ML20100R088
| ML20100R088 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 02/27/1996 |
| From: | NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20100R091 | List: |
| References | |
| NUDOCS 9603120256 | |
| Download: ML20100R088 (11) | |
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t UNITED STATES l
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30006 4 001 THE CLEVELAND ELECTRIC ILLUMINATING COMPANY. ET AL.
DOCKET No. 50-440 PERRY NUCLEAR POWER PLANT. UNIT NO. 1 AMENDMENT TO FACILITY OPERATING LICENSE j
Amendment No. 81 l
License No. NPF-58 1.
The Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for amendment by The Cleveland Electric Illuminating l
Company, Centerior Service Company, Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, and Toledo Edison Company (the licensees) dated November 22, 1995, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the 1
Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; l
B.
The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C.
There is reasonable assurance (1) that the activities authorized by I
this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; i
D.
The issuance of this amendment will not be inimical to the common l
defense and security or to the health and safety of the public; and E.
The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.
2.
Accordingly, the license is amended by changes to the license as indicated in the attachment to this license amendment, and paragraph 2.C.(2) of i
Facility Operating License No. NPF-58 is hereby amended to read as l
follows:
9603120256 960227 PDR ADOCK 05000440 p
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(2) Technical 50ecifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No.
81 are hereby incorporated into this license.
The Cleveland Electric Illumbsting Company shall operate the facility
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in accordance with the Technical Specifications and the Environmental Protection Plan.
3.
This license amendment is effective as of its date of issuance.
i FOR THE NUCLEAR REGULATORY COMMISSION h,f=AQ William T. Russell, Director Office of Nuclear Reactor Regulation
Attachment:
Changes to the license Date of issuance: February 27, 1996 l
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ATTACMENT TO LICENSE AMENDMENT NO. 81 FACILITY OPERATING LICENSE NO. NPF-58 j
DOCKET N0. 50-440 i
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Replace the following pages of the license with the attached pages. The revised pages are identified by Amendment number and contains vertical lines indicating the area of change.
4 Remove Insert i
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g Appendix C Appendix C 1
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UNITED STATES p
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NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 30006-0001 4
CLEVELAND ELECTRIC ILLUMINATING COMPANY CENTERIOR SERVICE COMPANY DUQUESNE LIGHT COMPANY OHIO EDISON COMPANY OES NUCLEAR. INC.
l PENNSYLVANIA POWER COMPANY i
TOLEDO EDISON COMPANY DOCKET N0. 50-440 PERRY NUCLEAR POWER PLANT. UNIT N0. 1 FACILITY OPERATING LICENSE License No. NPF-58 1.
The Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for }icense filed by the Cleveland Electric Illuminating Company (CEICO) and Centarior Service Company acting on their own behalf and as agents fop the Duquesne Light Company, Ohio Edison Company, OES Nuclear, Inc., Pennsylvania Power Company, and l
the Toledo Edison Company (licensees) complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act),
and the Commission's regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B.
Construction of the Perry Nuclear Power Plant, Unit No.1 (the I
facility) has been substantially completed in conformity with 1
Construction Permit No. CPPR-148 and the application, as amended, the provisions of the Act, and the regulations of the Commission; I
The Cleveland Electric Illuminating Company and Centerior Service Company (both of which are wholly-owned subsidiaries of Centerior Energy Corporation) are authorized to act as agents for Duquesne Light Company, Ohio Edison Company, OEC Nuclear, Inc., Pennsylvania Power Company, and the Toledo Edison Company have exclusive responsibility and control over the physical construction, operation and maintenance of the facility.
Centerior Service Company was added as a licensee by Amendment No. 36.
8 OES Nuclear, Inc. is a wholly owned subsidiary of Ohio Edison Company.
i OES Nuclear, Inc. owns a portion of the 30% interest in Perry Nuclear Power Plant 1
Unit No. I attributable to Ohio Edison Company.
