ML20063L242
| ML20063L242 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 05/17/1982 |
| From: | Sugarman R SUGARMAN & ASSOCIATES |
| To: | Lewis S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20063L241 | List: |
| References | |
| NUDOCS 8209090013 | |
| Download: ML20063L242 (2) | |
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. . , . . . . . . 1 Il May 17, 1982 Stephen II . Lewis, Esquire Counsel for NRC Staff U.S. Nuclear liogulatory Commission ,
1:ashington, D.C. 20555 ! i f Re: Philadelphia Electric Company I n o.c_k_e_t _N o s_.. 50-352 and_.50-_353-
Dear Steve:
Thank you for your letter of May 6, 1982. I appreciat e your advising me of the updated status of the Pnvi ro:imenta l Impoet Statement. li o'. m m r , coming as it did, in proximity to Mr. Sch. ene.f r 's l e t t er of Ispri l 30, 1982, to Mr. Bauer, it enhances my concern that the stalf will not be able to scope the EIS broadly enough to i nc l urie the full range of environmental irpact s of the project, ac it prm ently exists. As you know, it has b<on our position, and t.e think it is incontrovertible, that i:Eco's role in the Point Ple>< ant <liversion is such as to m ko it a PFCo project. Mo2eaver, PEco is the owner and ope ra t or of the prtposed B r: a d c h a w r<servoir and t ran: mi ss ion line to the Perkiomen, as well .s the operator of the diver sion d( >wn the Perkioren. :either Point Ileasant nor its ascociated facilities is accounted for within the EPOL, and Mr. Schwencer's l e t. t e r indicates that the intended scope of the ntaff revicw of fhe EHOL is 1.mited to the ame atea as ihat covered in the EROL, Certainly, it is possible for one to ini eu pt et :o ne of the questione as inviting PEco to brooden the r eport ing, but since it is a substantial change, if that were really int ended, it would seem to me the langoage would have Lcon more clear. If I am wrong on that, I shall be happy to be cor 2 e ct ed. Im uming, as I indicuted, that ihe ;taff is not diri, ting PEco to submit i n for mat ion regarding ihe ont i re i:pnetod area, I believe that a late su.aer or early fall witing will not a f for d the staff ample opportunity to 1.i k e int o occi'unt the co:cc n t s of the members of the public offered at the jret:ing in :caping t he DES and requiring the additional
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data from PFCo. At the moment, I do not contend that that 7e,;g y:- timing is not sufficient to afford opportunity to factor in c or:m.e n t s relating to areas that have already been well defined i'fy and on which PECO has a3 ready submitted information. However, in view of the time it has taken PECo to prepare the EROL and N-the time that it has taken the staff to respond with questions, 9 as well as the time it will take PECo to respond to those fg quest ions, it is clear that to wait until September to broaden { the scope of the DES, or to consider such action, would M effectivoly delay completion of the DES by six to nine months. , 9 1 If this occurs, vihe t her admittedly or not, the Commi::sion will ;. be under considerable pressure to shortcut its coa.pliance with "3.. the rules and with NEPA. In the ci2cumstances, on behalf of Del-Aware, I . ~.j, cubmit that it is c: sontial that a scoping meeting be scheduled ^. ' ~ as quickly as one can be arranged, or alternatively, that the g ~? staff make a present decision that the scope of the DES should , Nll include Point Pleasant and associated f a c i lit ies , and request 7 the neces sa ry .i n forma t i on from PEco at this time. !, : Again, I approciate your conside ration, and look [ I forward fo hearing from you. , [ *
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,,p-o UNITED STATES nL -
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. n NUCLEAR REGULATORY COMMISSION
;tSftl p s ,e e m s m o m a c m sss JUN 8 1982 sw y June 2, 1982 '
.M Robert J. Sugarman Sugarman & Denworth Suite 510 pW North American Building 121 North Broad Street Philadelphia, PA 19140 In the Matter of PHILADELPHIA ELECTRIC COMPANY (Limerick Generating Station, Units 1 and 2)
Docket Nos. 50-352 and 50-353
Dear Mr. Sugarman:
