ML20054G181
| ML20054G181 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 06/18/1982 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | PUBLIC SERVICE CO. OF OKLAHOMA |
| References | |
| ISSUANCES-CP, NUDOCS 8206210221 | |
| Download: ML20054G181 (5) | |
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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD gg Before5dministrativeJudges:
Sheldon J. Wolfe, Chairman Dr. Paul.'W. Purdom FrederickJ,. Shon gyg JUN1 8 issz In the Matter of Public Service Company of Oklahoma, Docket Nos. STN 50-556CP Associated Electric Cooperative, Inc.
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STN 50-557CP and
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Western Farmers Electric "ooperative
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June 18, 19821 (Black Fox Station, Units 1 and 2)
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MEMORANDUM AND ORDER (Denying, Without Prejudice, Applicants' Motion For Termination of Proceeding)and Withdrawal of Application MEMORANDUM On Apri! 6,1982, Applicants filed a Motion For Termination of Proceeding and Withdrawal Of Application, wherein they requested that the Board enter an order terminating the instant proceeding and permitting them to withdraw, without prejudice, their application for construction permits.
Intervenors did not respond. On April 26, 1982, the Staff filed a response which suggested that the Board should defer ruling until it received additional information from Applicants.
8206210221 820618 DR ADOCK 05000
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. Our Order of April 29, 1982 directed that Applicants should file a document describing the nature and extent of site preparation activities already undertaken
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proposed to be undertaken. On May 14, 1982, Applicants filed a ~
Response to which was appended the affidavit of their Black Fox Station project manager, Dr. John B. West.
Dr. West listed the preliminary construction activities that have been accomplished. He asserted that (a) Applicants are currently reviewing several different scenarios for utilizing the Black Fox site. to construct an alternate power generating station, (b) it is anticipated that a decision will be made by the end of 1982 regarding the form of future alternative power generation projects destined for the Black Fox site, and that (c) since each improvement and facility made at the site under the Limited Work Authorization might be useful during the construction of an alternate power generating station, there are no current plans either to dismantle any of the facilities or to redress any of the site features.
In light of the plan discussed in Dr. West's affidavit, Applicants request that the Board grant the instant Motion, subject to the condition that Applicants submit within a reasonable time after the end of 1982, a plan which addresses the need for site redress consistent l
Pursuant to our Partial Initial Decision, LBP-78-26, 8 NRC 102 (1978), the Director of Nuclear Reactor Regulation had granted a limited work authorization on July 26, 1978, which has been subsequently amended.
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. with the future use determined for the site, and that said plan be subject to review and approval of the Staff. On May 28th, Applicants filed Dr. West's supplemental affidavit which described actions which would be taken to control erosion in the area of the inclined Reactor Pressure Vessel haul road leading from the barge slip facility.
Intervenors did not respond.
In a Reply filed on June 2, 1982, to which was attached an affidavit of Dr. Germain LaRoche, a senior land use analyst in the Environmental Engineering Branch, the Staff suggested that "any conditions imposed upon withdrawal of the application should be specific, address anticipated adverse impacts from the site as it now exists, and be decided upon at termination and not left to the ' review and approval' of the Staff at some future date". The Staff recommended that we grant the instant Motion, without prejudice, but subject to the following terms:
(a) The channels along the inclined RPV haul road and the slopes along both sides of the barge slip and of the inclined RPV haul road shall be stabilized to control erosion.
(b)
Efforts shall be undertaken to ensure the long-term stability of the soils in the eroded p--tions (1) of the engineered drainage system, (2) of the area surrounding the helicopter pad, and (3) of the areas along the access roadway and railroad rights-of-way.
We agree with the Staff's observation that it would not be prudent to approve Applicants' undefined plan, since disputes might arise after the Board's jurisdiction has terminated.
However, we disagree that there is now sufficient information for us to grant the motion to withdraw and terminate this proceeding, and that, if
_ _ _ _ _ _ _ _ _ l the Board imposes these two terms there would be no need to require I
Applicants to submit a further plan for redress of the site after they decide on the site's future use.
The two proposed terms only require that certain specific areas be stabilized against erosion.
No consideration has been given to the possibility that, by the end i
l of 1982, Applicants may decide not to construct alternative power l
l generation projects at the Black Fox site.
If such a "no-go" decision was to be made, we have no assurance, for example, that the con-struction buildings and facilities would be rer/aved and that the excavations would be back-filled, and that the site would be redressed as nearly as possible to its pristine condition. Apparently, the Staff thought that the Applicants have committed themselves to redress the site if a decision is made not to go forward with the alternative projects (see p. 5 of Staff's Reply).
However, Applicants have merely stated that they "will continue to maintain the Black Fox site in an environmentally prudent manner so as not to adversely impact the surrounding off-site environment".
(West affidavit, p. 9, para.14)
The Board does conclude that the areas specified in the Staff's Reply of June 2,1981 should be stabilizied promptly against erosion.
. ORDER For the foregoing reasons and based upon a consideration of the entire record in this matter, it is, this 18th day of June 1982 ORDERED That Applicants' Motion For Termination of Proceeding and Withdrawal of Application is denied, without prejudice. We strongly suggest that, pending Applicants' determination whether to construct alternative power generation projects at the Black Fox site, Appli-cants' and the Staff's environmental engineering personnel should confer promptly on appropriate stabilization techniques and that, as soon as possible, Applicants should proceed to stabilize against erosion those areas specified by the Staff in its Reply of June 2, 1982.
If Applicants and Staff disagree on the stabilization techniques, obviously, the Director of Nuclear Reactor Regulation should be notified.
Judges Purdom and Shon concur but were unavailable to sign the instant Memorandan and Order.
FOR THE ATOMIC SAFETY AND LICENSING BOARD She' don J. k@fe, ChairiWan ADMINISTRATIE JUDGE
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