ML20140F068
| ML20140F068 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/24/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Bentsen L SENATE |
| Shared Package | |
| ML20140F072 | List: |
| References | |
| NUDOCS 8603310036 | |
| Download: ML20140F068 (7) | |
Text
r-1 WAR 2 4 386 The Honorable Lloyd Bentsen United States Senator 961 Federal Building Austin, Texas 78707 g_gf
Dear Senator Bentsen:
This is in response to your letter of February 28, 1986, to Mr. Carlton C.
Kammerer, Director, Office of Congressional Affairs, requesting pertinent information -regarding the Nuclear Regulatory Commission (NRC) Order extending the latest construction completion date for Comanche Peak Unit No.1.
In response to your request, enclosed is a letter to W. G. Counsil (Texas Utilities) from V. S. Noonan (NRC) dated February 10, 1986, providing the NRC Order extending the latest construction completion date for Comanche Peak Unit No.1 and the NRC staff evaluation of the Applicant's request for the extension. A copy of Mr. Noonan's letter to Mr. Counsil dated February 5, 1986, transmitting a copy of the staff's Environmental Assessment of the extension is also enclosed.
On March 13, 1986, in response to two pleadings filed by an intervenor in the Comanche Peak operating license proceeding, the Commission:
(1) denied the intervenor's request for a halt to construction and its request for a new constructicn permit proceeding; (2) denied the intervenor's request for a stay of the staff's extension of the construction permit; (3) rejected the intervenor's view that significant hazard considerations are involved in the extension of the construction permit; (4) referred the intervenor's request for enforcement action to the staff for consideration; and (5) referred the intervenor's request for a hearing to the Chairman of the Atomic Safety and Licensing Board Panel for appointment of a hearing board to rule on the hearing request and to conduct any necessary hearings. A copy of the Commission's Memorandum and Order is provided for your information.
We trust the enclosed documents will be helpful to you in responding to your constituent. Let us know should you r.eed further ir. formation.
Sincerely, Original signed by Victor Stello,-
Victor Stello, Jr.
Acting Executive Director for Operations
Enclosure:
See next page See next page for previous concurrences - Revised by A0/ED0 3/19/86 0FC :PD#5*
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NAME :AVietti-Cook VNoonan
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_____:____________:____________:____________:____________:____________:h__l/8 l DATE : 3/14/86els 3/14 /86
- 3/17/86
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l OFFICIAL RECORD COPY 8603310036 860324 PDR ADOCK 05000445 H
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Enclosures
- 1. Letter to W. G. Counsil (Texas Utilities) frm V. S. Noonan (NRC), dtd February 10, 1986
- 2. Letter to W. G. Counsf1 (Texas Utilities)
.fnn V. S. Noonan (NRC), dated February 5,1986
- 3. Comission's Memorandum and Order 1
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The Ponorable Lloyd Bentsen United States Senator 961 Federal Building Austin, Texas 78707
Dear Senator Bentsen:
This is in response to your letter of February 28, 1986, to Mr. Carlton C.
Kammerer, Director, Office of Congressional Affairs, requesting pertinent information regarding the Nuclear Regulatory Commission (NRC) Order extending thelatestconstructioncompletiondateforComanchePeakUnitNo.1./
In response to your request, enclosed is a letter to W. G. Counsil/ Texas Utilities) from V. S. Noonan (NRC) dated February 10, 1986, provif1pg the NRC Order extending the latest construction completion date for Comafiche Peak Unit No. I and the NRC staff evaluation of the Applicant's reques/ or the tf extention.
in response to two pleadings filed by,a/'intervenor in the On March 13, 1986, n
Comanche Peak operating license proceeding, the Commiss,fon:
(1) denied the intervenor's request for a halt to construction and its re cor,struction permit proceeding; (2) denied the inter /enor' quest for a new s request for a stay of the staff's extension'of the construction permit; (3) rejected the intervenor's view that significant hazard considerations are involved in the extension of the construction permit; (4) referred the intervenor's request for enforcement action to the staff for consid6 ration; and (5) referred the intervenor's request for a hearing to the Ch. airman of the Atomic Safety and licensing Board Panel for appointment of a h' earing board to rule on the j
hearing request and to conduct any necessary hearings.
