ML20069H261

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Proposed Tech Specs Reflecting Replacement of Clei & Toed W/ Newco as Licensee,Designation of Newco as Owner of Pnpp & Other Administrative Changes
ML20069H261
Person / Time
Site: Perry FirstEnergy icon.png
Issue date: 06/02/1994
From:
CENTERIOR ENERGY
To:
Shared Package
ML20069H259 List:
References
NUDOCS 9406130045
Download: ML20069H261 (22)


Text

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< PY-CEIM1RR-1794L Page 16 of 32 APPL.ND1X A i 10 FACILilY OPLRATING LICENSL IJ0. NPF-58 l

PERRY NUCLEAR POWLR PLANI UNil 1 OEWCO R-EVEL AND ELEC-TfHC-liAUHINAHNG CGMi'ANY DOCKET NO. 50-440 TECilNICAL SPECIFICATIONS ARE FILED IN lilE TECilNICAL SPECIFICATION MANUAL 9406130045 940602 PDR ADDCK 05000440 P PDR

Attachment 2 PY-CEI/NRR-1794L Page 17 of 32 APPENDIX B TO FACILITY OPERATING LICENSE NO. NPF-58 PERRY NUCLEAR POWER PU(NT UNITS 1 AND 2 h)EWCO CLEVELANH4ETRIC-144. AMINAT4NC- C0"PANY DOCKET N05. 50-440 AND 50-441 ENVIRONMENTAL PROTECTION PLAN (NONRADIOLOGICAL)

November 13, 1986 e

Attachment 2 l PY-CEI/NRR-1794L Page 18 of 32 PERRY NUCLEAR POWER PLANI UNITS 1 AND 2 ENVIRONMENTAL PROTECTION PLAN (NONRADIOLOGICAL)

TABLE OF CONTENTS Page Section 1.0 Objectives of the Environmental Protection Plan............. 1-1 2.0 Envi ronmen tal Protection I ssues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 2.1 Aquatic Issues.............................................. 2-1 2.2 Te r res tri al I s s u es . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 3.0 Consistency Requirements.................................... 3-1 3.1 Pl ant Design and Ope rati on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 3-1 3.2 Reporting Related to the NPDES Permit and State Ce r ti f i ca ti ons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2 3.3 Changes Required for Compliance with Other Environmental Regulations............................................... 3-2 4.0 Envi ronmen tal Cond i tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1 4.1 Unusual or Important Envi ronmental Events......... ....... .. . 4-1 4.2 Env i ronmenta l Moni to r i ng . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1 5.0 Administrative Procedures................................... 5-1 5.1 Review and Audit............................................ 5-1 5.2 Records Retention........................................... 5-1 5.3 Changes in Environmental Protection P1an.................... 5-1 5.4 P l a n t Reporti ng Requ i rements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1 4

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- PY-CEI/NRR-1794L l Page 19 of 32 l.0 Obje(tive, of t he invirara. ental Pr of ec t ion Plan Ita, i nv ironn ent al Pr ot ec t ion Pieri (EPP) it, to pr ovide f or pr~ote ctiori of nonredioloaical environn. ental values during oper ation of the nuclear f ecility.

lhe principol objectives of the IPP are as f ollows:

(1) Verify that the facility is operated in an environmentally acceptable manner, as established by the final Environmental Statement - Operating Licensing State (FES-OL) and other fiRC environmental impact assessments.

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

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

Environmental concerns identified in the TES-OL which relate to water quality matters are regulated by way of the licensee's f1PDES pennit.

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2.0 Environmental Protection issues

.In the TES-OL dated August 1982, the staff considered the environmental impacts  !

associated with the operation of the two-unit Perry Nuc' ear Power Plant. i Certain environmental issues were identified which required study or license l conditions to resolve environmental concerns and to assure adequate protection {

of the environment.

