ML20134F700

From kanterella
Jump to navigation Jump to search
CPPR-170 & CPPR-171,authorizing Const of Two PWRs
ML20134F700
Person / Time
Site: 05000000, Marble Hill
Issue date: 04/04/1978
From: Boyd R
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20132B505 List:
References
FOIA-84-293 NUDOCS 8508210230
Download: ML20134F700 (28)


Text

_- . . .

I jc# **

^*

UNITED STATES

  • NUCLEAR REGULATORY COMM18810N

, *y ^ WASHINGTON, D. C. 20585 j

o  ?

% ...* /

' PUBLIC SERVICE COMPANY OF INDIANA, INC.

WABASH VAILEY POWER ASSOCIATION, INC.

DOCKET NO. S7N 50-546 MAIEIZ HIII NUCLEAR GD4EFATING STATION, UNIT 1 CONSTRUCTICH PEINIT Construction Permit No. CPPR-170 I

1. The Nuclear Regulatory Conmission (the Consnission) having found that:
A. The application for construction permits c.ouplies witn the requirements of the Atomic Energy Act of 1954, as amended, and the rules and regulations of the Conunission; there is reasonable assurance that the activities authorized by the l

permit will be conducted in compliance with the rules and regulations of the Consnission; and all required notifications to other agencies or bodies have been duly mace;

B. Puolic Service Company of Indiana, Inc. and Wabash Valley Power
Association, Inc. (the applicants) have described tne proposed design of the Marble Hill Nuclear Generating Station, Unit 1 (the facility),

l including, but not limited to, the principal architectural and engineering criteria for the design, and have identified the major features or components incorporated therein for the protection of the health and safety of the public;

- C. Such further tecnnical or design information as may be required to conplete the safety analysis, and which can reasonably be

! left for later consideration, will oe supplied in the final safety analysis report; I

D. Sarety features or components, if any, which require research and development have oeen described by the applicants and the applicants have identified, and there will be conducted, a 1 research and development program reasonaoly designed to resolve any safety questions associated with sucts features or components; 0508210230 PDR FOIA 850610 LEIGHT084-293 PDR

E. On the casic of tne foregoing, there is reasonable assurance that (i) such safety questions will be satisfactorily resolved at or before the latest cate stated in the application for completion of construction of the proposed facility, and (ii) taking into consideration the site criteria contained in 10 CFR Part 100, tne proposed facility can be constructed and operated at the proposed location without unaue risk to the health and safety of the puolic; F. Puolic Service Company of Indiana, Inc. is technically qualified to design and construct the proposed facility on behalf of itself and the co-awlicant, Wabash Valley Power Association, Inc.;

G. The applicants are financially qualified to design and construct the proposed facility. However, the applicants are required to inform the Comission if the U.S. Rural Electrification Adminis-tration ever attempts to take any action, under color of authority under the loan contract, which the applicants deem to be at variance eitner with Public Service Company of Indiana's technical Jud; ment or any Comission regulations or requirements.

H. The issuance of a permit for the construction of the facility will not be inimical to the comon defense ano security or to the health and safety of the puolic; anc I. After weigning the environmental, economic, technical and other benefits of the facility against envitenmental and other costs and considering availacle alternatives, the issuance of a construction permit subject to the conditions for protection of the environment set forth herein is in eccordance with 10 CFR Part 51 (formerly Appendix 0 to 10 CFR Part SJ) of the Commission's regulations and all applicable requirements have been satisfied.

2. Pursuant to Section 103 of the Atomic Energy Act of 1954, as amenced (the Act), and Title 10, Chapter I, Code of Federal Pegulations, Part 50, " Licensing of Production and Utilization Facilities", and pursuant to tne Partial Initial Decision, dated August 22, 1977, the Partial Initial Decision, dated Decenter 9,1977, and the Initial decision dated April 4,1978, issued oy the Atomic Safety and Licensing Boara, the Nuclear Regulatory Comission hereby issues a construction permit to tne applicants for a utilization facility designed to operate at 3411 megawatts thermal as described in the application and amendments thereto (the application) tiled in tnis matter by the applicants ana as .nore fully descrtoed in ene evicence received at the platic hearing upon that application. The facility, known as the MarDle 11111 Nuclear Generating Station, Unit 1, will be located on the applicants' site in Saluda Townsnip, Jefferson County, Indiana.

. e, ,

4
3. 'Ihis permit shall oe deemed to contain and be subject to the conditions specified in Section 50.54 and 50.55, of said regulations; is suo]ect i to all applicable provisions of the Act, and rules, regulations, arxi orders of the Consission now or hereafter in effect; and is subject to  !

the conditions specified or incorporated below:

A. Se earliest cate for the conpletion of the facility is January 1,1982, and the latest date for coupletion is January 1,1984.

B. De facility snall be constructed and located at the site as described in the application, in Saluda Township, Jefferson County, Indiana. I

C. m is construction permit authorizes the applicants to construct tne facility described in the application and the hearing record,

~

j in e.ccordance with the principal architectural and engineering criteria and connitments set forth therein. ,

D. Pursuant to the agreement on tne concerns of the Iouisville Water Company (IAC), dated August 15, 1977, this permit includes the following seven conditions:

a. De requirements for the Marble Hill preoperational radiological monitoring program are outlined in the NRC Staff's Final Environmental Statement (FES) Section 6.1.2 (including Table 6.1).

Se FES requires that the closest WC water intake and 3

Iouisville drinking water os monitored as indicated and in

  • accordance with current and future requirements of NRC l Regulatory Guide 4.d. Se applicants agree to connence the IJC i water intaxe and Louisville drinking water aspects of the i preoperational radiological monitoring program two years l prior to operation of the Marble Hill facility. S e applicants j and the NRC staff agree that sudt monitoring shall De required 4

to be continued as part of the operational monitoring program, j 2e monitoring shall cocply with all applicable current or future NRC Regulatory Guioes, Federal regulations and i environmental technical specifications throughout the operation of the Marole !!ill facility.

b. D e closest LWC water intake shall be designated by the W1 rnd agreed to oy tne applicants and approved by the NRC staff at

> the time for inplementation of the preoperational radiological ,

l monitoring program.

1 i

4 i

1

-._-c,- -----.-m---,, . - - - . ~ .--,.y . , , , . - _4m----..,..,w.. -.- ,--y ~, ,.,m --w-, -

- - . .c -%% y ,,<,,,-r- e-y .- ~ .- -m -

. .s .

4_

c. LWC snall have access to all monitoring conducted by the applicants at its water intake and snall be furnished with copies of all test results and all reports of monitoring and test results furnisned by the applicants to the NRC.

