ML20115A589

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Notice of Filing & Denial of Petition for Rule Making Re Util Request to Amend App D of 10CFR50 Re Licensing of Production & Utilization Facilities
ML20115A589
Person / Time
Site: Indian Point Entergy icon.png
Issue date: 10/08/1971
From: Mccool W
US ATOMIC ENERGY COMMISSION (AEC)
To:
Shared Package
ML093631134 List: ... further results
References
NUDOCS 9210140396
Download: ML20115A589 (5)
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ATOMIC ENERGY C0""lSS10M C0'iSOLIDATED EDISON COMPANY OF f1EW YORK, IllC.

NOTICE OF FillMG AtiD DENI AL OF PETITION FOR RULE !'R14G Notice is hereby given that Consolidated Edison Company of New York, Inc., has filed with the Atomic Energy Connission a petition for rule making, dated August 18, 1971, together with a supporting memorandum,to amend Appendix D of the Commission's regulation " Licensing of Production and Utilization Facilities" 10_ CFR Part 50. Appendix D in effect on the date of the petition for rule making was a statement of general policy and procedure for the implementation of the National Environmental Policy Act of 1969 (fiEPA)'.

The petitioner requested that the Commission amend Appendix D by adding thereto an addendum, providing that, notwithstanding the other provisions of Appendix D, in a proceeding on an application for a facility operating license for which a notice of hearinq was issued on or before December 4,1970 and fcr which a full cower operating license has not been issued as of the effective' date of the-addendum:

1.

A hearing will be held to consider the environmental impact of the facility in accordance with NEPA, such hearing and actions preliminary thereto required to comoly with NEPA to be undertaken and completed promptly in accordance with L

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sucn' orders 6s the Comt.ission shall issue with respect to

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The fact that a hearing on environnental issues is to be held will not. be cause for delaying _ the completion of any hearing now in progress on issues specified;in a notice-of i

hearing published _ prior to December 4,1970.

Upon comoletion-i of such hearing, the atomic safety and licensing board -is-authorized and directed'to issue an initial decision with re-p spect to-such issues and, if its findings so warrant, to' authorize-the issuance of an operating license..If the i

i-hea i ng on environmental issues has not:been completed at that 2

time,_ the license shall be-issued with a condition that it -is.

subject to _ continuance, suspension,- codification or revocation based on the outcome of-the environmental' hearing, and shall expire one year from the date of _ issuance Lif at that time the environrental hearing and related procedures have,not been completed and en-initial decision with respect to environmental-matters has not yet been issued,- provided that, in such event, tne Commission -may grant one or more extensions of the license-upon good cause shown.

A-supplemental affidavit in support of Lthe petition'for rule making was filed on August 25, 1971.

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1 Af ter-the above petition for rule making was filed, the Commission i-publ'ished in the FEDERAL REGISTER (36 F.R.18071, September 9,1971) t.

a revision of Appendix D of 10 CFR Part 50, effective on the date 3

4 of publication, that set forth Commission policy and procedure for the implementation of.fiEPA in accordance with the decision of the I

l United States Court of Appeals for'the District of Columbia Circuit in Calvert Cliffs ' Coordinatina Conmittee. Inc., et al. v. United States Atomic Enerav Commission, et al., Nos. 24,839 and 24,871 l

l (July 23,1971).

Section D of revised Aopendix D deals specifically with proceedings in which hearings were cending as of September 9, 1971, which would. include the proceedings that are the subject of instant petition.

Section D of the revised Appendix D states that the atomic safety i

and licensing board will proceed expeditiously with the aspects of f

the application related to the Commission's licensing requirements under the Atomic Energy Act of 1954, as amended, pending compliance.

l with-the other applicable requirements of revised Appendix D related F

to environmental matters. -It also pernits the applicant, i'n a proceeding for the issuance of an operating license in which the requirements.cf

.other applicable provisions 'of Aapendix D pertaining to environmental matters have not been met, to make a motion, pursuant to 10 CFR 6 50.57(c) for the issuance of a license cuthorizing the loading of fuel in the reactor core and limited operation within the scope of 5 50.57(c).

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The atomic safety and licensing board may grant such a motion upon finding that the proposed licensing action will not have a significant, adverse impact on the environment and upon satisfaction of the require-l-

ments of 5 50.57(c).

It _is also provided that, under other circumstances 1

- where limited operation may be warranted during the period of' ongoing f1 EPA review, consistent with appropriate regard for environmental values, the board may, upon satisfaction of the requirements of S 50.57(a) grant a motion for authorization to operate at less than. full power-after consideration and balancing on the record of certain specified.

factors.

Operation beyond 20 percent-of full power, hoyiever,-_may not be authorized except upon specific prior approval of.the Commissioners.