2.1 Aquatic Issues l

-(1) No specific nonradiological aquatic impact issues were identified by  :

NRC staff in the FES-OL. l (2) The presence of Asiatic clams (Corbicula sp) in western take Erie renders  ;

their eventual presence near Perry as likely. Should the presence of  :

Corbicula in the vicinity of Perry threaten the operation of a safety l' system, due to biofouling, measures to control Corbicula will be undertaken

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(FES Section 4.3.6.2). l l

Section 9.2.1 of the SER (May 1982) recognizes the potential safety-related j problem of biofouling by Corbicula, and cites the licensee's monitoring program that consists of: (a) sampling of the lake for the presence of l Corbicula, both at Perry and at one of the licensee's nearby fossil-fueled l powerplants;(b)maintenanceinspections;and(c)surveillancetesting.

This EPP addresses the lake sampling in (a) above.  ;

2.2 Terrestrial Issues [

(1) Cooling tower drift was not expected to cause adverse effects but the ,

need for operational data to confirm this conclusion was identified by  !

the staff. (FESSection5.5.1.5)  ;

l (2) Herbicide use should conform with current Federal and State regulation.

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Attachment 2 PY-CEI/NRR-1794L 3.P Cem,intmK.y I'equiroments Page 21 of 32 7,1 Pinnt Design and Operation The luensee may male changes in station design or operation er perform tests or experiments af f ecting the environment provided such activities do rot involve en unreviewed environmental question and do not involve a change in the EPP'. Changes in station design or operation or performance of tests or experiments which do not affect the environment are not subject to the require-ments of this EPP. Activities governed by Section 3.3 are not subject to the requirements of this Section.

Before engaging in additional construction or operational activities which may significantly affect the environment, the licensee shall prepare and record an environmental evaluation of such activity. Activities are excluded f rom this requirement if all measurable nonradiological environmental effects are confined to the on-site areas previously disturbed during site preparation and plant construction. When the evaluation indicates that such activity involves an unreviewed cnvironmental question, the licensee shall provide a written evaluation of such activity and obtain prior NRC approval. When such activity involves a change in the EPP, such activity and change t,o the EPP may be implemented only in accordance with an appropriate license amendment as set forth in Section 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, environmental impact appraisals, or in any decisions of the Atomic Safety and Licensing Board; or (2) a significant change in effluents or power level; 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 deter-mination that the change, test, or experiment does not involve an unreviewed environmental question or constitute a decrease in the effectiveness of this 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.

  • This provision does not relieve the licensee of the requirements of 10 CFR 50.59.

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Attachment 2 PY-CEI/NRR-1794L Page 22 of 32 3.2 Reporting Related to the NPDES Permit and State Certification Changes to, or renewals of, the NPDES Permits or the State certification shall be reported to the NRC within 30 days following the date the change ]

or renewal is approved. i f a permit or certification, in part or in its  !

entirety, is appealed and stayed, the NRC shall be notified within 30 days  !

following the date the stay is granted.

The licensee shall notify the NRC of changes to the effective NPDES Permit  !

proposed by the licensee by providing NRC with a copy of the proposed change at the same time it is submitted to the permitting agency. The licensee shall provide the NRC a copy of the application for renewal of the NPDES  ;

Permit at the same time the application is submitted to the permitting agency.

3.3 Changes Required for Compliance with Other Environmental Regulations f 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 Section 3.1. l, t

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4.0 tovironmental Conditions 4.1 Unusual or important { nvirornental [ vents Any occurrence of an unusual or :mportant event that indicates or could resulL in significant environmental impect causally reloted to plant operation shall be recorded and reported to the 14RC 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 S.4.2. The following are ,

examples: excessive bird impaction events, onsite plant or animal disease outbreaks, mortality or unusual occurrence of any species protected by the Endannered Species Act of 1973, fish tills, increase '

in nuisance organisms or conditions, and unanticipated or emergency discharge of waste water or chemical substances.

No routine monitoring programs are required to implement this condition.

4.2 Environmental fionitoring 4.2.1 Aquatic Monitoring (1) The certifications and permits required under the Clean Water Act provide mechanisms for protecting water quality and, indirectly, aquatic biota. The f4RC will rely on the decisions made by the U. S. Environmental Protection Agency and the State of Ohio under the authority of the Clean Water Act for any requirements for aquatic monitoring.

t (2) Semi-annual (late spring and early fall) sampling of areas at Perry and the licensee's Eastlake plant shall be conducted to detect the presence of Corbicula.