This letter is in response to your letter to me of May 17, 1982 in which you cxpressed "cnhanced" concern that "the staff will not be able to scope the EIS broadly enough to include the full range of environmental impacts of the project, as it presently exists." You stated that your increased concern was based upon a letter from Mr. Schwencer of the NRC Staff to Mr. Bauer of PECo, dated April 30, 1982, when considered in conjunction with my letter to you of May 6,1982 indicating that the environmental site visit had been rescheduled from May 1982 to sometime in the late sunaer or early fall of 1982. [For your further information, the environmental site visit is presently scheduled for the period of August 17-20,1982.] With respect to Mr. Schwencer's letter you have stated the following: "Neither Paint Pleasant nor its associated facilities is accounted for within the ER0L, and Mr. Schwencer's letter indicates that the intended scope of the staff review of the EROL is limited to the same area as that covered in the ER0L." You are operating under a misperception of Mr. Schwencer's letter that I would like to take this opportunity to correct. The requests for additional information transmitted by that letter do not cover the areas of water use, water quality and aquatic and terrestrial ecology. Questions in those areas will be transmitted to PECo at a later date, but prior to the environmental site visit. There is no basis in Mr. Schwencer's letter, therefore, for your conclusion that the Staff accepts the Environmental Report as containing all of the information which the Staff considers necessary for its evaluation of the impacts of station operation, including the impacts of water diversion to support operation of the Limerick Station, on water use, water quality and aquatic and terrestrial ecology. We suggest you withhold your judgment on that point until you have reviewed the Staff's requests for additional information in these subject areas. In this regard, please bear in mind that under Comission regulations (10 C.F.R. Q 51.23(e)) a draft environmental statement prepared in connection with the issuance of an operating license "will cover only matters which differ from, or which
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A reflect new information in addition to, those matters discussed in the final environmental impact statement prepared in-connection with the issuance of
- f the construction permit."
In view of the May 1983. scheduled issuance date for the DES, we believe that _ issuance of questions on the areas discussed above prior to the environmental site visit and the Staff's follow-up questions (presently scheduled for issuance on November 5,1982) after the enviromental site visit and the receipt' of answers to the first set of questions will afford ample opportunity for evaluation of the full scope of impacts which .the Staff considers to be i part of its environmental review of this operating license application. The schedule will also permit full Staff consideration of the points raised in the public meeting, previously discussed in our exchange of letters, to be ) held some evening during the environmental site visit. I trust that the information provided is responsive to your concern. Please feel free to contact me if you have any remaining questions regarding this 3
. matter.
i Sincerely,
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' Stephen H. Lewis ' Counsel for f;RC Staff cc: Lawrence Brenner, Esq. Mr. Frank R. Romano Dr. Richard F. Cole Judith A. Dorsey, Esq. Dr. Peter A. Morris Mr. Edward G. Bauer, Jr. Troy B. Conner, Jr. , Esq. Mark J. Wetterhahn, Esq. Mr. Marvin I. Lewis James M. fleill, Esq. i Joseph H. White III Dr. Judith H. Johnsrud Thomas Gerusky Dir., PA. Emer. Man. Agency l John Shniper Robert L. Anthony p Alan J. flogee W. Wilson Goode L William A. Lochstet Charles W. Elliott, Esq. [ Walter W. Cohen Atomic Safety & Licensing Board ( h Robert W. Adler Atomic Safety & Licensing Appeal Panel Steven P. Hershey, Esq. Docketing & Service Section Donald S. Bronstein, Esq. I 4 I i i
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SUGARM AN & DENWORTH ATTOR N EYS AT LAW Surft 803 trol PLNh$YLVANBA AvC NUC.N W RO B E RT J. SUG AR M AN suet C 5 5 0, N O R T ** A M E R t C A N En ug g D g NG wA$M NG T ON. D C ,0004 JOAN NE R.DENWORTH I2: SOUTH BROAD ST RECT 8' G 8' -***O PH I LA D E LP H IA. P E N N SYLVAN I A 19107 (265) 546-0562 ROBERT RAYMON D ELLIOTT, P. C.* COUNSEL e seOT aDas ef f f D ese PA. June 28, 1982 Stephen H. Lewis, Esquire Counsel for NRC Staff U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Application of Philadelphia Electric Company _, Docket Nos. 50-352, 50-353
Dear Steve:
