ML20079M224

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Motion to Terminate Appellate Jurisdiction Retained in ALAB-463,ALAB-554 & ALAB-558 on Environ Effects of Radon Releases from Mining & Milling of U for Reactor Fuel & to Dismiss Proceedings as Moot.Certificate of Svc Encl
ML20079M224
Person / Time
Site: Hartsville  Tennessee Valley Authority icon.png
Issue date: 01/23/1984
From: Burger J, Sanger H, Wallace L
TENNESSEE VALLEY AUTHORITY
To:
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
ALAB-463, ALAB-554, ALAB-558, NUDOCS 8401270221
Download: ML20079M224 (17)


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'84 JMl 26 Ai0 :33 UNITED STATES OF AMERICA '

NUCLEAR REGULATOR JCUMNISSI'ON Before the Atomic Safety and Licensing Appeal Board In the Matter of )

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TENNESSEE VALLEY AUTHORITY ) Docket Nos. STN 50-519

) STN 50-521 (Hartsville Nuclear Plant )

Units 1B and 2B) )

MOTION TO TERMINt.TE APPELLATE JURISDICTION The Tennessee Valley Authority (TVA) requests that the Atomic Safety and Licensing Appeal Board terminate its appellate jurisdiction with respect to Hartsville Nuclear Plant B retained in ALAB-463, ALAB-55/. , and ALAB-558 on the environmental effects of radon releases from the mining and milling of uranium for reactor fuel and dismiss the proceedings as moot.

In LBP-76-16 and LBP-77-28 the Licensing Board made f avorable findings and authorized the issuance of permits to construct the Hartsville Nuclear Plant, Units 1A, 2A, 1B, and .

2B. In ALAB-463, ALAB-554, and ALAB-558, the Appeal Board affirmed the Licensing Board's decisions on all issues except the radon question. See Tennessee Valley Authority (Hartsville Nuclear Plant, Units lA, 2A, 1B, and 2B), ALAB-463, 7 N.R.C.

341 (1978); ALAB 554, 10 N.R.C. 15 (1979); ALAB-558, 10 N.R.C.

158 (1979). On November 19, 1982, the Appeal Board ruled that 8401270221 840123 o PDR ADOCK 05000519 "q G PDR s '

the environmental health effects of radon releases from uranium mining and milling were insufficient to tip the National Environmental Policy Act balance against operating the nuclear plants. Philadelphia Elec. Co. (Peach Bottom Atomic Power Station), ALAB-701, 16 N.R.C. 1517 (1982). See also Philadelphia Elec. Co. (Peach Bottom Atomic Power Station),

ALAB-540, 9 N.R.C. 428, 435 (1979), and ALAB-640, 13 N.R.C. 487 (1981). Although the Board stated that its conclusions about radon were equally applicable to the other facilities (including Hartsville) concerning which the Appeal Board had retained jurisdiction (see ALAB-701, at 1529 n.23), the Commission is holding in abeyance its decision to review ALAB-701 and has directed Licensing Boards to continue to defer consideration of radon issues. See Philadelphia Elec. Co. (Peach Bottom Atomic Power Station), CLI-83-14, 17 N.R.C. , (slip op. at 10-11)

(May 27, 1983).

TVA has attached to this motion a letter to Harold R.

Denton dated March 22, 1983, informing the NRC staff of TVA's decision to cancel Hartsville Plant B. Therefore , TVA moves that this Board terminate and dismiss as moot, without prejudice, the appellate proceedings with respect to Hartsville Plant B.

See Tennessee Valley Authority (Phipps Bend Nuclear Plant, Units 1 and 2), ALAB-752 (slip op.) (December 6, 1983);

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Duke Power Co. (Cherokee Nuclear Station, Units 1, 2 and 3),

AIJ.B-745 (slip op.) (October 12, 1983).

Respectfully submitted,

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t-Herbe*rt S. Sanger, Jr,l General Counsel Tennessee Valley Authority Knoxville, Tennessee 37902 Telephone No. 615-632-2241

[ewis E. Wallace ab4 (L M De uty General Counsel .