' d. The applicants will notify LW within 60 minutes after giving any required notification to the NRC of any release of radioactive materials in excess of the limits to be defined in the technical specifications. The applicar.ts agree to notify UK of the contents of any press release by the applicants regarding radioactive disenarges to the Ohio River prior to issuance.

e. The applicants agree to provide LWC with the unlisted nuncer of the shif t supervisor of the Marble Hill facility.

! f. The applicants will include provisions in their Emergency Plan

requiring direct early notification to IRC in the event of j any emergency situation.
g. As used herein (paragragn 3.D. of this permit), the term applicants

! shall mean the party or parties determined by a final order (not subject to further Consission or judicial review) to be solely or ;ointly responsible for carrying out the obligations of this agreement.

E. The Public Service Concany of Indiana, Inc. is subject to the j following antitrust corv3itions: ,

f I. Definitions (a) "A@licable area" means tnose counties in the State of i Inoiana and any other State in which, now or in the future, tne l Licensee has electrical facilities.

l (b) " Bulk power" means electric capacity and any attendant i energy suppliec or maoe available by one electric utility to anotner for resale.

1

(c) " Licensee" means Public Service Company of Indiana, Inc. ,

1 any successor corporation, or any assignee of this applicant.

l (d) " Neighboring entity" means a financially responsible i private or public corporation, governmental agency or authority, i municipality, rural electric mencersnip corporation or cooperative,

person, or lawful association of any of the foregoing, which owns, controls or operates or in good faith proposes to own, control, 3

or operate facilities for the generation of electricity, which i meets each of the following criteria: (1) its existing or proposed facilities are technically feasicle of interconnection with those

s

. . 5-of licensee; (2) its existing or proposed facilities are fully or partially within the applicable area; (3) it is, or upon conucnce-1 ment of operations will be, subject to regulation with respect

to rates and/or service under the laws of the State of Indiana or any other State in which licensee may serve, or under the Federal Power Act, or it is legally exempted from such regulation; and (4) it is authorized to transact business and operate as a puolic utility unaer the laws of the State of Indiana or any other State in which licensee may serve, or it is not legally required to obtain such authority.

(e) "heighooring distribution system" means a financially responsible private or public corporation, governmental agency or authority, municipality, rural electric membership corporation or cooperative, person, or lawful association of any of the foregoing, wnich engages or in good faith proposes to engage in the distribution of electric energy at retail, whose existing or proposed facilities are technically feasicle of connection with those of licensee, and which meets each of the criteria i

nuncersd (2) through (4) in subparagraph (d) above.

(f) " Cost" means any administrative, general, operation and maintenance expenses, taxes, capital costs and a fair and reasonable return on licensee's investment, which are properly allocable to the particular service or transaction and tne facilities involved in the transaction.

II. Interconnections (a) Licensee will enter into written agreements to interconnect and operate in parallel with any neighboring entity.

(b) Interconnection agreements will not be limited to lower voltages when nigher voltages are requested and availaole.

(c) Interconnection agreements shall provide for the necessary operating procedures and control equipnent as required for safe and prudent operation of the interconnected systems.

~

(d) The cost of interconnection will be mutually negotiated and shared on the basis of oenefits derived from the inter-2 connection by each party after consideration of the various trans-actions for which tne interconnection facilities are to be utilized.

)

i

(e) Interconnection agreements will not emoody provisions which inpose limitations upon the use or resale of capacity and energy sold or exchanged pursuant to the agreement except as may be necessary to protect the reliability of licensee's system.

(f) Interconnection agreements will not prohibit the parties from entering into other interconnections or coordination agree-ments, but may incluoe appropriate provisions to assure that (1) licensee receives sufficient notice of such additional interconnection or coordination to protect the reliability of its system, (2) the parties jointly consider and mutually agree upon sum measures, if any, as are reasonably necessary for safety and for the protection of the reliability of licensee's system, and (3) licensee is fully conpensated for any additional costs incurred or expenditures made resulting from such other interconnections or coordination agreements.

III. Reserve Coordination (a) Licensee and its neighboring entities with which it interconnects shall jointly estaolish and mutually agree in writing upon a level of minimum reserves to be installed or provided as necessary to maintain a total reserve margin sufficient, as determined by probability calculations and prudent engineering judgment, to provide adequate realiability of power supply to the interconnected systems. The reserve responsioility thus determined shall be calculated as a percentage of the estimated annual peak load (adjusted to exclude purcnases of firm power) of the inter-connected systems. No party to the interconnection shall be required to install or provioe more tnan sucn percentage as its minimum reserve margin. No party to the interconnection shall be requirea to provide reserve capacity for that portion of its estimated annual peak load wnich is met through firm power purchases.

(b) Licensee will sell emergency power to any neignboring entity wnich maintains the minimum reserve margin establisned pursuant to paragraph (a) above. Licensee sna11 engage in such transactions if and when capacity'and energy are available for such transactions from its own generating resources or from those of interconnected electric systems, but only to the extent that it can do so without inpairing service to its customers. E:mergency power shall be furnisned to the fullest extent availaole from the supplying party ano desired by the party in need and at rates which compensate licensee for its cost. -

A (c) 'Ihe parties to reserve coorcination transactions pursuant to this section shall maintain such amounts of operating reserves as may be adequate to avoid tne inposition of unreasonable demands on any other party (ies) in meeting the normal contingencies of operating tneir systems. However, in no circumstances shall a party's operating reserve requirement exceed its minimum reserve margin.

(d) Licensee, if it has generating capacity in excess of the amount called for by its own reserve criteria, will offer, on terms wnich enable licensee to recover its costs, any sucn excess to a neighboring entity to meet such entity's own minimum reserve margin.

(e) Licensee shall prepare with neighboring entities wno request to do so, joint maintenance schedules and shall engage in sales of maintenance power and energy when it can reasonacly do so.

(f) Licensee shall file the agreements for such coordination with the Federal Power Commission, and that agency shall have jurisdiction over the rates and charges contained in such agreements.

IV. Other Power Exchanges Licensee currently has on file, and may hereafter file, with the Federal Power Comission interconnection agreements with neighboring entities providing for the sale and purchase of snort-term capacity and energy, limited-tern capacity and energy, long-term capacity and energy, economy energy, ana other forms of capacity and energy.

Licensee will, on a fair and equitaole basis, enter into an inter-connection agreement with any neighooring entity providing for the same or like capacity and energy transactions. In order to facilitate the making of sucn transactions, licensee will respond promptly to inquires of neighooring entities concerning the availability of all such forms of capacity and energy from its system.

