ML20037D590

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Amends 22 & 4 to Licenses NPF-2 & NPF-8,respectively, Revising Tech Spec Re Changes to Antitrust Provision of Each License Per Aslab in 810630 Decision
ML20037D590
Person / Time
Site: Farley  Southern Nuclear icon.png
Issue date: 08/10/1981
From: Eisenhut D
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20037D591 List:
References
NUDOCS 8108270764
Download: ML20037D590 (8)


Text

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t ALADNIL POWER COMPANY DGCKET HO. 50-348 JOSLPH M. FARLEY NUCLEAR PLANT, UNIT NC. ' 1 NiENDMENT TO FACILITY OPERATING LICENSE Aner.dment No. 22 License No. HPF-2 1.

Pursuant to a " Decision" issued by the Atomic Safety and Licensing Appeal Boarv, dated June 30, 1981 (ALAB-646) the license is amended.

A.

The airendnent complies with the standards and requirements of the

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Atonit. Energy Act of 1954, as amended (the Act) and the Comission's i

rules and regulations set forth in 10 CFR Chapter I; B.

The facility will operate in conformity with tne license, as amended, the provisions of the Act, and tae rules and regulations of the Connission; C.

There is rea3anable assurance (1) that the activities authorized by this amencment can be conducted without endaagering the health and safety of +.he public, and (ii) that such activities will be l

conducted in complience with the Comission's regulations;.

D.

The issuance of this amenchr.ont will not be inimical to the comon defense and security or to the health and safety of the public; and E.

The issuance of this amendment is in accordance with 10 CFR Part 51 of the Comission's regulatio.n and all applicable requirements l

have been satisfied.

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Accordingly, the license is amended by changing section 2.F. of Facility Operoting License No. NPF-2 to read as follows.

2.F. Alabag.o Power Company (tne Licensee) snall meet the tollowing antitrust conditions:

(1) Licensee shall recognize and accord to Alabama Electric Cooperative (AEC) the status of a competing electric utility in central and southern Alabama.

(2) Licensee shall offer to sell to AEC an undivided ownership interest in Units 1 and 2 of the Farley Nuclear Plant. The percer.tage of ownership interest to be so offered shall be an anount based on the relative sizes of the respective peak loads of AEC and the Licensee (excluding from the Licensee's peak load that amount imposed by members of AEC upon the electric system of the licensee) occur-ing in 1976. The price to be paid by AEC for its proporcionate share of Units 1 and 2, determined in accordance with the foregoing formula, will be established by the parties througn good faith negotiations.

The price shall be sufficient to fairly reimburse Licensee for the proportionate share of its total costs related to the Units 1 and 2 incl ding, but not limited to, all costs of construction, installation, ownership and licensing, as of a date, to be agreed to by the two parties, which fairly accommodates both their respective interests.

The offer by Licensee co sell an undivided ownership interest in Units 1 and 2 may be conditioned, at Licensee's option, on the agreement by AEC to waive any right of partition of the Farley Plant and to avoid interference in the day-to-day operation of the plant.

(3) Licensee will provice, under contractual arrangements between Licensee dnd AEC, transmission services via its electric system (a) from AEC's electric system to AEC's off-system members; and (b) to AEC's electric system from electric systems other than Licensee's, and from AEC's electric system to electric systems other than Licensee's.

The contr ctual arrangements covering such transmission services shall ;,norace retes and charges reflecting conventional accounting and ra.emaking concepts followed by the Feoeral Energy Regulatory Coumission (or its successor in function) in testing the reasonableness of rates and charges for transmission services. Such contractual aerangements shall con" sin provisions protecting Licensee against economic detrLaent resulting from transmission line or transmission losses associated therewiti..

(4) Licensee shall furnist: such other bulk power supply services as are reasonably available from its system.

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. (5) Licensee shall enter into appropriate contractual arrangenents amending the 1972 Interconnection Agree:nent as last an. ended to provide for a reserve sharing arrangement between Licensee and AEC under which the Licensee will provide reserve generating capacity in accordance with practices applicable to its responsibility to the operating companies of the Soutnern Company System. AEC shall naintain a minimum level expressed as a percentage of coincident peak one-hour kilowatt load equal to the percent reserve level similarly expressed for Licensee as detemirad by the Southern Company System under its minimum reserve criterion then in ef fect. Licensee shall provide to AEC such data as needed from time to time to denonstrate the basis for the need for such ninimum reserve level.

