ML20129C317

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Advises That Delaware River Basin Commission Withholding Action on Addl Supplemental Water for Unit 1 Until NRC Authorizes Issuance of Full Power Ol.Requests Action on Full Power License as Soon as Possible
ML20129C317
Person / Time
Site: Limerick  Constellation icon.png
Issue date: 07/25/1985
From: Conner T
CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
References
CON-#385-964 OL, NUDOCS 8507290404
Download: ML20129C317 (2)


Text

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L AW OFFICES CONNER & WETTERHAHN. P.C.

17 4 7 P E N N S Y LVA N I A AV E N U E. N W.

TROY B. CONNER.J R. WASIIINGToN. D. c. aoooo 00(nETEI

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DOUOras K. OLSON J ESSICA H. LAVERTY wits w. NiCHOL= July 25, 1985 '85 JUL 25 PS:35 ROBERT H. PURL IJ O21533-3 Soo C ERNHARD O. DECH ROE FER

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00CM.i1NG a SEPvic-BRANCH Mr. Samuel J. Chilk Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of Philadelphia Electric Company (Limerick Generating Station, Units 1 and .2)

Docket Nos. 50-352 and 3536L

Dear Mr. Chilk:

The purpose of this letter is to advise the Commission-ers that the Delaware River Basin Commission ("DRBC") is withholding action on additional supplemental water for the Limerick Generating Station, Unit i until such time as the Commission acts to authorize the issuance of a full-power operating license. Philadelphia Electric Company therefore requests that the Commission act upon its application for the full-power license as soon as possible. As the Nuclear Regulatory Commission is aware, the Atomic Safety and Licensing Board issued its Fourth Partial Initial Decision on July 22, 1985, completing adjudication of all contested issues and authorizing the issuance of a full-power operat-ing license for Limerick.

As the Commission is also aware, Philadelphia Electric Company has filed certain applications with DRBC to assure the availability of sufficient cooling water to meet the needs for Limerick Unit 1 during the ascension to power program. The applications by the Company to DRBC (furnished to the Commission) have been necessitated by actions, wholly beyond its control, that have delayed completion of the Point Pleasant Pumping Station, which will be the permanent source of supplemental cooling water for Limerick. The Company has therefore sought DRBC's approval of other cooling water sources for 1985 in order to proceed with its ascension to power program upon license issuance.

At its regular meeting on July 24, 1985, following a legislative hearing held July 3, 1985, DRBC considered an 8507290404 050725 PDR ADOCK 05000352 G PDR  %

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Mr. Samusi J. Chilk July 25, 1985 i Page 2 application by the Company for approval to use, for Limerick Unit 1 consumptive water needs during 1985, the water allocations of certain other generating units located on the Schuylkill River. Following the general discussion by the DRBC Commissioners and a discussion of the status of the NRC proceedings, one of the Commissioners suggested two alterna-tives: (1) that DRBC hold an emergency meeting to act upon the water application after the NRC acted on the full-power license; and (2) that DRBC act upon the recommendations of the DRBC Staff for a docket decision which would provide the water, conditioned upon the issuance of the full-power license by the NRC. After further discussion among the Commissioners, the former course was decided upon.

Accordingly, this action by DRBC constitutes the first time in the operating license proceeding that another agency has acted to withhold action relating to Limerick until the NRC has acted. Given the DRBC decision, obviously some time will elapse between the issuance of a full-power license and the DRBC Commissioners' convening the emergency session.

As the Company has previously stated to the Commission, delay in the full-power licensing of Limerick has unfortu-nately cost and continues to cost approximately $1.5 million a day. As the Commission also knows, all low-power testing was completed for Unit 1 over four months ago in March 1985.

Solely by reason of unforeseen delay regarding the Graterford issues, a matter wholly beyond the control of the company, issuance of a full-power license for Unit 1 was not forthcoming after issuance of the Third Partial Initial Decision on May 7, 1985.

Accordingly, we request that the Commission expedi-tiously conclude its "immediately effective" review as soon as any comments are filed.

Sincerely, h3 Troy B. Conner, m/ e r.

Counsel for Philadelphia Electric Company TBC/dlf cct Service List