Ohio Edison Company remains fully responsible for all costs and expenses, including decommissioning expenses, relating to the portion of the Perry Nuclear Power Plant Unit No.1 owned by OES Nuclear, Inc. for the duration of the license through completion of plant decommissioning.
OES Nuclear, In,c. was added as a licensee by Amendment No. 81 c
to this license.
1 Amendment No. 81
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' C.
The facility will operate in confonsity with the application, as amended, the provisions of the Act, and the regulations of the Commission (except as exempted from compliance in Section 2.D below);
D.
There is reasonable assurance: (1) 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 Commission's regulations set forth in 10 CFR Chapter I (except as exempted from compliance in Section 2.D below);
E.
The Cleveland Electric Illuminating Company is technically qualified to engage in the activities authorized by this license in accordance with the Comunission's regulations set forth in 10 CFR Chapter I; F.
The licensees have satisfied the applicable provisions of 10 CFR Part 140 " Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; G.
The issuance of this license will not be inimical to the common defense and security or to the health and safety'of the public; H.
After weighing the environmental, economic, technical and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of this Facility Operating License No. NPF-58, 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 Commission's regulations and all applicable requirements have been satisfied; and I.
The receipt, possession, and use of source, byproduct and special nuclear material as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Parts 30. 40 and 70.
2.
Based on the foregoing findings regarding this facility, the Partial-Initial Decisions issued December 2,1983 and September 3,1985, by the Atomic Safety and Licensing Board in regard to this facility (affirmed by ALAB-841 dated July 25,1986) and pursuant to approval by the Nuclear Regulatory Commission at a meeting on November 7,1986, Facility Operating License No. NPF-58, which supersedes the license for fuel loading and low power testing,-License No. NPF-45, issued on Narch 18, 1986, is hereby issued to the C16 reland Electric Illuminating Company, Centerior Service Company, Duquesne Light Company, Ohio Edison Company, OES, Nuclear Inc.,
Pennsylvania Power Company and Toledo Edison Company (the licensees) to read as follows:
A.
The license applies to the Perry Nuclear Power Plant, Unit No.1, a boiling water nuclear reactor and associated equipment (the facility),
owned by the Cleveland Electric Illuminating Company, Duquesne Light Amendment No. 34,81
f.* l Company, Ohio Edison Compa' y, DES Nuclear, Inc., Pennsylvania Power i,
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Company and the Toledo Edison Company. The facility is located on the shore of Lake Erie in Lake County, Ohio, ap>roximately 35 miles northeast of Cleveland, Ohio, and is descri ad in the licensees' Final Safety Analysis Report, as supplemented and amended, and in the i
licensees' Environmental Report, as supplemented and amended.
B.
Subject to the conditions and requirements incorporated herein, the i
Commission hereby licenses:
I (1)
The Cleveland Electric Illuminating Company (CEICO)3 pursuant j
to Section 103 of the Act and 10 CFR Part 50, to possess, use l.
and operate the facility at the designated location in Lake County, Ohio, in accordance with the procedures and limitations j
set forth in this license; (2)
Duquesne Light Company, Ohio Edison Company, OES Nuclear, Inc.,
l Pennsylvania Power Company and Toledo Edison Company to possess the facility at the designated location in Lake County, Ohio, in l
accordance with the procedures and limitations set forth in this license; j
(3)
CEIC0, 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; l
(4)
CEIC0, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use at any time any byproduct, source and special nuclear material such as sealed neutron sources for i
reactor startup, sealed sources for reactor instrumentation and i
radiation monitoring equipment calibration, and as fission
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detectors in amounts as required; (5)
CEICO, 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 as to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or i
j components; and j
(6)
CEICO, 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.
(7)(a) Ohio Edison Company is authorized to transfer any portion of 3
j The CEIC0 nuclear org nization reports to l'enterior Service Company.