The sampling. methodology shall be that committed to and described l by the licensee in its letter dated October 2,1987 (PY-CEl/NRR-0707L).

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4 Attachment 2 PY-CEI/NRR-1794L Page 24 of 32 4 . c,.? lerrest rial Monitoring 4.2.2.1 Aerial Remote Sercing Vegetative conmunities of the site and vicinity within 1 kilometer of the cooling towers in all directions shall be aerially photographed to detect and assess the significance of damage, or lack thereof, as related to cooling tower drift dispersions. Photography shall be done by aerial overflight during August or September. Monitoring shall include a program of low alti-tude color infrared photography. The scale for full coverage shall be adequate to enable identification of vegetative damage over relatively small areas of terrain. Some circumstances may warrant inspection of photographs discerning individual trees. Such scale should be adequate to resolve impacted features.

Photographs shall be compared with baseline to ascertain changes in vegetation.

Photographic interpretations shall be verified by ground inspection surveys to confirm areas of stress and non-stress. This program shall require aerial photographic monitoring during the first August-September period after the station has been in operation for one year and the program shall be repeated once the following year and alternate years for three (3) additional periods.

A report shall be submitted as part of the annual report following each aerial photographic monitoring period. The report shall contain a description of the program, results, and interpretative analyses of environmental impacts. Results reported shall contain information encompassing but not limited to the following:

sampling date; time of day; film types; and one (1) set of resultant color transparencies encompassing an area within approximately a one kilometer (1 km) radius of the Unit I and 2 towers.

4.2.2.2 Herbicide Use If herbicides are used, their use shall conform to the U.S. EPA regulations printed on the labels. Records of which herbicide was used, date of appli-cation, where herbicide was applied and quantity applied shall be made available for a five year period for inspection by NRC.

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Attachment 2-PY-CEI/NRR-1794L S.0 Administrative Procedures Page 25 of 32 S.] Review and Audit The licensee shall provide for review and audit of compliance with the EPP. f LThe audits shall be conducted independently of the 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 results of the 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.

I 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 five years or, where applicable,-

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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 environmental impact of the proposed change and a supporting justification. Implementation  :

of such changes in the EPP shall not commence prior to NRC approval of the .

proposed changes in the form of a license amendment incorporating the appro-priate revision to the EPP.

5.4 Plant Reporting Requirements 5.4.1 Routine Reports An Annual Environmental Operating Report describing implementation of this EPP for the previous year shall be submitted to the NRC prior to May 1 of each year. The initial report shall be submitted prior to May 1 of- the year following issuance of the operating '. ..ense.

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. Attachment 2 O PY CEI/NRR-1794L Page 26 of 32 The report shall mclude sumaries and analyses of the results of the environmental protection activities required by Subsection 4.? of this LPP for the report period, including a comparison with related preoperational studies, operational controls (as appropriate), and previous nonradiological environmental monitoring reports, and an assessment of the observed impacts of the 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.

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 5.4.2.

In the event that some results are not available by the report due date, the report shall be submitted noting and explaining the missing results. The missing results shall be submitted as soon as possible in a 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 occurrences involving similar components or systems, and (e) 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 report at the same time it is submitted to the other agency.

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- November 13, 1986 Attachment 2 PY-CEI/NRR-1794L (JPLNDIX_C Page 27 of 32 PERRY UUCLEAR POWER P1AN1, UNil NO. 1 NPF-58 ANTITRUST CONDITIONS FOR hlEtdCO CLE"ELA"O ELECTPsIC ILLUM!"'TI"O COMPf"Y LENTERtoR. LEWICE COMPANY 0000ESNE LIGHT COMPANY OHIO EDISON COMPANY PENNSYLVANIA POWER COMPANY

-TOLEDO E0!S0" COMPA"Y =

A. The licensees are subject to the following antitrust conditions:

Definitions Applicants shall mean the five companies listed above.

