ML20148N022

Confirms M Rothschild 801125 Telcon W/G Fiorelli Re Request for Insp of Facilities to Ascertain Site Conditions in View of Withdrawal of CP Applications.Requests All Insp Repts Re LWA Activities

ML20148N022
Person / Time
Site:	Davis Besse
Issue date:	12/03/1980
From:	Treby S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
References
NUDOCS 8012290124
Download: ML20148N022 (3)

Text

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4 December 3,1980 .i f u s o .

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MEMORANDUM FOR: James S. Keppler. Director 1 Region III. Office of Inspection and Enforcement FROM: Stuart A. Treby, Assistant Chief Hearing Counsel.

Office of the Executive Legal Director

SUBJECT:

DAVIS-BESSE NUCLEAR POWER STATION, UNITS 2 AND 3 -

REQUEST FOR SPECIAL INSPECTION (DOCKET NOS. 50-500 AND 50-501)

This is to confim the telephone conversation of November 25, 1980 between Marjorie Rothschild. Counsel for NRC Staff in this proceeding and Gaston i Fiore111. Chief, Reactor Construction and Engineering Support Branch-(Region III), regarding the above docket. As explained in that conver-sation, by letter dated November 17. 1980 to Harold Denton. Director Office ,

of Nuclear Reactor Regulation (see Attachment 1) the co-owners (Toledo )

Edison Company, et al.) of the proposed Davis-Besse Nuclear Power Station.

Units 2&3 (hereafter Davis-Besse, 283), having applied previously for construction pemits for the above units 0 withdrew their joint applications for construction pemits before the NRC, subject to any action by the Atomic and Licensing Safety'and Licensing Appeal Board the Appeal(Board (theorLicensing Board) the Commission Board), which themay Atomic Safety M The joint applications were the subject of a Notice of Hearing which was published in the Federal Renister on Septembe? 5.1974 (39 Fed.

Rea.32176). Following an uncontested evidentiary hesrfng on environ-mental and site suitability matters, the Licensing Board issued a Partial Initial Decision on December 31,1975. LBP-75-75, 2 NRC 993 (1975). The co-owners received two Limited Work Authorizations for Davis-Besse 283, dated December 31, 1975 and September 13, 1978, respectively.

THIS DOCUMENT CONTAINS CO M schild POOR QUAllTY PAGES 4 49-28659 gg .

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NRC FORM 318 (9 76) NRCM 0240 DU.S. GOVERNMENT PRINTING OFFICE: 1979 289 369

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Mr. James G. Keppler be required for such withdrawal to become effective. The cc owners request that such action be promptly taken.

The Staff, in a pleading responding to an earlier request that the Appeal

Board terminate proceedings in this docket (see Attachment 2), took the position that: ,

G "a determination on Applicants' [ Toledo Edison Company, et al.] request should be held in abeyance until the Staff has had the opportunity to evaluate the precise condition of the Davis-Besse. Units 2 and 3 site, in terms of all activities undertaken by the Applicants on the site pursuant to their Limited Work Authorizations (LWAs). The Staff will then provide the Licensing Board with the results of its review. In the event Applicants i decide to withdraw their applications for construction pemits, such withdrawel shall be on such tems and con-ditions as the presiding officer shall prescribe. 10 CFR i 1

5.2.107(a).

On February 6,1960, subsequent to the announcement of the cancellation of Davis-Besse 2&3,u personnel from Region III, the NRC Office of Inspection and Enforcement (!&E) conducted a special inspection of the Davis-Besse site (Inspection Report Nos. 50-500/80-01, 50-501/80-1). That inspection assessed the status at that time of the activities undertaken pursuant to the Limited Work Authorizations. The inspection rpoort stated that: .

The applicant presently has not proposed a plan for restoring the site. A committee has been fomed to study the problem and will announce their decision when the study is cumplete.