Licensee snall file the agreements providing for such sales of capacity and energy with the Federal Power Comission, and that agency sna11 have jurisdiction over the rates and charges contained in such agreements. Notning herein shall be construed to require licensee to enter into a fixed rate interconnection agreement.

V. Wholesale Powr Sales Licensee will sell power on a full or partial requirements casis to any neignooring districution system at rates which fully compensate licensee for its costs. Wholesale power sales agreements shall not

t r

l  ?

restrict use or resale of power solo pursuant to such agreements except as may be necessary to protect the reliability of licensee's system. Sucn power will not be delivered at lower voltages when higher voltages are requested and available. Licensee shall not f r be required to make any sue sale if it does not have available sufficient generation or transmission to provide the requested service or if tne sale would inpair its aoility to render adequate and reliable service to its current customers. Licensee shall i file the agreements providing for sucn sales with the Federal Power Consission, and that agency shall have jurisdiction over i t the rates and cnarges contained in sum agreements.

VI. Transmission Services 4 i

(a) Licensee will provide transmission service for bulk power 1 transactions (1) between two or among more than two neighboring +

b entities in the applicable area'with whom, now or in the future, i

it is interconnected, (2) between a neighboring entity with whom, now or in the future, it is interconnected and a neighboring j distribution system (s) with whom, now or in the future, it is ,

j connected, and (3) oetween any neighboring entity or neighboring I distrioution system (s) and any other electric system engaging in j bulk power supply outside the applicaole area between whose facilities licensee's transmission lines and the transmission  !

lines of other electric systems form a continuous electrical i patn, provided that (i) permission to utilize such transmission lines of other electric systems has been octained oy the proponent of the arrangement, and (ii) the arrangements can be reasonaoly acenaurvtated from a tecnnical standpoint.

Any neighooring entity or neighboring distribution system i requesting sue transmission service shall give reasonable advance l notice to licensee of its senedule and requirements. Licensee  !

snall not be required to provide transmission service if to do so would impair licensee's system reliability, it being recognized that -

! while some transmission facilities may be operated fully loaded, ,

! other transmission facilities may be for emergency use and  ;

! operated either unloaded or partially loaded.  :

)' Such transmission service snall be on terms that fully compensate t licensee for its costs. Where a neighboring entity or neighooring

distribution system has made a contribution in aid of construction >

pursuant to Section VI(o) below, the transmission rate for such ,

1 entity or distribution system shall be' adjusted accordingly  ;

to reflect licensee's reduced capital investment.

i i

! i l

s l 4

1

.s f

i j ,

i (b) Licensee shall include in its planning and construction i programs such increases in th'e capacity of its existing or planned transmission facilities as may be required for tne transactions referred to in paragraph (a) of this section VI,

! provided any neighboring entity or neighboring distribution system

! gives licensee sufficient advance notice as may be necessary i to acconsiodate its requirements from a technical standpoint. ,

i This section shall not be construed to require licensee to  !

construct new transmission lines for the sole benefit of a ,

i neighooting entity or neighboring distribution system. Licensee j shall not be required to increase the transmission capacity of  ;

~

l its existing or planned transmission facilities if to do so would impair its system reliability or if the neighboring entity

! or neighboring distribution system requesting the construction i of increased transmission capacity fails to make a nonrefundable

! contrioution in aid of construction to licensee equal to the

} difference aetween the estimated cost of the transmission facilities licensee would construct for its own use and the estimated cost of tne transmission facilities licensee would '

j construct for tne use of itself and the neighboring entity or

neighboring distribution systems within a reasonable time prior ,

j to the construction of the facilities. )

j (c) Licensee shall file the agreements providing for such j transmission services with the Federal Power Conulission, and j that agency shall have jurisdiction over the rates and cnarges

! for such services.

j .

VII. Access to Nuclear Generation 4

(a) Licensee will afford any neighboring entity or neighboring t

distribution system that has made a request prior to January 1, j 1975, an opportunity to participate in the ownership of Marble Hill j Nuclear Generating Station, Units 1 and 2, up to a reasonaole amount a in kilowatts. This participation shall be on a basis that will  !

fully compensate licensee for its costs incurred and to be incurred. ,

j Licensee shall provide pronytly any requesting entity with sufficient :i i

financial uata to enable such entity to make a feasibility study . ,

! as to its participation. j i (b) Licensee will afford any neighboring entity. or neighboring  !

distribution system that mr.kes a timely request an opportunity

~

[

} to participate in the ownership of or to purchase a portion of the l output, whicnever the requesting party elects, from any other nuclear gererating unit of licensee up to a reasonable amount in i kilowatts. Licensee sna11 mail to all nonaffiliated adjacent

1 electric utility systems, no later than the date of its public announcement of the proposed construction of any such unit (s),

sufficient financial data to enable an electric utility system to make a feasibility study as to its participation and shall promptly furnish such information to any other entity or distribution system which requests such information. A request for participation with respect to such nuclear units shall be deemed timely if made within 180 days after the puolic announcement by licensee of the proposed construction of su d units.

(c) As to participation in the Marble Hill nuclear units, any neignboring entity or neighooring distribution system maxing a timely request for participation must enter into a legally oinding and enforceable agreement by Decenber 1,1975. As to any otner nuclear unit licensee may construct, any neighooring entity or neighboring distribution system making a timely request for participation must enter into a legally binding and enforceacle agreement within one year after licensee's puolic announcement of the proposed construction of such unit (s). In the event licensee fails to provide sufficient financial data to a requesting entity as required in Section VII(b) acove, the time period within which that requesting entity aust enter into a legally binding and enforceaole agreement shall be extended for a period equal to the tine which elapses between the date on which such data is requested and the date sufficient financial data is in fact furnished,.

(d). Licensee may require the inclusion in any agreement provided for in Section VII(c) above of provisions for (1) payment at the time of the signing of the agreement of not more than 10 percent of the estimated cost of participation in any such generating units and associatr.d transmission facilities, ard (2) additional pro rata payments thereafter as licensee becomes obligated to expend funas for the planning or construction of said units and facilities.

Any funds received by licensee in advance of an actual expenditure shall oe held in escrow until they are needed to reinburse licensee. ul interest earned on the escrow account shall inure to the cenefit of the party (ies) who advanced the funds. In the event any participant fails to meet fully its financial comitment with respect to a nuclear unit, sucn participant shall only be entitled to participate in that nuclear unit in an amount equal

. to the relationship its total payments up to that point bear to licensee's total investment in the facility.

(e) Licensee snall transmit power from the Marole riill units or any future nuclear unit it may own or operate to any neighboring entity or neighooring distribution system wnich is a participant in that unit, in accord with the requirements of Section VI of these cocmitments.

