ML20101U134

Environ Protection Plan (Nonradiological), to License NPF-35

ML20101U134
Person / Time
Site:	Catawba
Issue date:	01/17/1985
From:	NRC
To:
Shared Package
ML20101U131	List: ML20101U130 ML20101U134 ML20101U139
References
NUDOCS 8502070062
Download: ML20101U134 (24)

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January 17, 1985 4

APPENDIX B TO FACILITY OPERATING LICENSE NO. NPF-35 CATAWB'A NUCLEAR STATION UNITS 1 AND 2 DUKE POWER COMPANY DOCKET NOS. 50-413, 50-414 4

ENVIRONMENTfL PROTECTION PLAN (NONRADI0 LOGICAL) 8502070062 850117

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CATAWBA NUCLEAR STATION UNITS 1 AND 2 ENVIRONMENTAL PROTECTION PLAN (NON-RADIOLOGICAL)

TABLE OF CONTENTS LSection-Pace 1.0 Objectives of the Environmental Protection Plan.......

1-1 2.0 ' Environmental Protection Issues................

2-1 2.1-~ Aquatic Issues........................

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2.2 fTerrestrial Issues......'................

2-1 2.3 Atmospheric Issues.....................

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-3.0 ; Cons'istency Requirements...................-

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'3.1 ~ Plant Design and Operation....

3-1 3.2 ~ Reporting Related to the NPDES Permit and

State Certifications........-............

3-2 13.3 Changes Required-for Compliance with-Other.

Environmental Regulations...................

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'4.0 Environmental Conditions..................

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.4.1. Unusual or Important'Environmentaf Events..........

a-1 14.21 Environmental Monitoring ~..................

4-1 L 5. 0 ~ a dni n i s t ra t i ve Procedu re s. -..................

5-1 5.1 iDeview and Audit.......~.................

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-5.24 Setards.Rs'.cntion.......................

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5.?1-(Fanges;in Environmental Protection Plan:..........

5-1 75.4 P. lint; Reporting Requirements.....-..-.........

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1.0 0bjectives of the Environmental Protection Plan The Environmental Protection Plan (EPP) is to provide for protection of nonradiological environmental values during operation of the nuclear

' facility.

The principal objectives of the EPP are as follows:

(1). Verify that the facility is operated in an environmentally acceptable manner, as established by the Final Environmental Statement - Operating

~ License Stage (FES-OL) and other NRC environmental impact assessments.

(2)

Coordinate NRC requirements and maintain consistency with other Federal, State and local requirements for environmental

- pro tection.

(3) Keep NRC informed of the envirbnmenal effects of facility construction

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and operation and of actions taken to control those effects.

Environmental concerns identified in the FES-OL which relate to water quality matters are regulated by way of the licensee's NPDES permit.

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2.0' Environmental Protection Issues In the FES-OL dated January,1983, the staff considered the environmental impacts _ associated with the operation of the two unit Catawba Nuclear Station.

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Certain environmental issues were -identified which required _ study or license conditions. to resolve environmental-concerns and to assure adequate protection

-of the environment.

2.1-Aquatic Issues No specific aquatic issues were raised by the NRC staff in the FES-OL.

Aquatic issues are addressed by the effluent limitations, n.onitoring require-ments contained in the effective NPDES pennit issued by the South Carolina Department of Health and Environmental Control.

The NRC will rely ~ on this agency for regulation of matters involving water quality and aquatic biota.

2.2 Terrestrial Issues

(1) ' Detection of possible changes _ in or damage to local flora caused by drift' deposition due to the operation of the Catawba Station Cooling

' Towers.

(FES-OL.Section 5.5)

(2) LA'short-term confirmatory program to quantify ambient and operational-phase noise levels and necessary mitigative measures, if any, in the

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vicinity of noise assessment locations 1 and 3.

(FES-OL Subsections 5.12 and 5.14.4)

NRC requirements with regard to terrestrial issues are specified in Section 4.2 of this-EPP.

2.3 Atmospheric Issues A comparison of the results of the preoperational fog moriitoring progam, with the results of the operational fog monitoring program, is needed to determine the frequency and intensity of ground fog induced by plant operation, parti-cularly at the nearby residential community located about 1.6 km east of the station on the eastern shore of Lake Wylie and at the municipal airport louted about 8 km south of the station and about 3 km south of Lake Wylie.

NRC requirements with regard to atmospheric issues are specified in Section 4.2 of'this EPP.

