ML20138A128
| ML20138A128 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 03/05/1986 |
| From: | Anthony R ANTHONY, R.L., FRIENDS OF THE EARTH |
| To: | NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| CON-#186-368 2.206, NUDOCS 8603140079 | |
| Download: ML20138A128 (3) | |
Text
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2' U.S. NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-352.353 3
15: PHILA.ELEC.CO.
Licorick 0:2. Sta.
Voitg 1;d,i 2 y y E FOR IMMEDIATE S SPERSION Og LICENSE PETITION To THE COMMISSION PROM ANTHONY
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, ~II'B(NPFp), UNDER 10 CFR Sec.50.100.
l TEND NPF-39 ISSUED TO PECO,FOR VIOLATIONS OF to require o
o a-s on1/17/86Authony/Fosappealedtothe 4l ply with the resguirements of License RPF-39,Kpp. Bewhich were violated in PEco's cpplication 12/16/85 to the Delaware River Basia Commission for changee sa the l
withdrasal of water for Limerick oooling from the Sehuyl-comprehensive plan for kill River.( See T.B. Conner letter to S.J.Chilk,1/24/86 enclosing the application, horeafter(Appl.12/86).
We received sin answer, dated 2/26/86,from H.R.Dentoa stating that there was no need for the NRC to act on our petition and that he did not in-t0:4 to issue "a formal Director's Decision".
We now petition the Commission to 3
f cuopend License NFF-39 under the proeisions of 10CFR $0.100,especially the final
- ""**'I license... may be revoked, suspended,or modified......for violation of,or failure to observe,any of the terms and provisions of the not, regulations, license, permit,or order of the Commission. (Esphasis added )
- 1. Mr. Denton states (2/26/86)"that the requirements of EPP (App.B.) are trig-gered at the time PEco would take any propos.ed actions",and " PBco has met takaa.
cay of the actions it has proposed to DRBC".
He is mistakens PECo has taken these
[
cotions as set forth in the application, Appl.12/86,page 9:
f From August 9,1985 to November 30,1985, there were 31 dayser river availa-i bility pained due to the substitution of D.O. mesitoring for the tempera-ture criteria.
During much of the, early testing period when flow and B.O. levels were low the transfer, of allocations from Titus and Crosby allowed the plaat to operate' unrestricted.
}
The statements above from PEco provide the evidemos of actions in violation of App. B by PEco during 1985. changing the withdrawal criteria from temperature to Disolved Oxygen, flow limit,and rearaignment of water allocations fros other plaats.
These changes have extensive environmental impact and are forbidden in App. E, ospecially Para.3 1,which concernai operations " significantly affect (ing) the c vironment" and involving "an unreviewed environmental qvestion".
Para. 5 3 r: quires an assessment of impact cf changes and states that " changes in the EPP shall not commenee prior to NRC approval... in the form of a' license amendment."
$g PEco violated the terms of the license by the changes in water withdrawals from the Schuylkill in 1985 and has filed its intention te continue these viointions D
in 1986.
License NPF-39 must be suspendede until App. E requiregents are full-filled and hearings have been completed on the environmental affects of changes, e<f and the required license amendment issued as an outcome of the hearings. Sea.50.100 calls for suspension on the basis of past violations as well as continuing ones.
l o
2.
PEco's application (12/86) and continued operation of D.O. monitors currently violate the requirements of App. B,especially Para. 3 1 and 5 3 as set forth in
2 i-our p3titicco.; 4/29/85 to ALABI 10/1/85 to the Ctaniccical c:a 1/17/86 to Dir.
NRR. The present application violates the conditions set forth in App.B 3 1 :
Before engaging in additional construction or operational activities which may significantly affect the environment,the licensee shall prepare and record an environmental evaluation of such activity.....
When the evaluation indicates that such activity involves an unreviewed envi-rommental question, the licensee shall provide a written evaluation of such activity and obtain) prior NBC Approval.
Then such activity involves a change in the EPP,such activity and change to the EPP may be implemented only in socordance with as appropriate license amendment as set forth in Section 5 3 of this IPP.
(Esphasis added )
NRC approval PEco violated the above by omitting an environmental evaluation and prior A before engaging in construction and operation.