(The provisions of ti 50.57(c) apply to the. resolution of. objections by any opposing party and the. making of findings pursuant to that section.) Any license so issued will be _without prejudice to sub-sequent licensing action that may be taken by the Commission with regard to the environmental aspects of the facility and-any license issued will be conditioned to that effect, The Commission believes that the recent revision of Aopendix D of 10 CFR Pert 50. deals appropriately with the -proceedings that 'are the subject of the instant petition,'albeit~ in.a manner somewhat dif-

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ferent from that suggested by the petitioner.- Furthermore, it should--

be noted that the notice of rule-making published on September 9,1971

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invited the subnissicn of coments and suggestions on revised Appendix D within 60 days of publication.

In view of. the foregoing, the Comission deems it unnecessary to initiate a furthar rule making' proceeding with respect to the natters-in the petition.for rule making.

I Accordingly, the petition for rule making filed by Consolidated i

Edison Company of ':ew York, Inc. is denied.

FOR THE AT0f11C ENERGY COMMISSION f

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1 Woodford B. McCool Secretary of the Commission' Dated at u %%w, %4.

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Suit o r N c w YO R K ExecuTivc CHAM BE R 3

Netson A..Roest r cLLtn ALBANY 12224 Govtat.co i

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October 8, 1971 4

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Dear Chairman Schlesinger:

A serious danger of a power supply emergency in New York City during the surmer of :1972 impels me. to urge your Corsission to invoke with all possible speed j

whatever extraordinary procedures may be available in handling the application of Consolidated Edison for an i

operating license for its Indian Point #2 plant.

It is my understanding Consolidated Edison's peak demand for the hottest days next summer-has been a

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- es tuaated at 8550 megawatts and that sust ined demands in the range of 7700-8100 megawatts will occu-on many j

warm days.

The Public Service Commiscion advises that Consolidatec Edison 's _ supply situation. is such that the peak demand cannot be met next-summer tiithout ':ndian Point 72, and absent this plant the loads:on t.any warm

-cays can only be met if Consolidated Edison is uhle to import much greater amounts of power than it has ever been able to secure on a firm basis.

The overall power situa tion in the state and in the whole Northeast is very tight, and Consolidated i

Edison reports it has thus far been. unable to contract for more than a fraction of the firm power incorts available in the past summer.

The life of th'e City of New York should not depend on the. accidents of availability of. massive amounts of _ power capacity not required by other utilities to meet their-own loads-on a-particular day next summer, especially when the l

prospects-seem so bleak.

Thes e circumstances demons trate, in my vicw,

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compelling need for you and your agency to give the D

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highest priority for completing the proceedings cn Consolidated Edison 's. Indian -I'oint #2 license eppli-3 cation, consistent, of course, with.ydQr oblication to assure the public che2 inst haiards f rom radiation and unnecessary environmental damage.

To make progress.:on this matter,'I urge you to use every possible maan's'to reso1V6 the procedural problems in such a way as to avoid, if possible, the catastrophe of power blackouts in i'cw York City nc>:t surraer.

Sincerely, ~..,

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4 Honorable James Schlesinger f/

. Chairman Atomic Energy Commission Washington, D.

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CONSOLIDATED EDISON COMPANY CF NEW YORK, INC.

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DOCKET N0' 502247' ORDER, EXTENDING COMPLETION DATE

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Consolidated Edison Company of New York, Inc., has filed a request dated January 25, 1972, for an extension of the latest completion date granted by Atomic Energy Commission letter dated November 17, 1971, speci-fied in Provisional Construction Permit No. CPPR-21, as amended, for construction of a 2758 megawatt (thermal) pressurized water nuclear reactor, designated as the Indian Point Nuclear Generating Unit No. 2, the applicant's site on the Hudson River in the Village of Buchanan, at Westchester County, New York.

Good cause having been shown for r;xtension l

of said date pursuant to Section 185 of the Atomic Energy Act of 1954, 3

as amended, and Section 50.55 of the Commission's regulations:

It is hereby ordered that the latest completion date is extended from March 1, 1972 to July 1, 1972.

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1 FOR THE ATOMIC ENERGY COMMISSION i

Cdrinal sfgned by R. C. DeYoung Richard C. DeYoung, Assistant Director for Pressurized Water Reactors Division of Reactor Licensing Date of Issuance: peg 1 4 1972 i

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CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

80 I l, D_dM 0-247 ORDER EXTENDING CG)iPLETION DATE yWk g4'dM:6:hM Consolidated Edison ?,(ompany of New York, Inc., has filed a request i

1 dated January 25, 1972, for an extension of the latest completion date granted by Atomic Energy Commission letter dated November 17, 1971, speci-fied in Provisional Construction Permit No. CPPR-21, as amended, for construction of a 2758 megawatt (thermal) pressurized water nuclear 4

reactor, designated as the Indian Point Nuclear Get* rating Unit No. 2, the applicant's a.ite on the Hudson River in the Village of Buchanan, at a

Westchester County, New York. Good cause having been shown for extension of said date pursuant to Section 185 of the Atomic Energy Act of 1954,-

as amended, and Section 50.55 of the Commission's regulations:

It is hereby ordered that the latest completion date is extended from March 1, 1972 to July 1, 1972.

f FOR THE ATOMIC ENERGY C0'IMISSION Orfriaal signed by R. C. DeYeong R.ichard C. DeYoung, Assistant Director for Pressurized Water Reactors Division of Reactor Licensing Date of Issuance: FEB 14 G72 I

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JOHN D. DINGELL 16fw C> stmic1. mea'.**

Co* w,vres INttRST ATE AND fos,EIGN COMMERCE MtRCHANT M AhlNE AND FISHCRICS v.sn.s svon o.Es -

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Congress of the Einitcb States SEL.ICT Co.uwtTTit ON SM ALL

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t.tomic Energy Commission Uashin: ton, D. C.