Subsequent to the receipt of the co-owners' letter of November 17, 1980 Staff counsel, in a letter to the presiding Licensing Board dated Novem-ber 26, 1980, stated that the Staff will conduct another inspection of the Davis-Besse site, to determine the current condition of the site. That letter also informed the Board that upon completion of that inspection, the Staff would be in a position to present its views to the Licensing Board on l

l U The co-owners (Toledo Edison Company, et al.), announced the cancel-lation of Davis-Besse Units 283 on January 23,1980 (see Attachment 3, press release).

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P@C FORM 318 (9776) NRCM 0240 UU.S. GOVERNMENT PRINTING OFFICE: 1979 289 369

_ l Mr. James G. Kep'pler - 2-I whether termination of the proceeding requires the imposition of any special conditions. l In order for the Staff to present its views to the Licensing Board, it will be necessary for the Staff to conduct an inspection to ascertain the precise condition of the site in terms of all LWA activities undertaken and action.

if any, to restore the site to its pre-LWA condition.. In this regard it would be helpful to know whether the applicants' committee completed its

. " study" and the conclusions of any such study. Mr. Fiore111 indicated that you will arrange with appropriate personnel assigned to Region III for the site visit and inspection which will be necessary for the Staff to present '

Its views to the Licensing Board.

We would appreciate it if you would send us all inspection reports relating  :

to LWA activities at the Davis-Besse 2 and 3 site. Your prompt attention to this matter is appreciated.  ;

Stuart A. Treby Assistant Chief Hearing Counsel Office of the Executive Legal Director Attachments: As stated ,

cc: H. Thornburg s R. Tedesco i B.J. Youngblood i G. Fiore111. Region I!!

M. Rothschild  ;

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DISTRIBUTION  !

NRC Central File ELD Reading File Chron.

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vare >. . . . . ./. 02 /. 80 90 C FORM 318 (9 76) NRCM 0240 W U.S. GOVERNMENT PRINTING OFFICE: 1979 289 369

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ATTACHMElli 1 d rottoo Docket Nos. 50-500, 50-501

' "I UIMU Serial No. 2-144 A'cemoP caouse

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%G.9 November 17, 1980 '

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Mr. Harold Denton Li  ;

Office of Nuclear Reactor Regulation O. S. Nuclear Regulatory Commission

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Washington, D. C. 20555 i@3'; ,

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Dear Mr. Denton:

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$ w gj By letters dated January 24, 1980 and January 29, 1980, counsel W for the companies in the Central Area Power Coordinating Group '

("The CAPC0 companies"), co-owners of the Davis-Besse Nuclear .

Power Station, Units 2 and 3, notified the Chainnan of the i Atomic Safety and Licensing Appeal Board Panel and the Secretary .

of the Nuclear Regulatory Commission, respectively, of the CAPCO companies' decision to cancel plans for those unite. The i letter to the Atomic Safety and Licensing Appeal Board Panel  ;

requested that the Appeal Board terminate any further proceed-ings in those dockets. .

6 In light of the decision to cancel plans for Davis-Besse Units 2 and 3, the CAPCO ccmpanies hereby withdraw their joint  :

Application for Licenses before the Nuclear Regulatory Commi-sion. To the extent that action by the Atomic Safety and i Licensing Board, Atomic Safety and Licensing Appeal Board, l or Commission is required for this withdrawal to become '

effective, this letter requests that such action be promptly taken.

Very truly yours, Subscribed and sworn to

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before me this Seventeenth day of November, 1980.

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/0 t ec: Samuel J. Chilk Alan S. Rosenthal, isquira

[ , ( hb Dr. David L Retrick ,

Dr. Cadet H. Hand, Jr.

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Majorie Ulman Rothschild, Esquire My commiss.on Eck'S 43 9 E Docketing and Service Section gf 5

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• Alan S. Rosenthal, Esquire f Chairman  !

Atomic Safety and Licensing Appeal Board Panel ,

U. S. Nuclear Regulatory Commission

a shing ton , D. C.