4 N 0kA% F. Burger

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% w Jame; ttorneys for Applicant Tennessee Valley Authority Knoxville, Tennessee

)Mu A9-y - 2 3,1984

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400 Chestnut Street Tower II March 22, 1983 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Denton:

In the Matter of the ) Docket Nos. STN 50-519 Tennessee Valley Authority ) STN 50-521 We are enclosing six copies of T7A's proposed cancellation plans for the Hartsville Nuclear Plant B. We request that you withdraw our con:truction permits, Nos. CPPR-101 and CPPR-153 Please let me know if you have any questions.

Very truly yours, TENNESSEE VALLEY AUTHORITY i-L. M. Mills, Manager Nuclear Licensing Subscrib,ed d sworn to efore,j me this M _ sday of 4Actu 1983 0D >

Notary Public

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My Commission Expires Enclosure (6)

JAD:STG:SCP cc (Enclosure):

ARMS, 640 CST 2-C J. W. Anderson, 902 HBB-K H. N. Culver, 249A HBB-K J. P. Darling, 546 CST 2-C M. T. El-Ashry, 126 LSB-K H. J. Green, 1750 CST 2-C J. Loney, 213 LSB-K R. L.-Lumpkin, Jr., 401 UBB-C W. T. Quinn, Hartsville .

J. A. Raulston, W10C126 C-K T. H. Ripley, 219 LSB-K H. S. Sanger, Jr., E11B33 C-K F. A. Szczepanski, 417 UBB-C COORDINATED: EN DES /JRitts; EQ3/DGengozian; PPS/RLance; ONR/JLoney w * - -

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TENNESSEE VALLEY AUTHORITY TVA CANCELLATION OF THE HARISVILLE NUG., EAR PLANT B Docks t Nos. SIN $0-519 SIN $0-521 March 1983 9

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TABLE OF CONTENTS fagg n

1.0 Introduction . . . . . . .. . . . . . . . . . . . . . 1 2.0 Site Stabilization . . . .. . . . . . . . . . . . . . 2 2.1 Disturbed Areas and Environmental Redressing. . . 2 2.2 State of Completion at Cancellation . . . . . . . 5 2.3 Permanent Site Modifications. . . . . . . . . . . 6 2.4 Future Use . . . . .. . . . . . . . . . . . . 6 3.0 Environmental Monitoring and Mitisation Programs . . . . . . . . ... . . . . . . . . . . . . 7 4.0 Socioeconomics . . . . . ... ... . . . . . . . . . 8 i

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1.0 Introduction On Augnst 25, 1982 the Tennessee Valley Authority decided to cancel the Hartsville Nuclear Plant B. Section 2.0 provides a summary of those activities TVA will conduct to stabilize the portion of the site dedicated emelusively to construction of Hartsville Plant B.

Several activities associated with the Hartsville Nuclear Plant B are conducted under the permits issued by other regulatory agencies. Examples of permits within this category include: NPDES permits issued by the Environmental Protection Agency, Section 404 and Section 10 permits issued by the Corps of Engineers, air quality permits issued by the State, and FAA permits issued by the Federal Aviation Administration. '1VA is in the process of discussing with these regulatory agencies the need to retain, i

modify, and/or renew those aspects of the permits which relate to the cancelled nuclear units. Thus, descriptions of these activities are not addressed herein.

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2.0 Site Stabilization 1

He f ollowing information describes the stabilization plans f or the 78 acres which were exclusively committed to the cancelled Hartsville Nuclear Plant B (HIB) .

The situation at Hartswille Nuclear Plant (HIN) site is unique in that '1VA has two plants lo?ated in close proximity within a common boundary. While HIB has been cancelled, the Hartsville Plant A (HTA) is in deferred status and depending on future need, may eventually ~ be completed. ne stabilization program will prepare the 78 acres exclusively committed to HIB for incorporation into the HTA construction project. Any features that are common to the operation of both HTA and HIB will be modified as required and included as part of the HTA construction effort.

