ML20127K641

Discusses Util Request for Opinion of General Counsel as to Whether Certain Work at Site Which Util Proposes to Undertake in Advance of Issuance of Const Permit Is Permissible Under Existing Commission Regulations

ML20127K641
Person / Time
Site:	Monticello
Issue date:	02/28/1967
From:	Hernessey J US ATOMIC ENERGY COMMISSION (AEC)
To:	Price H US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 9211200459
Download: ML20127K641 (4)

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s UNITED STATES GOVERNMENT Memorandum ao  : Harold L. Price ogg. .fTP : 7g Director of Regulation TROM  : Joseph F 'Re -

._w General oun I.s s e stajEcT: N0"THE i ST TES POWER COMPANY - REQUEST FOR AN OPINION OF THE GENERAL COUNSEL Q -248 The Northern States Power Company (NSP) filed an application, dated August 1,1966, for a construction permit to build a boiling water nuclear power plant at a site near Monticello, Minnesota. The hear-ing on the application has not yet been scheduled. By letter dated January 27, 1967, NSP requested an opinion of the General Counsel, pursuant to 10 CFR $$ 50.3 and 50.4, as to whether certain work at the site which NSP proposes to undertake in advance of the issuance of a construction permit is permissibic under existing Commission regulations.

The principal items of work which NSP proposes to urdertake are the excavation for the reactor and turbine buildings and the commence-ment of the construction of the turbine building. This may be per-formed prior to the issuance of a construction permit since it in-volves " site excavation" and the " construction of non-nuclear facilities"* as those terms are used in 10 CFR 5 50.10.

• Section 50.10 provides in pertinent part:

(a) Except as provided in 5 50.11, no person within the United States shall transfer or receive in interstate commerce, manuf acture , produce , trans fer , acquire , pos sess , use , import ,

or export any production or utilization facility except as au-thorized by a license issued by the Commission.

(b) No person shall begin the construction of a production or utilization facility on a site on which the facility is to be operated until a construction permit has been issued. As used in this paragraph, the term " construction" shall be deemed to include pcuring the foundation for, or the installation of, any portion of the permanent facility on the site; but does not include:

(continued)

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r-t b t b ng Harold L. Price In conjunction with the previously described work, NSP proposes to perform four items of additional work. NSP states that the turbine and reactor buildings will be located adjacent to each other, with the wall of one separated from the wall of the other by a few inches; and that the turbine building wall will be in-adequately supported unless special measures are taken to hold the earth under the turbine building in place during construc-

, tion. NSP proposes to resolve this problem by installing, prior to pouring the concrete for the turbine building floor, a segment of concrete to give support to the earth underlying the turbine building floor. . NSP states that this segment would ultimately be incorporated into .one wall and the floor o f _ the reactor build-ing and as such would become a permanent part of the reactor building. As an alternative to this approach, NSP states that a segment of concrete independent of the reactor building could be installed under the turbine building floor to provide the neces-sary support. NSP points out, however, that such a segment ,

would serve no useful purpose following the erection of the reactor building since the reactor building wall would provide all necessary support for the turbine building. NSP estimates that the cost of either alternative would be $30,000.

Section 50.10(b) provides that no person may pour the foundation for, or install, any portion of the permanent facility on the site without a construction permit. The installation of a seg-ment of concrete under the turbine building floor, as proposed (Footnote

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(1) Site exploration, site excavation, preparation of the site for construction of the facility and construction o f roadways, railroad spurs and trans-mission lines; (2) Procurement or manufacture of components of the facility; f

(3) Construction of non-nuclear facilities (such as turbo-generators and turbine buildings) and temporary buildings (such as construction equipment storage sheds) for use in connection with the construction of the facility, i

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! by NSP, which will be incorporated ~ as part of the reactor build-  ;

ing wall.and floor, appears to be proscribed by 5 50.10(b) since j such work involves pouring the foundation-for a portion of,the _ _

! permanent facility and will be relied _ upon to function structurally ,

i as an integral part of the_ reactor building foundation. The' .

alternate approach described by NSP would not be proscribed by

= i S) .10(b) since11t does not ' involve co nstruction o f.any. portion -

of the_ permanent nuclear' facility.

4 i The remaining three items of work' which NSP proposes. to perform .

i prior. to the issuance of a construction permit: ares- (1) the ~

i installation ' of a thins (4"-6") concrete mud slab 'across the- .

- reactor building excavation to provide a _ level, mud-free surface -

on which workmen may work; (2) the erection of wooden-forms for-r the reactor building . floor and walls; and (3) ;the placement in the l . excavation' of reinforcing steel' for the floor of the reactor l

building.--

! In my opinion the ' installation o f the ~ concrete mud -slab does not constitute " construction" as that term is used in $ 50.10(b).

. Such work may be properly characterized as " preparation of the

} site for the construction of the facility" since the mud slab will_ not be _ relied upon to function structurally asian integral.

I part of--.the reactor foundation. For . the'same reasons , I . am. o f the opinion that -the erection of wooden forms for the reactor build- ,

! ing floor and valls does not constitute'" construction"'and is -

l -- more. properly identified as " site preparation"C Such- forms:are

' not required:to' carry-operating loads and are'either removed after the floor or wall is-poured and set;or arelieft in place j' solely- for economic reasons. If left?in-placeiafter-construc-1 - tion, they serve no: necessary orr useful purp~ose, j A more. difficult question'is_ raised-by:the placement in the excavation of reinforcing steel for- the~ floor of. the reactor

, building. NSP states:that it does not-intend 4

l "tcf install the steel in a ' permanent way .but-only a to bend it as necessary-and place it in its proper 1 position in'the excavation,csecuring it only.by-tyingK it, to other = pieces of reinforcing steeliand not' '

attaching < it to_-_ the walls _ or floor of the excavation -

p in_any way."  :

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Although the steel will become a part of,the permanent facility

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when concrete is poured over it,>NSP-states that-it will not-be' permanently installed prior -to the issuance of a ~ construction

, permit and would be readily removable.-

While the. reinforcing steel will become an integral part of the reactor- foundation, it. is' difficult to sustain an argument that

, the mere placement of steel in the excavation. without attaching it

! or affixing it in any permanent way is " installation of any portion of the permanent facility". While admittedly a close' question, I have concluded that the placement of the reinforcing: steel 1rt the reactor: excavation as proposed by NSP may be considered i " preparation of the site' for- construction of; the -facility" and does not constitute " construction" as that term is:used in section 50.10(b). of. the- Commission's regulations.

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