeds 30 gpm for the:.

previous month. Water levels shall be read andsrecorded on approximately.the same day of the month when monitoring monthly and on the-same day of-the week when monitoring weekly (an aid in interpreting the results by minimizing the-influence of cyclic water use patterns of.the aquifer by others on the observed waterlevels).

A monthly record of the total number of gallons pumped.from each of the onsite production wells shall be maintained, including an average monthly pumpage rate in gpm.

A monthly record showing the rate and total amo'unt of surface water processed by the onsite water treatment facility shall.be maintained by the licensee on a j

monthly basis.

This record shall include the process rate _in gallons per minute and.the total amount in gallons.

4 The licensee shall include the results of this monitoring program as part of the Annual Operating Report (see Subsection 5.4.1),

4.2.2 Water Treatment Facility Outages Impact Assessment and Reporting The following outages of the onsite water treatment facility shall be reported.

to the NRC:

(1) Routine or unplanned outages that exceed-30 consecutive days.

(2) Any outage of at least 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> duration, beginning with the third 1

such outage in a calendar year, if these outages are accompanied by an increase in the monthly average groundwater pumpage_to a rate exceediar, 30 gpm. When it is determined that either routine or unplanned outages will exceed 30 consecutive days and when the groundwater pumpage rate will be greater than 30 gpm when averaged 'over the outage period, the licensee will prepare and submit a report to the NRC within 15 days a

Appendix B - Comanche Peak 4-1 i

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-afteria determination of the extended out' age is made.

This report shall include (1): a discussion of. the reason.for the extended outage, (2) the-expected duration of the outage,-(3)'an estimate of the date or the: time required to return the onsite water treatment facility to operation, (4) a determination of the potential for lowering the groundwater levels in offsite wells, (5) an assessment of the impact of the projected groundwater level decline, and (6) a proposed course of action to mitigate any adverse effects.

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Appendix B Comanche Peak 4-2 l

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'5.0- Administrative Procedures 5.1 Review and Audit The licensee shall provide for review and audit of com)liance with the' EPP. The audits shall be conducted independently of. tie individual or groups responsible for performing the specific activity. A description of the-organization structure utilized to achieve the independent review-and audit function and the results of audit activities shall be maintained and made available for inspection.

5.2 Records Retention Records and logs relative-to the environmental aspects of station operation-shall be made and retained in a manner convenient for review and inspection.

These records and logs shall be made available to NRC on request.

Records of modifications to station structures, systems, and components determined to potentially affect the continued protection of the environment-shall be retained for the life of the station.: All other records, data and logs relating.to this EPP shall be retained for 5 years _or, where applicable,- in accordance with the requirements of other agencies.'

5.3 Changes in Environmental Protection Plan Requests for changes in the EPP shall include an assessment of the environ;nental impact of the proposed change and a supporting justification.- Implementation of such changes in the EPP shhll not commence prior to NRC.aproval of the

-proposed changes in the form of a license amendment' incorporating the

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appropriate revision to the EPP.

5.4 Plant Reporting Requirements i

5.4.1 Routine Reports An Annual Environmental Operating Report describing implementation of this EPP i

for the previous year shall be submitted to the NRC prior to May 1 of,each.-

year. The initial report shall be submitted following issuance of the operating license. prior to May 1 of the year The period of the first report shall begin with the date of issuance of the operating license.

The report shall include summaries and analyses of the results of the l

environmental protection activities required by Subsection 4.2 of this.EPP for-the report period, including a comparison with related preoperational studies, 1

operational controls (as appropriate), and previous nonradiological environ -

mental monitoring reports, and an assessment of the observed impacts of l

plant operation on the environment.

If' harmful effects or evidence of trends toward irreversible damage to the environment are observed, the licensee shall provide a detailed analysis of the. data and a proposed course of mitigating action.

g Appendix B - Comanche Peak 5-1 d%

The Annual Environmental Operating Report shall also include:

(1) A list of EPP noncompliances and the corrective actions taken to remedy them.

(2) A list of all changes in station design or' operation, tests, and experiments made in accordance with Subsection 3.1 which~ involved a potentially significant unreviewed environmental question.

(3) A list of nonroutine reports submitted in accordance with Subsection

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5.4.2.

