ML20128K312

License NPF-88 for Facility

ML20128K312
Person / Time
Site:	Comanche Peak
Issue date:	02/02/1993
From:	Murley T Office of Nuclear Reactor Regulation
To:
Shared Package
ML20128K288	List: ML20128K283 ML20128K312
References
NUDOCS 9302180134
Download: ML20128K312 (6)

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o UNITED STATES E ' s u #,7, NUCLEAR REGULATORY COMMISSION g/

W ASHINGTON, D. C. 20555 TEXAS UTILITIES ELECTRIC COMPANY. ET AL.*

DOCKET NO. 50-446 COMANCHE PEAK STEAM ELECTRIC STATION. UNIT NO. 2 FAClllTY OPERATING LICENSE License No NPF-88 1.

The Nuclear Regulatory Commission (the Commission) has found that:

A.

The application for a license filed by Texas Utilities Electric Company (TV Electric) acting for itself and as agent for Texas Municipal Power Agency (licensees), complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act),

and the Commission's regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B.

Construction of the Comanche Peak Steam Electric Station, Unit No. 2 (the facility), has been substantially completed in conformity with Construction Permit No. CPPR-127 and the application, as amended, the previsions of the Act, and the regulations of the Commission; C.

The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission (except as exempted from compliance in Section 2.D below);

D.

There is reasonable assurance:

(i) that the activities authorized by this operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in complias.ce with the Commission's regulations set forth in 10 CFR Chapter I, except as exempted from compliance in Section 2.D.

below; E.

TV Electric is technically qualified to engage in the activities authorized by this operating license in accordance with the Commission's regulations set forth in 10 CFR Chapter I;

• The current owners of the Comanche Peak Steam Electric Station are: Texas Utilities Electric Company and Texas Municipal Power Agency. Transfer of ownership from Texas Municipal Power Agency to Texas Utilities Electric Company was previously authorized by Amendment No. 8 to Construction Permit CPPR-127 on August 25, 1988 to take place in 10 installments as set forth in the Agreement attached to the application for Amendment dated March 4, 1988.

At the completion thereof, Texas Municipal Power Agency will no longer retain any ownership interest.

9302180134 930202 PDR ADOCK 05000446 P

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. F.

The licensees have satisfied the applicable provisions of 10 CFR 140,

" Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; G.

The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; H.

After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of Facility Operating License No. NPF-88 subject to the conditions for protection of the environment set forth herein, is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied; and I.

The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Parts 30, 40, and 70, except that an exemption to the provisions of 70.24 is granted as described in paragraph 2.0 below.

2.

Based on the foregoing findings regarding this facility, Facility Operating License No. NPF-88 is hereby issued to the licensees, to read as follows:

A.

This license applies to the Comanche Peak Steam Electric Station, Unit No. 2, a pressurized water nuclear reactor and associated equipment (the facility), owned by the licensees.

The facility is located on Squaw Creek Reservoir in Somervell County, Texas about 5 miles north-northwest of Glen Rose, Texas, and about 40 miles southwest of Fort Worth in north-central Texas and is described in the licensee's Final Safety Analysis Report, as supplemented and amended, and the licensee's Environmental Report, as supplemented and amended.

B.

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

(1)

Pursuant to Section 103 of the Act and -10 CFR Part 50 " Domestic Licensing of Production and Utilization Facilities", TU Electric to possess, use, and operate the facility at the designated location in Somervell County, Texas in accordance with the procedures and limitations set forth in this license; (2)

Pursuant to Section 103 of the Act and 10 CFR Part 50, "Lomestic Licensing of Production and Utilization Facilities", Texas Municipal Power Agency to possess the facility at the designated location in Somervell County, Texas 'in-accordance with the procedures and limitations set forth in this license;

. 1 (3) TV Electric, pursuant to the Act and 10 CFR'Part 70, to receive, possess and use at any time, special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, and described in the Final Safety Analysis Report, as supplemented and amended; (4) TV Electric, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use, at any time, any byproduct, source, and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (5) TV Electric, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required, any byproduct, source or special nuclear material without restriction to chemical or physical form, -for sample analysis or instrument calibration or associated with radioactive a- " atus or components;-and (6) TV Electric, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but_not separate, such byproduct 7.nd special nuclear materials as may be produced by the operation of the facility.

C.

This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations' set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:

(1) Maximum Power level TV Electric is authorized to operate the facility.at reactor core power levels not in excess of 170 megawatts thermal (5% of rated power) in accordance with_the conditions specified herein.

(2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the-Environmental Protection Plan contained in Appendix ~ B, are hereby-incorporated -into this license. TU Electric shall operate the-facility.in accordance with the Technical Specifications and the Environmental Protection Plan.

(3) Antitrust-Conditions

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Applicants as defined in Appendix C shall comply with the antitrust conditions delineated in Appendix C to this license; Appendix C is hereby incorporated into this license.