Entity shall mean any electric generation and/or distribution system or municipality or cooperative with a statutory right or privilege to engage in either of these functions.

Wheeling shall mean transportation of electricity by a utility over its lines for another utility, including the receipt from and delivery to another system of like amounts but not necessarily the same energy.

Federal Power Commission, The 1970 National Power Survey, Part 1,

p. 1-24-8.

Licensing Conditions (1) Applicants shall not condition the sale or exchange of wholesale power or coordination services upon the condition that any other entity:

(a) enter into any agreement or understanding restricting the use of or alienation of such energy or services to any customers or territories; (b) enter into any agreement or understanding requiring the receiving entity to give up any other power supply alternatives or to deny itself any market opportunities; (c) withdraw any petition to intervene or forego participation in any proceeding before the Nuclear Pegulatory Commission or refrain from instigating or prosecuting any antitrust action in any other forum.

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(2) Appliconts, and each of it.em, shall of f er interconnections upon reasonable tenns and conditions at the request of any other electric entity (ies) in the Combined CAPC0 Company Territories (CCCT), such interconnection to be available (with due regard for any necessary and applicable safety procedures) for operation in a closed-switch synchronous operating mode if requested by the interconnecting entity (ies). Ownership of trans-  ;

mission lines and sv' 'hing stations associated with such interconnection shall remain in tl of the party funding the interconnection subject, i however, to any nect safety procedures relating to disconnection facilities at the point of power delivery. Such limitations on ownership l shall be the least necessary to achieve reasonable safety practices and  !

shall not serve to deprive purchasing entities of a means to effect j additional power supply options.

(3) Applicants shall engage in whee 'or and at the request of other entities in the CCCT:  :

(a) of electric energy from delivery points of Applicants to the i entity (ies);and, J (b) of power generated by or available to the other entity, as a .

result of its ownership or entitlements* in generating l facilities, to delivery points of Applicants designated by  ;

the other entity. f Such wheeling services shall bs available with respect to any unused i

capacity on the transmission lines of Applicants, the use of which will '

not jeopardize Applicants' system. In the event Applicants must reduce wheeling services to other entities due to lack of capacity, such reduction shall not be effected until reductions of at least 5 percent have been made in transmission capacity allocations to other Applicants in these proceedings and thereafter shall be made in proportion to ,

reductions ** imposed upon other Applicants to this proceeding.

  • Entitlement" includes but is not limited to power made available to an  ;

entity pursuant to an exchange agreement.

    • The objective of this requirement is to prevent the pre-emption of unused capacity on the lines of one Applicant by other Applicants or by entities the l transmitting Applicant deems noncompetitive. Competitive entities are to be  !

allowed the opportunity to develop bulk power services options even if this i results in re-allocation of CAPCO (Central Area Power Coordination Group) transmission channels. This relief is required in order to avoid prolongation of the effects of Applicants' illegally sustained dominance. ,

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. . . _ - . _- . . _ _ _ . .- c, Attachment 2 PY-CEI/NRR-1794L Page 29 of 32 Applicants shall male reasonable provisions for disclosed transmission requirements of other entities in the CCCT in planning future trans-mission either individually or within the CAPCO grouping. By " disclosed" is meant the giving of reasonable advance notification of future require-nents by entities utilizing wheeling services to be made available by Applicants.

(4) (a) Applicants shall make available membership in CAPC0 to any entity in the CCCT with a system capability of 10 Mw or greater; (b) A group of entities with an aggregate system capability of 10 Mw ,

or greater may obtain a single membership in CAPC0 on a collective basis;* P (c) Entities applying for membership in CAPC0 pursuant to License Condition 4 shall become members subject to the terms and con- '

ditions of the CAPC0 Memorandum of Understanding of Sept mber 14, 1967, and its implementing agreements; except that new members may elect to participate on an equal percentage of reserve basis rather '

than a P/N allocation formula for a period of twelve years from date  !

of entrance.** Following the twelfth year of entrance, new members shall be expected to adhere to such allocation methods as are then employed by CAPC0 (subject to equal opportunity for waiver or special consideration granted to original CAPC0 members which then are in effect). i

  • E.g., Wholesale Customer of Ohio Edison (WCOE).