Evidence of current, ongoing con-struction and operation comes from the published notes from DRBC of its Meeting 1/22/86. (See Attachment 1. page 3 from the DRBC 1/22/86 notes) :
withdrawals Mr.Boyer revised his application by requesting that DRBC approve when average oxygen values in five of the six pools satisfy the 4 2 ag/l mini-mua instantaneous value and 5 1 ag/l miniana daily average value. He reported that all aositoring stations are in place and operating (added)
This statement proves that PEco has conettuated and is operating the D.O. monitors in violation of para. 31,without an environmental evaluation or NRC approval of the chamar, from temperature restriction,and PEco has ikplemented such a change by constructing and installing and operating the D.O. a t g This construction and operaties is in-violation of para. 5 3 which aise that tha filing of PEco's a
application (12/86) " triggers"the envirossental impact ski $h 6
did not submits R8 guests for changes in the EPP shall include as assessment of the environ-T551EE"Tapact of the Droposed ohmaze and a supporting justificaties.(added)
This proves that the" trigger" is not limited to " the time PEco would take any preposed actione"eas Mr.Denton asserts (2/26/86), bat comes with the reauest for nrososed ohnere.
- 3. PEce's reaueet (Appli.12/86) indic tes the intention of continuing the a
violatione of the lieense granted by BRDC is response to 1985 applications ( s e e
12/86 title page.):
.. substitution of in-strema mo' itoring of dissolved oxygen levels in place of the 59'P temperature constraint,similar to the substitution rranted...(May 29,1985)g med by transfer of the existing oosenaptive use (Titus and crosby statiosaJ....of the Schuylkill River water for Limeriok,said transfer orizia-alir masted... ( August 9,1985).
4 51see 79Co's oemetruction sad operaties of 3.0. mesitors as well as its renewed regaeet for similar obseges in the BRBC eenpact to those of 1985 sonstitute direct violations of Lioneoe NPP-39,the license aset be onepended under 10 CFR 50.g I oortify service by mail on : NRC Seo., Gen. Counsel, Respectfully submitted, Dir. NW,Dookoting,
- PEco, P. Romano, LEA ggf, g M /44 [ f M /, //7 M Box 186 Moylas,Pa.19 5
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Alues.Bm i Mr. Yaack noted l
program this year to improve system reliability in the area.
d county I
that a countywide water plan is being developed with the purveyors anW planning commission. subdivisions to acquaint them with the impact of their land 4
water resources.
In order to allow use of the well on an emergency basis while addressing the d to concerns raised by the U. S. Fish and Wildlife Service, Mr. Ranuck move llow the authorise the Executive Director to prepare an emergen i
i l provide meeting with the understanding that Philadelphia Suburban wil sources of concerving interconnections or alternate Seconded by Mr. Weston, the motion was approved unanimously by additional information Mr. Hansler expressed concern regarding emergency approval water supply.
for a well to meet new growth in addition to existing needs when t roll call vote.
on perennial streams is unknown.
use will be carefully evaluated.
Mantua Township Municipal Utilities Authority (NJ), consolidation of a grou (D-85-16 CP);
water allocation-and ground water withdrawal project, Ski Area)(PA), sewage treatment Blue Ridge Real Estate Company (Jack Frost plant modification and expansion, (D-85-81); and ground water withdrawat project, (PA), a Pocono Paras East Water CompanyWith no testimony offered, Docket Nos. D-85-16 CP (D-85-86 CP).
D-85-86 CP were moved, seconded and approved.
Philadelphia Electric Company (PA), revisions to a surface water withdrawa project during 1986 involving substitution of D0 for temperature constraints existing operating gener-and a transfer of consumptive use allocations at l
ating stacions to new use at. Limerick Generating Station, (D-69-210 CP P Evegatt explained that59 P limitation to determine the availabi Revision No. 5).
Mr.
from an earli'er stellar approval in its substitution for the Schuylkill River water differs of 7.0 mg/l minimum request for elimination of the DRBC-imposed requirement DO from March 1 to June 15.
Ms. Weisman listed the following hearing record correspondents to dater Fish Commission, Green Valleys Association, Trout Unlimited, f
Pennsylvania Friends of the Earth, and Mary Ellen Noble.
Boyer, Senior Vice President, Nuclear Power, Philadelphia t
incorporated his testimony into the record, stating that Mr. Vincent S.
the request is necessitated by the unavailability of the Point Pleasant Electric Company, Providing plant in 1986 for supplemental cooling water.
i operation and river oxygen, temperature and flow data, Mr. Moyer revise Diversion Project application by requesting that DR8C approve withdrawals when average oxy values in five of the six pools satisfy the 4.2 ag/l sintaum instantaneous r
He reported that all value and 5.1 ag/l minimus Jaily average value.
monitoring statione are in place and operating.
grrMWiw T
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