ML20082L420

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Motion to Terminate Appellant Jurisdiction Re Facility, Retained in ALAB-506 on Environ Effects of Radon Releases from Mining & Milling of U for Reactor Fuel.Proceeding Should Be Dismissed as Moot.Certificate of Svc Encl
ML20082L420
Person / Time
Site: Phipps Bend  Tennessee Valley Authority icon.png
Issue date: 11/30/1983
From: Burger J, Sanger H, Wallace L
TENNESSEE VALLEY AUTHORITY
To:
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
ALAB-506, NUDOCS 8312050500
Download: ML20082L420 (21)


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. '83 DEC -2 NO 59 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 50-553

) STN 50-554 (Phipps Bend Nuclear Plant Units 1 and 2) ,

MOTION TO TERMINATE APPELLATE JURISDICTION The Tennessee Valley Authority (TVA) requests that the Atomic Safety and Licensing Appeal Board terminate its ,

appellate jurisdiction with respect to Phipps Bend Nuclear Plant retained in ALAB-506 on the environmental effects of radon releases from the mining and milling of uranium for -

reactor fuel and dismiss the proceedings as moot.

i In LBP-77-60 and LBP-78-1 the Licensing Board made I

favorable findings and authorized the issuance of permits to  :

i construct the Phipps Bend Nuclear Plant, Units 1 and 2. In ALAB-506 the Appeal Board af firmed the Licensing Board's decisions on all issues except the radon question. See l Tennessee Valley Authority (Phipps Bend Nuclear Plant, Units 1 and 2), ALAB-506, 8 N.R.C. 533, 550 (1978). On November 19, i 1982, the Appeal Board ruled that the environmental health effects of radon releases from uranium mining and milling were i 0312050s00 s3133o gDRADOCK05000 hgh

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 Phipps Bend) 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 letters to Harold R.

Denton dated October 26, 1982, and February 16, 1983, informing the NRC staf f of TVA's decision to cancel Phipps Bend. There-fore, TVA moves that this Board terminate and dismiss as moot, without prejudice, the appellate proceedings with respect to 2

Phipps Bend. See Duke Power Co. (Cherokee Nuclear Station, Units 1, 2 and 3), ALAB-745 (slip op.) (October 12, 1983).

Respectfully submitted, k -

(w%A k Herbert S. Sanger, Jr. Q General Counsel Tennessee Valley Authority Knoxville, Tennessee 37902 Telephoca No. 615-632-2241

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Lewis E. Wallace W

uty General Counsel

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James F. Burger N torneys for Applicant Tennessee Valley Authority Knoxville, Tennessee

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! CERTIFICATE OF SERVICE d

ii l I hereby certify that I have served the original and

1 ll two conformed copies of the following document on the Nuclear 4

! Regulatory Commission by depositing them in the United States

, mail, postage prepaid and addressed to Secretary, U.S. Nuclear l 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 persons listed below by depositing them in the United States i mail, postage prepaid and addressed
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! Office of the Executive Legal Director i u.S. Nuclear Regulatory Commission Washington, D.C. 20555 t

Chairman j Atomic Safety and Licensing Board Panel

U.S. Nuclear Regulatory Commission
l Washington, D.C. 20555 0

ll Alan S. Rosenthal, Esq., Chairman ij Atomic Safety and Licensing Appeal Panel

! U.S. Nuclear Regulatory Commission 1 Washington, D.C. 20555 1

Dr. John H. Buck Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard S. Salzman, Esq. j Atomic Safety and Licensing Appeal Panel ,

U.S. Nuclear Regulatory Commission i l Washington, D.C. 20555 l 4 i l

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William B. Hubbard, Esq.

Chief Deputy Attorney General State of Tennessee 450 James Robertson Parkway l

Nashville, Tennessee 37219 This304 day of McNon6EL , 1983.

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r m Jamed F. Burg'er

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Attorney for Applicant

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- February 16, 1983 Mr. liarold 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 50-553 Tennessee Valley Authority ) STN 50-554 Please reference my letter to you dated October 26, 1982 regarding TVA's decision to cancel the Phipps Bend Nuclear Plant. We have - -

enclosed six copies of TVA's proposed cancellation plans for the site. We request that you withdraw our construction permits, Nos.

CPPR-162 and CPPR-163 Please let me know if you have any questions.'_ ___ _ ____

Very truly yours, TENNESSEE VALLEY At!THORITY (h '

M.' Mills, Mapage ,

Nuclear Licensing Subscribega me this /Le g. sworn t p aroreday of Mattat441983

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Notary Public My Commission Expires - ~

Enclosure (6) ,

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TENNESSEE VALLEY AU11l0RITY

'IVA CANCELLATION OF

'IllE PHIPPS BEND NUCLEAR PLANT Docket Nos. SIN 50-553

, SIN 50-554 February 1983 1

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. TABLE OF CONTEN13

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1.0 Introduction . . . . . . . . . . . . . . . . . . . . . 1 2.0 Site Stabilization . . . . . . . . . . . . . . . . . . 2 2.1 Disturbed Areas and Environmental Redressing. . . 2 2 .2 Sta te of Compl etion a t Cancellation . . . . . . . 4 2.3 Permanent Site Modifications. . . . . . . . . . . 5 2.4 Future Use . . . . . . . . . . . .. . . . . .. 6 3.0 Environmental Monitoring and Mitigation Programs . . . . . . . . . . . . . . . . . . . . . . . 8 4.0 Socioeconomics . . . . . . . . . . . . . . . . . . . . 9 6

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  • 1.0 Introduction -

On August 25, 1982 the Tennessee Valley Authority decided to cancel the Phipps Bend Nuclear Plant (PBN). Section 2.0 provides a summary of those activities IVA will conduct to stabilize the site.