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l 3.0 Consistency Requirements

- 3.1 Plant Design and Operation The licensee may make changes in station design or operation.or perfonn tests or experiments affecting the environment provided such activities do not involve an unreviewed environmental question and do not involve a change in the,EPP*.

Changes in station design or operation or perfomance,of tests or experiments which do not affect the environment are not subject to the requirements of this EPP.

Activities governed by Section 3.3 are not subject to the requirements of this Section.

Before engaging in additional construction or operational activities which may significantly affect the environment, the licensee shall prepare and record an envi,ronmental evaluation of such activity.

Activities are excluded from this requirement if all measurable nonradiological environmental effects are confined to the on-site areas previously disturbed during site preparation and plant construction.

When the evaluation indicates t' hat such activity involves an unreviewed environmental question, the licensee shall provide a written evaluation of such activity and obtain prior NRC approval.

11 hen such activity involves a change in the EPP, such activity and change to the EPP. may be implemented only in accordance with an appropriate license amendment as set forth in Section 5.3 of th'is EPP.

• Inis provision does not relieve the licensee of the requirements of 10 CFR 50.59.

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o A proposed change, test or experiment shall be deemed to involve an unreviewed environmental question if it concerns:

(1) a matter which may result in a significant increase in any adverse environmental impact previously evaluated in the FES-OL, environmental impact appraisals, or in any decisions of the Atomic Safety and Licensing Board; or (2) a significant change in effluents or power level or (3) a matter, not previously reviewed and evaluated in the documents specified in (1) of this Subsection, which may have a significant adverse environmental impact.

The licensee shall maintain records of changes in facility design or operation and of tests and experiments carried out pursuant to this Subsection.

These records shall include written evaluations which provide bases 'for the.detemina-tion that the change, test, or experiment does not involve an unreviewed environmental question or constitute a decrease in the effectiveness of this EPP to meet the objectives specified in Section 1.0.

The licensee shall include as part of the Annual Environmental Operating Report (per Subsection 5.4.1) brief descriptions, analyses, interpretations, and evaluations of such changes, tests and experiments.

3.2 Reporting Related to the NPDES Pemit and State Certification l

Changes to, or renewals of, the NPDES Pemit or the State certification s' hall be reported to the NRC within 30 days following the date the change or renewal is approved.

If a pemit or certification, in part or in its entirety, is appealed and stayed, the NRC shall be notified within 30 days following the date the stay is granted.

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The licensee shall notify the NRC of changes to the effective NPDES Pemit proposed by the licensee by providing NRC with,a copy of the proposed change at the same time it is submitted to the pemitting agency.

The licensee shall provide the NRC a copy of the application for renewal of the NPDES Pemit at t'he same time the application is submitted to the pennitting agency.

3.3 Changes Required for Compliance with Other Environmental Regulations Changes in plant design or operation and perfomance of' tests or experiments which are required to achieve compliance with other Federal, State, and local environmental regulations are not subject to the requirements of Section 3.1.

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' Environmental Conditions 14. 1

. Unusual or.Important Environmental Events Any ' occurrence of an unusual or important event that indicates or could result in significant environmental impact causally related to plant operation shall be r'ecorded and reported to the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> followed by a written report per Subsection 5.4.2.

The following are examples:

excessive bird impaction events, onsite plant or animal disease outbreaks, mortality or unusual occurrence of any species protected by the Endangered Species Act of 1973, fish kills, L

increase in nuisance organisms or conditions, and unanticipated or emergency discharge of waste water or chemical substances.

No routine monitoring programs are required to implement this condition.

4.2-Environmental Monitoring 4.2.1 - ' Aerial Remote Sensing Vegetative communities of.the site and vicinity within 1 Kilometer; of the

. cooling towers in all directions shall be aerially photographed to detect-~

'and. assess' the significance of damage, or lack thereof, as related to cooling tower drift dispersions.

Photography shall be done by aerial' overflight,during September or October. Monitoring shall. include a program of low at titude color infrared photography..The scale for full coverage shall be idecuate to enable identification of vegetative damage over relatively small areas of

. terrain.

Some circumstances may warrant inspection of photographs discerning individual trees.

Such scale should be adequate-to: resolve inpacted features.

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Photographs taken during plant operation shall be compared with pre-operational photographs (baseline) to ascertain changes in vegetation.

Photographic interpretations shall be verified by ground inspection surveys to confinn areas of stress and non-stress.