2 .1 Disturbed Areas and Environmental Redressim he disturbed areas that resulted from construction of HTB (approximately 78 acres) are denoted on figure 1. Within this area there are 12 acres committed to the permanent f eatures of the cancelled HIB, 4 acres of roadways, 4 acres resulting f rom the excavation of 1 of the spray ponds in rock, 3 acres committed to the 500-kV switchyard, and 55 acres of temporarily disturbed land. He original land use, of the site (before construction of HTB) is described in section 2',2 of IVA's Environmental Report. ,

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t The partially completed permanent structures will be lef t in place in essentially their present condition. Access to these structures will be barricaded to prevent unauthorized entry and thus limit conditions that could constitute a hazard to TVA employees or visitors to the site.

Barricades will be in addition to normal HTA plant security that will be maintained for the entire site. Current plans are f or these partially completed permanent plant buildings to be cleared of debris and drained for -

vector control.

Since rosdways are currently gravelled, no further stabilization is planned.

The partially completed ESW spray pond which was excavated into rock will remain as is.

The remaining areas of cancelled HIB will be stabilized by backfilling existing depressions, sumps, or temporary excavations as required to provide drainage, and grass cover will be established. Existing grassed or gravelled aret s will be lef t as is. Remaining denuded stans will be graded ll to drain and will be grassed. HTB site drainage will continue to be directed to the HIN construction holding ponds during the s tabilise tion effort. Current plans are f or all temporary construction warehouses to be left in place f or onsite materials storage in support of HTA.

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Miscellaneous steel equipment within the Hartsville Plant B 500-kV switchyard area will be removed. Remaining concrete f oundations will be lef t in place. The switchyard area around the foundations is currer.tly gravelled and drains into the construction holding ponds. No further stabilization is requirsd.

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C 2.2 State of Comoletion at cancellation i

At the time of cancellation (August 25, 1982), HIB construction progress for unit I was 19-percent complete and unit 2 was 9 percent complete.

Listed below is a percent of structural completion for the major permanent features / structures. (Structural completion is based on quantity of concrete poured to date.)

BTB Permanent Plant Features Percent Complete Feature Unit 1 Unit 2 Common to BIB

1. Auxiliary building 37 22
2. Fuel building 24 8
3. Reactor building 17 7
4. Turbine building 44 ~16
5. Cooling towers 0 0
6. Control building 9 0
7. CCW pump station 60
8. ESW pump stations and intake structure 43
9. Makeup water treatment plant 27
10. Saf ety office and security building 0 t

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12. Central service facility 56
13. Switchyard 32 y =w w e, yi -g- ,---e -

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Some miscellaneous equipment has been installed in the plant buildings.

hit equipment will be dispositioned at TVA's option. Also, buried piping and electrical conduits, either permanent or temporary, will be abandoned.

2.3 Fcreasent Site Modifications Permanent modifications to the site which may preclude other land uses include the main plant f eatures listed previously and the partially completed spray pond. -

The partially completed permanent structures will be lef t in place in essentially their present condition. Access to these s'tructures will be barricaded to prevent unauthorized entry and thus limit conditions that could constitute a hazard to IVA employees or visitors to the site.

Current plans are f or these partially completed permanent plant buildings to be cleared of debris and drained for vector control.

The partially completed spray pond will remain as is.

Concrete foundations rhich exist within the 500-kV switchyard will be lef t as is.

2 .4 Future Use The HIB area is a part of the HIN reservation. Final grade and stabilization will be incorporated into the HIN site reservation. n e HIB

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area is dedicated to the support of IVA's power system facilities as a part of HIN reservation. He area may be used as required for materials storage, Inydown areas, transmission facilities, and other work or use in support of completion of HTA.

Surfaced roads, grassed, and gravelled areas, etc. , will be maintained in a stable condition. Any areas ths,t become susceptible to erosion will be graded to drain and will be grassed. .