Several activities associated with the Phipps Bend Nuclear Plant are conducted under the permits issued by other regulatory agencies. Exampl e s 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 permit s issued by the State, and FAA permits issued by the Federal Aviation Administration. TVA is in the process of discussing with these regulatory agencies the need to retain, modify, and/or renew those aspects of the permits which relate to the cancelled nuclear units. Thus, descriptions of these activites are not addressed herein.

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. 2 .0 Site Stabilization l l

1he f ollowing information describes the stabilization plans f or the  !

l 1270 acre site of the cancelled Phipps Bend Nuclear Plant: l l

2.1 Disturbed Areas and Environmental Redression The disturbed areas, approximately 640 acres, at PBN include about 199 acres of denuded and spoils areas (shown as numbers 7,94-104, and 106, on -

Figure 1), 141 acres of gravelled open storage areas (77-93), 162 acres of construction plant f acilities which include buildings (11-47 and $1-76) ,

roadways and parking areas (48-50),10 acres of land committed to permanent features of PBN site (1-6), 89 acres of land committed to the substation (9 and 105) and its connecting transmission corridors and substation drainage pond, and 39 acres of temporary holding ponds for plant runof f. The

. original land use of the site (before construction of PBN) is described in Section 2.2 of TVA's Environmental Report.

The denuded areas designated in Figure I have been stripped of topsoil and vegetation. These denuded areas will be graded for proper drainage and grass cover established to control erosion.

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The construction holding pond will be retained and used to collect and trea t construction runof f f or the duration of site stabilization. NPDES pe rmi t limitations for this discharge point will remain in effect during this period. A decision as to the f uture sta tus of the holding pond will be made at the conclusion of site stabilization activities.

Materials presently located in the open storage areas will be removed from the site. Since these tracts are presently gravelled, no further stabilization effort is planned for these areas.

Current plans are to remove all temporary construction buildings f rom the site within approximately 5 years unless a continued need for onsite materials storage is identified or alternate onsite uses for the structures are established.

Concrete slabs that remain af ter removal of the buildine,s will be lef t in place. Since roadways and parking areas are pre sently gravelled, ,

no additional stab 111:stion is required on these areas.

Partially comple ted permanent plant structures will be lef t in place in essentially their present condition. At this time. TVA's only plans with O

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. regard to these structures are to establish b es tc prevent unauthorized entry and to limit conditions tr. sould constitute a hazard to TVA employees or to the public. These barriers will remain in place until such time as a spoeific need for the land area or structures has been identified. -

ne area around the main plant partially completed structures, cooling tower area, essential service water spray pond areas, and intake pump station will be graded to provide drainage f rom the area. Backfill will be placed in existing depressions, sumps, or excavations as required to provide drainage. Site drainage will continue to be directed

. into the construction holding pond. After grade is established, grass cover will be established in all areas except graveled surfaced areas.

concretc slabs, and buildings.

Because of transmission system needs, the Phipps Bend switchyard will be completed and will serve TVA as a 500-kV substation. Construction of the Phipps Bend transmission line connections will also be completed.

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2 .2 State of Completion _at Cancellation At discontinuat..on of construction activities (March 25,1982) ,

construction psogress for unit I was 27 percent complete and unit 2 was 11-percent complete. Listed below is a percent of structural concrete completion for the major features / structures.

Percent Complete Feature Unit 1 Unit 2 Common

1. Auxiliary building 50% 14%
2. Fuel building $ 6% 11%
3. Reactor building 33% 13%
4. Turbine building 73% 15%
5. Cooling towers 5% 0%
6. Control building 32%
7. CCW pump station 79%
8. ESW ponds and intake structure 51%
9. Makeup water treatment plant 51%
10. Safety office and security building 92%
11. Radweste building $5%

Some miscellaneous equipment has been installed in the plant buildings. This equipment will be removed at TVA's option. Also, ~

i buried piping and electrical conduits, either permanent or temporary, will be abandoned.

As of August 25, 1982, the plant switchyard was a t least 99 percent c ompl e t e. The switchyard will be completed and will serve a s a 500-kV substation. Construction on all transmission lines associated with the 1

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Phipps Bend site was complete as of August 25, 1982, with the exception of the four John Sevier-Phipps Bend 161-kV transmission lines. '1he s e lines were approximately 50 percent complete as of the cancellation date and all will be completed to moet system needs.