This program shall require aerial photographic monitoring beginning the first September or October after Unit I has been in operation for one year and shall be repeated once the following year and then again in alternate years for three (3) additional periods after Unit 2 begins operation.

A report shall be submitted as part.of the annual report following each aerial photographic monitoring period.

The report shall contain a description of the program, results and interpretative analysis of environ-mental impacts.

Results reported shall ~contain infomation. encompassing but not' limited to the following:

sampling date, tirre of day, film types', and one (1). set of resultant color transparencies encompassing an area within approxirqately a one Kilometer (1 Km) radius of the Unit 1 and 2 towers.

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4.2.2 Sound Level Surveys Surveys shall be conducted to quantify the ambient (i.e., background) and the operational sound levels that exist at various locations around the site.

The ambient sound level-survey shall be conducted, to the extent practicable, during the time period when significant outdoor construction activity has ended, but prior to nonnal operation of the facility _ (preoperational phase),

so that measured sound levels are not significantly affected by onsite activities associated with the power plant.

The operational sound level 4-2

surveys shall be conducted as soon as practicable during the operational phase of the facility, when the cooling towers are operating with their design water flow rates.

Surveys shall be conducted for both one unit nomal operation and again for two unit nomal operation.

For each of the surveys, sound level data shall be collected at several sites, the exact number and le cation to be selected by the licensee after consideration of (1) existing onsite and nearby offsite noise sources and barriers; (2) noise sensitive land uses in the site vicinity (e.g., residences, schools, churches, cemeteries, hospitals, parks); and (3) previously conducted noise surveys in the site vicinity.

Each survey shall include data col.lecteil from.each sampling site during the time of year when foliage of deciduous trees is present and also from the time of year when such foliage is largely absent.

Data collected from each sampling site shall encompass both the daytiine and the nighttime periods.

Sampling shall include the identification of pure tones, if afiy, emanating from plant equipment during the operational phase.

The selection, calibration and use of equipment, conduct of the surveys, and the analysis and reporting data shall confonn to the provisions of the l

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- applicable American National Standards Institute Standards.

The conduct of the surveys for both phases shall be similar such that the results are compa ra bl e.

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The results of the surveys conducted under this program shall be summarized, interpreted and reported in accordance with Sec; ion 5.4.1 of this EPP. The results shall include, for each sampling location for each survey, the daytime and nighttime equivalent sound levels, the background ar* intrusion sound

. levels (i.e., the-L and L10, respectively), and the range of' sound levels 90 recorded. A description of the pure tones found, if any, and their sources shall also.be included in the results.

The final report of this program shall present a brief assessment by the licensee of the environmental impact of plant operation on the offsite acoustic environment, and shall describe the proposed mitigative measures, if any, to be.taken to reduce the impact of plant noise levels on. the offsite environment.

This report shall also contain a list of noise-related complaints or inquiries received by Duke Power Company concerning the Catawba Nuclear Station subsequent to iss'uance of the operating license along with a description of the action taken by Duke Power Company to resolve these complaints or inquiries.

This program shall terminate upon completion of the collection of the specified scund level data for each phase and submission of an acceptable final report.

4.2.3 Fog Monitoring Mar.itoring of fog at selected locations shall be conducted for the period beginning with the startup and continued operation of Unit I and concluding one 4.4 Er-.

year after startup and continued operation of Unit 2.

Visiometer and surface water temperature measurements shall be conducted at the following two locations:

Location 1, about 800m north of the cooling towers; and Location 2, about 250m south of the cooling towers.

These locations should coincide wjth the locations for visiometer measurements during the preoperational fog monitoring program conducted during the period August 10, 1977-August 9, 1979.

In addition to the visiometer measurements at the locat; ions described above, daily fog observations shall be conducted by security or other trained personnel near visiometer location 2 and by trained personnel at the Wylie Hydro Station (located about 6 km east-southeast of the nuclear power station) as during the preoperational monitor,ing program.

Using the criteria developed for the preoperational monitoring program, when atmospheric conditions ar~e conducive to the formation of steam fog, meteorologists or other trained personnel shall conduct qualita-tive observations of the horizontal and vertical extent of the fog, as well as transport of the fog off the lake. A monitoring program consisting of visio-meter measurements or qualitative observations shall be conducted at the residential community located about 1.6 km east of the nuclear power station on the eastern shore of Lake Wylie and 'at the municipal airport located about 8 km south of the nuclear power station and about 3 km south of Lake Wylie.

