ML20148S094

Comm Will Review Decision of ASLB in ALAB-487.In Particular Issues Examined Will Be Implication of Seabrook Decision, CLI-77-8,5NRC503,508;CLI-78-1,7NRC1,25-26, & to What Extent Lic Conditions Should Reflect Epa'S Authority

ML20148S094
Person / Time
Site:	Indian Point
Issue date:	11/15/1978
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:
References
NUDOCS 7812010154
Download: ML20148S094 (3)

Text

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NRC PUBLIC DOCUMENT ROOM UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g&

COMMISSIONERS: af qc;$

6

\bg7 -d2 Richard T. Kennedy / I gGN sgI C Peter A. Bradford_

John F. Ahearne cgj h 7 In the Matter of

)

CONSOLIDATED EDIS0N COMPANY OF ) Docket No. 50-247 NEW YORK, INC. ) OL No. DPR-26

) (Determination of Preferred (Indian Point Station Unit No. 2) ) Alternative Closed-Cycle

) Cooling System)

MEMORANDUM AND ORDER On July 25, 1978, the Appeal Board issued ALAB-487, which summarily affirmed the Licensing Board's Order of June 14, 1978. That Order held that the issuance by the Village of Buchanan Zoning Board of Appeals of a zoning vari ace constituted the final governmental approval needed by i Consolidated Edison to build a cooling tower at Indian Point Unit No. 2.

As a result, the Licensing Board found that Consolidated Edison could proceed with the construction of the cooling tower, and it modified license condition 2.E.(1)(b) to read as follows:

The Commission has determined that the licensee has acted with due diligence and that all governmental approvals required to proceed with construction of the closed-cycle cooling system have been received. The Commission has also dett emined that the reasonable date for termination of once-tnrough cooling is now May 1,1982.

• /

- Commissioner B*adford would not review the Appeal Board decision in ALAB-487 becau e he believes that no concrete controversy is presented.

12010 154 h p

l 2

We note that Region II of the Environmental Protection Agency (EPA) is currently conducting an adjudicatory proceeding to determine the type -<

of cooling system which will be required for a number of Hudson River l

power plants, one of which is Indian Point u' nit No. 2. At this time, l EPA is reconsidering its decision under tha Federal Water Pollution l Control Act Amendments (FWPCA) to impose a thermal effluent limitation 1

on the Indian Point facility. f Our decisions in the Seabrook1/proceedinghaveemphasizedthat EPA has the primary voice in determining the type of cooling system to be used in nuclear power plants, and have stressed as well the desir-ability of avoiding duplicative or inconsistent proceedings by this agency and EPA. Accordingly, we exercise our authority to review, on our own motion, the decision of the Appeal Board in ALAB-487. We ask the participants to address, with particular reference to the role of EPA:

(1) the implication of the Seabrook decision with respect to closed-cycle cooling at Indian Point Unit No. 2; and the existing termination date of May 1, 1982 for operating Indian Point Unit No. 2 with once-through cooling;2/ and

~

1/ Public Service Company of New Hampshire (Seabrook Station, Units 1 and 2), CLI-77-8, 5 NRC 503, 508 (1977); CLI-78-1, 7 NRC 1, 25-26 (1978). .

~~2/

We note that nothing in this order affects the Commission's current intention to require termination of once-through cooling by this date. ,

I

3 (2) to what extent the license conditions 2.E.(1)(a-d) should be modified to take proper account of EPA's authority.

We invite the comments of EPA and the Power. Authority of the State --

of New York (PASNY).3/ Initial briefs shall be received by the Com-mission by December 1,1978. Any reply briefs shall be received by the Commission by December 15, 1978. If we determine to have cral argument, it will be scheduled in a future order.

It is so ORDERED. ,

For the Commission

. }*O %

f SAMUEL J . CHILK Secretary of.:he Commission i

Dated at Washington, D.C.

this 15th day of November 1978.

~3/ We expect that PASNY, licensee for Indian Point Unit 3, shares our concern with these matte"., because its operating license contains similar provisions requiring a change-over to closed-cycle cooling by September 15, 1982. 43 Fed. Reg. 49082, n.1 (October 20, 1978).