(4) A summary list of NPDES permit-related reports relative to matters iden-tified-in Subsection 2.1 which were sent to the U. S. Environmental Protection Agency Region VI during the report period.

In the event that'some results are not available by the report due date, the

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report shall be submitted noting and explaining the missing results.

The missing results shall be submitted as soon as-possible in li supplementary report.

5.4.2 Nonroutine Reports A written report shall be submitted to the NRC within 30 days of occurrence of a nonroutine event.

The report shall (a) describe, analyze, and evaluate the event, including extent and magnitude of the impact'and plant operating characteristics; (b) describe the probable cause of the event; (c) indicate the action taken to correct the reported event; (d). indicate the corrective action taken to preclude repetition of the event and to prevent similar

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occurrences involving similar components or systems; and_(e)1 indicate the agencies notified and their preliminary responses.

Events reportable under.this subsection which.also require reports to other Federal, State or local agencies shall be reported in accordance with those reporting requirements in lieu of.the-requirements of this-subsection.

The:

NRC shall be provided with a copy of such a. report at the same time it is sub-mitted to the other agency.

J Appendix B - Comanche Peak 5-2 t

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4 APPENDIX C TO FACILITY 0PERATING LICENSE NO NPF-87 COMANCHE PEAK STEAM ELECTRIC STATION-i UNIT 1 TEXAS UTILITIES ELECTRIC COMPANY-DOCKET.NO.-50-445

' j ANTITRUST CONDITIONS *

-l LICENSE CONDITIONS FOR COMANCHE PEAK STEAM ELECTRIC' STATION; UNIT NO.l1 1

• Theso are the Conformed Settlement License ConditionsLfiled in December 1980 i

which were approved May 6, 1982 by the administrative law judge presiding over the consolidated antitrust proceedings for Comanche Peak Steam Electric Station.

Although the text is identical, the sections have been renumbered for con-venience.

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A.

The following definitions apply to' paragraph B:

1.

" Applicants" means severally and jointly Texas Utilities Generating Company, Dallas Power & Light Company, Texas Electric Service Company, Texas Power & Light Company, Texas Utilities Company, and each other subsidiary, affiliate or successor-company now or hereafter engaged in the generation, transmission and/or the distribution of electric power in _the State of Texas.

2.

" North Texas Area" means the following Texas counties:.

Anderson, Andrews, Angelina, Archer, Bastrop,~Baylor, Bell, Bordon, Bosque, Brown, Burnet, Cherokee, Clay, Coke, Collin, Comanche, Cooke, Coryell, Crane, Culberson, Dallas, Dawson, Delta, Denton, Eastland, Ector, Ellis, Erath, Falls, Fannin, Fisher -Freestone, Gaines, Glasscock, Grayson, Henderson, Hill, Hood, Hopkins, Houston, Howard, Hunt, Jack, Johnson, Kaufman, Kent, Lamar, Lampasas, Leon, Limestone, Loving, Lynn, Martin, McLennan, Midland, Milam, Mitchell, Montague, Nacogdoches, Navarro Nol Rains, Reagan, Red Rlver,an, Palo Pinto, Parker, Pecos. Reeves, Rockwall, R Schackelford, Smith, Somervell,.Stephens, Sterling,- Tarrant,.

Terry, Tom Green, Travis, Upton,' Van' Zandt Ward, Wichita, i,

Wilbarger, Williamson,- Winkler, Wise, Wood, and Young.

3.

" Entity" means an electric utility which is a person, a private or oublic corporation, a governmental agency-or-authority, a municipality, a cooperative, or an association owning, operating or contractually controlling, or proposing.

.in good faith to own, operate, or contractually control, facilities for generation of electric. power and energy;-

provided, however,'that as used in-paragraphs B.1,-B.2, Bi7, B.9, B.10(a) and B.10(b), B.11, 8.12,' and B.13,_" Entity"-means an electric utility which is a person, a private or public corporation, a governmental agency or authority, a-municipality, a cooperative, or an association owning'or a

operating, or proposing in good faith-to own or operate,-

1 facilities for generation, transmission and/or. distribution H

of electric power and energy.

4.

" Entity in the North Texas Area".means:an Entity.which owns or 1

operates facilities.for the generation, transmission and/or distribution of electric. power in any area within the North Texas 1

Area.

i S.

" Bulk Power" means the electric power and/or electric energyi supplied or made available at transmission or subtransmission voltages.

