ML20082G844

Motion for Offical Notice to Correct Representation.* Moves Board to Take Official Notice of Encl NRC Records to Correct Representation Made at Prehearing Conference. W/Certificate of Svc

ML20082G844
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/07/1991
From:	Mcgranery J DOW, LOHNES & ALBERTSON, SCIENTISTS & ENGINEERS FOR SECURE ENERGY, SHOREHAM-WADING RIVER CENTRAL SCHOOL DISTRICT, NY
To:	Atomic Safety and Licensing Board Panel
References
CON-#391-12097 91-631-03-OLA-2, 91-631-3-OLA-2, OLA-2, NUDOCS 9108210115
Download: ML20082G844 (8)

Text

. j w97 UNITED STATES OF AMERICA NN NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD '9I ITI ~7 EdU # 3 Before Administrative Judges:

Morton B. Margulies, Chairman Thomas S. Moore, Alternate Chairman Dr. George A. Ferguson Dr. Jerry R. Kline

) Docket No. 50-322-OLA-2 In the Matter of )

) ASLBP No. 91-631-03-OLA-2 LONG ISL7.hD LIGHTING COMPANY ) *

) (Possession Only License)

(Shoreham Nuclear Power Station, )

Unit 1) )

) ,

MOTION FOR OFFICIAL NOTICE TO CORRECT REPRESENTATION There was a matter which arose at the pre-hearing conference of July 30 which surprised undersigned counsel for the Petitioners in the above-referenced matter, where counsel believes that reference to the official records of the Nuclear Regulatory Commission ("NRC") would correct a representation made ,

during that pre-hearing conference.

Therefore, Petitioners move the Atomic Safety and Licensing Board to take official notice of the NRC's official records to correct the representation as described below.

At the prehearing conference counsel for LILCO represented:

There was an assertion made by counsel by Petitioners that the only and inexorable purpose of a POL is to decommission a plant.

I am personally familiar, as counsel to a 9100210115 910807 Ch2 PDR ADOCH 05000322 G PDR

I I

1 1

licensee, of a POL which is used by owners of a happily actively operating plant that reflects the operating structure of that j plant. l There are multiple owners and one i operating unit. A POL is a flexible tool. I The plant is Wolf Creek, owned by Kansas Gas  ;

and Electric Company and Kansas Power and I Light Company and Kansas [ ] Electric [ Power 1 Cooperative Inc.). I I

July 30 Prehearing Transcript at 61 1.22-62 1.6.

Counsel for Petitioners has obtained the Wolf Creek I

Operating License from the Public Document Room and furnishes herewith the relevant first three pages of that license. Eansas Gas & Licht et al. (Wolf Creek Generating Station, Unit No. 1),

USNRC Docket No. STN 50-482, License No. NPF-42 (June 4, 1985).

Paragraphs 2.B. (1) & (2) make clear that Kansas City Gas & Electric Company was licensed "to possess, use and operate the facility" and that Kansas City Power & Light Company and Ka uas Electric Power Cooperative Inc. were licensed "to possess the facility."

A license "to possess" is simply not the same as a

" possession-only" license.

In issuing the Final Rule on General Requirements for Decommissioning Nuclear Facilities, the Commission recognized that the purpose of a " possession-only" is "to confirm the non-operating status of the plant and to reduce some requirements which are important only for operation prior to finalization of decommissioning plans." 53 Fed. Reg. 24018, 24024 col.2 (June 27, 1988). Thus, the existence of a " possession-only" license l

_ _ , __ , , _ . . , . _ . _ _ _ . _ . . _ . , , _ _ _ _ _ . . _ _~

i

~

F

_3 - l would be totally in conflict with the status of Wolf Creek as a

" happily actively operating plant."

F The fact that the Connission issued a license "to t

possess" in one case and a " possession-only" license in another case is not a choice between homonyms without significance.

Rather a " license to possess" is granted to those owners of an operating plant who are not authorized to operate that plant, l i

while a " possession-only" license is only issued in the j i

decommissioning process to confirm the non-operatina status of  :

that plant.