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Dear Sir:

I note rith distress en crticle appearing in the ::au York Times of Jcnucry 12, 1972 indicatin; that your Division of P.: actor Licensing recommended thnt the Ccmission'c t.tomic Safety and Licensing poard permit Consolidated 2dison to begin testing its Indian Point no. 2 nucicar power plant ct up to 50 percent of full 4

pouer.

As I unc'crstand it, the report indicated that significant itamnge to fich and other vildlife can bn e::pected when the plant operatas at half pou2r, I am curious to knou uhy c recommenrction 3

is made that thic kind of operntion commence uit'iout corrective action, in view of the hascrd to fish cad wildlife resources.

Your c3cncy has been tahen to tash by the courtr on cny occasions for your fcilure to appropriac21y ragard the rec,uiren nts of good sense and leu that ^20 consider and protect fish, "L1dlife and environmental vale ns.

The ecscs are sufficiently nen arous and u 11 knoim that they n2cd not he recited here.

In any event, "hv a plcnt of this kind shoulf be permitted to o? crate "ithout cde ;ncta prot 2ction f ar fish and wildlife ir sonnthing that esc pas nn, cn9 it is my hope thct you con cither set this matter cright by refusing to allm.' tha plant to function, or requirin, appropriete protective devices -to assure that the injuries be either climinated or reduced si:nificantly, to at least the mcximum icvels of technolo;ient cepability.

t My Subcomnittee on Fisheries cnd '..'ildlife Nnservation

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vill be having extensive oversight hearints during the forthcomirg g

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G } f-l) [ U Y THIS STATIONERY PRINTED QN PAPER M ADE WITH RECYCLED F*lBERS

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'iclosn c. hi ily n?proprint : Asu"r ic r cciver!.?ron you, I thin!-

f it is,uita 7rohrble t', set thin natt er '.*ill h a on, <> ? those t' air.go into rhich ry :obce,nitte will bn r.ctiv21-in.,u iria,:.

In t% nonr. time, I to u l. <' r,pr cint3 roenf.vir a co-n the report :rn" rour

.ul,r. tory st ~f citi _ qiri!icant c'ci:nac to fic'. and t il 'li.?- f ron Oo:,aolls'cP nd UJIson's Indicn Paint plant,

cc r:::rrel to i-to : rticl., to;cthor vit! co'i:7s of t'w enviro nu-tal * :.e t :; t e c c.;c n t

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71 PINE AVENUE DSSINING. NEW YO RK 10502

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'C January 13, 1972 P,esent-0,. ceo,p C nof ev3 To the Editor:

Vice Pecaidant.

Proi R :hard Cou ie, s

t.ec.a..e s..mor.

Tuesday tarked the beginning of the itEC's hearings u,., c m.v.

on the environmental it.. pact of the Indian Point No. 2 nuclear porter. plant.

Ihe h:arings vccre rapidly adjourns c.e:a.u w. o.,w u n; r. o.. -son on :.',ecnesday before either Con 2-:;ison er t.:e environ-mental groups could takeany presentntion.

Con Id's 1,,m,., n Findinss and Conclusions on the Environ.:: ental Ef fects n :na, %cw come,n.caoem s., ew.,,

of I.P. 92 are not due until February S. The only testiUCny Dy Con Ed Concerned their projected povier Ahn 6v I

supply oroblems for this s.:..:cer.

Once again tacir vice t,,,c,w cue.com, vun uca.,

pres 1 cents of fered up tneir usual litany of half-truths soAeo or omccions and ecuivocations on the alternative solutions for theil oo,etnv e.,o poor planning.

Jean Saun'.an ca.,e og

.iore outrageously vihat did occur on Tuesday vtas 84" d W" another classic era:ple of the !_EC's basic conflict of n1... y e, m.nson interest. (Their mission is both the regulation and the v-p,,n su n.o.w prototion of nuclear ener:y) At tnis nearing before the con =ission's Ato:ic Safety and Licensing Board, a semi.-

nun ce cm A'ine y e ~

judicial body char;ed '.vith regulating the " safe" r.rco, a...

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design and oreratica of a nuclear olant, another

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regulatory arm of the A20, the Divi.cion of Reactor

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Licensing (LRL), acting in a purely pro::.otional manner nen ze reconcended tne oreration of Indian Point 2 at 5CG level!

In a 50 race recort they have attempted to ADVLSOn> c_eRo prejuc.j e the v: hole enviren= ental issue viitn. a ceries p

or. u.nu a w no,,

Ermen are: ten of faulty Cost-benefit equations.