2.3 P_ermanent Site Modifications Permanent modifications to the site, which preclude other land uses, include the main plant structures, the elec trical substation, and transmission corridors. The holding pond, the concrete slabs which remain af ter removal of the construction buildings, and the various graveled areas around the site will remain as a site modification for an indefinite period

- of time.

TVA will barricade the main plant structures to prevent unauthorized entry and thus limit conditions that could constitute a hazard to 'IVA employees or to the public. Current plans are for these main plant buildings to be drained f or vector control.

The electrical substatioc and transmissica corridors will be maintained and operated a s a portion of 'IVA's power grid system.

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-y-The construction holding pond is a temporary preclusion to other land uses since it will be retained and used to collect and treat site runof f for the duration of site stabilization.

2 .4 Future Use The Phipps Bend site will be retained in TVA'r. inventory for potential future use as a genera ting f acility site. -

IVA will make the site available to public and/or private entities for appropriate uses on an interim basis. Until such time as a specific permanent use is identified the site could be used for agricultural, recreational, or light manuf acturing purposes by neighboring communities

, and organizaticas. How ev er , any use by non-IVA entities would be in a manner that would not interf ere with ongoing TVA security requirements or with future use of the site for a power generating f acility (buildings primarily available for lease are shown on Figure 1.)

At the end of this interim use period, interim use areas and structures could be retained and incorporated into construction of some planned permanent site f acility or removed and the area environmentally stabilized.

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Surf aced roads and parking lots, gravelled areas, etc., will be I

maintained in an environmentally sound condition. Any areas that become susceptible to erosion will be graded to drain and grassed.

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3.0 Environmental Monitorina and Mitimation Pronrams All terrestrial monitoring programs have been terminated. Technical reviews of site stabilization plans and land use proposals will be pe rf orm ed.

'IVA plans to remove the meteorological tower and associated hardware f rom the site. How ev e r, if '1VA does decide to retain the meteorological tower,

'IVA will maintain it in an inoperative mode.

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10-4.0 Socioeconomics Deferral / Cancellation Impact Mitization--A def erral/ cancellation impact mitigation program was developed and is being implemented as a single program for the Hartsville, Phipps Bend, and Yellow Creek proj ects.

In August 1981, TVA authorized $150,000 at each project for implementation of a deferral economic impact mitigation program. The purpose of this program was to help off set the impacts 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 available 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 TVA's long-term borrowing rate beyond this period. The program also provides $250,000 for the three projects for a training /re training element i designed to supply the labor for new industry attracted to the area as a result of the loan program eff orts.

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TVA is presently receiving and evaluating reque st s for participa tion in the loan program and will continue to do so natil September 30, 1983. As of that date, any unexpended funds will be retained by '1VA and all mitigation assistance activities will be terminated. Also at that time, summary socioeconomic impact monitoring reports will be prepared.

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( 0 Chsstnut Stract TowIr II October 26, 1982

  • 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 STN 50-553 STN 50-554 As you are aware, TVA has made a decision to cancel Hartsville Nuclear Plant B and Phipps Bend Nuclear Plant. We are now in the process of preparing a formal submittal to you to reques,t withdra:ial of these construction permits and to address our proposed actions regarding the future use of these sites and their related structures, systems, and components. .

The purpose of this letter is to inform you that discussions'are underway regarding leasing of portions of the Phipps Bend Nuclear Plant site to Lansdowne Steel and Iron Company for a period of ten years.

Approximately 20 acres of the 1,270 acre site will be involved. This interim use will not impact our long range plans for the site nor will it

. effect the security of any of the safety-related plant structures. We are enclosing a description of the portions of the site under consideration.

Please let us know if you have any questions regarding the above.

4 Very truly yours, TENNESSEE VALLEY AUTHORITY

. . .d4

. M. Mills, Manager Nuclear Licensing

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ENCLOSURE

  • Lansdowne Steel and Iron Coiopany (Lansco) has determined that the
  • Phipps Bend site meets its criteria for a proposed Lansco facility with 10 of Phipps Bend buildings (listed below) and with the construction of a 9,000 square foot, 63-foot high pre-engineered building. This would require some modification of the existing 10 buildings transforming them from warehousing to manufacturing and would include the installation of heating systems, insulation of buildings, redistribution of electrical power, installation of additional sanitary facilities as required by code, providing additional protection for metal building panels and the construction of a loading and unloading facility within a building. Lansco has also proposed to construct a 50,000 square foot, 8-inch wire reinforced concrete storage pad for outside storage.

BUILDINGS TO BE LEASED Building Square Feet Structural Steel Shop 15,000 Paint Storage 4,000 Staging and Sandblast Building 16,500 t and Paint Shop  ;

Fab Shop 10,500 Sheet Metal Shop 10,500 Electrical Shop , 7,200 Light and Heavy Equipment 22,500 and Machine Shop -

Boiler Maker Shop 10,800 Pipe Shop 18,000 Stainless Steel Shop 5,000 4

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