's VIII. Interpretation with Other Laws The foregoing comitments are to be inplemented and applied in a manner consistent with Federal, State, and local laws, judicial decisions, regulations, and orders, and nothing contained herein shall be deemed to authorize or require any violation of such laws, regulations, cecisions or orders. All rates, charges, conditions, terms and practices are and will be subject to the acceptance and/or approval of any regulatory agencies or courts having jurisdiction over them.

IX. General (a) mis statement of comitments is not intended to affect in any way tne franchises, certificates of public convenience and necessity, or other rights of licensee or of any neighooring entity or of any neignboring distribution system te render electric service in the State of Indiana.

(b) Nothing herein shall be construed as a waiver by licensee of its right to contest whether or not and the extent to which a particular factual situation may be covered by this statement of comitments or preclude the licensee from contesting an alleged act of unfair competition.

(c) Licensee does not intend by this statement of comitments to become a connon carrier.

(d) Licensee recognizes that the carrying out of some of the comitments expressed herein in particular circumstances may not ce in the nutual interest of the licensee and a neighboring entity or neighboring distribution system. Nothing herein is intended to preclude licensee ano a neignooring entity or neighboring oistribution system from reaching an agreement which extends, varies, or supplements the provisions of the foregoing paragraphs in a manner not inconsistent with the broad principles expressed herein.

(e) 2e foregoing is intended to be a complete statement of licensee's (antitrustl comitments.

1 4

, r F. This pernit is suo]ect to the following conditions for the protection of tne environment:

(1) The applicants shall take the necessary mitigating actions, j i including those sumarized in Section 4.5 of the Final Environmental Statement, during construction of the station, and associated transmission lines to avoid unnecessary adverse environmental inpacts from construction activities.

(2) In addition to the preoperational monitoring program descrioed in Section 6.1 of the Environmental Report, with amendments, the staff recomenGations in Section 6.1 of the Final

Environmental Statement shall be followed.

1 (3) Responsiole applicants' staff shall be assigned to promote

car pooling and to provios essential information points or other feasible means to assist construction workers in i forming car pools. Sucn applicants' staff snall be responsible for ongoing management of applicants' car pooling efforts.
Responsible applicants' staff snall also undertake an investi-
gation of the potential demand for ous service between the I construction site and the f.ouisville, Kentucky, metropolitan j area, and snall assist in promoting and in arranging such
service if tnere is suffficient demand. Investigation of the oemand for ous service shall be comenced by the asplicants i when onsite construction labor reaches several hundred;
reevaluation of potential demand shall occur overy six months ,

I thereafter, until the close of construction. Finally, records of applicants' evaluations of demand for bus service and any arrangement for providing sudi service shall oe maintained in a manner which is consistent with Condition (4) below.

(4) 'Ihe applicants shall establish a control program wnich shall

include written procedures and instructions to control all i construction activities as prescribed herein and shall provice -

I for periodic management audits to determine the adequacy of l inplementation of environmental conditions. The applicants anall maintain sufficient records to furnish evidence of j conpliance with all tne environmental conditions.

! (5) Before engaging in a construction activity not evaluated by

! the Comission, the applicants will prepare and record an environmental evaluation of such activity. When the i

1 l

r I

i i

, . evaluation indicates tnat such activity my result in a significant adverse environmental impact that was not evaluated in the Final Environmental Statement, the applicants shall provide a written evaluation of such activities and ootain prior approval of tne Director of Nuclear Reactor Regulation for the activities.

(6) If unexpectec harmful effects or evidence of irreversible damage are detected during facility construction, the applicants shall provice to the staff an acceptable analysis of the problem and a plan of action to eliminate or significantly reduce tne harmful effects or damage.

G. This permit is also subject to the following conditions properly iq:osed by the Stream Pollution Control Boarc of tne State of Indiana in the certification pursuant to Section 401 of the Federal Water Pollution Control Act Amendments of 1972:

(1) All final plans for each pnase of construction sna11 oe subnitted ano approved by the Indiana Stream follution Control Board before tnat pnase of construction comences.

(2) Se applicants shall make application for an NPDES discharge

, permit at least 180 days prior to comencement of the discharge.

mis condition applies to the discharges due to construction runoff and plant operation.

(3) 2e applicants snall be prepared to subnit proper studies under Section 316(a) and (b) as required by Sections 301 and 306 of tne Federal Water Pollution Control Act Amencments of 1972.

(4) 2e applicants shall obtain all necessary construction and operation permits from all Federal and State agencies requiring sucn permits.

(5) ne chlorine content of tne discharge shall not exceed 0.2 milligrams per liter when measured as total residual.

The applicants may request increased total chlorine residual limitations if supported by a bioassay study acceptacle to tne Indiana Stream Pollution Control Board.

(6) The temperature of the discharge is limited as specified in Regulation SPC IR-3. Alternative thermal limitations may be requested in accordance with Section 316(a) of the Federal Water Pollution Control Act Amendments of 1972.

T H. In accordance with the requirements inposed by the October 8,1976 Order of the United States Court of Appeals for the District of Columoia Circuit in Natural Resources Defense Council v.

Nuclear Regulatory Comnission, 547 F2d 633 (reversed and remanded, suo nom. Vermont fannee Nuclear Power Cbrooration v. Natural fesources Defence Council, Inc. (April 3,1976), that the Nuclear Regulatory Coannission "shall make any licenses granted between July 21, 1976, and such time when the mandate is issued subject to the outcome of sudi proceedings herein," the construction permit issued herein snall be subject to the outcome of such proceedings.

4. .This permit is euoject to the limitation that a license authorizing operation of tne facility will not be issued by the Comnission unless '

(a) the applicants subnit to the Comnission tne conplete final safety analysis report, portions of which may be submitted and evaluated from time to timer (b) the Commission finds that the final design provides reasonanle assurance that the health and safety of the puolic will not be endangered Ly the operation of the facility in accordance with procedures approved by it in connection with the issuance of said license; (c) the Comnission finds that operation of the facility will be in accordance with 10 CFR Part 51 of the Connussion's regulations and all applicable requirements are satisfied; and (d) the applicants submit proof of financial protection and execute ar. indemnity agreement as required by Section 170 of the Act.

5. This permit is effective as of its date of issuance and sna11 expire on the latest completion date indicated in paragraph 3.A above.

FOR E E l#JCIZAR REGUIAICRY 00tetISSION i T Dadby 1 at doyd Hoger S. Boyd, Director Division of Project Management office of cluclear Reactor Regulation 4

Date of Issuance:

APR 4 1978

js# UNITED STATES y"

a ~'

NUCLEAR REGULATORY COMMISSION 2 j WASHINGTON. D. C. 20055

\, .....