In ad:.ition Eney nave glossed over the vinole radioicric 1 safety icsue--

v.- e2. om.in the repeated failures of the so-callec f ail-safe systcr ann ce Ash %v Chaale' 73 ggggggg ggg gg{, thg g0gy v;hich rgn 2rs ghe fin"l a

Oi4r.4 Cefined clin O,. nmn cmn 1 Censing recom'::endation, has Cade an aDSolute Cockery of the venole hearing proceedings.

Like a :angaroo en, ;.,yd court they have already prejudged the case.

The year-u.ia..a r: <n i,va r.teme, long hearings vtere a mere vrindov: dreccin

--a soo to n,nri s %me,e the concerned public. In this flagrantly' irregular acti am n.ne.

t.OO b b, like so f.any of our federal reEulatory ageDCie.

Fio, na v R.cna,o.on o, Aete.v $ p,e, has shoV.n its true intent.

Inste;.d of regulating for i

and defending the public interest, it is pro.ioting the i, mw interests of the utility co.::anies.

SCIEf?Cc CONSULTANTS

.,,i D, C+ 3,ies W. Huver O. F e. soc.c. F. f.1,2,che d i

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1 On October. 20,1971 ;r. Janos SchlesincEr, the nett 1

chairenn of the AEC, said that the a;:ency's role

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. ort chif ted ' from procc.oting atomic energy to protecti.g-the public 2

interect in nuclesr affairs. It~ appears that his Division'of Reactor Licensin:; hacn' t. ocen,in its - own credibility sap.

J1 stenting to the ne'./ hoss.

Once a5ain the AEC -f.s cought This latest. incident-makes the seneration of: the AEC's regulatory and priogotional functions all the more urgent.

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_ suite against the AEC instituted by si:Cenviron-The recent 2

mental croups includins the Cortlandt Conservation Association would force such a seperation of powers.-

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ATOMIC ENERGY COMMISSION O,. O D,,

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Docket No. 50-247 NEW YORK, INC.

(Indian Point Nuclear Generating ))

l Unit No. 2)

Y SUPPLEMENIARY NOTICE OF HEARING ON FACILITY OPERATING LICENSE APPLICATION On November 17, 1970, a Notice of Hearing on an Operating i

License was published by the Atomic Energy Commission (the Commission) in the FEDERAL REGISTER (35 F.R.17679) in the captioned proceeding, That Notice designated an Atomic Safety and Licensing Board (Board) to conduct the hearing, specified the issues to be determined by the Board, provided an opportunity to intervene with respect to the-i.

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issues specified in such Notice to persons whose interests may be I

affected by the proceeding, and provided an opportunity to make limited appearances to other persons who wished to make a statement in the proceeding but who did not wish to intervene, On September 9,1971, the Comission published a revision of l'

l its regulations -in 10 CFR Part 50, Appendix D, " Implementation of the National Environmental Policy Act of 1969," (36 F.R. 18071) to set l

forth-an interim statement of Commission policy and procedure. for implementation of the National Environmental Policy Act of 1969 l

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The revised regulations require the consideration of addi-tional matters in applicants' Environmental Repurts and in Detailed Statements of environmental considerations and provide for determina-tion by the presiding Atomic Safety and Licensing Boards in pending 4

l e-oceedings of specified issues in addition.to and different from those previously in issue in AEC licensing proceedings, Notice is hereby given, pursuant to 10 CFR Part 2, " Rules of.

P actice," and Appendix D of 10'CFR Part 50, " Licensing of Production and Utilization Facilities," that in the conduct of the captioned p oceeding, the Atomic Safety and Licensing Goard will consider and determine, in addition -to the issues pertaining to radiological health and safety and the common defense and security specified for hearing ii. the Notice of Hearing in this proceeding l published November 17, i

i 1970, and pursuant to the National Environmental Policy Act-of 1969, any matter in controversy with respect to whether,:in accordance with the requirements of Appendix D of 10 CFR Par 50, the operating license should be issued as proposed.

4 If matters covered by Appendix D of 10 CFR Part 50 are in issue, the Board will, in accordance with section A.ll of Appendix D of

-1/ The Commission adopted certain minor amendments to revised Appendix D which were published -in the FEDERAL REGISTER on September 30, 1971 (36 F.R. 19158). The Commission adopted certain additional amendments te revised Appendix D with respect to proceedings subject to Section D thereof which were published in the FEDERAL REGISTER on November.ll, 1971 (36 F.R. 21579).

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10 CFR Part 50, in addition to deciding any matters in controversy among the parties with respect to these matters:

(1) determine whether 1

1-the requirements of section 102(2)(C) and (D) of NEPA and Appendix 0 of 10 CFR Part 50 of the Commission's regulations have been complied with in.this proceeding; and (2) i ndependently consi.er the final 4

ba 'ance among conflicting f actors covered by Appendix D r' 10 CFR Part 50 and corc.ained in the record of the_ proceeding _ with a view toward.

determining the appropriate action to be taken, On the oasis-of the foregoing, a detennination will be. made whether the operating license.

sh.)uld be granted, denied, or appropriately conditioned to protect -

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environmental values. This notice supersedes the Notice of Hearing published on November. 17, 1970, with respect to matters-which may be i

raised under paragraph A.11 of Appendix 0 of 10 CFR Part Sq,.but does not af fect the status of any person previously admitted as a party to i

this proceeding or provide an additional opportunity to any person to l

l intervene on the basis of, or to raise matters encompassed within, the issues pertaining to radiological health and safety and the common defcnse and security specified for hearing in the prior above-referenced l

Notice of Hearing.

