ML20072F131

Notice of Issuance of License NPF-17.Amend 7 to Indemnity Agreement B-83 Encl

ML20072F131
Person / Time
Site:	Mcguire
Issue date:	03/03/1983
From:	Adensam E Office of Nuclear Reactor Regulation
To:
Shared Package
ML20072F122	List: ML20072F131
References
NUDOCS 8303230325
Download: ML20072F131 (12)

Text

,

4 7590-01 UNITED STATES HUCLEAR REGULATORY COMrilSSIO!!

DOCKET NO. 50-370 MCGUIRE t:UCLEAR STATION, UilIT NO. 2 t!0TICE OF ISSUARCE OF FACILITY OPERATING LICEllSE Notice is hereby given that the Nuclear Regulatory Comission (the Comission) has issued Facility Operating License No. NPF-17 to the Duke Power Co'apany (the licensee) which authorizes operation of the McGuire Nuclear Station, Unit 2, (the facility) at reactor core power levels not in

)

excess of 3411 regawatts themal in accordance with the provisions of the License, the Technical Specifications and the Environnental Protection Plan with a condition currently limiting operation to five percent of full power (170 negawatts themal). Authorizaf ton to operate beyond five percent of full power will require specific Comission approval.

The McGuire Nuclear Station, Unit 2 is a pressurized water reactor l

located in Hecklenburg County, North Carolina, approximately 17 miles northwest of Charlotte, North Carolina. The license is effective as of its date of issuance and shall expire at nidnight on February 28, 2013.

The aoplication for the license complies with the standards and requirenents i

of the Atonic Energy Act of 1954, as anended (the Act) and the Comission's regulations.

Issuance of this license has been authorized by the Atomic Safety and Licensing Board by its Initial Decision, dated April 18, 1979, and its Supplerental Initial Decision dated May 26, 1981. The Comission has nam appropriate findings as required by the Act and the Comission's OFFICE)

" " " ^ " " > 8303230325 830303 PDR ADOCK 05000370 ou,p P PDR unc ronu sia now ancu auo OFFICIAL RECORD COPY usa mi_mm

7590-01 regulations in 10 CFR Chapter I, which are set forth in the license. Prior public notice of the overall action involving the proposed issuance of an operating license was published in the Federal Register on October 7,1974 (39 FR 36037).

The Comission has determined that the issuance of this license will not result in any environmental impacts other. than those evaluated in the Final Environnental Statement since the activity authorized by the license 1

is encompassed by the overall action evaluated in the Final Environmental Statement.

For further details in respect to this action, see (1) Facility Operating License NFP-17 complete with Technical Specifications and the Environmental Protection Plan; (2) the report of the Advisory Committee on Reactor Safeguards, dated April 12, 1978; (3) the Comission's Safety Evaluation Report, dated March 1978 (NUREG-0422), and Supplements 1 through 6; (4) the Final Safety Analysis Report and Amendments thereto; (5) the Final Environmental Statement, dated May 1974 and supplements thereto; (6) the Floodplain Aspects of the McGuire Nuclear Plant Site, dated September 3,1980; and (7) the Initial Decisions of the Atomic Safety and Licensing Board, dated April 18, 1979, and May 26, 1991, the Decision of the Atomic Safety and Licensing Appeal Board dated March 30, 1982, and the Comission's Memorandum dated July 27,1982.

l 1

. 7590-01 These itens are available at the Comission's Public Document Roon, 1717 H Street, ll.W., Washington, D. C. 20555, and at the Atkins Library, University of North Carolina, Charlotte (UNCC Station), North Carolina 28223.

A copy of Facility Operating License NPF-17 rnay be obtained upon request addressed to the U. S. Nuclear Regulatory Conmission, Washington, D. C. 20555, Attention: Director, Division of Licensing. Copies of the Safety Evaluation Report and its Supplecents (NUREG-0422) and the Final Environnental Statement nay be purchased at current rates from the hational Technical Information Service, Departnent of Con'erce, 5285 Pcet Royal Road, Springfield, /f rginia 22161, and through the NRC CPO sales program by writing to the 9. S. Nuclear

+

i Regulatory Comission, Attention: Sales fianager, Washington, D. C. 20555.