At the conclusion of the monitoring period (one year after the startup and con-tinued operation of Unit 2), a report shall be submitted as part of the Annual Environmental Operating Report (discuss'ed in Section 5.4.1 of this EPP) containing the following information:

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a complete description of the operational fog monitoring program, noting similarities and differences between this program and the peroperational program; e

quantitative and qualitative monitoring results; interpretive analyses of the frequency and intensity of ground fog induced by plant operation,'particularly at the nearby residential community and municipa,1 airport described above, using comparisons of the results of the preoperational and operational monitoring programs; and a discussion of the need for continued monitoring and/or mitigating actions to lessen the atmospheric impact of plant operation.

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r 5.0 Administrative Procedures 5.1 Review and Audit The licensee shall provide for review and audit of compliance with the EPP.

.The audits shall be' conducted independently of the individual or groups responsible for perfonning the specific activity.

A description of the organization structure utilized to achieve the in' dependent review and audit function and results of the audit activities shall be maintained and made available for inspection.

5.2 Records Retention P,ecords.and logs relative to the e'nvironmental aspects of station operation shall be made and retained in a nanner convenient for review and inspection.

Trase records and logs shall be made available to NRC on request.

Records of modifications to station structures, systems and components detennined to potentially affect the continued protection of the environment shall be retained for the life of the station.

All other records, data and logs relating to this EPP shall be retained for five years or, where applicable, in accordance with the requirements of other agencies.

5.3 Changes in Environmental Protection Plan Recuests for changes in the EPP shall include an assessment of the environnental f

rec *, of the proposed change and a supporting justification.

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of such changes in the EPP shall not commence prior to NRC approval of the proposed changes in the fonn of a license anendment incorporating the L

appropriate revision to the EPP.

5.4 Plant Reporting Requirements L

5.4.1 Routine Reports An Annual Environmental Operating Report describing implementation of this EPP for the previous year shall be submitted to the NRC prior to May 1 of each year.

The initial report shall be submitted prior to May 1 of the year following issuance of the operating license.

The period of the first report shall begin with the date of issuance of the operating license.

The report shall include summaries and analyses of the results of the environmental protection activities. required by Subsection 4.2 of this EPP for

.the' report period,. including a comparison with related preoperational studies, ope' rational controls (as appropriate), and previous non-radiological environ-mental nonitoring reports, and an assessment of the observed impacts of the plant operation on the environment.

If hannful effects or evidence of trends toward irreversible damage to the environment are observed. the licensee shall provide a detailed analysis,of the data,and a proposed course of mitigating

'. action.

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The Annual Environmental Operating Report shall also include:

(1) A list of EPP noncompliances and the corrective actions taken to remedy them.

(2) _ A list of all changes in station design or operation, tests, and experiments made in accordance with Subsection 3.1 which involved a potentially significant unreviewed environmental question.

(3)

A list of nonroutine reports submitted in accordance with Subsection 5.4.2.

(4) A summary list of NPDES pennht-related reports sent to the South Carolina Department of Health and Env.ironmental Control during the report period which relate to matters identi,fied in Subsection 2.1.

In the event that soma results are not available by the report due date, the report shall be submitted noting and explaining the missing results.

The missing results shall be submitted as soon as possible in a supplementary report.

5.4.2 Nonroutine Reports A' written report shall be submitted to the NRC within 30 days of occurrence of a noncoutine event.

The report shall (a) describe, analyze, and evaluate the even, including extent'and magnitude of the impact, and plant operating 5-3

0 characteristics, (b) describe the probable c~ause of the event, (c) indicate the action taken to correct the reported event, (d) indicate the corrective action taken to preclude repetition of the event and to prevent similar occurrences involving similar components or systems, and (e) indicate the agencies notified and their preliminary responses.

Events reportable under this subsection which also require reports to other Federal, State or local agencies shall be reported in accordance with those reporting requirements in lieu of the requirements of this subsection.

The NRC shall be provided a copy of such report at the same time it is subnitted to the 'other agency.