IVA will permit secondary use of the site when a requested use is compatible with existisg or proj ected TVA f acilities and operation's at the site.

3.0 Environmental Monitorina and Mitiantion Proarams ,

i The envirennentsi monitoring and mitigation progra.as were developed and have been maintained as single programs f or the Hartsville Plants A and B.

The waterfow1/ wetlands wildlife program will be discontinued af ter the fall / winter cycle (April 1983) . This would complete the collection of 10 years of data committed to in construction permit licensing. We believe l -

that this data would be beneficial and could be utilized at the resumption l

of site activities.' Data will be analyzed and the results summarized.

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The threatened bird species monitoring program will be discontinued af ter the May 1983 census. The five years of census data will be analyzed and the results summarized.

The preconstruction / construction radiological monitoring program will be discontinued. TVA will evaluate the need for reestablishment of this j monitoring program if future site activities warrant.

Ground water monitoring will be discontinued.

Attachment C of the construction permit requires specific monitorirs

' a c t ivi tie s, all of which are associated with monitoring the effects' of diffuser excavation on the endangered mussel, Lampsillis orbiculata.

Because most of the monitoring eff orts are required immediately bef ore, curing, and after excavation, only minor review activities will be required during the deferral period.

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Ile meteorological tower will be considered dedicated to HTA and will be maintained in an inoperative mode.

4.0 Socioeconomics Deferral / Cancellation Impact Mitimation--A def erral/ cancellation impact mitigation program was developed and is being implemented as a single i

[ program for the Hartsville, Phipps Bend, and Yellow Creek proj ects.

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In August 1981 TVA authorized $150,000 at each project for Laplementation of a deferral econemic impact mitigation program. The purpose of this program was to help off set the Lapacts of sudden unexpected unemployment in the areas around the def erred nuclear plants.

More recently, TVA approved an additional two-fold def erral/ cancellation economic impact mitigation program. This program is designed to stimulate rapid creation of new, permanent private-sector job opportunities in the impact areas. Under this program, a total of approximately $3 million for the three project areas is a allable on a loan basis to local communities for strategic investment in industrial development proj ects. These loans are to be provided interest free for up to three years with interest at IVA's long-term borrowing rate beyond this period. The program also provides $250,000 for the three projects for a training / retraining element designed to supply the labor for new industry attracted to the area as a result of the loan program efforts, TVA is presently receiving and evaluating requests for participation in the loan program and will continue to do so until September 30, 1983. As of l

l that date, any unexpended funds will be retained by TVA and all mitigation assistance activities will be t e rmina te d. Al so a t that time, summary socioeconomic impact monitoring reports will be prepared.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In the Matter of )

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TENNESSEE VALLEY AUTHORITY ) Docket Nos. STN 50-519

) STN 50-521 (Hartsville Nuclear Plant )

Units 1B and 2B) )

CERTIFICATE OF SERVICE I hereby certify that I have served the original and two conformed copies of the following document on the Nuclear Regulatory Commission by depositing them in the United States mail, postage prepaid and addressed to Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. Attention:

Chief, Docketing and Service Section:

Motion to Terminate Appellate Jurisdiction and that I have served a copy of the above document upon the l persons listed below by depositing them in the United States mail, postage prepaid and addressed:

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Chairman .

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.L. 20555 g ~ - -

Alan S. Rosenthal, Esq., Chairman Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Leroy J. Ellis III, Esq.

General Counsel Department of Conservation State of Tennessee 701 Broadway Nashville, Tennessee 37203 Robert B. Pyle, Esq.

Rucker & Pyle 4785 Highway 58 Chattanooga, Tennessee 37416 William B. Hubbard, Esq.

Chief Deputy Attorney General State of Tennessee 450 James Robertson Parkway Nashville, Tennessee 37219 This 2.3d day of dtWw A-0 Y , 1984.

James Y*t

. Burger v Nw A orney for Applicant Tennessee Valley Authority

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