Thank you very much for your letter of June 2, 1982. It does indeed reassure me, as you hoped. I am also reassured by Mr. Schwencer's letter o f. June 23, 1982, addressed to Mr. Bauer, in which Mr. Schwencer requests that the terrestrial resources site visit include the pumping station and riparian areas near cooling water intake and discharge structures. I assume that the latter reference includes Point Pleasant, and that the scope of the terrestrial resources visit will include the Bradshaw Reservoir and the transmission main as well as the immediate vicinity of the pump station. I would appreciate being kept closely informed as to scheduling. If appropriate, I would also like to suggest that the Advisory Council on Hic-toric Preservation, and the State Historic Preservation Office be included in the list of agencies, as well as the Township of Plumstead. - May I question, however, the omission of requests in the terrestrial resources section regarding the National His-toric Landmark and the historic archeological sites and historic district in Point Pleasant. Perhaps these will be included in another section of the EROL, but if not, I would , hope that they would be addressed with the informational l questions, as well as the site visit. l l
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- i. 's Stephen H. Lewis, Esquire June 28, 1982 Also, regarding your reference to 10 C.F.R. 951. 23 (c) ,
I would like to note again that the elements at issue here were not addressed at all in the CP stage, and therefore their in-clusion in the project is in toto a change. I therefore hope, and would like confirmation, that the Point Pleasant elements will not be restricted to physical changes since 1975. I await your further advice. Sin ere.y, 9 Robert J. Sugarman RJSlem cc: Service List
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* *S HING TON,0 C 2 0004 JOAN NE R.DENWORTH 12 f S OUT H D RO AD S T R E ET . acas ta,...s o P H I LA D E LPH I A, P E N N SYLVAN I A 19 t O 7
* (2 8 5) 5 4 6 - O e 6 2 HOB ERT RAYMON D ELLIOTT, P. C.*
COUNSEL
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July 16, 1982 Mr. A. Schwencer Chief, Licensing Branch #2 Division of Licensing U.S. Nuclear Regulatory Commission
. Washington D.C. 20555 Re: Del-Aware-NRC, Docket Nos: 50-352/353; Rea,uest for Additional Information - Point Pleasant Diversion Plan (July 9, 1982)
Dear Mr. Schwencer:
I have received a copy of your letter of July 9, 1982 addressed to Mr. Edward Bauer, relating to the Point Pleasant Divorsion Plan. I wish to comment to you concerning the intentions of the staff with respect to the dimensions of its inquiry concerning the Point Pleasant Diversion Plan. Your request ' indicates that the staff will " consider any environmental impacts associated with changes to the Point P]easant Diversion Plan". It does not indicate clearly whether this includes the addition of the Point Pleasant Diversion Plan to the scope of the staff's inquiry as a change in the plan, but the implication is that only physical changes in the plan since issuance of the construction permits will be included in the staff's evaluation. Such a limitation on the scope of inquiry by the staff is unjustifiable, in Del-Aware's view, under the Board's decision of June 1, 1982, and the facts and Jaw. I, therefore, wish to urge upon you the recognition of the fact that the Point Pleasant Diversion Plan was not considered at all (except with respect to increased water diversion) in 1974 because it was assumed that Point Pleasant would be built with or without Limerick. Since that is no longer the case, it is necessary for the staff to review Lf
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. . Et s Mr. A. Schwencer ., Page 2 July 16, 1982 Point Pleasant ab initio, and to evaluate the environmental impacts of the plant as a whole, as well the alternatives thereto.
contentionsIn view of the related to Board's accelerated operational consideration of impacts associated with changed circumstances regarding
$2.206 Request filed by Del-Aware, Point Pleasant and both referenced in the the second that your paragraph of your letter, it is respectfully submitted inquiry should be broadened to considerations, and include these immediately.
that broadening should take place Sincerelyg ( O 4
, N Robert J. Sugarman RJS/nk cc: Service List O
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t Consumptive loss of Water - Most of the water pumped to the North Branch j - Neshaminy Creek will return to the Delaware River. There will be some loss through consumptive water supply use and through evaporation from the reservoir but these losses are ex;xcted to be small.