/

PUBLIC SERVICE CCMPANY OF INDIANA, INC.

WABASH VArIRY PCWER ASSOCIATION, INC.

DOCKET NO. STN 50-547 MAR 8LE HIII NUCLEAR GENERATING STATICN, UNIT 2 CONSTBUCTICN PEH4IT Construction Permit No. CPPR-171

1. The Nuclear Regulatory Consission (the Consission) having found that:

A. The application for construction permits complies with the i requirements of tne Atomic Energy Act of 1954, as amended, and tne rules and regulations of the Cornission; there is

! reasonable assurance that the activities authorized oy the c

permit will be conducted in conpliance with the. rules and regulations of the Comission; and all required notifications to other agencies or bodies have been duly mader B. Public Service Company of Indiana, Inc. and Wabash Valley Power Association, Inc. (the applicants) have described the proposed cesign of the Marole Hill Nuclear Generating Station, Unit 2 (the facility),

including, but not limited to, the principal architectural and engineering eriterla for the design, and have identified the major features or conponents incorporated tnerein for tne protection of the health and safety of the public; C. Socn furtner technical or design information as may be required to couplete the safety analysis, and which can reasonably be left for later consideration, will be supplied in the final r,afety analysis report; D. Safety features or components, if any, which require research and development nave been descriced by the applicants and tne applicants nave toentified, ard there will oe conducted, a -

research and development program reasonably designed to resolve any safety questions associated with sucn features or conponents;

i I E. On the basis of tne foregoing, there is reasonable assurance that  :

4 (1) such safety questions will be satisfactorily resolved at or l 1 before the latest date statea in the application for completion i of construction of the proposed facility, and (ii) taking into  !

I consideration the site criteria contained in 10 CFR Part 100, the ,

proposed facility can be constructed and operated at the proposed i

-location without undue risk to the health and safety of the public; '

F. PuDlic Service Company of Indiana, Inc. is technically qualified to design and construct the proposed facility on behalf of itself ~

and the co-u@licant, Wabash Valley Power Association, Inc.;  ;

G. The opplicants are financially qualified to design and construct the proposed facility. However, tne applicants are required to inform the Comnission if the U.S. Rural Electrification Adininis-tration ever attempts to take any. action, under color of authority

  • under the loan contract, which the applicants deem to be at variance either with Public Service Company of Indiana's technical judgment or any Comnission regulations or requirements.
d. The issuance of a permit for the construction of the facility will not be inimical to the connon defense and security or to 3
- the health and safety of the public; and I. After weighing the environmental, economic, tecnnical and other

! benefits of the facility against environmental and other costs and considering available alternatives, the issuance of a

! construction permit subject to the conditions for protection 1 of tne environment set forth herein is in accordance with l 10 CFR Part 51 (formerly Appendix D to 10 CFR Part 50) of the .

Comnission's regulations and all applicable requirements have been satistied.

7

2. Pursuant to Section 103 of tne Atomic Energy Act of 1954, as amended

'(the Act), and Title 10, Chapter I, Code of Federal Regulations, Part i 50, " Licensing of Production and Utilization Facilities", and  ;

l pursuant to the Partial Initial Decision, dated August 22, 1977, the Partial Initial Decision, cated December 9,1977, and the Initial Decision dated April 4,1978, issued by the Atomic Safety and Licensing

< Board, the Nuclear Regulatory Commission hereby issues a construction i permit to the applicants for a utilization facility designed to i operate at 3411 megawatts- thermal as described in .the-application  !

and amendments thereto (the application) filed in tnis matter by ,  !

the applicants and as more fully describea in the evidence received

  • at the public nearing upon that application. The facility, known as tne Marole Hill Nuclear Generating Station, Unit 2, will be

. located on the applicants' site in Saluda Townsnip, Jefferson County, )

. Indiana. , >

l t

l-i f q;

. N

e

3. This permit shall be deemed to contain and be subject to the conditions specified in Section 50.54 and 50.55, of said regulations; is subject to all applicable provisions of tne Act, and rules, regulations, and orders of the Comission now or hereafter in effect; and is subject to the conditions specified or incorporated below:

A. Se earliest date for the conpletion of the facility is January 1,1984, and the latest date for coapletion is January 1,1986.

B. Tne facility shall ce constructed and located at the site as described in tne application, in Saluda Township, Jefferson County, Indiana.

C. This construction permit authorizes the applicants to construct the facility described in the application and the hearing record, in accordance with the principal architectural and engineering criteria and coamitments set forth therein.

D. Pursuant to the agreement on the concerns of the Iouisville Water Company (LWC), dated August 15, 1977, this permit includes the following seven conditions:

a. Se requirements for the Marble Hill preoperational radiological monitoring program are outlined in the NRC Staff's Final Environmental Statement (FES) Section 6.1.2 (including Table 6.1).

The FES requires that the closest LWC water intake and Iouisville drinking water be monitored as indicated and in accoraance with current and future requirements of NRC Regulatory Guide 4.8. The applicants agree to commence the IJC water intake and Louisville drinking *wner aspects of the preoperational radiological monitoring progran. two years prior to operation of the Marble Hill facility. S e applicants and the NRC staff agree tnat such monitoring shall be required to be continued as part of the operational monitoring program.

The monitoring snall couply with all applicable current oc future NRC Regulatory Guides, Federal regulations and environmental technical specifications throughout the operation of the Marble Hill facility.

b. Se closest LW water intake shall be designated by the LWC and agreed to by the applicants and approved by the NRC staff at the time for inplementation of the preoperational radiological monitoring program.

I

x

. . _.p

c. LWC snall have access to all monitoring conducted by the applicants at its water intake and snall be furnished with copies of all test results and all reports of monitoring and test results furnished by the applicants to the tGC.
d. he applicants will notify LWC within 60 minutes after giving any required notification to the tGC of any release of radioactive materials in excess of tne limits to be defined in the technical specifications. W e applicants agree to notify LWC of the contents of any press release by the applicants regarding radioactive discharges to the Ohio River prior to issuance,
e. Se applicants agree to provide LWC witn the unlisted nu2er of the shif t supervisor of the Marble Hill facility,
f. The applicants will incluoe provisions in tneir Emergency Plan requiring direct early notification to LWC in the event of any emergency situation.

9 As used herein (paragragn 3.0. of this permit), the term applicants shall mean the party or parties determined by a final order (not subject to further Consission or judicial review) to be solely or jointly responsiole for carrying out the obligations of this agreement.

E. The Public Service Conpany of Indiana, Inc. is subject to the following antitrust conditions:

I. Definitions (a) " Applicable area" means those counties in the State of Indiana and any otner State in which, now or in the future, the Licensee has electrical facilities.