1 6.

" Costs" means all appropriate operating and maintenance' expenses and all ownership costs where applicable.

7.

The terms " connection" and " interconnection" are used-interchangeably.

Appendix C - Comanche Peak 1

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8.

The Applicants defined in Paragraph A.I are subject to the= following antitrust conditions:

1.

The Applicant's shall afford an opportunity-to participate in the Comanche Peak Steam Electric Station, Units 1 and 2, for the term of the instant license, or any, extension or renewal thereof, o

1 to any Entity (ies) in the North Texas Area making a timely request l~

therefor, through a reasonable ownership interest in such unit (s) t on reasonable terms and conditions-and on a basis that will fully j

compensate Applicants for.their costs..It is1 understood that-any-request received prior to' December 1,1973, shall be deemed to be p

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In connection with'such participation, the Applicants also, i

will interconnect with and= offer transmission service astmay be i

required for delivery of such power to such Entity (ies) at'a point

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-or points on the Applicants' system on a basis 1that will. fully l.

-compensate the Applicants for their costsLincluding a reasonable return on investment.

Notwithstanding offer.of participation in-the December 1, 1973,.date.

appearing hereinabove, the Applicants Comanche Peak, Units 1 and 2, to Tex-La Electric Cooperative of-4 Texas, Inc..shall not obligate the Applicants; by virtue of.such offer,;to offer an opportunity;to. participate in Comanche Peak,-Units

~1 and 2, to any other Entity.

2.

The Applicants, as long as they-are members of the Texas Interconnected Systems (TIS),-shall support reasonable requests by Entities in-the North Texas Area having-generating: capacity'for-membership in TIS.

The Applicants shall'also propose and actively o

support, as long as they=are. members thereof, the creation of-one-or more additional classifications of TIS membership based on non-discriminatory criteria to afford access toidata,'. studies and recommendations to all' Entities'in the North Texas Area who desire.

membership.

The Applicants shall also supportErecuests by qualified-i Entities in the North Texas Area for membership in any:other electric utility planning or operating organization or offwhich the. Applicants L

are members (other than one involving only:the Applicants).

The i

Applicants shall share information with other: Entities with respect.

to, and shall, with-other such ~ entities through'any electric utility.

planning organizations (other-than one involving only the Applicants) of which the Applicants are members, conduct and/or participate in joint studies and planning of future generation, transmission and related facilities; provided, however, this condition shall not obligate the Applicants to conduct or participate in such joint-studies or joint planning-unless (1)-the studies or planning are requested and conducted in good faith and are based on-reasonably realistic and reasonably complete data or projections, (2) the studies or planning are reasonably justified on the basis engineering principles, (3) appropriate protection is acco;of sound 2

rded proprietary or other confidential business and financial information, and (4) the costs for such studies or planning are allocated on a fair and equitable basis.

l Appendix C - Comanche Peak 2

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i 3.

The Applicants will connect with, coord'inate reserves, and sell, purchase or exchange emergency and/or scheduled maintenance bulk power with any Entity (ies) in the North Texas Area on terms that will provide for the Applicants' costs, including _a reasonable' return on investment, in connection therewith and allow such Entity (ies) ful1~

access to the benefits of such reserve coordination.

4.

Emergency service and/or' scheduled maintenance servic'.to be provided e

by each party shall_be furnished to the fullest extent available from; the supplying-party and desired by the party in need; -1f requested..

Applicants-shall exchange maintenance schedules with any Entity in the North Texas Area.

The Applicants and'each such Entity (ies) shall:

provide to the other emergency service and/or scheduled maintenance-service if and when-available to the extent they can do.so without; unreasonably impairing service to their customers including other electric systems to whom they have-firm commitments.

Any curtailment or refusal to provide such emergency and/or scheduled maintenance-service shall be on a non-discriminatory basis.-

3 5.

The Applicants and the other party (ies)-to a reserve sharing arrange -

i ment-shall from time to time jointly establish the minimum reserves 4

to be installed and/or provided under contractual arrangements as necessary to maintain in total a reserve margin sofficient to' provide adequate reliability.of' power supply to the interconnected systems of-the parties in accordance with good industry practice.as developed.in -

the area.