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    • The selection of the 12-year period reflects our determination that an ,

adjustment period is necessary since the P/N formula has a recognized effect  ;

of discriminating against small systems and forcing them to forego economies '

of scale in generation in order to avoid carrying excessive levels of reserves. 1 We also found the P/N is not entirely irrational as a method of reserve allo-  !

cation. We have observed that Applicants themselves provided adjustnent periods and waivers to integrate certain Applicants into the CAPC0 reserve requirement program.

initial discrimination but to accommodate and adjust to the CAPC0 system over some reasonable period of time. Presumably new entrants will be acquiring  ;

ownership shares and entitlements during the 12-year period so that adverse consequences of applying the P/N formula will be mitigated.

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_4_ Page 30 of 32 (d) New members joining CAPCO pursuant to this provision of relief shall not be entitled to exercise voting rights until such time as the system capability of the joining member equals or exceeds the system capability of the smallest member of CAPC0 which enjoys voting rights.*

(5) Applicants shall sell maintenance power to requesting entities in the CCCT upon tenns and conditions no less favorable than those Applicants make available: (a) to each other either pursuant to the CAPC0 agree-ments or pursuant to bilateral contract, or (b) to non-Applicant entities outside the CCCT.

(6) Applicants shall sell emergency power to requesting entities in the CCCT upon terms and conditions no less favorable than those Applicants make available: (a) to each other either pursuant to the CAPCO agreements or pursuant to bilateral contract; or (b) to non-Applicant entities outside the CCCT.

(7) Applicants shall sell economy energy to requesting entities in the CCCT, when available, on tenr.s and conditions no less favorable than those available: (a) to each other either pursuant to the CAPC0 agreements or pursuant to bilateral contract; or (b) to non-Applicant entities outside the CCCT.

(8) Applicants shall share reserves with any interconnected generation entity in the CCCT upon request. The requesting entity shall have the option of sharing reserves on an equal percentage basis or by use of the CAPC0 P/N allocation formula or on any other mutually agreeable basis.

(9) (a) Applicants shall make available to entities in the CCCT access to the Davis-Besse 1, 2 and 3 and the Perry I and 2 nuclear units and any other nuclear units for which Applicants or any of them, shall apply for a construction permit or operating license during the

  • Our objective is to prevent impediments to the operation and development of an area-wide power pool through the inability of lesser entities to respond timely or to make necessary planning commitments. While we grant new member entities the opportunity to participate in CAPC0 it is not our intent to relieve joining entities of responsibilities and obligations necessary to the successful operation of the pool. For those smaller entities which do not wish to assume the broad range of obligations associated with CAPC0 member-ship we have provided for access to bulk power service options which will further their ability to survive and offer competition in the CCCT.

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l next 25 years. Such access, at the option of the requesting  :

l entity, shall be on an ownership share, or unit participation or contractual pre-purchase of power basis.* Each requesting entity (or collective group of entities) may obtain up to 107 of the capacity of the Davis-Besse and perry Units and 20% of future units (subject to the 25-year limitation) except that once any entity or entities have contracted for allocations totaling 10% or 20%, respectively, no further participation in any given units need be offered.

(b) Conmitrents for the Davis-Besse and Perry Units umst be made by requesting entities within two years after this decision becomes final. Commitments for future units must be made within two years af ter a construction permit application is filed with respect to such a unit (subject to the 25-year limitation) or within two years after the receipt by a requesting entity of detailed written notice of Applicants' plans to construct the unit, whichever is earlier; provided, however, that the time for making the commitment shall not expire until at least three months after the filing of the application for a construction permit. Where an Applicant seeks to operate a nuclear plant with respect to which it did not have an interest at the time of filing the application for the construction permit, the time periods for connitments shall be the same except that reference should be to the operating license, not the construction permit.