,The water pumped to the East Branch Perkiomen Creek for the Limerick -
nuclear power plant will be lost by evoperation to the atmosphere from the cooling towers proposed for the plant. This loss will be matched by water from the Beltsville Reservoir during those periods of the year outlined in the Limerick water supply conditions (see Description of Proposed Action). This loss will affect the scheduling of future water users which must be balanced against the salinity controls for the Delaware River. The regulations devel-oped by the Delaware River Basin Commission for water use at Limerick cre intended to offset the impact from consumptive loss. The consumptive loss is considered to be a moderate advene impact only due to the present Icck of maior water supply reservoirs. Future reservoirs con entirely offset this impact. 3 Drawdown of Supplying Reservoirs - The consumptive use of water, as well cs the diversion in general will normally cause some summer drawdown on the supplying reservoirs, in this case Beltsville. The drawdown will have on ad-verse offect on recreational use and the esthetic value of the reservoir shoreline of a temporary nature. Recreational facilities scheduled for reservoirs cre designed to adjust to periods of drawdown. Greater lengths of beach are ex-posed, boat launching becomes slightly more difficult and the waters edge tends to become untidy. Experience hcs proven, however, that these adverse effects i do not prevent recreational use of the reservoirs. The drawdown is considered to be a very slight cdverse impact. Intake Entrapment - The design of the facility has not reached the stage where 9 on adequate technical evaluation can be made of this titre. The applicant has been mcde owere of the problem and the design will be carefully reviewed by the Commission to assure minimal equatic loss due to entrapment. Esthetics of Pumping Station - The pumping station facility is isolated in an area of excellent visual quality. Temporcrily construction will adversely effect the immediate vicinity of the station with equipment, movement, noise, and exposed excavotion. When construction is completed however, the pumping station should blend reasonably well with the existing environment. For several m 34
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i ( years the newness of the facility and the freshn ss of the landscaping will I be apparent. In time the facility should not be noticeable. The loss of i esthetic value therefore is considered to range from very slight to no im-pact over time. Beneficial increased Water Flow in Creeks - The overall ecological conditions of the creeks will be greatly enhanced as a result of the increased water flow if the water level fluctuations are kept to a minimum. Presently, parts of both the North Branch Neshaminy Creek and East Branch Perkiomen Creek dry up during the summer months. Fish in these areas can exist only in the pools remaining in the stream bed. The divenion will increase the fisheries potential in both creeks as a result of the continuous minimum flow proposed. The increased velocity of the water flow in the East Branch Perkiomen Creek will not be on advene impact due to the many dams existing in the Creek bed. it is anticipated that all aquatic life presently existing from Sellersville downstrecm will remain in vastly improved conditions. From Sellenville upstream to the discharge point certain of the small aquatic life may be altered due to the increased flow but, generally, on enhancement of aquatic life is also anticipated. The increased flows would also provide the minimum low flow cugmentation necessary for the sewage treatment facilities on the Neshaminy and Perkiomer Creeks to meet their required standards of stream discharge. The effluent requirements, as ordered by the Sanitary Water Board, Pennsylvania Depart-ment of Health on April 30,1970, are:
- 1) The five (5) day biochemical oxygen demand (carbonaceous, nitrogen-ous, and other oxygen consuming substances) of the raw sewage or industrial wastes shall be reduced by at least 95% before discharge to the receiving stream.
- 2) The total soluble phosphate measured as PO4 of the treated sewage or industrial wastes effluent shall not exceed 0.50 mg/l as an average of 7 conse-cutive-day samples or 1.0 mg/l at any time.
- 3) The effluent shall otherwise meet all requirements of secondary treatment for biodegradable wastes and its equivalent for nonbiodegradable wastes as defined in the Rules and Regulations of the Board.
35
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h/ ",_-_ _ _ _ _ _ _ _ _ _ _ _ __ q't+&;'L '.,: .tp P 1:eshaminy Watershed Proj ec t will provide an adequate water ,G M kW) 43;7 supply not only to a significant area, 'o u t also to a major gg
.mc segment of the population in the Commonwealth of Pennsyl-7 g $. w yg my vania. !!c w York State has in the past supported the pro- ]y 2 - i+,
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ject as a component of the Delaware River Basin Commission s' ? #5, g ,I .-
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Comprehensive Plan. The proposed modifications to the yJf.,, mpg
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a prudent approach, and I? e w York State continues to sup- R:@E M9,,.r., n port this project with a favorable vote. %Q : v, - CM With respect to the Philadelphia E]ectric ),k. 'r
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Coupany portion of the docket, I? e w York State in the past Q'h, qR'
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Delaware River Basin Commission's Comprehensive Plan. The !,.