Unless otherwise agreed upon, minimum reserve requirements' i

shall be calculated as-a percentage of each party's estimated net peak load demand (taking into account firm sales-and: firm purchases).-

j No party to the arrangement shall be

required to maintain greater 1

reserves than the percentage which results from the aforesaid calcula-tion. The reliability of power-delivered into TIS-ERCOT over DC-l asynchronous connections shall'not be treated: differently b Applicants, for purposes of spinning and' installed reserve.y the-1 calcula -

tions and requirements, than would be.the case :if such power.

originated within TIS-ERCOT.

Outages on'DC-asynchronous _ connections-shall be treated by the Applicants _the same asalosses of' generation within TIS-ERCOT.

The-Applicants agree to support the adoption of principles involving DC asy.nchronous connections contained in this 1,

paragraph within any TIS or ERCOT organization.

4 6.

The parties to such a reserve sharing' arrangement'shall. provide such-amounts of spinning reserves as may be equitable and~ adequate to; D]

avoid the imposition-of unreasonab.le1 demands on the other party (ies) 1 in meetin system (s)g the normal contingencies.of operating its (their)-

However, in no circumstances,shall such reserve require-ment exceed the installed reserve requirement.

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7.

Interconnections with any Entity will not be limited to low voltages when higher-voltages are requested and are available from the Applicants' installed facilities in the area where a connection is-desired, when the proposed arrangement is found to be technically-and economically feasible.

Control and-telemetering facilities i

shall be provided as required for safe and prudent operation of the interconnected systems.

i Appendix C - Comanche Peak 3

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, 8.

_Jnterconnection and coordination' agreements shall'not embody any restrictive provisions pertaining to:intersystem coordination.

Good industry practice as. developed in the area from time to time (if not unreasonably restrictive) will satisfy:this provision.-

b 9.

The Applicants shall participate in and-facilitate the exchange of-j bulk power by transmission'over the Applicants' transmission-facilities between or among two or. more Entities in the North. Texas.

Area with which-the. Applicants are connected, and between any such

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Entity (ies) and any Entity (ies) outside the. North. Texas Area between.

t whose facilities the Applicants' transmission lines'and other 5

transmissionilines, including any direct current (asynchronous)-

1 transmission lines, form a continuous electrical path; provided,.

that (i) permission to utilize.such other transmission lines has been requested by the proponent of the-arrangement,-(ii) the;

'arrang'ements reasonably can be accommodated from a functional and' technical standpoint,.and (iii) anyLEntity(ies) requesting such a

transmission arrangements shall have given Applicants reasonable advance notice of its (their) schedule.and' requirements.

Such-transmission shall'be on terms.that fully compensate the Applicants; for their! costs including a reasonable return on investment;L..

provided, however, that such transmission services and the rates to 3

be charged-therefor:shall-be subject to-any regulatory agency (ies) having jurisdiction then eof.

The Applicants shall not refuse to provide such transmissioniservice merely because the rates to be chargedtherefor~arethesubjectofdisputewithsuchiEntity.

TheJ Applicants shall not be' required to enter into any-arrangement; which would unreasonably impair;systemLreliability or. emergency transmission capacity, it being: recognized that while:some trans-mission may be operated fully loaded, other transmission mayLbe for-emergency use and operated either unloaded'or partially' loaded.

(The foregoing applies to any Entity (ies) to which the' Applicants may be connected in the future as well as.those to which they are now connected).

i 10(a)

The Applicants shall include in their planning andi t

construction programs sufficient. transmission capacity as required for the transactions referred to in paragraphs B.9.and B. H,.provided any Entity (ies) in the North' Texas Area gives the Applicants sufficient advance notice as may be necessary.to accommodate its (their) requirements from.a functional -and :

technical standpoint and that-such Entity (ies)-fully compensates l

the Applicants for their costs including a reasonable return l

on investment.

The Applicants shall not be required to i

construct transmission facilities if construction of such L

facilities is -infeasible, or if such would unreasonably impair

'l system reliability or emergency, transmission capacity.. In.

1 connection with the performance of their obligations above, the Applicants shall not be foreclosed from requiring a reasonable ~

contribution in aid of. construction or from making-arrangements W

for coordinated construction of future transmission lines such-that each of the parties to the transaction would own an interest 1

in or a segment of the transmission addition in proportion to Appendix C - Comanche Peak 4

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o its share of the cost of the: addition.