I (10) Applicants shall sell wholesale power to any requesting entity in the  !

CCCT, in amounts needed to meet all or part of such entity's requirements.

The choice as to whether the agreement should cover all or part of the '

entity's requirements should be made by the entity, not the Applicant or Applicants.

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  • Requesting entities' election as to the type of access may be affected by provisions of State law relating to dual ownership of generation facilities by municipalities and investor-owned utilities. Such laws may change during the ,

period of applicability of these conditions. Accordingly, we allow requesting entities to be guided by relevant legal and financial considerations (including Commission regulations on nuclear power plant ownership) in fashioning their requests.

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(11) ihese conditions are intended as rainimum conditions and do not preclude Applicants f rom of fering additional wholesale power or coordination services to entities within or without the CCCT. i However, Applicants shall not deny wholesale power or coordination services required by these conditions to non-Applicant entities in the CCCl based upon prior commitments arrived at in the CAPC0 Memo-  ;

randum of Understanding or implementing agreements. Such denial shall l

be regarded as inconsistent with the purpose and intent of these con-ditions.

The above conditions are to be implemented in a manner consistent i with the provisions of the Federal Power Act and all rates, charges or practices in connection therewith are to be subject to the approval of regulatory agencies having jurisdiction over them.

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5 Attachment 3 PY-CEI/NRR-1794L Page 1 of 3  !

ENVIRONMENTAL ASSESSMENT  !

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PY-CEI/NRR-1794L Page 2 of 3 ENVIRONMENTAL ASSESSMENT Identification of Proposed Action This proposed action involves the Perry Nuclear Power Plant (PNPP), Unit Number 1, Operating License NPF-58. A license amendment is proposed that would change the operating license to reflect the proposed merger of the Toledo Edison (TE) Company into the Cleveland Electric Illuminating (CEI)

Company. Both companies are presently wholly-owned subsidiaries of the Centerior Energy Corporation. P The company formed from the merger is intended to be renamed; however, the name is yet to be determined. The following discussion utilizes the nomenclature "NEVC0" as a temporary substitute for the name of the combined operating company.

The proposed amendment vould revise the license to replace CEI and TE with NEVC0 as a licensee, to designate NEVC0 as an ovner of the PNPP, and to make other associated administrative changes to the license. These changes are described in detail in the license amendment application. CSC will remain a licensee and is not affected by these proposed changes.

Need for the Proposed Action ,

The proposed changes to the license are required in order to reflect the ,

effect of the merger of TE into CEI, once this merger is consummated. The reason for the merger is to maximize the operating efficiencies for these two affiliated companies.

Environmental Impacts of the Proposed Action The technical qualifications of NEVC0 to fulfill its responsibilities under  !

the proposed amended Operating License are consistent with the present technical qualifications of CEI because the proposed merger vill involve no  !

change in personnel responsibilities. When the necessary regulatory  ;

approvals are obtained and the merger is consummated, the present PNPP nuclear organization vill be transferred intact from CEI to NEVCO. The  ;

nuclear organization vill continue to report to CSC. All key personnel at l e

PNPP vould remain the same under the change.

i When the merger is consummated, NEVC0 and CSC will continue to operate, manage, and maintain PNPP in accordance with the conditions and i requirements established by the NRC, with the same regard for public and  !

personal safety heretofore exemplified by CEI and CSC. The existing and l continued organizational structure provides clear lines of authority and responsibility while ensuring that essential nuclear support functions provided by NEVC0 and CSC are dedicated to PNPP. ,

The effectiveness of the organization vill not be degraded by the merger. l Plant-specific needs vill continue to be addressed. Existing priorities and ongoing plant improvement projects vill be maintained.

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. 1 o Attachment 3 PY-CEI/NRR-1794L Page 3 of 3 In summary, the technical qualifications vill remain equivalent to those currently existing.

The merger vill not affect the corporate financial resources currently l available in support of PNPP operations.

