ML20127K679

Forwards New Info,Consisting of Re Cunningham to Wl Stewart,Potentially Relevant & Matl to ASLB Proceeding Re Util Receipt of Spent Fuel.Certificate of Svc Encl.Related Correspondence

ML20127K679
Person / Time
Site:	North Anna
Issue date:	06/21/1985
From:	Rouse L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Wolfe S Atomic Safety and Licensing Board Panel
References
CON-#285-577 OLA-1, NUDOCS 8506270535
Download: ML20127K679 (10)

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a UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON D. C. 20555 4 f

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BGCKETED USNRC Docket Nos. 50-338 OLA-1 50-339 OLA-1 li5 JN 25 P3:23 cmCE OF 3Eth: . . '

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MEMORANDUM FOR: Sheldon J. Wolfe, Chairman ~'

Administrative Judge Atomic Safety and Licensing Board Panel FROM: Leland C. Rouse, Chief Advanced Fuel and Spent Fuel Licensing Branch 01 vision of Fuel Cycle and Material Safety

SUBJECT:

NEW INFORMATION POTENTIALLY RELEVANT AND MATERIAL TO THE LICENSING BOARD PROCEEDING IN THE MATTER OF THE VIRGINIA ELECTRIC AND POWER COMPANY (NORTH ANNA POWER STATION, UNITS 1 AND 2) DOCKET NOS. 50-338 OLA-1 AND 50-339 OLA-1, RECEIPT OF SPENT FUEL Pursuant to Commission Policy on Notification to Licensing Boards, Appeals Boards, or the Commission of new relevant and material information, the enclosed letter is considered potentially relevant and material to the subject proceeding. The proceeding concerns proposed amendments of the operating licenses for Units 1 and 2 of the North Anna Power Station to authorize receipt and storage of spent nuclear fuel from the Virginia Electric and Power Company's (VEPCO) Surry Power Station.

The enclosed letter dated June 10, 1985, from Mr. R. E. Cunningham, Director, Division of Fuel Cycle and Material Safety, NRC, to Mr. William L. Stewart, Vice President, Nuclear Operations, VEPCO, is related to the VEPCO license acplication for dry cask storage of spent fuel at the Surry site. The letter is the NRC response to a request from VEPCO dated April 10, 1985, regarding construction of a concrete pad at the Surry site for the proposed dry storage 8506270535 850621 PDR 0 ADOCK 05000338 PDR ,

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Sheldon J. Wolfe 2 .u A 2 , ,,, ,

installation. This VEPCO request was referred to in the written testimony of Marvin L. Smith, Supervisor, Nuclear Engineering, VEPCO, for the subject North Anna proceeding (page 7, License application for dry cask storage). A copy of the VEPCO request is attached to the NRC letter of response for your information.

4Jc. &m Leland C. Rouse, Chief Advanced Fuel and Spent Fuel Licensing Branch Division of Fuel Cycle and Material Safety

Enclosures:

1. Ltr to VEPCO frm NRC dtd 6/10/85

2. Ltr frm VEPCO to NRC dtd 4/10/85 cc: Service List ELD-Chief Hearing Counsel l

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. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

VIRGINIA ELECTRIC & POWER COMPANY Docket Nos. 50-338 OLA-1 50-339 OLA-1 (North Anna Nuclear Power Station, Units 1 and 2) (Receipt of Spent Fuel)

CERTIFICATE OF SERVICE Sheldon J. Wolfe, Chairman Cynthia A. Lewis, Esq.

Administrative Judge Robert Brager, Esq.

Atomic Safety and Licensing Board Panel Virginia S. Albrecht, Esq.

U.S. Nuclear Regulatory Commission Christopher H. Buckley, Jr., Esq. ,

Washington, D.C. 20555* J. Marshall Coleman, Esq.

Beveridge & Diamond, P.C.

Dr. Jerry Kline 1333 New Hampshire Avenue, N.W.

Administrative Judge Washington, D.C. 20036

. Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Janes B. Dougherty ,

Washington, D.C. 20555* 3045 Porter Street, N.W.

Washington, D.C. 20008 Dr. George A. Ferguson Administrative Judge . Atomic Safety and Licensing School of Engineering Board Panel Howard University U.S. Nuclear Regulatory Commission 2300 5th Street, N.W. Washington, D.C. 20555*

Washington, D.C. 20059 Atomic Safety and Licensing Appeal Eoard Panel .

Michael W. Maupin, Esq. U.S. Nu; lear Regulatory Commission Marcia R. Gelman, Esq. Washington, D.C. 20555*

Patricia M. Schwarzschild, Esq.

Hunton & Williams L-Occketing and Service Section P. O. Fox 1535 Office of the Secretary Richmcod, VA 23212 U.S. Nuclear Regulatory Commission Washington, D.C. 20555*

Bradley W. Jones, Esq.