I-l While the matter of the full power operating license is pending -

before the Board, the applicant may make a motion in writing pursuant-l

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to %50.57(c) of 13 CFR Part 50 for an operating license authorizing low I

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4 testing (operation at not more than one per cent of full power power 4

l for the purpose of testing the facility), and further operations short 4

of full power operation.

The Board may grant the motion upon finding thet the proposed licensing action will not have a significant, ad rse impact on the quality of the-environment and upon satisfaction of i'e requirements of 150.57(c) of 10 CFR Part 50.

In addi tion, 4.he B;ur; c:ay grant a -motion, pursuant to -550.57(c) of 10 CFR Part 50, i.

upr o sctisf action of the requirements of that. paragraph, af ter con-r sit eration and balancing of the' following fac' tors:

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(a) Whether it is likely that limited operation during the prospective review period will give rise to a significant, 4

adverse impact on the environment; the nature and extent of such impact, if any; and whether redress of any such adverse i

environmental impact can reasonably be.ef fected should moai-fication or termination =of the -limited license result from e

the ongoing NEPA environmental review, i

(b) Whether limited operation during the prospective review.

period would foreclose subsequent adoption of alternatives in facility design or operation of'the type that could

-result from the ongoing NEPA environmental review.

(c) The effect of delay in facility operation upon the. public interest.

Of primary importance under this criterion are the power needs to be served by the facility; the availa-bility of alternative sources, if any to meet those neeas 4

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on a timely basis; and delay costs Eto tne licensee-and i

to consumers.

Operation beyond twenty per cent (20%)- of full power will not be i

authorized except on specific approval-of +"' Commission, upon thel i

Commission's finding that an emergency situation or other. situation requiring such operation in the public interest exists.

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Prior to.taking any action on a motion pursuant to 650.57(c) of 10 CTR Part 50, which any party opposes, the Board shall, with respect i

to the contested activity sought to be authorized, make findings on.the issues specified in the Notice of Hearing-published on November 17, i

4 1970, and will determine'whether the proposed licensing action will 1

have-a significant, adverse impact on the quality of the environment-cr make findings on the factors specified above, as appropriate, in the fonn of an initial decision.

If the license ~isLone which ~ requires ;the:.

soecific 3pproval of the Commission the Board will certify directly-to i

- the Commission, for determination, without ruling thereon, the matter of j

whether operation beyond twenty per cent (20%) of full power'should be 1 --

- authorized.

t-Any -license issued pursuant to the foregoing: will -be without prejudice to subsequent licensing action which may be taken by the t

Commission with regard to -the environmental aspects of the facility and will be conditioned to-that effect, e

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' As they become available, any_ new or supplemental Environmental ~

Report, and any new or supplemental Detailed Statement required by

-Appendix D'of 10 CFR Part 50 will be placed in the Commission's Public Document Room at 1717 H Street, N.

W., Washington, D. C., where they will be available for inspection by members of the public.

Copies of those documents will also be made available at the Hendrik Hudson High

)

School (Library), Albany Post Rnad, Montrose, New York, for inspecticn by members of the public between the hours of 7:30 a.m. and 4:30 p.m.,

Monday tnrough Friday, and 7:00 p.m. to 9:00 p m._on Monday evenings.

A copy of any new or Supplemental Detailed Statement prepared and, to the extent of supply, a copy of any new or Supplemental Environ-l mental Report filed, may be obtained, when available, by request to the Director of the Division of Reactor Licensing, tinited States Atomic Energy Commission, Washington, D. C.

20545.

Any person who wishes to make an oral or written statrment in this proceeding setting forth his position on. the issues specified in this Notice, but who does' not wish to file a petition for leave-to intervene, may request permission to make a limited appearance purusant'to the provisions of 10 CFR f 2.715 of the Commission's " Rules of Practice."

3 Limited appearances will be permitted at the time of the hearing in the discretion of-the Board,-within such limits and on such conditions as may be f;xed by the Board.

Persons desiring to make a-limited

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appearance are required to inform the Secretary of the Ccamission, i -

United -States' Atomic Energy Commission, Washinoton, D. C.

20545, s

not later than thirty (30) days from the date of publication of.this Notice in the FEDERAL REGISTER.

l Any' person-whose interest may be affected by the proceeding who does not wish to make a limited appearance and_ who wishes to-par-ticipate as a party in the proceeding with-respect to the issues -set l:

forth in this-notice, must file a petition for leave to intervene.