Any such contribution ma'de in aid of construction or ownership interest shall be properly credited in determining any wheeling charges.

If the-Applicants engage in joint. ownership of.. transmission lines with any other Entity.they shall not refuse-to engage in similar transactions in comparable circumstances with other Entities, subject to the provisions limiting the Applicants'-

obligation 1 above.

10(b)

Applicants shall provide other Entities with reasonable access to any futura interstsce interconnection facilities which Applicants =may cwa, on terms and conditions comparable to the provisions of paragraph B.9 hereof, Land subparagraph 10(a)..

11.

The Applicants shall, upon reasonable advance notice, sell' full-and partial requirements: bulk power to requesting Entities in the North Texas Area having,-on:the date of this license, non-aggregated generating capacity of less than 200 MW (including no generating capacity) under reasonable terms and conditions which shall provide.

for recovery of Applicants' costs, including a-reasonable return on investment.

The Applicants shall not be required'to'make any such sale _if they do_not have available sufficient bulk power or adequate transmission to provide the requested service or if the sale would{

impair their ability ~to render adequate and reliable service to their.

own customers or their-ability to discharge prior commitments.-

12(a)

In connection with the. performance of,their-obligations herein-and subject toithe provisions of this.

will not disconnect from cr refuse to' paragraph,_ the Wicants connect their t

-existin or proposed facilities with the' facilities of any Entity, used; g or proposed to be _used for the transmission of electric energy in interstate commerce by reasonL of. the interstate character ofi such facilities, and the Applicants.Wil1Jnot prevent any Entity with which they maintain connection from establishing,-

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maintaining, modifying, or utilizing a connection with facilities

_j used or proposed to be used for the transmission of electric 1

energy in~ interstate commerce'by1 reason of the interstate character of such facilities,_provided that, anything in these

' l license conditions-to'the contrary notwithstanding (but subject.

to paragraph 12(b) and 12(d)' below), any EntityLseeking to estab-lish, maintain. modify or utilize any connection _which could-1' affect the'nonjurisdictional status of:the Applicants under the

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Federal Power Act shall have filed'an application with~and used its best efforts to obtain an order from the Federal Energy Regulatory Commission, applicable to the Applicants under; Sections 210, 211, and 212 of such Act, requiring:the establish-ment, maintenance, modification or utilization of such connection. 'In the event that an Entity. files anfApplication 1

1 pursuant to this subparagraph.the Applicants agree that they 4

will not unreasonably oppose a,ny such application.

In the event j

such application is denied by a valid order of the Federal

-i Energy Regulatory Commission, any continuing refusal by the i

Applicants to establish, maintain, modify or utilize such

. Appendix C - Comanche Peak 5

b

-connection _with such Entity shall.fbe.. subject.to review by the; NRC in accordance with the Atomic Energy Act of 1954, as amended,_

and the rules and regulations thereunder, to determine whethers any such refusal.would create on-maintain a-situation incon-sistent with the antitrust: laws:or the pol.icies thereunderlin accordance with the standards set forth in Section 105 of such Act;-provided that all factual determinations'by the FERC onLany-cost or system reliability reason (s) for any such refusal shall not be' subject to redetermination by the NRC. 'The. burden of-proof will be on the Applicants in such NRC proceeding..

12(b)

Applicants shall not enter.into or maintain any agreement ~or understanding with any other Entity (ies) to refuse to deal with another Entity (ies) with the purpose of maintaining a:

non-jurisdictional status underithe Federal l Power Act, and in:

the event that Applicants refuse to make aniintenonnectionL withorchoosetodisconnectfromanyEntity(ies),such decision and/or action by the-Applicants will be undertaken unilaterally, not jointly, and without consultation with any other Entity (tes), provided, however,;that after Applicants decide to undertake such action, they may notify any.affected

Entity.

12(c)

In the event that.an Entityffiles an application pursuant.toi subparagraph 12(a). solely by. reason of.the. Applicants' desire to maintain their non-jurisdictional status under the:

Federal Power Act; Applicants agree'to pay such Entity's reasonable expenses o

ensuingproceeding,gnconnectionwithsuchapplicationandthe.

Lprovided,;however, that' Applicants shall not be required to pay-for any. expenses of such Entity, if that Entity's application is denied by FERC for reasons, advocated by Applicants at FERC, and provided further, that..