Regional Counsel USNRC, Region II 101 Marietta St., N.W.

Suite 2900 Atlanta, GA 30303*

. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

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l VIRGINIA ELECTRIC & POWER COMPANY ) Docket Nos. 50-338 DLA-1 l

) 50-339 OLA-1 (NorthAnnaNuclearPowerStation,)

Units 1 and 2) ) (Receipt of Spent Fuel)

CERTIFICATE OF SERVICE t

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Sheldon J. Wolfe, Chairman Cynthia A. Lewis, Esq.

Administrative Judge Robert Brager, Esq.

Atomic Safety and Licensing Board Panel Virginia S. Albrecht, Esq.

U.S. Nuclear Regulatory Commission Christopher H. Buckley, Jr., Esq.

Washington 0.C. 20555* J. Marshall Coleman, Esq.

• Beveridge & Diamond, P.C. ,

, Dr. Jerry Kline 1333 New Hampshire Ave., N.W.

Aoministrative Judge Washirigton, D.C. 20,036  ;

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Michael W. Maupin, Esq. -

Washington, D.C. 20555* Marcia R. Gelman, Esq.

. Patricia M. Schwarzschild, Esq.

i Dr. George A. Ferguson Hunton & Williams Administrative Judge P. O. Box 1535 School of Engineering Richmond, VA 23212 Howard University 2300 - 5th Street, N.W.

James B. Dougherty Washington, DC 20059 3045 Porter Street, N.W. .

Washington, DC 20008 l

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Atomic Safety and Licensing

. Board Panel

, U.S. Nuclear Regulatory Commission Washington, D.C. 20555*

Atomic Safety and Licensing Appeal Board Panel (8)

U.S. Nuclear Regulatory Commission Washington, D.C. 20555*

Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555*

Bradley W. Jones, Esq.

Regional Counsel USNRC, Region II -

101 Marietta St., N.W.

Suite 2900 Atlanta, GA 30303*

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%,,,,,.l JUN 101985 Docket No. 72-2 Mr. William L. Stewart Vice President - Nuclear Operations Virginia Electric and Power Company Post Office Box 26666 Richmond, Virginia 23261

Dear Mr. Stewart:

Your letter of April 10, 1985, requested permission to initiate construction on your proposed Surry Dry Cask Incepenaent Spent Fuel Storage Installation prior to a licensing decision by the Nuclear Regulatory Comission.

Specifically, as we understand, you propose to initiate construction of tne initial concrete pad with its attendant security equipment.

The licensing procedure established by 10 CFR Part 72 for an Independent Spent Fuel Storage Installation (ISFSI) is .a one-step procedure leading to a single preconstruction materials-type license. While no approval of the Surry ISFSI application will be forthcoming without the findings required by I 72.31(a)', the Commission does not intend to invoke legal bars to the advance construction activities that you seek to undertake, in view of the reasons expressed in your letter of April 10.

Proceeding with pad construction would be at the risk of Virginia Electric and Power Company. Construction of the pad anc installation of the security equipment should be appropriately documented to confirm inat they are constructed as described in your application.

Sincerely, fb $ A Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety Office of Nuclear Material Safety and Safeguards cc: Attached List

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Mr. W. L. Stewart Surry Power Station Virginia Electric and Power Company cc: Mr. Michael W. Maupin Attorney General Hunton and Williams Supreme Court Building Post Office Box 1535 101 North 8th Street Richmond, Virginia 23213 Richmond, Virginia 23219 Mr. Robert F. Saunders, Manager Surry Power Station .

Post Office Box 315 Surry, Virginia 23883 Danald J. Burke, Resident Inspector Surry Power Station U.S. Nuclear Regulatory Commission Post Office Box 166, Route 1 Surry, Virginia 23883 Mr. Sherlo'ck Holmes, Chairman Board of Supervisors of Surry County Surry County Courthouse Surry, Virginia 23683 _

W. T. Leugh Virginia Cerocratier. Commission Division of Energy Regulation Pest Office Sox 1197 Ricnmenc, Virginia 23209 Mr. J H. Ferguson Executive Vice Presicent - Power Virginia Electric anc Power Company Post Office Box 26666 Richmond, Virginia 23261 Dr. J. Nelson Grace Regional Acministrator - Region II U.S. Nuclear Regulatory Commission Suite 2900 101 Marietta Street, Suite 3100 Atlanta, Georgia 30303 James B. Kenley, M.D., Commissioner Department of Health 109 Governor Street Richmond, Virginia 23219 i

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April 10, 1985 Vil1GINIA POWEll Mr. R. E. Cunningham, Director Serial No.85-186 Division of Fuel Cycle and Material Safety E&C/HSM/vdu:2022C Office of Nuclear Material Safety and Safeguards Docket No. 72-2 .