GPO deposit account holders nay call 301-492-9530.

Dated at Bethesda, !!aryland this 3rd day of March 1983.

FOR THE flUCLEAR REGULATORY COMtISSI0li e2 Elinor G. Adensan, Chief Licensing Branch No. 4 Division of Licensing

)

~1 i

i ft ornce>

................ ~ ~.

... - ~. - ~ ~ ~ -

.- ~~.- - -

~ ~ "

suanme >

................. - ~.

..... -.- ~~.-

~~~.-~~~~-

- ~ ~ ~.. - -

oney

. - - -... ~.....

. - -. ~ ~ - - -

~ ~

~ ~ ~

.nac ronu sis oo-soi nacu om OFFICIAL RECORD COPY usemenem

s

1. G%y~

UNITED STATES

_[.

A-NUCLEAR REGULATORY COMMisslON g,

y'

' wAsmNGTON,'D. C. 20555 g

/.

. Docket Nos. 50-369 50-370 AMENDMENT TO INDEMNITY AGREFMENT NO. B-83 AMENDMENT NO. 7 Effective March 3,1983

, Indemnity Agreement No. B-83, between Duke Power Company, and the. Nuclear Regulatory Commission, dated February 28, 19.78, as amended, is hereby further amended as follows:

Item 3 of the Attachment to the-indemnity agreement is deleted in its entirety and the following substituted therefor:

Item 3 - License number or numbers SNM-1773 (From 12:01 a.m., February 28, 1978, to

~

12 midnight, January 22, 1981 inclusive)

SNM-1885 (From 12:01 a.m., October 19,1981, to 12 midnight, March 2, 1983 inclusive)

NPF-9 (From 12:01 a.m., January 23,1981)

NPF-17' (From 12:01 a.m., March 3, 1983

)

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION c a.,- c.

2 a.,- cm.

Jerome Saltzman, Asp tant Director

- 7 State and Licensee,/ Relations Office of State Programs i

Accepted

,1983

[

r By -

DUKE POWER COMPANY

~

,.,,,, l..

p*"kg 4

UNITED STATES -

1 f

NUCLEAR REGULATORY COMMISSION 7

y, y_

. WASWNGTON, D. C. 20055.

\\...../~

~

Docket Nos. 50-369 50-370-e-

AMENDMENT TO INDEMNITY AGREEMENT N0._E-B3 AMENDMENT NO. 7 Effective March 3,1983, Indemnity Agreement No. B-83, between Duke Power. Company, and the Nuclear Regulatory Commission, dated February 28, 1978, as amended, is hereby further amended as follows:

Item 3 of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:

Item 3 - License number or numbers SNM-1773 (From l2:01 a.m., February 28, 1978, to 12 midnight, January 22, 1981 inclusive)

SNM-1885 (From 12:01 a.m., October 19, 1981, to 12 midnight, March 2, 1983 inclusive)

NPF-9 (From 12:01 a.m., January 23,1981)

NPF-17 (From 12:01 a.m., March 3,1983

)

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION ft w x,

Jerome Saltzman,- Ass stant DiPector Sta te and Lic~e~nsee'Rel'a~tio~ns~ " ~ '

~

Office of State Programs

.~

e Accepted

,1983 ns 1

~By DUKE POWER COMPANY

=

k c-,,, - -,.

,s-n

,,, - ~ -

- - - -, - - -,. ~.

2

,,-,.,,,.,-nmr.-.

1 Appendix C Antitrust Conditions Pursuant to an Order by the Atomic Safety and Licensing Board, dated April 23, 1975, the Nuclear Regulatory Commission incorporates in Operating License NPF-17 the following antitrust conditions:

a.

The licensee makes the commitments contained herein, recognizing that bulk power supply arrangements between neighboring entities normally tend to. serve the public interest.

In addition, where there are net benefits to all participants such arrangements also serve the best interests of each of the participants.

Among the benefits of such transactions are increased electric system relia-bility, a reduction in the cost of electric power, and minimization of the environmental effects of the production and sale of electric-ity.

Any particular bulk power-supply transaction may afford greater benefits to onc participant than to another. - The benefits realized by a small system may be proportionately greater than those realized by a larger system.

The relative benefits to be derived by the parties fran a proposed transaction, however, should not be controlling upon a decision with respect to the desirability of participating in the transaction.

Accordingly,

.the licensee will enter into proposed bulk power transactions of the types hereinafter described which, on balance, provide net benefits to the licensee.

Thece are net benefits in a trans-action if the licensee recovers the cost of the transactica (as defined in subparagraph (1)(d) hereof) and there is no demon-strable net detriment to the licensee arising from the trans-action.