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represent a major change in the project, and I?ew York h;.; . x.y
- w State intends to vote affirmatively for this portion also. 12
, 1 COM.MiSSJONER THIBB1TT: Mr. Chairman, I . ,
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Director to NHC; the second,from NHC to the Executive V,-n. e.;
- ;:.b Director; the third, the letter addressed to me from EPA { -4('.",
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which you took the 1iberty to read; cod, finally, a com- , J.q , l ,...p ;p p munication from EPA to NHC. I respectfully 'requesd that l 2 ,., ,
. a.' 3 uith the exception of the EPA letter the Secretary read . &. n 's-a*
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79 tg.s these communications. This is from Mr. Hansle? wyg 1.mM SECRETARY WHITALL:
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to :ir . Eisenhut of NRC: @m$ Q. .y2g jXQ "This is to confirm our recent conversation t (M? @ concerning the Limerick nuclear generating plant o.n the Js m ;;d: 3f:4
-1 Schuylkill River in Pennsylvania. It is my understand- ]a:p s
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' ,>y ing that the :Juclear Begulatory Connission intends to }
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[SU) .#. prepare an 'e.vironmental En Impact Statement on the opera- w.- w%
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gg ting license aspect of the Limerick p3 ant which is now Q k t s. i t e If this is the case, it would be 36lc under construction. q ;, m r,
,9 very much appreciated if you could so inform me in ~in7 ..
The D e l a v.' a r e River Basin .[ writing as soon as possible. 9:~ a
.t e t on the Point Pleasant Pumping c.
Commission intends to s Station project, an adjunct to Liiaerick, -mwithin the, r,_______-.-- g near future." #
*nd then i) e gives our telephone number.
4 The second letter, replying to Mr. H r. n s l e r , .
;[3 is from iir . Tedesco, Assistant Director for Licensing of a:p egs T
the Div5sion of Licensing of NRC, r- n d the date. is December 3;
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y 16, which is one day following the date of the previous ,y
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" This is in response to your letter of Z
December 15, 1900 to.Mr. Darre] Eisenhut concerning the
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latory Commission operating license review. 'A s re- y f{lv s.;;g;.&
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[. 'f! - quired by NRC regulation contained in 10CFR Part S1, $ih' 'ph ll(q m applicants for an operating license must submit an mm x .w Wff n . . Q." --4sf-
.e Environnental Report which will be reviewed by NBC as G; n. NJ; -
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part of its National Environmental Policy Act review a5V
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.% y ,a operation,. This review will s p e c i f i c a 'l l y consider in-
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formation and data that have been developed subseouent ^ to the issuance of our final environnental s ta te:;e n t ' [c i .
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. ;.: 7 review both draft and fi na l environmental statements i - ,.
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! .s/ 6 wil1 he issued."
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g:, x: s s u,_s.: . The remaining 3etter is addressed 10 Mr. 4W "li. ;..f: '
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Tedesco of the NRC from Mr. George Pent, Chief of the y' 'f *;
- i~ . n." 3 vy En v i rc r:ne n t a l Impact Branch of EPA, end it is dated Feb- '_'",' _-
ruary 1 */ , 3OP].
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" Philadelphia Electric Company's Limerick ~
w %f< w. [-r -mg> nuclear facility is a complex project that has been con- ,... 7
- w M.y J. (.,id g$,1, T We have recently been invol" c -
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[$$$ - in numerous meetings with the' Delaware River Basin Coc-9,. W@4. ^ w c . w% .s mission concerning plans to permit diversion of water fy[ :- . f NT w: um cool- g Jpyj from the Delaware River, in part for supplemental w w}m Q.
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sources, the nechanisms for provision of the necessary -..e ~ .
; 7 i " storage, and the physical and biological impacts on w' + ! 4 :Ja n ,::0 e n: ' 40 a ~3, !i the natural streans which will convey the flows to 64-&l??