I Amendment No.-36,81 I
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4 its 30.0% ownership share of PNPP Unit I and a proportionate share of its interest in the PNPP common facilities to certain equity investors identified in its submission of January 23, 1987, as supplemented on March 3, 1987, and at the same time to lease back from such purchasers such interest sold in the PNPP Unit I facility. The term of the lease is for approximately 29-1 Such sale and leas /2 years subject to a right of renewal.
eback trans' actions are subject to the representations and conditions set forth in the above mentioned application of January 23, 1987, as supplemented on March 3,1987, as well as the letter of the Director of the Office of Nuclear Reactor Regulation dated March 16, 1987, consenting to such transactions. Specifically, a lessor and anyone else who may acquire an interest under these transactions are prohibited from exercising directly or i
indirectly any control over the licenses of PNPP, Unit 1.
For purposes of this condition the limitations of 10 CFR 50.81, as now in effect and as may be subsequently amended, are fully applicable to the lessor and any successor in interest to that lessor as long as the license for PNPP Unit I remains in effect; these financial transactions shall have no effect on the license for the Perry Nuclear facility throughout the term of the license.
(b)
Further, the licensees are also required to notify the NRC in writing prior to any change in:
(1) the terms or conditions of any lease agreements executed as part of these transactions; (ii) the PNPP Operating Agreement; (iii) the existing property insurance coverage for PNPP, Unit 1; and (iv) any action by a lessor or others that may have an adverse effect on the safe operation of the facility.
C.
This license shall be deemed to contain and is subject to the conditions specified in the 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 orifers of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:
(1)
Maximum Power Level CEICO is authorized to operate the facility at reacto.r core power levels not in excess of 3579 megawatts thermal (100%
power) in accordance with the conditions specified herein.
(2)
Technical Soecifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No. 81 are hereby incorporated into Amendment No.-2,81
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l the license. Cleveland Electric Illuminating Company shall i
operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
(3)
Antitrust Conditions a.
Cleveland Electric Illuminating Company, Duquesne Light Company, Ohio Edison Company, OES Nuclear Inc., Pennsylvania l
Power Company and the Toledo Edison Company shall comply l
with the antitrust conditions delineated in Appendix C to this license; Appendix C is hereby incorporated into this license.
b.
Centerior Service Company (CSC) shall comply with the antitrust conditions delineated in Appendix C to this license as if named therein.
CEICO is responsible and i
accountable for the actions of CSC to the extent that CSC's actions contravene the antitrust license conditions in Appendix C to this license.
(4)
Post-Fuel Loadina Initial Test Proaram (Section 14. SSER #3)'
I Any changes to the Initial Test Program described in Section 14
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of the FSAR made in accordance with the provisions of 10 CFR 50.59 shall be reported in accordance with 50.59(b) within one month of such change.
1 (5)
Inservice Insoection Proaram (Section 6.6.3. SSER #7)
Within six (6) months after exceeding 5% of rated thermal power, CEICO shall submit the Initial Inservice Inspection Program required by 10 CFR 50.55(a) for the NRC staff's review and approval.
(6)
Fire Protection (Section 9.5. SER. SSER fl. 2. 3. 4. 7 and 8)'
CEICO shall comply with the following requirements of the fire protection program: CEICO shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report as amended, for the Perry Nuclear Power Plant and as approved in the Safety Evaluation Report (NUREG-0887) dated Nay 1982 and Supplement Nos. I thru 10 thereto, subject to the following provisions:
a.
CEICO may make changes to the approved fire protection
' The parenthetical notation following the title of many license conditions I
denotes the section of the Safety Evaluation Report (SER) and/or its supplements wherein the license condition is discussed.
Amendment No.-36-M,81
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program without prior approval of the Commission only if j
.those changes would not adversely affect the ability to achieve and maintain safe shutdous in the event of a fire.
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.(7)
Detailed Control Room Desian Review flection 18. SSER #10) i 2
CEICO shall implement the remaining activities to complete the Detailed Control Room Design Review and correct all human engineering discrepancies (HED's) identified in Attachment 1.