We trust the enclosed documents will be helpful to you in responding to your constituent.
I.et us know should you,n'eed further information.
/
, Sincerely,
/
/
/
Victor Stello, Jr.
[
Acting Executive Director for Operations
Enclosure:
1.etter to W. G. Coun il (Texas Utilities) frm V. S. Noona (NRC), dtd February 10, 1986
- See next page for previous concurrences OFC :PD#5*
- DIR:P #5*
- AD:PWR-A*
- DD: NRR*
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- 0CA NAME :AVietti-Cook VN onan
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- VStello DATE : 3/14/86els 3/14 /86
- 3/17/86
- 3/17/86
- s./1 /86
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0FFICIAL RECORD COPY 1
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IJNITED STATES
-8 NUCLEAR REGULATORY COMMISSION g
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Docket No. 50-445 3
William G. Counsil Executive Vice President Texas Utilities Generating Company 400 North Olive Street, L.B. 81 Dallas, Texas 75201
Dear Mr. Counsil:
Subject:
Order Extending the Latest Construction Completion Date -
Comanche Peak Unit 1
-- In response to your request of January 29, 1986, as supplemented on
. February 4, 1986, the Nuclear Regulatory Commission has issued an ~ Order extending the latest construction completion date for Comanche Peak Steam Electric Station.
Unit 1.
The Order extendi, the latest construction completion date specified in Construction Permit No. CPPR-126 to August 1, 1988.
A copy of the Order granting the extension and -the NRC staff's evaluation of the request are enclosed. The Order has been forwarded to the Office of the Federal Register for publication.
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Sincerely, a
rector roject irect ate No. 5 Division of WR Licensing-A
Enclosure:
1.
Order 2.
Evaluation cc w/ enclosures:
See next page TC[2d7kh4--
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e W. G. Counsil Comanche Peak Stean Electri2 Station Texas Utilities Generating Company Units 1 and 2 cc:
Nicholas S. Reynolds Esq.
Resident Inspector / Comanche Peak Bishop, Liberman, Cook, Nuclear Power Station Purcell & Reynolds c/o U. S. Nuclear Regulatroy Commission 1200 Seventeenth Street, N. W.
P. O. Box 38 Washington, D. C. 20036 Glen Rcse, Texas 76043 Robert A. Wooldridge, Esq.
Regional Administrator, Region IV s-
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Watsham, Forsythe, Sampels &
U. S. Nuclear Regulatory Commission
- Wooldridge 611 Ryan Plaza Drive Suite 1000 2001 Bryan Tower, Suite 2500 Arlington, Texas 76011 Dallas, Texas Mr. Robert E. Ballard, Jr.
Lanny A. Sinkin Director of Projects Christic Institute Gibbs and Hill, Inc.
1324 North Capitol Street 11 Pen Plaza Washington, D. C. 20002 New York,!e.< York 10001
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Mr. R. S. Howard Ms. Billie Pirner Garde Westinghou:e Electire Corporation Citizens Clinic Director 7-P.O. Box 355 Government Accountability Project Pl.ttsburgh, Pennsylvania 15230 1901 Que Street, N. W.
Washington, D. C. 20009.
Renea' Hicks. Esq.
David R. Pigott, Esq.
Assistant Attorney General Orrick, Herrington, & Sutcliffe Environmental Protection Division 600 Montgomery Street P.O. Box 12548 Capitol Station San Francisco, California 94111 Austin, Texas 78711 Mrs. Juanita Ellis, President Anthony Z. Roisman, Esq.
Citizens Association for Sound Energy Trial Lawyers for Public Justice 1426 South Polk 2000 P Street, N. W.
Dallas, Texas 75224 Suite 611 Washington, D. C. 20036 Ms. Nancy H. Williams Nancy E. Wiegers
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CYGNA Spiegel & McDiarmed r
101 California Street 1350 New York Avenue, N. W.;
San Francisco, California 94111 Washington, D. C. 20005-4798 l
Robert P. Lessy, Jr.