'(1) As used herein:

(a)

" Bulk Power" means electric power and any attendant energy, supplied or made available at transmission ~ or sub-transmission

voltage by one electric system to another.

(b)

" Neighboring Entity" means a private or public corpora-tion, a governmental agency or authority, a municipal-ity, a cooperative, or a lawful association of any of the foregoing owning or operating, or proposing to own or operate, facilities for the generation and transmis-sion of electricity which meets each of the following criteria: (1) its existing or proposed facilities are economically and technically feasible of interconnection with those of the licensee and (2) with the exception of municipalities, cooperatives, governmental agencies or i

I r,

,,e w

m t

7

=

authorities, and associations, it is, or upon canmencement of operations will be, a public utility and subject to regulation with respect to rates and service under the laws of North Carolina or South Carolina or under the Federal Power Act; provided, however, that as to assoc-iations, each member of such association is either a public utility as discussed in this clause (2) or a municipality, a cooperative or a governmental agency or authority.

c.

(c) Where the phrase " neighboring entity"-is intended to -

include entities engaging or proposing to engage only in the distribution of electricity, this is indicated by adding the phrase " including distribution systems."

(d)

" Cost means any appropriate operating and maintenance expenses, together with all other costs, including a -

reasonable return on the licensee's investment, which

~

are reasonably allocable to a trarsaction. ~ However, no value shall be included for lors of revenues due to the-loss of any wholesale or retail customer as a result of any transaction hereafter described.

~.

(2)

(a) The licensee will interconnect and coordinate reserves by means of the sale and exchange of emergency and scheduled maintenance bulk power with any neighboring entity (ies),

when there are net' benefits'to each party', on terms that will provide for all of the licensee's properly assignable costs as may be determined by the Federal Energy Regulatory Commission and consistent with such cost assignment will allow the other party the fullest possible benefits of such coordination.

(b) Emergency service and/or scheduled maintenance service to:

be provided by each party.willebe furnishedito the fullest _

extent available from the supplying party ond desired by the party in need.

The licensee and each party will pro-

~

vide to the other emergency service and/or scheduled maintenance service if and when available from its own generation and~,. in accordance with ~recbgnized industry -

practice, from'ge6eration;ofeothers toithe7 extent"it'can do so without-imp. airing.sdrvice' to-its customers,2in-cluding other-blectFic'syst6ms'to Whom it-has' fi'rm~ fomi s

mi tme nt s.

O

j (c) Each party to a reserve coordination arrangeme t will establish its own reserve criteria, but in no event shall the minimum installed reserve on each system be less than 15%, calculated as a percentage of estimated peak load responsibility.

Either party, if it has, or has firmly planned, installed reserves in excess of the '

amount called for by its own reserve criterion, will offer.

any such exces's 'as may in fact be available' at the time for which it is sought and for such period as the selling party shall determine for purchase in accordance with reasonable industry practice by the other party to meet such other party's own reserve requirements.

The parties'

~

will provide such amounts of spinning reserve as may be

" ^

adequate to avoid the imposition of unreasonable demands' 4

on the other part(ies) in meeting the normal contingencies'"

of operating its (their) system (s).

However, in no cir-cumstances -shall such, spinning reserve requirement exceed the installed ' reserve requirement.

(d)

Interconnections will not be limited to low voltages when ~

higher voltages are available from the licensee's installed facilities in the area where interccnnection is desired and when the proposed arrangement is found to be techni-cally and economically feasible.