! is hereby incorporated isto this license.
f (8)
Eneroency Plannina (Section 13.3. SSER #10) 4 In the event that the NRC finds that the lack of progress in j'
completion of the procedures in the Federal Emergency Management Agency's final rule (44 CFR Part 350) indicates that a major substantive problem exists in achieving or maintaining an adequate state of emergency preparedness, the provisions of 10 i
i CFR 50.54(s)(2) will apply.
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(9)
Deleted i
(10) Primary Containment air lock penetrations may be open during CORE ALTERNATIONS and movement of irradiated fuel within the i
primary containment, except when moving recently irradiated fuel l
(i.e., fuel that has occupied part of a critical reactor core within the previous seven days), provided the following conditions exist:
- One door in each air lock is capable of being closed.
- Hoses and cables running through the air lock employ a means to allow safe, quick disconnect or severance, and are tagged at the air lock with specific instrutions to expedite removal.
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- The air lock door is not blocked in such a way that it cannot be expeditiously closed.
- A designated individual is available to expeditiously close the air lock door.
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i Amendment No. 4 81 j
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D.
CEICO is exempted from:
- 1) the requirements of Section III.D.2(b)(ii), containment airlock testing requirements, Appendix J to 10 CFR Part 50, due to the special circumstance described in Section 6.2.6 of SER Supplement No. 7 authorized by 10 CFR 50.12(a)(2)(iii); and 2) the requirements of Section IV.F., Full Participation Exercise, of Appendix E to 10 CFR Part 50, due to the special circumstance described in the Exemption, dated November 6, 1986. These exemptions are authorized by law, will not present an undue risk to the public health and safety and are consistent with the common defense and security. The exemptions are hereby granted pursuant to 10 CFR 50.12. With the granting of these exemptions, the facility will operate, to the extent authorized herein, in conformity i
with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission.
6-E.
CEICO shall fully implement and maintain in effect all provisions of the Commission-approved physical security, guard training and qualification, and safeguards contingency plans including amendments l
made pursuant to provisions of the Niscellaneous Amendments and Search Requirements revisions to 10 CFR 73.55 (51 FR 27817 and 27822) and to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled:
" Perry Nuclear Power Plant Physical Security Plan," with 1
revisions submitted through September 11,:1987; " Perry Nuclear Power Plant Guard Training and Qualification Plan," with revisions submitted through August 12, 1986; and " Perry Nuclear Power Plant Safeguards Contingency Plan" (Chapter 8 of the Security Plan), with revisions submitted through Nay 15, 1986. Changes made in accordance with 10 CFR 73.55 shall be implemented in accordance with the schedule set forth therein.
F.
Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, CEICO shall report any violations of the requirements contained in Section 2.C of this license in the following manner:
initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written followup within thirty (30) days in accordance with the procedures described in 10 CFR 50.73(b), and (e).
G.
The licensees shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.
Amendment No. 81
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This license is effective as of the date of issuance and shall expire at midnight on March 18, 2026.
FOR THE NUCLEAR REGULATORY COMISSION ORIGINAL SIGNED BY:
Harold R. Denton, Director Office of the Nuclear Reactor Regulation i
Attachments / Appendices:
1.
Attachments 1 - 2 2.
Appendix A - Technical Specifications (NUREG-1204) l 3.
Appendix 8 - Environmental Protection Plan 4.
Appendix C - Antitrust Conditions Date of Issuance:
November 13, 1986
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Amendment No. 81
APPENDIX C PERRY NUCLEAR POWER PLANT. UNIT NO. 1 l
NPF-58 ANTITRUST CONDITIONS f.08 CLEVELAND ELECTRIC ILLUMINATING COMPANY l
DUQUESNE LIGHT COMPANY CHIO EDISON COMPANY OES NUCLEAR. INC.
PENNSYLVANIA POWER COMPANY TOLEDO EDISON COMPANY A.
The licensees are subject to the following antitrust conditions:
Definitions Ano11 cants shall mean the six 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.
Wheeline shall saan 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.
Licensina 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 cr 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 Regulatory Commission or refrain from instigating or prosecuting any antitrust action in any other forum.
Amendment No. 81 O