Petitions for leave.to intervene, pursuant to the-provisions of 1

10 CFR 62.714 of the Commission's " Rules of Practice," must be received in the Office of the Secretary of the Commission, United States Atomic Energy Commission, Washington, D. C.

20545, Attention:

Chief, Public Proceedings Branch, L" he Commission's Public-Document Room,~1717 i'

H(

~^t, N. W., Washington, D. C., not later than-thirty (30)Ldays from the date-of publication of this notice i'n the FEDERAL REGISTER.

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The petition shall set forth-the ihterest of the petitioner-in tne proceeding, how that interest may be affected tur Conr.ission action, and the contentions of the petitioner in reasonably specific detail, A

petition.which sets forth contentions relating to matters outside of the issues'specified in-this Notice will be denied.

A' petition for-leave to intervene which is not timely will be denied unless, in accord-

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ance with 10 CFR 52.714, the-petitioner shows' good cause for failure to file i t on tim.c.

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i-A person pennitteo to Stervene becomes a party to' tne =oroceeding, and has all-the rights of the applicant and thel regulatory staff to participate fully in the conduct of the. hearing.

For exampie, ne may.

s examine and cross-examine witnesses.

A person permitted to naie 'a limited appearance does not become a party', but may sta te-nisL oosition I-and raise' questions which he would like to have answered to tne.ex. tent' f.

that-the questions are withir the scope of the nearing as specified in tne issues set'out above.

A member of the public does not haven the-right to participate unless he.has been granted the right to intervene i'

as a party or the right of limited appearance.

9 An answer to this Notice or an amended answer with respect to-the 4

l issues specified in this Notice, must be filed by the applic?nt, pursuant l

to the provisions of 10 CFR 52.705 of the Commission's " Rules of Pr c-R e

l tice," not later than-twenty (20) days from the-dat'e of puolication of-this Notice in the FEDERAL REGISTER.

Parties already participating in A

this proceeding as intervenors with respect to the issues.soecified in I

the Notice. of Hearing dated -November. 17, 1970, must also file an answer with respect to the issues specified in this Notice not later than twenty (20) (ays from the date of publication.of this Notice in the n

FEDERAL REGISTER, in accordance with the requirements of 10 CFR-52.705 of the Commission's " Rules of Practice."

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Answers and petitions required to be filed in this ' proceeding may ne filed by mail or telegram addressea to the Secretary of the Commission, United States Atomic Energy Commission, Washington, D. C.

20545, Attention:

Chief, Public Proceedings Branch, or may be filea by delivery to the Commission's Public Document Room,1717 H Street.

4 N. W., Washington, D. C.

The date and place of further hearings will be set by subsequent rder of the Board and notice thereof will be provided to the carties, including persons granted leave to intervene on issues set forth i r, this Notice, and will be published in the FEDERAL REGISTER.

In setting these dates, due regard will be had for the convenience and necessity of the parties or their representatives, as well as Board members.

FOR THE ATOMIC ENERGY COMMISSION l

W. 4. McCool Secretary of the Commission 33ted at Germantown, Maryland tnis 29tle day of November 1971.

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CONSOLIDATED EDISON COMPANY OF NEW YOpy. INC,

DOCV.ET NO. 50-747 ORDER EXTENDING COMPLETION DATE

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Consolidated Edison Company of New York, Inc., has filed a ' request dated October-27,1971, for.sn extension of the latest completion date granted by-Atomic Energy Commission letter dated April 26,19 71, speci-fied in Provisional Construction Permit No. CPPR-21, as amended, for-construction of a 2758 megawatt (themal) pressurized water nuclear l

reactor, designated as the Indian Point Nuclear Generating-t' nit No. 2,

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at the applicant's site on the Hudson River in the Village of. Buchanan, Wes t ch es te r Coun ty, New Yo rk. Good cause having been shown for extension of said date pursuant to Section 185 of the Ate'.ic EnerEy Act of 1954, as a:nended, and Section 50 55 of the Commission's rogu' tions:

It is hereby ordered that the late:.t. roc:ps it'.on date is exten from December 1,1971 tc March 1,1972.

NR THE ATOMIC ENERGY COMMISSION

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      • 1 Pettr A. Morris Director Division of Reactor Licensing Date of Issuance: NO. ! 7197) h hh

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C0!;SOLIDATED EDISC:: CCMP/M/ OF !TJ YORK, riC. )

DOC}It 110 50-2b7 (Indian Point Station Unit I;o. 2)

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DDDER CC'TFU 'I!:3 CErER OF JULY 20. Ic71 AUTHCE!ZU:3 DITCD N tl.T;LATI :; 10 :'.AKi, FI::DI:;33 C;; :E3UE3 E :EI : A!!D

'IO Pi<07ILE LICE::3E 7th FCEL Ir/QI :3 JJ;D s'J3 CEITICAL TESTI::3 On October 5, 1971, Consolidated Edicon Company of liev York, Inc. (Applicant) presented evidence that there vould not be any adverse enviro = ental impact if fuel loading and cub-critical test-ing of the nuclear reactor power facility were undertaken.