(e)

Interconnection and reserve coordination agreements will not embody proyisio.ns which impose limitations upn;the.

use or resale of power and energy sold or exchanged pursuant to the agreement. - Further, such arrangements will not prohib.it.t.he participants from entering into other interconnection and coordination arrangements, but may include appropriate provisions to assure that (i) the licensee receives adequate notice of such additional interconnection or coordination, -(ii)- the parties will jointly consider Land _agr,.ee_up.on.;such measur,es,-1,f any,'ast 1. _.. _

are reasonably necessary.to protect-the reliability of--

the interconnected systems and to prevent undue burdens from being imposed' on any system, and '(iii) the ' licensee

~

will be fully compensated for its costs.

Reasonable -

industry practice as develo time will satisfy 'this~pr& ped in the area from time to 1 sid " " " ' " ~ " '

" ' ~ ~ ' ' ~

(3) The licensee currenuy,.ha's' 'oq t1 ref,' (ana 'may".he'riaf,t'd'r,'f'iid,11Th7he.

Federal Energy' Regulatory Commission ' contracts with neighboring entity (ies) providing for the sale and exchange of short-tenn. power and energy, limited term power and energy, economy energy, non -

displacement energy, and emergency capacity and energy.

The licensee l

l

..--.. -- --+-

< will enter into contracts providing for the same or for like trans-actions with any neighboring entity on tems which enable the licensee to recover the full costs allocable to such transaction.

-(4) The licensee currently sells capacity and energy in bulk on a full requirements basis to several entities engaging in the distribution of electric power at retail.

In addition, the licensee supplies electricity directly to ultimate users in a_ number of municipalities.

Should any such entity (ies) or municipality (ies) desire to become a neighboring entity as defined in subparagraph (1)(b) hereof (either alone or through combination with others), the licensee will assist in facilitating the necessary transition through the sale of partial requirements firm power and energy to the extent that, except-for-such transition, the licensee would otherwise be supplying fim power and energy.

The provis:on of such fim p6rtial requirements ' service '

shall be under such rates, tems and conditions as shall be found by the Federal Energy Regulatory Commissioa~ to provide for the recovery of the licensee's cost.

The licensee will sell capacity and ener5y in bulk on a full requirements basis to any municipality currently served by the licensee when such municipality lawfully engages in the distribution of electric power at. retail.

(5)

(a) The licensee will facilitate the exchange of electric power in bulk in wholesale transactions over its trans-mision facilities (1) between or among two or more neighboring entities including distribution systems with which it'is interconnected or may be interconnected in the future, and (2) between any such entity (ies) and any other electric system engaging in bulk power, supply.

between whose' facilities the ~1icensees transmission lines and other transmission lines.would form a con-tinuous electric path, provided that pemission to utilize such other transmission l.ines.has.been obtained..

[

Such transaction shall be undertaken provided that-the particular transaction reasonably can be accommodated by:

the licensee's transmission systerr from'a functional and i

technical standpoint and.does not_ constitute the wheeling.

I I

of power to a retail customer.

Such transmission shall-be on tems that fully compensate the licensee for its' cost.

Any entity (ies) Rabis 'ndtice'o'f'its (th'Eir) ^ichedule and requesting such transmission arrangements shall give re5so i

requi rement s (b) The licens~ee'will'includeiihks plann'ing and E6ni[r~$ction i

program suf,figient transmi s,sion_capaqity a,s.re the transactions-r,eferred. to in. subparagraph (quired fora)lof-this,

paragraph, ~provided that (1) the neighboring ~ entity (ies) 6 9