4 D.

The following exemptions are authorized by law and will not endanger life or property or the common defense and security.

Certain special circumstances are present and these exemptions are otherwise in the public interest.

Therefore, these exemptions are hereby granted:

(1) The facility requires a technical exemption from the requirements of 10 CFR Part 50, Appendix J, Section Ill.D.2(b)(ii). The justification for this exemption is contained in Section 6.2.5.1 of Supplement 26 to the Safety Evaluation Report dated February 1993.

The staff's environmental assessment was published on Januaw 19, 1993 (58 FR 5036).

Therefore, pursuant to 10 CFR 50.12(a)(1), 10 CFR 50.12(a)(2)(ii) and (iii), the Comanche Peak Steam Electric Station, Unit 2 is hereby granted an exemption from the cited requirement and instead, is required to perform the overall air lock leak test at pressure P prior to establishing containment integrity if air lo,ck maintenance has been performed that could affect the air lock sealing capability.

(2) The facility was previously granted exemption from the criticality monitoring requirements of 10 CFR 70.24 (see Materials License No. SNM-1986 dated April 24, 1989 and Section 9.1.1 of SSER 26 dated February 1993.) The staff's environmental e

assessment was published on January 19, 1993 (58 FR 5035).

The Comanche Peak Steam Electric Station, Unit 2 is hereby exempted from the criticality monitoring provisions of 10 CFR 70.24 as applied to fuel assemblies held under this license.

E.

With the exception of 2.C(2) and 2.C(3), TV Electric shall report any violations of the requirements contained in Section 2.C of this license within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

Initial notification shall be made in accordance with the provisions of 10 CFR 50.72 with written followup in accordance with the procedures described in 10 CFR 50.73(b), (c),

and (e).

F.

In order to ensure that TV Electric will exercise the authority as the surface landowner in a timely manner and that the requirements of 10 CFR 100.3(a) are satisfied, this license is subject to the additional conditions specified below:

(Section 2.1, SER)

(1)

For that portion of the exclusion area-which is within 2250 ft of any seismic Category I building or within 2800 ft of either reactor containment building, TU Electric must prohibit the exploration and/or exercise of subsurface mineral rights, and-if the subsurface mineral rights owners attempt to exercise their rights within this area, TV Electric must immediately institute immediately effective condemnation proceedings to obtain the mineral rights in this area.

. (2)

For the unowned subsurface mineral rights within the exclusion area not covered in item (1), TV Electric will prohibit the exploration and/or exercise of minerrl rights until and unless the licensee and the owners of the mineral rights enter into an 4

agreement which gives TV Electric absolute authority to determine all activities--including times of arrival and locations of personnel and the authority to remove personnel and equipment--in i

event of emergency.

If the mineral rights owners attempt to exercise their rights within this area without first entering into such an agreement, TU Electric must immediately institute immediately effective condemnation proceedings to obtain the mineral rights in this area.

(3)

TV Electric shall promptly notify the NRC of any attempts by subsurface mineral rights owners to exercise mineral rights, including any legal proceeding initiated by mineral rights owners against TV Electric.

G.

TV Electric shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report through Amendment 87 and as approved in the SER (NUREG-0797) and its supplements through SSER 26, subject to the following provision:

TV Electric may make changes to the approved fire protection program without prior approval of the Commission only if those changes would not adversely affect the ability to l

achieve and maintain safe shutdown in the event of a fire.

H.

TV Electric shall fully implement and maintain in effect all provisions of the physical-security, guard training and qualification, and safeguards contingency plans, previously approved by the Commission, and all amendments made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(o).

The plans, which contain safeguards information protected under 10 CFR 73.21, are entitled:

" Comanche Peak Steam Electric Station Physical Security Plan" with revisions submitted through July 21, 1992; " Comanche Peak Steam Electric Station Security Training and Qualification Plan" with revisions submitted through June 10, 1991; and " Comanche Peak Steam Electric Station Safeguards Contingency Plan" with revisions submitted through December 1988.

1.

The licensees shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.

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, 4 J.

Amendment No. 8 to Construction Permit CPPR-127, issued August 25, 1988, authorized the transfer of 6.2% ownership interest in the facility from Texas Municipal Power Agency to TV Electric, such transfer to take place in 10 installments as set forth in the Agreement attached to the application for amendment dated March 4, 1988. At the completion of such transfer of interest, Texas Municipal Power Agency shall no longer be a licensee under this license and all references to " licensees" ihall exclude Texas Municipal Power Agency.

K.

This license is effective as of the date of issuance and shall expire at Midnight on February 2, 2033.

FOR THE NUCLEAR REGULATORY COMMISSION 7M&b (P

Thomas E. Murley, Director Office of Nuclear Reactor Regulation Attachments / Appendices:

1.

Appendix A - Technical Specifications (NUREG-1468) 1 2.

Appendix B - Environmental Protection Plan 3.

Appendix C - Antitrust Conditions Date of Issuance: February 2, 1993 i

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