(6) Licensee shcIl refrain from taking av steps, including but not limitsu to the acoption of restrictive provisions in rate filings or negotiated contracts for the sale of wholesale power, that serve to prevent any entity or group of entities engaged in the retail sale of fica electric power from fulfilling all or part of their bulk power requirements through self-generation or through purchases from some other source other than licensee. Licensee shall further, upon request and subject to reasonable tems and conditions, sell partial requirements power to any such entity. Nothing in this paragraph shall be construed as preventing applicant from taking reasonable steps, in accord with general practice in the industry, to ensure that the reliability of its system is not endangered by any action called for herein.

(7) Licensee shall engage in wheeling for a".d at the request of any municipally-owned distribution system:

(1) of electric energy from delivery points of licensee to said distribution System (s); and (2) of power generated by or available to a distribution system as a result of its ownershio or entitlement

  • in generating facilities, to delivery points of lecensee designated by the distribution system.

Such wheeling services shall be available with respect to any unused capacity on the transaission lines of licensee, the use of which will not jeopardize licensee's system. The contractual arrangenents

',overing such wheeling services shall be determined in accordance with c

he principles set forth in Condition (3) herein.

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  • "Entitiement" includes but is not limited to power made available to an entity pursuant.to an exchange agreement.

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g y The Licensee shall make reasonable provisions for disclosed transmission requirements of any distribution system (s) in planning future transmission.

By " disclosed" is meant the giving'of reasonable aavance notification of future requirements by saio distribution system (s) utilizing wneeling services to be made available by Licensee.

(8) The foregoing c'>nditions shall be implemented in a manner consistent with the provisions of the Fedcral Power Act and the Alabama Public Utility laws and re{tulations thereunder and all rates, charges, services or practices in connection therewith are to be subject to the approval of regulatory agencies having jut isdiction over them.

3.

s license amendment is effective as of the date of its issuance.

FOR THE NUCLEAR REGULATORY COINISSION Original signed by Darrell G. "1senhut Darrell G. Eisenhut, Director Division of Licensing Office of Nuclear Reactor Regulation Date of Issuance: AUG 101981 1

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l ALABNtA POLER CC lPANY DOCKET NO. 50-364 1

JOSLPH H. FARLEY NUCLEAR PLANT, UNIT AD. 2

'#1ENDMENT TO FACILITY OPERATIhG LICENSE Amenonent No. 4 License No. NPF-8 1.

Pureuant to a " Decision" issued by the Atoraic Safety and Licensing Appeal Board, dated June 30, 1981 (ALAB-646) the license is amended.

A.

The amendment ce;: lies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act) and the Comission's rules and regulations set forth in 10 CFR Chapter I; B.

The facility will operate in conformity with the license, as amended, the provisions of the Act, and the rules and regulations of the Comission; C.

There is reasonable assurance (1) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will DE l

conducted in coepliance with the Comission's regulations; D.

The issuance of this arrendment will not be inimical to the comon defense and security or to the health and safet/ of the public; and E.

The issuance of this arrendment is in accordance with 10 CFR Part Si of the Commission's regulations and all applicable requirements have been satisfied.

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. 4 2.-

Accordingly, the license is amended by changing section 2.F. of Facility Operating License No. NPF-8 to read as follows.

2.F. Alabama Power Company (the Licensee) shall meet the following antitrust conditions:

(1) Licensee shall recognize and accord to Alabama Electric Cooperative

( AEC) the status of a competing electric utility in central and southern Alabama.

(2) Licensee shall offer to sell to AEC an undivided ownership interest in Units 1 and 2 of the Farley Huclear Plant. The percentage of 1

ownership interest to oe so offered shall be an amount based on tue l

relative sizes of the respective peak loads of AEC and the Lice.cae

. (excluding from the Licensee's peak load that amount imposed by members of AEC upon the electric system of the licensee) occurring in 1976. The price to te paid by AEC for its proportionate share of Units 1 and 2, determined in accordance with the foregoing formala, i

will be established by the parties through good faith negotiations.