Morgan, Lewis & Bokius 1800 M Street, N. W.
Suite 700, North. Tower Washington, D. C. 20036 l
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Texas Utilities Electric Company Conanche Peak Electric' Station Units 1 and 2
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Resident Inspector - Comanche Peak c/o U. S. Nuclear Regulatory Comission P.O. Box 1029 Granbury,. Texas 76048
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Mr. John W. Beck Vice President Texas Utilities Electric Company Skyway Tower 400 North Olive Street, L. B. 81 Dallas, Texas 75201 Mr Jack Redding Licensing Texas Utilities Generating' Company 4901 Fainnont Avenue Bethesda, Maryland 20814 William A. Burchette Esq.
Heron, Burchette, Ruckert & Rothwell Suite 700 1025 Thomas Jeffersor. Street, N. W.
Washington, D. C. 20007 Mr. James McGaughy
-Southern Engineering Company of Georgia 1800~Peachtree Street, N. W.
Atlanta, Georgia 30367-8301 Administrative Judge Peter Bloch U. S. Nuclear Regulatory Comission Washington, D. C. 20555 Elizabeth B. Johnson Administrative Judge Oak Ridge National Laboratory P.O. Box X Building 3500 Oak Ridge Tennesse 37830 Dr. Kenneth A. McCollom, Dean Division of Engineering, Architecture and Technology Oklahnma State University Stillwater Oklahoma 74074 L
Dr. Walter H. Jordan 881 Outer Drive Oak Ridge, Tennesse 37830
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NUCLEAR REGULATORY COMMISSION
,,-j TEXAS UTILITIES ELECTRIC COMPANY, ET AL.
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COMANCHE PEAK STEAM ELECTRIC STATION, UNIT 1 DOCKET NO. 50-445 ORDER EXTENDING LATEST CONSTRUCTION COMPLETION DATE The Texas Utilities Electric Company. Texas Municipal Power b~
- Mgency, Brazos Electric Power Cooperative, Inc.,
Tex-La Electric -
Cooperative of Texas, Inc. (Applicants) are the holders of Construction Permit No. CPPR-126 issued by the Atomic Energy Commission O on December 19, 1974 for construction of the Comanche Peak Steam E!ectric Station Unit 1, a nuclear facility utilfring a Westinghouse Electric Corporation nuclear steam supply system presently under construction at the Applicants' site in Somervell County, Texas.
.,, By letter dated January 29, 1986, as supplemented on February 4, 1988, the Applicants fDed a request for extension of the latest
'n Construction Permit construe'llon completion date specified i
No. CPPR-126 to August 1,1988.
The Applicants state that, although construction on Comanche Peak Unit I was essentially completed early in 1985, major efforts to reinspect and reenalyse various structures, systems, and components are currently underway.
These efforts are being conducted by the Applicants' Comanche Peak Response Team to i
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Effective January 20, 1975, the Atomic Energy Commiedon was abolished a id its regulatory authority transferred to the. Nuclear Regulatory Commission.
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verify both design and construction adequacy as well as to respond to 4
y the numerous issues raised in the operating license proceeding,.
-NRC's Technical Review Team, and by other sources.
This activjty has
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been ongoing since the fall of 1984.
The Applicants anticipate that it will not be complete before the second quarter of ~ 1986.
Because of uncertainties associated with these activities and with the hearing process, the Applicants request an extension until August 1, 1988 to
, cover such contingencies.
. As discussed more fully in the staff's related Evaluation of Request dated February 10, 1986, we have concluded that good cause has been shown for the delsy, and that the requested extension is for a reasonable period.
We have further concluded that the requested extension involves no significant hazards consideration, and therefore no prior public notice is required.
.The NRC staff has prepared an environmental assessmeat and finding of' no significant impact which was published in the Federal Register on February 7, 1986 (51 FR 4834).
The NRC staff has concluded that this action will not have a significant impact on the quality of the human environment and therefore no environmental impact i
statement need be prepared.
f The Applicants' letter dated January 29, 1986, as supplemented on February 4, 1986, and the NRC staff's letter and evaluation dated February 10, 1986 issued in support of this Order are available for public inspection at the Commission's Public Document Room, 1717 H 78treet, L
N.W., Washington, D.C., and at the Somervall County Public Library, On the Square, Glen Rose. Texas 74043.