WHEREFORE, Petitioners move the Board to take official notice of the NRC records relied on above and attached hereto to correct the representation made at the pre-hearing conference.

Respectfully submitted, August 5, 1991 _.

'bes P. McGraner r.

W, LOHNES & ALB ON Suite 500 1255 Twenty-Third Street, N.W.

Washington, D.C. 20037 (202) 857-2929 Counsel for the Petitioners Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy Inc.

-[

5 l ,y 0 h"'n 1 UNITED STATES NUCLEAR REGULATORY COMMISSION W ASHING TON. D. C. 20555

$ l l  %, o . . .

• J KiNSAS GAS AND ELECTRIC COMPANY KANSAS CITY POWER & LIGHT COMPANY KANSAS ELECTRIC POWER COOPERATIVE, INC.

DOCKET NO. STN 50-482 WOLF CREEK GENERATING STATION, UNIT NO. 1 FACILITY OPERATING LICENSE License No. NPF-42

1. The Nuclear Regulatory Commission (the Comission) has fevnd that:

A. The application for license filed by Kansas Gas and Electric Company, Kansas City Power & Light Company, and Kansas Electric Power Cooperative, Inc. (licensees), complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Comission's regulations set ' orth in 10 CFI Chapter I, and all required notifica-tions to other seicie or bodiss have been duly made; B. Construction of the Wo'. Creek Generating Station, Uni,t No. 1 (the facility) has been substantially completed in conformity with Con-struction Permit No. CPPR-147 and the application, as amended, the provisions of the Act, and the regulations of the Comission; C. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Com-mission, (except as exempted from compliance in Section 2.D below);

D. There is reasonable assurance: (i) that the activities authorized by this operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Comission's regulations set forth in 10 CFR Chapter _I, (except as exempted from compliance in Section 2D below);

E. Kansas Gas and Electric Company

• is technically qualified to engage in the activities authorized by this license in accordance with the Comission's regulations set forth in 10 CFR Chapter I; '

• Kansas Gas and Electric Company is authorized to act as agent for the Kansas City Power & Light Company and the Kansas Electric Power Cooperative, Inc.,

and has exclusive responsibility and control over the physical construction, operation and maintenance of the facility, j 2 P

. F. The licensees have satisfied the applicable provisions of 10 CFR Part 140 " Financial Protection Requirements and Indemnity Agreements," of the Comission's regulations; G.

The issuance of this license will not be inimical to the comon defense and security or to the health and safety of the public; H. After weighing the environmental, economic, technical and other bene-fits of the facility against environmental and other costs and con-sidering available alternatives, the issuance of this Facility Oper- ,

ating License No. NPF-42, subject to.the conditions for protection of the environment set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with 10 CFR Part 51 of the Comission's regulations and all applicable requirements have been satisfied; and I. The receipt, possession, and use of source, byproduct and special nu-clear material as authorized by this license will be in accordance with the Comission's regulations in 10 CFR Parts 30, 40 and 70.

2. Pursuant to approval by the Nuclear Regulatory Comission at a meeting on June 3, 1985, the License for Fuel Loading and Low Power Testing, 3 License No. NPF-32, issued on March 11, 1985, is superseded by Facility Operating License No. NPF-42 hereby issued to Kansas Gas and Electric Company, Kansas City Power & Light Company, and Kansas Electric Power Cooperative, Inc. (the licensees) to read as follows:

A. The license applies to the Wolf Creek Generating Station, Unit No.1, a pressurized water nuclear reactor and associated equipment (the fa-cility), owned by Kansas Gas and Electric Company, Kansas City Power

& Light Company, and Kansas Electric Power Cooperative, Inc. The -

facility is located in Coffey County, Kansas, approximately 28 miles east-southeast of Emporia, Kansas, and is described in the licensees' ,

" Final Safety Analysis Report", as supplemented and amended, and in the licensees' Environmental Report, as supplemented and amended.

B. Subject to the conditions and requirements incorporated herein, the Com-mission hereby licenses Kansas Gas and Electric Company (KG&E), Kansas City Power & Light Company (KCPL) and Kansas Electric Power Cooperative, Inc.(KEPCO).