Applicants shall not.be required to paysfor any expenses of L

such Entity which that Entity would-have: incurred had it not.

filed an application solely by reason of Applicants'Jdesire

(

to maintain their non-jurisdictionalsstatus under the Federal Power Act.

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12(d)

Nothing in these License Conditions 1shall1 impair the right of'-

the Department of Justice;or any other Entity, public or private; to file an' antitrust:actionLin any Federal Court in j

~

the event-any Applicant refuses'to establish, maintain,-

1 modify or utilize'any connection with any Entity (ies),.

l provided, that nothing herein shall preclude any Applicant.

1 from raising any legal'or equitable defense;that'may'be-l available to it.

l d

y This obligation shall not apply to the expenses of the; Central & South-l West Corporation or Houston Industries or any of their. respective 4

subsidiaries, including, but not~ limited to, the expenses of Central &-

l South West Corporation and any of its subsidiaries incurred in FERC Docket EL79-8.

H q

Appendix C - Comanche Peak 6

ll i

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,c i

13., Applicants agree to use their best efforts to-amend any agreements with all Entities.to ensure that such agreements'are not inconsistent-

~

with paragraphs B.12(a) and 8.12(b) above.-

14.

The Applicants will, in i.:cordance with applicable law, allow ownership participation'in future nuclear generating facilities 1

which they may construct, own,-and operate in the State of Texas on conditions similar to these License Conditions.

l15.

Applicants shall use their best efforts to modify the Offer of-Settlement filed in FERC Docket No. EL79-8 to include each of the

~;

undertakings set forth in.the letter agreement among Applicants,.

Central & South West Corporation, Houston Lighting & Power Company.

and the FERC Staff dated September 11, 1980;. Applicants shall-thereafter use their best offorts to secure approval thereof'by the.-

FERC, and shall abide by any valid order (s) of.the FERC issued pursuant to the 0ffer of Settlement.

Nothing.herein shall preclude the Department of Justice from instituting or 'itervening in-any proceeding at FERC, including FERC Docket No. Lc79-8, and from:

presenting such arguments and evidence thatcit deems appropriate.

16.

The foregoing conditions shall be implemented i) in a manner consistent with applicable Federal,! state and: local statutesiand

. regulations and ii) subject to any regulatory agency having.

jurisdiction.

Nothing herein shall-preclude the Applicants from seeking an exemption or other relief to which they may be entitle'd-under applicable law or shall be construed as a waiver of thei'r right to contest the applicability of the license conditions with respect to any factual situation.-

d i

t Appendix C - Comanche Peak 7

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NUREG--0797 Supplement No. 24-i Safety Evaluation Report related to the operation of Comanche Peak Steam Electric Station, Units 1 and 2 Docket Nos.-50-445 and 50-446 Texas Utilities Electric Company, et al.

l U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation April 1990 ky 0,

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' UNIT E D STATES

.k NUCLEAR REGULATORY COMMISSION l

ll WASHINGTON, D, C 20$55 -

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April 17, 1990 q

' Docket No. 50-445 9

Amendment to indemnity Agreement No.' B Amendment No. 8 t

Effective April 17, 1990

,indemnityAgreementNo.-B-96,between. Texas Utilities Electric Company, Texas Municipal' Power Agency and the Nuclear

. Regulatory Commission,. dated February 14,.1983, as amended, is.hereby.

.further amended'as followsi Item 3 of the Attachment to the. indemnity agreementiis deleted in its:

. entirety:and the following-substituted therefor:-

= Item 3?- License Number or Numbers SNM-1912 (From-12:01 a.m., February 14,1983, to

_12 midnig t, February 7,1990 ~

inclusive SNM-1986 (From 12:01 a.m., September 27,L1989)

NPF-28

- (From 12:01 a.m., -February 8,1990, to 12 midnight, April. 17,=1990.

i inclusive) i

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NPF-87L (From 12:01 a.m., April '17,1990L

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FOR THE U.S. NUCLEAR REGULATORY COMMISSION l

Martin (_yirgil%, Chief

-Policy Development and. Technical Support Branch I

Program Management, Policy Development and Analysis Staff

.i Office of Nuclear Reactor Regulation Accepted

, 1990-Accepted 1990 f

i By By Texas Utilities Electric Company Texas Municipal Power Agency.

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