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January 17, 1985 Appetec1x C r

Antitrust Conditions p.rsuant to an Order by the Atomic Safety and Licensing Board, dated April 23,

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I d5,.the Nuclear Regulatory Commission incorporates in Operating License NPF-35

.tn6 following antitrust conditions:

The licensee makes the commitments containeo herein, recognizing a.

tnat 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 t

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

Any particular bulk power supply transaction may attord greater benefits to one participant than to another. The benefits realizeo by a small system may be proportionately great'er than those realized by a larger system. The relative' benefits to be derived by the parties f rom a proposed transaction, however, shoulo 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 ty pes heretriaf ter aescrioec whicr., or. balance, provide net benefits to the licensee.

There are net benefits in a trans-action if the licensee recovers the cost of the transaction (as cetined in subparagraph (1)(d) hereof) and there is no oemon-strable net detriment to the licensee arising from the trans-action.

- (1) As used herein:

-(a)

" Bulk Power" means electric power and any attandant energy, supplied or made available at transmission or sub-transmission voltage by one electric system.to another.

(b;. "Neighooring Entity".ineons o private or puolic corpora-tion,- a governmental agency or autnority, 6 c:u-icipal.

ity, a_ cooperative, or a lawful association of anylof Lthe foregoing owning or operating, or' proposing to own or operate, facilities.for the generation anc'transmis-sion of electricity which meets each of the following criteria:;(1) its eninin,. tr ire: 9see facilities are econon.ically and technically teos1 Die or interconnection with those of thtelicensee and (2) with the exception of municipo i t ties, cooperoti ves,.goverrmiet.tol ogetic tes or E

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authorities, and associations, it is, or upon commencement 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) Where the phrase " neighboring entity" is intended to include entities' engaging or proposing to engage only in tne 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 transaction. However, no value shall be included for loss of revenues due to the loss of any wholesale or reteil 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 will be furnished to the fullest extent available frum the supplying party and 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 recognized industry practice, from generation of others to the extent it can do so without impairing service to its customers, in-cluding other electric systems to whom it has firm com-4 mitments.

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. (c)

Each party to a res.erve coordination arrangement 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 responsiDility.

Either party, if it has, or has finnly planned, installed reserves in excess of the amount called for by its own reserve criterion, will offer any such excess 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 on the other part(ies) in meeting the norhial contingencies of operating its (tneir) systen(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 availabir fran the licensee's installed facilities in the area where interconnection 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 provisions whl'ch impose limitations upon the use or resale of power and energy sold or, exchanged pursuant to the agreement. Further, such arrangements will not prohibit the participants fran entering into other interconnection and coordination arrangements, but may include appropriate provisions _to assure that (1) the licensee receives adequate notice of such additional

' interconnection or coordination, (ii) the parties will jointly consider and agree upon such measures,.if any, as are reasonably necessary to. protect tne 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 developeo in the area from time to time will satisfy this provision.

. (3)

The licensee currently has on file, and may hereaf ter tile, with the Federal Energy Regulatory Camnission contracts with neighboring entity (ies) providing for tne sale and exchange of short-term power and energy, limited term power and energy, econony energy, non-displacement energy, and emergency' capacity and energy.

The licensee

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'.. will enter into contracts providing for the same or for like trans-actions with any neighboring entity on terms 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 firm power and energy.

The provision of such firm partial requirements service shall be under such rates, tenns and conditions as shall be found by the Federal Energy Regulatory Commission to provide for the recovery of the licensee's cost.

The licensee will sell capacity and energy in' bulk on a full requirements basis to any municipality currently served by the licensee when such municipality lawtully engages in the distribution of electric power at r,etail.

(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 interconn,ected 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 licensee's transmission lines and other transmission lines would form a con-tinuous electric path, provided that permission to utilize such other transmission lines has been obtained.

Such transaction shall be undertaken provided that the particular transaction reasonably can be accommodated by the licensee's transmission system from a functional and technical standpoint and does not constitute the wheeling of power to a retail custoner.

Such transmission shall be on terms that fully compensate the licensee for its cost.

Any entity (ies) requesting such transmission arrantjements shall give reasonable notice of its (their) schedule and requirements.

(b)

The licensee will include in its planning and construction program sufficient transmission capacity as required for the transactions referred to in subparagraph (a) of this paragraph, provioed that (1) the neighboring entity (ies) a

... 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) whicn 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 needeo 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 discus.s load projections and system develop.

ment plans with any neighboring entity (les).

~(7) When the licensee's plansIfor 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 oesired 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 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 raiseo at the Federal Energy Regulatory Cummission concerning 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)

6-with respect to the,turegoing 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 contemporaneously 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 terms facilities needed to meet its own anticipated system requirements.

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