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" y~p%, . :og p himerick. .
N:m "The re fo re > we were pleased to hear from
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the DHBC, from Dr. Sam Worth at NRC in Washington, and M '.s from the article quoting you in the Philadelphia In-
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2 -+.*a n :- em to pre- } '.= qu$rer, February 10, 1981, that NRC is planning 4 c ,.. Environmental T:'pa c t Statement-
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operating license s u p p l e m e n t. s prior to issuance of an i
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$5K for himerick. E[
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;g "We were also ' encouraged to note that you , ,.
l n: y .y will be including-review of the lupacts of the sup'ple-
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nental cooling water diver $on. c... .-
.i that they would l i5 e to consult and c o o r d i naic w i th you so m.m
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g j portions of the EIS. Environ- p by the National c . on those 'l "lince, as required the EIS, we Act, EPA will be, reviewing mental Policy scoping meet-in the projtet participate raised in would like to we have . the concerns . Q. so as to address in a timely am u,9.ws g_; ings for their resolution Q7-the past and provide looking forward 2wa";py, j. We are f EIS preparation. %x@e fashion'during - ffeM [. <A-.
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to working ,with you." f tpir-f( with- ;yp:n w CYNe Mr. Chairman, g,tf No Mygtj%4 COMMISSIONER TRIBBITT: which 7; w:,oemA communications - ms%p"taq I request that those hearing record. out objection 4v 6
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read be made part of this public from the i W
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have been objections CHAIRMAN PICCO: .Any -~
$MQ: fag of the record will be entered as part 4;:i..s% w?@
- %N#'s l They if I fpanel? (None) Mr. Chairman, > 9%:,#rmste gl% .st.
TRIBBlTT: ,, wu '1 7; Erg COMMISSIONER oth ?r i
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federal government just as
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yp ; g.: E,reat many o p i. n i o n s time had been one 3. m of those who for some ?N%.} I with EPA being'one it is quite .._,.n
.v e.
objections, to voice j;_2W, of.the leading agencies dated February 17 that xM ?% with this connunication
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l%b clear to ne
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h and they are m particular problem with diversions f f f3 has no N+Y.% Ae ooking directly to NRC for any EIS's relativeulator:r .__......-
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to the sub-
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y~~~~ - . . . . ~ _ . p a r t i c ul a .r -'r e g#' w. , ect matter be fore . .. . us and not to this . n P&: . gency. h pf the federal r ep r e .- M.h.,i? es Under those circumstances M T e
' ... . . a f f i r m a t_i v.e .m vote j,if C.m W;^$i
.ar well cast an .
q%w m sentative feels he can very " " ~ ~ y;ppJ 1: ~
~ ~ ~ ~ " * ' ' ~ Commission. nN%yl*%k on the, se . two matters before the . . .. %
#96 i.% @%
ye I woul d lik e to point . $i@iD
' COMMISSIONER EICHLER:
wM.QE snj from Pennsylvania ermsx; celleague m tty ou't initially that when my , Mggt % mentioned that he did not think there would be any more 0:k Q % &m VD$
?@di&g need for power plants in the fresh water part of the Basin Wiwgh p%y(pj and then he went on to say %
.u, .
Ws.c;n .+ I held my breath for a moment; --c
- di,-
c.& W located in the Ohio and m:QjQ that he t h'o u gh t they could be i"u' e& I was gratified to hear that. '
. r Susquehanna. to t a great deal of attention We have paid -
attende i ,f,j::.;. g
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- j. C o nur,i n s i o n . I personally t p ']
these dockets before the f Q .7 Q' the hearing in Kulpsville and have looked at the record y 2@.7 m;. [ry dM studied the project to a great i;;7$NA C.t#J very extensively and have x (fiSUN i < E.:9M.p:; extent, and I.have felt that it is one of the mostthat comple has
;v:y l;jiQf i important projects l ;g _. m. c and certai nly one of the most l'< Ty , %
m 1.. ,b+ ,;7.fa come before the Commicsion in the time that I~chav , ,,
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_~. a, it. It was with that jn mind that we spent as much time
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e n. s;, in Delaware looking at this as we did. . . - 4"# T n_ Y;R r.f.u b
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