Authort-zation for this loading and testing was granted by the Atomic Safety s

and Licensing Ecard to the Director of Regulation on July 20, 1971.

l lio party to this proceeding made any objection to this environmental opinion of the Applicar.t.

On October 8,1971, the Regulatory Staff submitted co==ents that there vould not be any significant adverse environmental impact from this proposed totivity.

Upon a censideration of the evidence adduced in reference to the environ = ental impact of the proposed fuel loading and sub-critical testing, including the representations that no radioactivity, either gaseous or liquid, vill be released in the course of this activity, that the chemical discharges vill not be humful, and that the tnermal releases are of lov level and are consequent from pump operations, a u.,

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the Ato:ic Safety and Licensing Board concludes upon the basic of the record trecented that there is no rencon to change or codify the authority granted by the Board on July 20, 1971.

WHERETORE, IT IS CRDEFI.D, in accordance with the Ate =ie Energy Act, as amended, e.nd the Eules of Practice of the Cctsission, that the Order of the Atomic StJety and Licensing Board issued on July 20,1971 is confir:ed.

ATOMIC S/JETY AND LICCTSI!;3 BOARD mus l/V _

Ey Samuel W. Jensen, /haiman Iscued:

October 15, 1971 Germantown, Maryland G

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ATOPJC 1.'TJ.:Y CC".". ICD 2 C:

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DOC):III 1:0 50-217 (Indian Point Station Unit io, 2)

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ORIG /VTHORI'I: 0 DIFTCTN' Ci' Brnt:1.iRIC!

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c. ;D c s-uM C iL U.i ':::3 On 3une 21,1971, Cencolianted Edicen Co:r.pany of 1:cv York, Inc.

( Applicant) filed a motion cceking authority to underj;@a #"r1 htd-ing and r.ub-criticol tentin.. An the nuclent tower facility, which is understood vill be aanstructed to the ccraltteness sufficient for the operation here cought w te:

uthorized.

lio party to the proceeding oppotel Pe motion, althouGh Intervenor Citizent C0=ittee fcr the Protection of the Envirennent stated that it vould oppose any applicatien that involved any low pver tecting cf the facility.

The !. tonic Enercy Cc=1ccien in ite !!otice of 1! caring issued in th'io proceeding authori:ed the Atemic Safety and 1,1 censing Board to receive rand consider a motion, if made in writing, for an Order f'or an

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operating licence authoria.ine fuel Icadinn and lov pover testing (which vas specified to be an cperatien et not rore than one rereent of full power for the teritine of the freility).

The Comission further provided that if tuch a motion vere contested by any party to the proceeding,

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2 then the Atesic Safety and Licencing Locrd chould iccue a deter = inn-tion in the form of an initial decicien, vhich vould include findings on the incuen preceribed by she Commiccion for conc.dcration.

By contract, the Commiccion provided t).ct if no objection vero accerted to cuch a notion, then the /,tomic_ Sarcty nnd Licencing Board need only incue un Order author 1~ic ~-the Dircetor of ~9eCulation to make oppropriate findingc en the tattern Efecified f n -the !!otice cf Ecor-ing and to issue n licence for the requessed operntion.

At the hearing convened on July 13, 1971,- diccuccion was had in reference to the auth'ority of the /.te::ie Safety and Licencing Board to iss :c. cny order t'.. t did not involve lov power.tecting, that in involving criticality of the r.uclony fuel core.

The Applicant con-tended thct cince the tuthority rought, i.e.,

for cub-critical test-ing, $c icsc then the full authc2 ity cranted by the Cc=miccien, the Board had the requisite euthority.

The Board in further cener.rni d that the position of the afore-said Intervenor in conditiened up:n the prctice that there ba,,no,

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critienlity nor exchenge of neutrons following the fuel Icadin5 If the reactor is not mainttined cub-critien1 euring the testing, then, in accordance with the Cetricsien't c1raction in the fic11tt er Hear-

_ ing, an initial decicien tutt M $ ccuc 1 recarflrc +"rgr.

The board,therefore,cpecifiesanddirectsforthicauthorizationinthis s

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Luthcrir.ed to r.ube approprinte findircs with the conditien as creci-fica te.d directed 'b'y thic Order for the fuel loading and cub-critical tecting for the operations requested by the r.ai, ion filed by Consolidated Edicen Ccapany of Ncv York, Inc.

ATOMIC lb*JEri /J:D LICII:3IEG LO/JtD d'\\/

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f l'y Sm:ac1 L'. - Jen ch, Chuiman 1ccued:

July 20,1971 comantovn, l'aryland o

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D3CKET NO. 5 0- 21.7 l

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CONSOLIDATED EDISON COMPANY OF NCJ YOPJ.. INC.

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/ Indian Point Nuc3 car Generatint Unit No. 2) i 2

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NOTICE OF ISSUANCE Or FACILITY OPERAT'_SC LICENSE i,

j Notice is hereby-given that the Atomic Energy Commission (the i

Comission) has issued Facility Operating License No. DPR-26 to i

l Consolidated Edison Company of New York,- Inc., (Consolidated Edison)-

2 l

which permits fue) loading and subcritical-testing of the Indian Point 1

Nuclear Generating Unit No. 2 '(f acility), a pressurized water nuclear reactor located at consolidated Edison's site near Buchanan in Westchester i

i

-County, New York.