(b) " Bulk power" means electric capacity and any attendant energy supplica or made availaole by one electric utility to another for resale.

(c) " Licensee" means Public Service Conpany of Indiana, Inc. ,

any successor corporation, or any assignee of this applicant.

(d) "Neighooting entity" means a financially responsible private or public corporation, governmental agency or authority, municipality, rural electric met ership corporation or cooperative, person, or lawful association of any of the foregoing, wnich owns, controls or operates or in good faith proposes to own, control, or operate facilities for the generation of electricity, which meets each of the following criteria: (1) its existing or proposed facilities are tecnnically feasible of interconnection with tnose

n of licensee; (2) its existing or proposed facilities are fully or partially witnin the applicable area; (3) it is, or upon connence-ment of operations will be, suoject to regulation with respect to rates and/or service under the laws of the State of Indiana or any other State in which licensee may serve, or under the Federal Power Act, or it is legally exempted from such regulation; and (4) it is autnorized to transact business and operate as a puolic utility under the laws of the State of Indiana or any o*her State in whicn licensee may serve, or it is not legally required to octain such authority.

(e) "Neighooring distribution system" means a financially responsicle private or public corporation, governmental agency or authority, municipality, rural electric ment >ership corporation or cooperative, person, or lawful association of any of the foregoing, wnicn engages or in good faith proposes to engage in tne distribution of electric energy at retail, whose existing or proposea facilities are technically feasible of connection with those of licensee, and which meets each of the criteria nuncered (2) through (4) in subparagraph (d) above.

(f) " Cost" means any administrative, general, operation and maintenance expenses, taxes, capital costs and a fair and reasonacle return on licensee's investment, which are properly allocable to the particular service or transaction and the facilities involved in the transaction.

II. Interconnections (a) Licensee will enter into written agreements to interconnect and operate in parallel with any neighboring entity.

(b) Interconnection agreements will not be limited to lower voltages when higher voltages are requested and available.

(c) Interconnection agreements shall provide for the necessary operating procedures and control equipment as required for safe and prudent operation of the interconnectea systems.

(d) The cost of interconnection will be mutually negotiated and shared on tne oasis of cenefits derived from the inter-connection oy each party af ter consideration of the various trans-actions for wnich tne interconnection facilities are to be utilized.

il l

1- . .

i .

i (e) Interconnection agreements will not enbocy provisions which impose limitations upon the use or resale of capacity and energy sold or exchanged pursuant to the agreement except as may 4 oe necessary to protect the reliaoility of licensee's system.

- (f) Interconnection agreements will not prohibit the parties from entering into other interconnections or coordination agree-ments, but may include appropriate provisions to assure that

(1) licensee receives sufficient notice of such additionM j interconnection or coordination to protect the reliability of j its system, (2) the parties jointly consider and mutually agree upon su& measures, if any, as are reasonably necessary for safety and for the protection of the reliability of licensee's system, and (3) licensee is fully compensated for any aoditional ,

costs incurred or expenditures made resulting from such other '

interg,nnections or coordination agreements.

i III. Reserve Coordination

! (a) Licensee and its neighboring entities with which it

interconnects snall jointly estaolish and mutually agree in I writing upon a level of mininum reserves to be installed or '

! provided as necessary to maintain a total reserve margin sufficient, j as determined by probability calculations and prudent engineering judgment, to provide adequate realiability of power supply to the interconnected systems. The reserve responsibility.thus determined snall be calculated as a percentage of the estimated annual peak

load (adjusted to excluoe purchases of firm power) of the inter-connected systems. No party to the interconnection shall be required to install or provide more than such percentage'as its

! minimum reserve margin. No party to the interconnection snall be required to provice reserve capacity for that portion of its '

i estimated annual peak load which is met through firm power purchases.

l j (b) Licensee will sell emergency power to any neighooring 2

entity which maintains the minimum reserve margin established pursuant to paragraph (a) above. Licensee shall engage in sud j transactions if and when capacity and energy are availacle for l sucn transactions from its own generating resources or from those 1 l of interconnected electric systems, out only to the extent that l l

it can do so without inpairing service to its customers. Emergency l t power snall be furnisned to the fullest extent available from the l I

supplying party and desired oy the party in. need and at rates which compensate licensee for its cost. l l

l W

i i

7

  • t I

(c) t e parties to reserve coordination transactions pursuant to this section shall maintain such amounts of operating reserves '

as may be acequate to avoid tne insosition of unreasonable demanas.

on any other party (ies) in meeting the normal contingencies of operating their systems. However, in no circumstances shall a i party's operating reserve requirement exceed its minimum reserve ,

margin.

i (d) Licensee, if it has generating capacity in excess of the amount called for by its own reserve criteria, will offer,

! on terms wnich enable licensee to recover its costs, any sucn  ;

excess to a neighboring entity to meet such entity's own minimum reserve margin.

l (e) Licensee snall prepare with neighboring entities who request to do so, Joint maintenance schedules and shall engage in sales of maintenance power and energy when it can reasonably do so.  ;

i (f) Licensee shall file the agreements for such coordination with the Federal Power Comission, and that agency shall have

! jurisdiction over the rates and charges contained in such agreements.

! IV. Other Power Exchanges .

I Licensee currently has on file, and may hereafter file, witn the Federal Power Consission interconnection agreements with neighooting

]

entities providing for the sale ano purchase of short-term capacity

! and energy, limited-term capacity and energy, long-term capacity  ;

and energy, economy energy, and other forms of capacity and energy.

]

Licensee will, on a fair and equitable basis, enter into an inter-j connection agreement with any neighboring entity providing for tne same or like capacity and energy transactions. In order to ,

i facilitate the making of sue transactions, licensee will respona l promptly to inquires of neighboring entities concerning the f i

availability of all sue forms of capacity and energy from its system.

Licensee sna11 file the agreements providing for such sales of (

t capacity and energy with tne Feoeral Power Conmission, and that . i i agency shall have jurisdiction over the rates and charges contained l

in sud agreements. Nothing herein shall oe construed to require 1

' licensee to enter into a fixed rate interconnection agreement.  !

i V. wiolesale Power sales a

Licensee will sell power on a full or partial requirements basis to

any neighcoring distribution system at rates wnich fully compensate j licensee for its costs. Wholesale power sales agreements shall not

' l l

l l

l i

i I

, . _ _ _ _ , _ _ ~ _ _ _ - , . - _ - _ , _ _ , _

s.,___,_ . - _ . . . _ . _ . , - _ _ , _._____.--._,.m, _ _ _ ..