(1) Pursuant to Section 103 of the Act and 10 CFR Part 50 "00mestic Licensing of Production and Utilization Facilities," KG&E, .

to possess, use and operate the facility at the designated <

location in Coffey County, Kansas, in accordance with the procedures and limitations set forth in this license; (2) KCPL and KEPCO to possess the facility at the designated location in Coffey County, Kansas, in accordance with the procedures and limitations set forth in this license; r

4 (3) KG&E, pursuant to the Act and 10 CFR Part 70, to receive, possess and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended;-

(4) KG&E, pursuant to the Act and 10 CFR Parts.30, 40 and 70, to re-ceive, possess, and use at any time any byproduct, source and-special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentatior. and radia-tion monitoring equipment calibration, and as fission detectors in amounts as required; l

(5) KG&E, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required any byproduct, source or special nuclear material without restriction to chemical or physical form, for sample analysis or instrument ,

calibration or associated with radioactive apparatus or I components; and (6) KG&E, pursuant to the Act.and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.

C. This license shall be deemed to contain and is subject to the conditions specified in tFe Commission's regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power Level KG&E is authorized to coerate the facility at reactor core levels not in excess of 3411 megawatts thermal (100% power) power in accordance with the conditions specified herein and in Attach-ment I to this license. The activities identified in Attachment I to this license shall be completed as specified. Attachment 1 is hereby incorporated into this license.

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, are hereby incorporated into this license. KG&E shall operate the facility in accordance with the Technical Specifications and the Environmental Protection **

Plan.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ~ '[ni.[W BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

'91 ME -7 A;C :/,3

) m . .

In the Matter of ) Docket No. Sg-322-0lA-2j, ,

)  : . :. w LONG ISLAND LIGHTING COMPANY ) ASLBP No. 91-631-03-OLA-2

)

(Shoreham Nuclear Power Station, ) (Possession Only License)

Unit 1)~  ?

.)

CERTIFICATE OF SERVICE I hereby certify that copies of the Petitioners Motion for Official Notice to Correct Representation in the above-captioned proceeding have been served on the following by first-class mail, postage prepaid on this 5th day of August, 1991:

Morton B. Margulies, Chairman Jerry R. Kline Administrative Judge Administrative Judge Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatcry Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 George A. Ferguson Thomas S. Moore l Administrative Judge _

Administrative Judge i

! Atomic Safety & Licensing Board Alternate Chairman l U.S. Nuclear Regulatory Commission Atomic Safety & Licensing Board l 5307 Al Jones Drive U.S. Nuclear Regulatory Commission l Columbia' Bench, Maryland 20764 Washington, D.C. 20555 l W. Taylor Reveley, III, Esq. Samuel A. Cherniak, Esq. l Donald P. Irwin, Esq. NYS Department of Law '

Hunton & Williams Bureau of Consumer Frauds Riverfront Plaza, East Tcwer and Protection 951 East Byrd Street 20 Broadway  ;

Richmond, Virgirila 23219-4074 New York, New York 10271 l Michael R. Deland, Chairman Gerald C. Goldstein, Esq. i Executive Office of the President Office of General Counsel 1 Council on Er -ironmental Quality New York Power Authority 722 Jackson P~ . ace, N.W. 1633 Broadway l Washington, D.C. 20503 New York. New York 10019 i

l Stanley B. Klimberg, e ng. Nicholas S. Reynolds Executive Director & David A. Repka **

l General Counsel Winston & Strawn i

Long Island Power Authority 1400 L Street, N.W.

200 Garden City Plaza, Suite 201 Washington, D.C. 20005 Garden City, New York 11530

t 2_

Carl R. Schenker, Jr., Esq. Edwin J. Reis, Esq.

O'Melveny & Myers Mitzi A. Young, Esq.

555 13th Street, N.W. Office of General Counsel Washington, D.C. 20004 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Stephen A. Wakefield, Esq.

General Counsel U.S. Department of Energy 1000 Independence Avenue Room 6A245 Washincton, D.C. 20585 1_ Am -

mes P. McGranery .

unsel for the Pe ioners Shoreham-Wading River Central School District and Scientists and Engineers for Secure Energy, Inc.

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