The f acility is designed for. operation at approximately

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2753 megawatts thermal, but in accordance with the provisions of Facility

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Operating License No. DPR-26 and the Technical Specifications appended l

j thereto, activities under the license are -' restricted to f uel loading and t

l suberitical testing and it is provided that at no time shall the reactor 4

i be made critical following fuel loading.

On October 6,1970. Consolidated Edison requested a public hearing 4

on its application for a license to operate the-f acility at full. power.

i Pursuant to a Comission Orde r, a public hearing before an ' Atomic-Safety i-(-

and Licensing Board (Board) commenced on December 17, 1970 in B'uchanan, i

j New York. This hearing is s till in. progress.- On June 18, 1971,

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Consolidated ::dison requested the Board, pursuant to 10 CFP. Section 50.57 4

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CONSOLIDATED EDISON COMPANY OF NEW YORK. INC.

(Indian Point Nuclear Ge neratine Unit No. 2)

DOCKET NO. 50-24 7 F_ACILITY OPERATING LICENSE l

Lice nse No. DPR-26 i

The Atoc;ic Energy Commission (the Corenission) having found that :

a.

Construction of the Indian Point Nuclear Generating Unit No. 2, (the f acility) has been substantially completed in confomity with Provi-j sional Construction Pemit No. CPPR-21, the application, as amended, the provisions of the At omic Energy Act of 1954, as amended (the Act) i and the rules and regulations of the Commissioni b.

The f acility will operate in conf ormity with the application as amended, the provisions of the Act, and the rules and regulations of the Commission; and j-c.

There is reasonable assurance (1) that the activities authorized by the operating license can be conducted without endangering the health and safety of the public, and (ii) - t ha t such activities will be con-ducted in compliance with the rules and regulations of the Ccem19sion; i

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d.

The Consolidated Edison Company of New York, Inc. is technically and financially qualified to et. gage in the activities authoriced by the operating license in accordance with the rules and regulations of the Cornission; and e.

The applicable provisions of 10 CFR Part 140 have been satisfied; and l

f.

The issuance of this license will not be inimical to the coccon defense and security or to the health and safety of the public; and is pursuant to Orders of the Atomic Safety and Licensing Board dated July 20, 1971 and October 15, 1971, respectively, authorizing fuel loading and sub-critical testing, in accordance with Section 50.57(c) and Appendix D.

Section D 2, of 10 CFR Part 50.

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J 2-Facility Operating License 50. DPR-26 is nereby issued to Consolidated Edison Company of New York, Inc. (Consolidated Edison), as follows:

1.

This license applies te Indian Point Nuclear Generating Unit-No. 2, a four loop pressurized water reactor, and electric generating equip-ment (the f acility).- The f acility is located in k'estchester County, near the town of Buchanan, New York, and is described in the " Final Safety Analysis Report " as supplemented and amended -( Amendments Nos. 9 through 25).

2.

Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Consolidated Edison:

A.

Pursuant to Section 104b of the ' Atomic Energy Act of 1954, as amended (the Act), and 10 CFR Part 50, " Licensing of Production and Utilization Facilities," to possess, use, and operate the f acility as a utilization facility at the designated location of Indian Point Nuclear Generating Unit No. 2; B.

Pursuant to the Act and 10 CFR Part 70, "Special Nuclear Material,"

to receive, possess, and use at any one' time up to 4200 kilograms of Uranium 235 as reactor fuel assemblies, one gram of Uranium 235 contained in fission detectors and 20 grams of Pu-238 and 3 grams of Pu-239 contained in 4 Plutonium-Beryllium neutron sources, -in connection with operation of the. f acility; C.

' Pursuant t o t he Act and 10 CTR Part 30. " Rules of General Applica- -

bility to Licensing of Byproduct Material " to receive, possess,.

and use in connection with operation of the facility: Efour sources of Cesium 137. one source of 5 curies, one source of 100 mil 11 curies, and one source of 10 m1111 curies, all as sealed sour:es and one source. of 1 millicurie without restriction as to chemical or physical form; seven sources of Cobalt 60, one source of 10 mil 11 curies, one source of 1 mil 11 curie, two sources of 60 microcuries each and two sources of 200 microcuries each, all as sealed sources, 'and 'one source not to exceed 200 microcuries without restriction as to chemical or physical formi four sources of Strontium 90, three of 1 millicurie each as. sealed sources, and one source not to ' exceed 200 microcuries without restriction as to chemical or physical form; one source of' 200 microcuries each (without re striction as to chem-ical or physical f orm) of. Cobalt 58, Zirconium 95. Chromium 51, lodine 131, Iron 59, Fknganese 34, Silver 110; and one source of Hafnium 181 of 300 microcuries and one' source of Krypton 85 of one curie without restriction as to chemical or physical form -

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