__ _ _ ..._._ _ _ _. . _._ . _ _ _ _ _ . _ . . _ _ ._ _ _ _ - _ . __. ~ . .__

4 . .

r ,

3 i . . -o-1 l restrict use or resale of power sold pursuant to sud agreements except as may be necessary to protect the reliability of licensee's

! system. Sud power will not be delivered at lower voltages when _

i higher voltages are requested and availaole. Licensee shall not be required to make any sud sale if it does not have available

! sufficient generation or transmission to provide the requested j

service or if the sale would inpair its ability to render adequate i and reliable service to its current customers. Licensee snall j file the agreements providing for sud sales with the Federal l

Power Commtission, and that agency shall have jurisdiction over i the rates and cnarges contained in sucn agreements.

VI. Transmission Services t

l (a) Licensee will provide transmission service for bulk power transactions (1) cetween two or among more than two neighboring j

, entities in the applicable area with whom, now or in the future, 2 it is interconnected, (2) between a neighboring entity with whom, now or in the future, it is interconnected and a neighooring distribution system (s) with whom, now or in the future, it is j connected, and (3).oetween any neighboring entity or neighooting 1 distribution system (s) and any other electric system engaging in i bulk power supply outside the applicable area between whose 1 facilities licensee's transmission lines and the transmission j lines of otner electric systems form a continuous electrical path, provided that (i) permission to utilize such transmission j lines of other electric systems has been obtained by the proponent of the arrangement,'and (ii) the arrangements can be reasonaoly

- -arhted from a technical standpoint.

Any neignboring entity or neighboring distribution system requesting such transmission service shall give reasonable advance notice to licensee of its schedule and requirements. Licensee j shall not be required to provide transmission service if to do so i j would impair licensee's system reliaoility, it being recognized that J while some transmission facilities may be operated fully loadec, other transmission facilities may be for emergency use and  ;

operated either unloaded or partially loaded.

Such transmission service shall be on terms that fully compensate l licensee for its costs. Where a neighboring entity or neighboring l

distribution system nas made a contribution in aid of construction j

pursuant to Section VI(c) below, tne transmission rate for sue

! entity or uistribution system shall be adjusted accordingly to reflect licensee's reduced capital investment.

i i

i

-..,..v, .c. .,~ . , . , , - -.,-~m.~..,_.w,_,my._ ,.___,,m_,, . _ , _ _ . , , , , . ,c_.. .

.,,.,,,,,,,c,_w_.r~r-,.m.m,

\

(b) Licensee shall include in its planning and construction programs such increases in the capacity of its existing or planned transmission facilities as may be required for tne transactions referred to in paragraph (a) of thisSection VI, provided any neighooring entity or neighooring distribution system gives licensee sufficient advance notice as may be necessary to accomodate its requirements from a technical stanopoint.

This section shall not be construed to require licensee to construct new transmission lines for the sole benefit of a neighboring entity or neighboring distribution system. Licensee shall not be required to increase the transmission capacity of its existing or planned transmission facilities if to do so would impair its system reliacility or if the neighooring entity or neighboring di.stribution system requesting the construction of increased transmission capacity fails to make a nonrefundable contricution in aid of construction to licensee equal to the ,

difference between the estimated cost of the transmission facilities licensee would construct for its own use and the estimated cost of tne transmission facilities licensee would construct for the use of itself and the neighboring entity or neignboring districution systems within a reasonable time prior to tne construction of the facilities.

(c) Licensee snall file the agreements providing for sucts transmission services with the Federal Power Comission, and that agency shall have Jurisciction over the rates and enarges for such services.

VII. Access to Nuclear Generation (a) Licensee will afford any neighboring entity or neighboring distribution system that has made a request prior to January 1, 1975, an opportunity to participate in the ownership of Marble Hill Nuclear Generating Station, Units 1 and 2, up to a reasonable amount in kilowatts. This participation shall be on a basis that will fully compensate licensee for its costs incurred and to be incurred.

Licensee shall provide prompt3 1 any requesting entity with sufficient financial cata to enacle such entity to make a feasibility study as to its participation.

(b) Licensee will afford any neighboring entity or neighboring distribution system that makes a timely request an opportunity to participate in the ownership of or to purchase a portion of the output, wnichever the requesting party elects, from any other nuclear generating unit of licensee up to a reasonaole at: cunt in kilowatts. Licensee shall mail to all nonaffiliated adiacent i

l

}. .

l , ,

4

. . . l l electric utility systems, no later than the date of its public i i

announcement of the proposed construction of any such unit (s),

i sufficient financial data to enaole an electric utility system to i make a feasibility stuay as to its participation and shall promptly i

furnish suoi information to any other entity or distrioution i system which requests such information. A request for participation i with respect to suct nuclear units shall oe deemed timely if mace

{ within 180 days after the puolic announcement by licensee of the J. proposea construction of sudt units.

t l (c) As to participation in the Marble Hill nuclear units, any neighboring entity or neighboring districution system making a

, timely request for participation must enter into a legally binding and enforceable agreement by Decencer 1,1975. As to any other nuclear unit licensee may construct, any neighboring entity or i

neighboring distribution system making a timely request for i

participation must enter into a legally binding and enforceable agreement within one year after licensee's public announcement of the proposed construction of such unit (s). In the event licensee fails to provice sufficient financial data to a requesting entity

as required in Section VII(b) above, the time period within which that requesting entity must enter into a legally binding and l enforceable agreement shall be extended for a period equal to the 4

time ditch elapses between the date on which such data is requested and the date sufficient financial data is in fact furnished.

1 i (d) Licensee may require the inclusion in any agreement providec j for in Section VII(c) aoove of provisions for (1) payment at the

! time of the signing of the agreement of not more than 10 percent of the estimated cost of participation in any such generating units

and associatea transmission facilities, and (2) sdditional pro i rata payments thereafter as licensee becomes obligated to expend T E s for the planning or construction of said units and facilities.  ;

, Any funds received by licensee in advance of an actual expenditure i j shall be held in escrow until they are neeaed to reincurse '

i licensee. All interest earned on the escrow account shall inure to tne Denefit of the party (ies) who advanced the funds. In the i

l event any participant fails to meet fully its financial commitment i

! with respect to a nuclear unit, such participant shall only be entitled to participate in that nuclear unit in an amount equal j to the relationship its total payments up to that point bear to j licensee's total investment in the facility.

(e) Licensee sna11 transmit power from the Marble Hill units or j any future nuclear unit it may own or operate to any neighboring 1 entity or neignboring aistribution system wnien is a participant i in that unit, in accord with the requirements of Section VI of

! these constitments.