U. S. Nuclear Regulatory Commission '

Washington, D. C. 20555 , ,

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Dear fir. Cunningham:

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VIRGINIA POWER h, 3 A.

SURRY POWER STATION UNIT NOS. 1 AND 2 ~ h "' -

REQUEST TO INITIATE 15F51 CONSTRUCTION . . .

Our letter of February 8,1985 (Serial No.85-038), provided in Enclosure 2 a summary of the discussion between Virginia Power and the Nuclear Regulatory Commission (NRC) on the licensing of an Independent Spent Fuel Storage Installation (ISFSI) at the Surry Power Station. All of the NRC's questions have now been answered, and Virginia Power is in the process of incorporating the aoditional information into the ISFSI license application for final submittal to the flRC. Virginia Power's initial cask manufacturer, GNS, has also completed answering the NRC's questions and has submitted it's final topical report.

An environmental assessment has been prepared by the NRC staff and should be issued in April, 1985. Based on the questions which have been asked of Virginia Power and the informatian provided to the Nuclear Regulatory Commissioninboththelicenseapplication(SafetyAnalysis Report / Environmental Reoort) and in answers to questions, it can be concluded that the proposed Dry Cask ISFSI will not result in any significant environmental impact.

The Code of Federal Regulations, Part 72, section 72.31(b) states " Grounds for denial for a license to store spent fuel in the proposed ISFSI may be commencement of construction prior to a conclusion or finding.....that the action called for is the issuance of the proposed license..." In light of the information presented above, Virginia Power hereby requests permission to initiate construction on the Surry Dry Cask Independent Spent Fuel Storage Installation prior to receipt of a license for the following reasons:

$7: U Gl d $9.

Mr. Cunningham 2 i

l 1. The information presented by Virginia Power to the llRC satisfies all of the criteria of 10 CFR Part 72.

2. Virginia Power h u completed all of the engineering required to -

initiate construction of the ISFSI. '

3. As allowed by 10 CFR part 72, Virginia Power has purchased one dry storage cask from GNS for delivery in 1985 and plans to purchase additional casks for delivery in 1985. The dry storage casks constitute the only safety related component of the ISFSI design.

4. In order to have the ISFSI operational prior to loss of full core discharge in the Surry fuel pool, it will be necessary to initiate i construction by May 1, 1985.

l 5. In the Nuclear Regulatory Commission 10CFR51 review of the ISFSI, which has been completed, no significant environmental irpacts have been identified.

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6. The ISFSI will be constructed on a site which is colocated with Surry Pcwer Station on a 10CFR50 licensed site.

7. The Nuclear Waste Policy Act of 1982, Section 132, encou ages the NRC to take such actions as considered necessary to encourage and expedite the use of additional spent fuel storage at civilian nuclear p:wer reactors consistent with the continued c:eratic9 cf such reactors.

The proposed ISFS! facility consists of a ccncrete pad, cry s:ent fuel storage casks, and associated security equipment. As indicated by the NRC's environmental review, construction of the ISFSI wculd net cause a significant environmental impact. Virginia Power's request to begin construction of the a:ncrete pad and security systems will not result in substantial 'inancial or resource commitments since the current estinateo cost for this construction effort is 51,300,000. This compares to a potential replacement p:wer cost of approximately $600,000/ day if Surry Power Station was to be shut down due to the lack of interim storage space for spent nuclear fuel. The initiation of construction of the proposed Surry ISFSI does not conflict with the intent of Part 72, Section 72.31(b) due to the relatively small cor:nittent of funds and resources and the insignificant environmental impact of the construction effort. -

Surry Power Station Unit No. 2 is presently shutdown for refueling. After this refueling there will be 885 fuel assemblies in the spent fuel pool. There are presently two refueling outages planned at Surry for 1985. I' to spent fuel is removed from the Surry fuel pool either by shiprents (to Idaho or North Anna), Surry will lose full core reserve by 55 fuel esse.blies in spring of i W uhen Surry Unit No I shuts down for refjelt".;. 7..e sM:reus :c the inno tes* site, which are cresently plance: w:nr :% ::I c c:eniva 1;rement pregrr., will only partially alleviate :ne span fuel : stier at Surry.

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!!r, Cunningham 3 If you require further information on this matter, we would be pleased to '

meet with your staff at their convenience. To avoid the loss of full core  !

discharge at Surry, we would appreciate your response by May 1,1985.

Very truly yours,

3. 's .o

. V.bYD7S W. L. Stewart  !

cc: Mr. Steven A. Varga Chief Operating Reactors Branch No.1 '

Division of Licensing Dr. J. Nelson Grace <

Regional Administrator Region II Mr. D. J. Burke NRC Resident Inspector Surry Power Station .

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