, 20555  ;

Re: The Toledo Edison Ccmpany (Davis-Besse Nuclear Power Station, '

Units 2 and 3)

Docket Nos. 50-500 and 50-501  :

1 Dear Mr. Rosenthal l

Enclosed is a copy of a news release issued on January 23,  ;

1930, by The Toledo Edison Company, which announces a decision by the co-owners of the Davis-Besse Nuclear Power Station, Units 2 and 3, to terminate plans for those units. l 1

In light of this decision, we respectfully request that the t

Atemic Safety and Licensing Appeal Board terminate any further preccedings in these dockets.  !

i Very truly yours,  !

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Jay E. Silberg Counsel for Applicants [

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. - m n a ,. e s b c c o u c u :ir.,L/ . s . . .J. ATTACHMENT 3 -

r.htic Information Ocpartment 300 Madison Avenue . Toledo, Ohio 43652  ;

i Centact: Roger Buehrer  !

(419) 259-5420 ice Rc! ease; Wednesday, .

Date: January 23, 19:

TOLEDO EDISON TE.U1INATES PLANS FOR DAVIS-32SSE UNITS TOLEDO, o. , January 23 - Toledo Edison said today that proposed second and third units at Davis-Sesse' Nuclear Pcwor Station are among four ,

ganerating units which have been terminated by the Central Area Pcwer  :

Coordinating Group (CAPCO). Stretched out schedules were announced ,

i for three units under construction in which Toledo Edison has a 20 per i i

cent'cwnership. .

I John P. Williamson, Toledo Edison chairman and chief l

i axecutive of ficer, said the two nuclear units were to be built and ,

e cperated by Toledo Edison. The Company would have cwned about 20 per l t

ca.?f. of the units as well as the same percentage of two units Ohio I

' dison Company was to build and operate in Er(e County near .Serlin i

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Heights which were also terminated.

"We remain convinced that nuclear pcwer is a safe, clean and efficient fem of energy," he said. "'d ovever, we were cercuitted to a i ve ry. heavy . nuclear program--one of the heaviest in the country. In i vicw of reduced load growth pro'jections, financial constraints and t -Jay's climate of over-regulation, we do not believe it is feasible .;

to prcceed with future units at this time . "  !

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i Toledo Edison remains ccmmitted to nuc1 car .:cwe r, he said,  ;

hrcugh its investment in about half of the Davis-sesse Unit one plus i t  :

abou t 20 per cent ownership in capacity of t,he three CA?co nuclear i units under construction, two at North Perry, Ohio and another At ,

f, Shippingport, Pennsylvania.

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"When the committed nuclear capacity is available to us by i late 1980's we will have a favorable generation mix of 50 per cent l ccal, 45 per cent nuclear and 5 per cent in oil," he said. j "For these next few years, as the country's energy situation j i

continues unresolved, customers will be asked 'to develop acre of a l conservation ethic than they have evidenced in previous years. j Care ful and wise use of energy has always been a good idea. Good l t

control of electricity use during peak hours will help us postpone adding new capacity. Perhaps this period will be long enough that  !

the political and regulatory climate can change in ways that will l

l recognize the really extreme difficulties imposed on the only viable l

fuel rescources available on a large scale through 2,000--coal and i

nuclear," he said. l

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The estimated original cost of the Davis-Sesse units was l l

abcut 51 billion each. By 1979, increased regulation and the impact j of inflation had increased those estimates to about 53.4 billion l l

ccmbined cest.  !

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"Even with the termination of the four units, Toledo Edison's installed reserve capac'ity should be adecuate through the 19 80's to I

rh e t the currently forecasted load growth," Mr. Willia son said.  !

"The first additional capacity will ecce later this year when the i i

third unit at the Bruce Mansfield coal-fired station on the Chio River ,

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is cut into cperation. Toledo Zdison has aboud a 20 per cent cwnership f j

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J Plans for the Davis-Besse units were anncunced in 1973 with  !

the original in-service date set for the early 1980's. Since then )

t there have been four announced delays amounting to about seven years. j The last delay was announced in Novaraber 1978, when the four units i

were delay.e'd three yer.rs.

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