As discussed in the license amendment application, the proposed changes have been reviewed pursuant to the standards provided in 10 CFR 50.92(c),

and has determined that the proposed changes do not involve a significant  :

hazards consideration. l The proposed changes do not involve an increase in the amounts, or a change in the types, of any radiological effluents that may be allowed to be released offsite. Furthermore, there is no increase in the individual or cumulative occupational radiation exposure.

With regard to potential non-radiological impacts, the proposed changes involve no increase in the amounts or change in types of any non-radiological effluents that may be released offsite, and have no other environmental impact.

Based on the above, it is concluded that there are no significant radiological or non-radiological environmental impacts associated with the >

proposed amendment.

Alternative to the Proposed Actions Since it has been concluded that the proposed action vill result in no significant environmental effects, any alternatives vill have only similar or greater environmental impact. The principal alternative would be to deny the requested amendment. This vould not reduce the environmental impact attributable to the facility.

Alternative Use of Resources This action does not involve the use of resources not previously considered in the Final Environmental Statement Related to the Operation of Perry j Nuclear Power Plant, Units 1 and 2 (NUREG-0884). j Finding of No Significant Impact The proposed license amendment has been reviewed against the criteria of 10 CFR 51.30 for an environmental assessment. As discussed above, the proposed amendment does not involve a significant hazards consideration, does not increase the types or amounts of effluents that may be released offsite, and does not increase individual or cumulative occupational radiation exposures. Accordingly, it has been found that the proposed license amendment, if approved by the Nuclear Regulatory Commission, vill have no significant impact on the quality of the human environment, and that no Environmental Impact Statement is required.

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Attachment 4 PY-CEI/NRR-1794L l PROPOSED ORGANIZATION l

l Senior VP, j l Nuclear l 1 l l

1 l VP Nuclear - l l Perry l l l l >

l CSC

_______________l_______________

l NEVC0 ,

I I I I I I I I I l Director, ll Director, ll General ll Director, l l Nuclear Assurancel l Engineering ll Manager l l Nuclear Services l l ll ll ll l [

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o Attachment 5 PY-CEI/NRR-1794L UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of: )

CLEVELAND ELECTRIC ILLUMINATING COMPANY, et r.l. ) Docket No. 50-440 Perry Nuclear Power Plant Unit No. 1 )

AFFIDAVIT I, Murray R. Edelman, being duly sworn, state that I am an Executive Vice President for Centerior Energy Corporation, President of Cleveland Electric Illuminating Company, and Vice Chairman of Toledo Edison Company, and that on -

behalf of those companies, I am authorized to sign and file with the U.S. Nuclear Regulatory Commission the documents attached hereto, and that all such documents are true and accurate to the best of my knowledge, information, and belief.

Further, I am authorized to state that NEUC0 vill be the successor corporation to Cleveland Electric Illuminating Company, upon the merger of Toledo Edison Company into Cleveland Electric Illuminating Company. Further, I shall serve as President of NEVC0 upon consummation of the merger, and that NEVC0 shall  !

be authorized and obligated to accept the ownership of Cleveland Electric Illuminating Company's and Toledo Edison Company's share of and to assume operator license responsibilities for the Perry Nuclear Power Plant, as described in the accompanying application for amendment to Operating License NPF-58. Upon its formation, NEUC0 agrees to be bound by all applicable NRC regulations, applicable license conditions (as identified in the amended License), technical specifications, and any applicable orders.

IN VITNESS VHEREOF, Centerior Energy Corporation has caused its name to be hereunto signed by Hurray R. Edelman, its Executive Vice President, and its corporate seal to be affixed hereto by Janis T. Percio, Assistant, Secretary to I Centerior Energy Company.

Date 4./_ 99 M v/ h MURRAY R. 1DELMAN Subscribed and sworn before me this / N day of 372 ne , 1994. j li kt s , s NdTARY PU 1IC 7 O  !

MARY E. O'R0 lily ATTEST r  % Attorney at low

\ Notary Public --- Stato of C;hio O Vv Commission has no Expimtion Dr to h

( Section O.R.C.147.03 Janis tr/ ercio, Asbistant Secretary

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