. w IT IS HEREBY ORDERED that the latest completion date for
- 2 CPPR-126 be extended to August 1,1988.
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Thomas M. Novak Acting Director Division of PWR Licensing-A Date of Issuance: February 10, 1986 e
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EVALUATION OF REQUEST FOR EXTENSION OF THE CONSTRUCTION' PERMIT COMPLETION DATEN COMANCHE PEAK STEAM ELECTRIC STATION, UNIT Nd'. I TEXAS UTILITIES ELECTRIC COMPANY, ET AL.
DOCKET NO. 50-445 j
Introduction N
Sy letter dated January 29, 1986, as supplemented February 4, 1986,-
d5'x'as Utilities Electric Company. Texas Municipal Power Agency, Brazos Electric Power Cooperative, Inc. and Tex-La Electric Cooperative of Texas, Inc. (applicants) requested that the latest construction completion date for Comanche Peak Steam Ele::tric Station, Unit No.1, specified in Construction Permit No. CPPR-126 be extended to August 1,1988.
Evaluation Good Cause In their letters of January 29 and February 4,1986, applicants state that i
' good cause" exists to warrant the extension requested.
They observe that although construction of the facility is essentially completed, significant additional efforts, which in fact commenced in the fall of ISD, l.;
are necessary to address and resolve questions raised by the staff in the course of its review as well as issues raised by the Licensing Board and l
other parties in the operating license hearing.
These matters must be i
resolved to assure that all regulatory requirements have been or will be met.
i In the staff's judgment, these matters were not foreseen when the app 11-cants requested and were granted an extension of the construction permit l
~ in April 1982 nor have the applicants been dilatory in pursuing plation of the plant and resolution of outstanding issues.
The staff, therefore, l
concludes that " good cause" for the delay has been comonstrateil by the l
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a applicants so as to warrant an extension of the construction permit for Unit 1.
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Reasonableness of Period of Time Requested Applicants request that the construction permit be extended to August 1, 1988.
In support of the request, they state that, while they anticipate that their current efforts to resolve the outstanding technical issues
.through the Comanche Peak Response Team (CPRT) Program will be completed by the end of the second quarter of 1986 and they are, there-fore, hopeful that all remaining steps necessary to obtain an operating t
, license will be completed well before the August 1,1988 date, a margin of
-uncertainty for contingencies, such as the hearing and decision schedule,'
should be allowed.
The Staff has evaluated the applicants' request and agrees that the
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period of time requested is reasonable. Although the applicants anticipate completion of the CPRT activities in mid-1986, it is not unreasonable to I
expect that new matters may arise either as a result of program imple-mentation or from external sources such as the hearing process or by allegations, which could require further time to bring to resolution; in
- fact, the history of this proceeding suggests that. it is prudent to anticipate such issues. The CPRT results are also to be presented to the '
j Licensing Board in order to complete ongoing licensing hearings. No date j
for such further hearings has yet been set.
Accordingly, while with I
diligent efforts on the part of the applicants to complete all matters now known to be outstanding, the completion of the licensing process may be able to meet a project operating date in mid-1987, there is sufficient uncertainty with respect to schedules for completion of all outstanding issues to support the reasonableness of August 1,1988.
Conclusion Because the request is merely for more time to complete construction i
already authorised by Construction Permit No. CPPR-126, and hoes not seek authorisation for activities not previously authorised, it ist obvious that it does not involve a significant increase in the probability or i
consequences of an accident previously evaluated,
or create the possibility of a new or different kind of accident from any, accident previously evaluated, or involve a significant reduction in a} m;argin of safety.
Accordingly, the NRC staff has concluded that the acilon does not involve a significant hazards consideration.
Based on the foregoing, the NRC staff further concludes that, pursuant
.to 10 C.F.R. 50.55(b), the applicants have shown good cause for the delay and that the requested extension is for a reasonable period of time.
-Date: February 10, 1986 S
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