. gives the licensee sufficient advance notice as may be necessary reasonably to accommodate its (their) require-ments from a functional and technical standpoint and (2) that such entity (ies) fully compensate the licensee for its cost.

In carrying out this subparagraph (b), however, the licensee shall not be required to construct or add transmission facilities which (a) will be of no demon-strable present or future benefit to the licensee, or (b) which could be constructed by the requesting entity (ies) without duplicating any portion of the licensee's existing transmission lines, or (c) which would jeopardize the licensee's ability to finance or construct on reasonable terms facilities needed to meet its own anticipated system requirements. Where regulatory or environmental approvals are required for the construction or addition of transmission facilities needed for the transactions referred to in subparagraph (a) of this paragraph it shall be the responsibility of the entity (ies) seeking the transaction to participate in obtaining such approvals, including sharing in the cost thereof.

(6) To increase the possibility of achieving greater reliability and economy of -electric generation and transmission facilities, the licensee will discuss load projections and system develop-ment plans with any neighboring entity (ies).

(7) When the licensee's plans for future nuclear generating units (for which application will hereafter be made to the Nuclear Regulatory Commission) have reached the stage of serious planning, but before firm decisions have been made as to the size and desired completion date of the proposed nuclear units, the licensee will notify all neighboring entities including distribution systems with peak loads smaller than the licensee's that the licensee plans to construct such nuclear units.

Neither the timing nor the information pro-vided need be such as to jeopardize obtaining the required site at the lowest possible cost.

(8) The foregoing commitments shall be implemented in a manner i

consistent with the provisions of the Federal Power Act and all other lawful local, state and Federal. regulation and authority.

Nothing in these commitments is intended to determine in advance the resolution of issues which are pro-perly raised at the Federal Energy Regulatory Commission con-cerning such commitments, including allocation of costs or the rates to be charged.

The licensee will negotiate (including the execution of a contingent statement of intent) 4 m

A y

c -.-

m.,

g

6-u with respect to the foregoing commitments with any neighboring entity including distribution systems where applicable engaging in or proposing to engage in bulk power supply transactions, but the licensee shall not be required to enter into any final arrange-ment prior.to resolution of any substantial questions as to the lawful ~ authority of an ' entity to engage in the transactions.

In addition, the licensee shall not be obligated to enter into a given bulk power supply transaction if: (1) to do so would violate, or incapacitate it from performing, any existing' lawful contracts it has with a third party; (2) there is contemporaneous 1y available to it a competing or alternative arrangement which affords it greater benefits which would be mutually exclusive of such arrangement; (3)'

to do so would adversely affect its -system operations or the relia-bility of power supply to its customers, or (4) if to do so'would-jeopardize the licensee's ability to finance or construct on reason-able tenns facilities needed to meet its own anticipated. system requi rements.

f 4 '

O b

e 9 **

O

(

1. j=

,,. - + = +.-

y-e.

9

- - t 4

=>s.

s u

a 4

5 +

+

[d d

f I.

- 9.81 4

• h d(

- s

)

F g

7

~

N l

I v-J I

4 e

+

yj a.

.. a

• +

se+ b PC

?

t 4

4

~, - - - - - -

l-(

March 3, 1983-

,/ ~ DISTRIBUTION

/

McGuire Unit 2 Operating License v Docket Fiie:

50-370 NRC PDR L PDR PRC System NSIC LBf4 Reading File EAdensam RBirkel MDuncan Attorney, OELD DEisenhut/RPurple TNovak ELJordan, DEQA:IE JMTaylor, DRP:IE

~~

LJHarmon, IE File (2)

JSauder WMiller IDinitz WJones,(0A)

(10)

TBarnhart (4)

BPCotter, ASLBP ARosenthal, ASLAP ACRS (16)

FPagano, IE WRegan, DE CMiles, OPA

=w

/