The price shall be sufficient to fairly reimburse Licensee for the proportionate share of its total costs related to the Units 1 and 2 including, but not limited to, all costs of construction, installation, ownership and licensing, as of a date, to be agreed to by the two parties, which fairly accommodates both their respective interests.

The offer by Licensee to sell an undivided ownership interest in Units 1 and 2 may be conditioned, at Licensee's option, on the agreement by AEC to waive any right of partition of the Farley Plant and to a/cid interference in the day-to-day. operation of the plant.

(3) Licensee will provide, under contractual arrangements between Licensee 4

and AEC, transmission' services via its electric system (a) from AEC's electric system to AEC's off-system members; and (b) to AEC's electric system from electric systems other than Licensee's, and from AEC's electric system to electric systems other than Licensee's.

The contractual arrangements covering such transmission ser cices shall embrace rates and charges reflecting conventional accounting-and ratemaking Concepts followed by the Federal Energy Regulatory 4

Commission (or its successor in function) in testing tne reasonableness of rates and charges for transmission services. Such contractual arrangements shall contain provisions protecting Licensee against economic detriment resulting from transmission line or transmission losses associated therewith.

(4) Licensee shall furnish such other bulk power supply services as are reasonably available from its system.

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I 3-(S) Licensee shall enter into appropriate contractual arrangements amending the 1972 Interconnection Agreeaent as last anended to provide

'for a reserve sharing arrangement netween Licensee and AEC under wh,1ch the Licensee will provide reserve generating capacity in accorGnce mth practices applicable to its responsO111ty to the operating companies of the Southern Company System. AEC shall maintain a mininum level expressed as ; percentage of coincident -

peak one-hour kilowatt load equal to the percent reserve level similarly expressed for Licensee as determined by the Southern Company System under its minimun reserve criterson then in effect. Licensee shall provide to AEC such data as needed from time to time to demonstrate the basis for the need for such minimum reserve level.

(6) Licensee shall refrain from taking any steps, including but not-limited to the adoption of restrictive provisions in rate filings or negotiated contracts for the sale of wholesale power, that serve to prevent any entity or group of entities engaged in the retail sale of firm electric power from fulfillies all or part of their bulk power requirements *.hrough self-generation or through purchases from some other source other than licensee. Licensee shall further, upon request and subject to reasonable terms and conditions, sell partial requirements power to any such entity. Nothing in this paragraph shall be construed as preventing applicant from taking reasonable steps, in accord with general practice in the industry, to ensure that the reliability or its system is not endangered by any action called for herein.

(7) Licensee shall engage in wheeling for and at the request af any municipally-owned distribution system:

(1) of electric energy from delivery points of licensee to said-distribution system (s); and (2) of power generated oy er available to a distribution system as a result of its ownership or entitlement

  • in generating facilities, to delivery points of licensee designated by the distribution system.

Such wheeling services shall be ova 11able with respect to any unused capacity on the transmission lines of licensee, the use of wnich will not jeopardize licensee's system. Tne contractual arrangenents covering such wheeling services shall be deternined in accordance with the principles set forth in Condition (3) herein.

" Entitlement" includes but is not limited to power made available to an entity l

pursuant to an exchange agreement.

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l l The Licensee shall make reasonable provisions for disclosed transmission requirements of any distribution system (s) in planning future trsnsatssion.

By " disclosed" is nea it the giving of reasonable advance notification of future requirements by said dt tribution system (s) utilizing wheeling services to be made available by Licensee.

(0) The foregoing conditions shall be implerented in a manner consistent with the provisions of the Federal Power Act and the Alabana Public Utility laws and regulations thereunder and all rates, charges, services or practices in connection therewith are to be subject to the approval I

of regulatorf agencies having jurisdiction over them.

3.

This license amendment is effective as of the date of its issuance.

FOR THE NUci. EAR REGOLATORY C0thlSS10N Original of gned by Darrell G. Eisecut Darrell G. Eisenhut, Director Division of Licensing Office of Nu; lear Reactor Regulation Date of Issuance: AUG 101981 d

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