I i

5

.-----,-,,.-n.. , , .- - -...-- - - ,,,--=-av,---n... - , - . ..----,,-- , - . . . - . , - - , . -.--n -nm,~_,.,- .w.m~,m-nw-ww__,,----,,~m.,

11 -

VIII. Interpretation with Other laws The foregoing comitments are to be inplemented and applied in a manner consistent with Federal, State, and local laws, judicial decisions, regulations, and orders, and nothing contained herein

shall be ceemed to authorize or require any violation of such laws, regulati >ns, decisions or oroers. All rates, charges, conditions, terms and practices are and will be subject to the acceptance and/or approval of any regulatory agencies or courts having jurisdiction over them.

IX. General i (a) mis statement of comitments is not intended to affect in any way the francnises, certificates of public convenience and necessity, or other rights of licensee or of any neighboring entity or of any neighooring distribution system to render electric service in the State of Indiana.

(b) Nothing herein shall be construed as a waiver by licensee of its rignt to contest whether or not and the extent to which a particular factual situation may be covered by this statement of commitments or preclude the licensee from contesting an alleged act of unfair competition.

(c) Licensee does not intend by this statement of comitments to become a comon carrier.

(d) Licensee recognizes that the carrying out of some of the comitments expressed herein in particular circumstances may not be in the mutual interest of the licensee and a neighooring entity or neighboring distribution system. Nothing herein is intended to preclude licensee and a neighboring entity or neighboring distribution system from reacning an agreement which extends, varies, or supplements tne provisions of tne foregoing-paragraphs in a manner not inconsistent with the oroad principles expressed herein.

(e) te foregoing is intended to be a conplete statement of licensee's (antitrust] conunitments.

4

- - ,,,.------.---r----w_.-

F. Tnis permit is suoject to the following conditions for the protection of tne environment:

(1) 'Ihe applicants shall take the necessary mitigating actions, incluoing those sumarized in Section 4.5 of the Final Environmental Statement, during construction of the station, and associated transmission lines to avoid unnecessary adverse environmental inpacts fron construction activities.

(2) In addition to the preoperational monitoring program described in Section 6.1 of the Environmental Report, with amendments, the staff recomendations in Section 6.1 of the Final Environmental Statement shall be followed.

(3) Responsicle applicants' staff shall be assigned to promote car pool-ing and to provide essential information points or other feasicle means to assist construction workers in forming car pools. Sud applicants' staff snall be responsible for ongoing management of applicants' car pooling efforts.

Responsible applicants' staff shall also undertake an investi-gation of the potential demand for bus service between the construction site are the touisville, Kentucky, metropolitan area, and shall assist in promoting and in arranging such service if there is suffficient demand. Investigation of the demand for bus service snall be comenced by the applicants wnen onsite construction labor reaches several hundred; reevaluation of potential demand shall occur every six months tnereafter, until the close of construction. Finally, records of applicants' evaluations of demand for bus service and any arrangement for providing sud service shall oe maintained in a manner wnich is consistent with Condition (4) below.

(4) The applicants shall establish a control program which shall include written procedures and instructions to control all construction activities as prescribed herein and sna11 provide for periodic management auoits to determine the adequacy of inplementation of environmental conditions. The applicants snall maintain sufficient records to furnish evidence of compliance witn all the environmental conditions.

(5) Before engaging in a construction activity not evaluated by the Comission, the applicants will prepare ano record an environmental evaluation of such activity. When the

evaluation indicates that such activity may result in a significant adverse environmental impact that was not evaluated in the Final Environmental Statement, the applicants shall provide a written evaluation of such activities and ootain prior approval of tne Director of Nuclear Reactor Regulation for the activities.

(6) If unexpected harmful effects or evidence of irreversible damage are detected during facility construction, the applicants snall provice to the staff an acceptable analysis of the proolem and a plan of action to eliminate or significantly

. reduct the harmful effects or damage.

G. This permit is also subject to the following conditions properly inposed by the Stream Pollution Control Board of tne State of Indiana in the certification pursuant to Section 401 of the Federal Water Pollution Control Act Amendments of 1972:

(1) All final plans for cach phase of construction shall be submitteo ana approved by the Indiana Stream Pollution Control Board before that phase of construction comences.

(2) me applicants shall make application for an NPDES discharge permit at least 180 days prior to comencement of tne discharge.

This condition applies to tne discharges due to construction runoff and plant operation.

(3) te applicants shall be prepared to subnit proper stuaies under Section 316(a) and (b) as required by Sections 301 and 306 of tne Federal Water Pollution Control Act Amendments of 1972.

(4) 2e applicants sna11 obtain all necessary construction and operation permits from all Federal and State agencies requiring such permits.

(5) ne chlorine content of the discharge shall not exceed 0.2 milligrams per liter when measured as total residual.

The applicants may request increased total chlorine residual limitations if supported by otoassay study acceptable to the Indiana Stream Pollution Control Board.

(6) me temperature of the discharge is limited as specified in Regulation SPC IR-3. Alternative thermal limitations may be requested in accordance with Section 316(a) of the Federal Water Pollution Control Act Amendments of 1972.

,~.,

. . . i l H. In accordance with the requirements imposed by the October 8,1976 order of tne United States Court of Appeals for the District of Coluisia Circuit in Natural Resources Defense Council v.

Nuclear Regulatory Comission, 547 F2d 633 (reversed and remanded, suo nom. Vermont Yankee Nuclear Power Cbrporation v. tutural Resources Defense Council, Inc. (April 3,197d), that the Nuclear angulatory Comission "shall make any licenses granted between July 21, 1976, and such time when the mandate is issued subject to the outcome of sucti proceedings herein," the construction 7

permit issued herein snall be subject to the outcome of such proceedings.

4. This permit is subject to the limitation that a license authorizing operation of the facility will not be issued by the Comission unless (a) the applicants suomit to the Comission tne conplete final safety i analysis report, portions of which may be submitted and evaluated from 4

time to time; (b) the Comission finds tnat the final design provides I reasonaole assurance that the health and safety of the public i

will not ce endangered by the operation of tne facility in accordance

, with procedures approved by it in connection with the issuance of saio

license; (c) tne Comission finds that operation of the facility will
be in accordance with 10 CFR Part 51 of the Constission's regulations and all applicable requirements are satisfied; and (d) the applicants i sutniit proof of financial protection and execute an indemity agreement as required by Section 170 of the Act. '

? 5. This permit is effective as of its date of issuance and shall expire q cn the latest completion cate indicated in paragraph 3.A above.

FOR THE NUCIE.AR REGULATORY CDPMISSICN  !

Criginal Signed y M $. ,aspd

~

I aoger S. Boyd, Director ,

Division of Project Management l Office of Nuclear Reactor Regulation '

Late of Issuance: ,

MR 4M e

j t

J l