ML20153E598

Board Notification 86-005:forwards Order Extending Latest Const Completion Date to 880801.Evaluation & Author to Applicant Also Encl

ML20153E598
Person / Time
Site:	Comanche Peak
Issue date:	02/24/1986
From:	Noonan V Office of Nuclear Reactor Regulation
To:	Asselstine, Palladino, Roberts NRC COMMISSION (OCM)
References
CON-#186-187, TASK-AS, TASK-BN86-005, TASK-BN86-5 BN-86-005, BN-86-5, OL, NUDOCS 8602250073
Download: ML20153E598 (2)

Text

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g g4 g Docket Nos.: 50-445 MEMORANDUM FOR: Chairman Palladino Comissicner Roberts Comissioner Asselstine Commissioner Bernthal Comissioner Zech FROM: Vincent S. Noonan, Director PWR Project Directorate #5 Division of PWR licensing-A

SUBJECT:

BOARD NOTIFICATION - COMANCHE PEAK STEAM ELECTRIC STATION UNIT 1 CONSTRUCTION PERMIT CPPR-126 (BOARD NOTIFICATION NO. 86 05 )

This Notification is being provided to the Commission in accordance with the revised Comission's notification policy of July 6,1984, to inform the Comission on all issues on the cases before the Comission.

During a routine review of various licensing documents for Comanche Peak comencing on January 24, 1986, the staff review found that the construction permit for Unit I had expired on August 1, 1985. The applicant had not made a timely filing for a renewal. The construction permits had previously been extended for Unit I and 2, and Unit 2 is now scheduled to expire on August 1, 1987.

On February 10, 1986, the NRC staff extended the latest construction completion date for Comanche Peak Unit I to August 1,1988. A copy of the Order and related letter to Applicants and Evaluation is enclosed.

The parties to the proceeding are being notified by copy this memorandum.

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' . No nan; or

4. Proje t Directorate #5 Division f PWR I.icensing-A

Enclosure:

I.etter to Applicants dated February 10, 1986 cc: See next page 860225007

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cc: P. Bloch, ASLB W. Jordan, ASLB K. McCollom, ASLB E. Johnson, ASLB H. Grossman, ASLB SECY(2) '

EDO OGC OPE i ACRS(10)-

! Parties to the proceeding ,

See next page  ;

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- #'  % UNITED 5TATES

[ }, NUCLEAR REGULATORY COMMISSION

,j- WASHINGTON D.C.20655

\,...../ q,10 g Docket No. 50-445 William G. Counsil Executive Vice President Texas Utilities Generating Company 400 North Olive Street, L.B. 81 Dallas. Texas 75201

Subject:

Order Extending the Latest Construction Completion Date -

Comanche Peak Unit 1 .c 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 extends 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, /

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. an irector Project irect ate No. 5 Division of WR Licensing-A

Enclosure:

1. Order

2. Evaluation cc w/ enclosures:

See next page

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4 W. G. Counsil Comanche Peak Steam Electric Siation Texas Utilities Generating Company Units 1 and 2 cc:

Nicholas S. Reynolds. Esq. Resident Inspector / Comanche Peak Bishop, Liberwan, 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 Rose Texas 76043 I,

' Robert A. Wooldridge, Esq. Regional Administrator, Region IV Worsham, Forsythe, Sarpels & U. S. Nuclear Regulatory Commission Wooldridge 611 Ryan Plaza Drive Suite 1000 r

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- 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. 20C02 New York, New York 10001 Mr. R. S. Howard Ms. Billie Pirner Garde Westinghouse Electire Corporation Citizens Clinic Director P.O. Box 355 Government Accountability Project Pittsburgh, Pennsylvania 15230

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1901 Que Strr.et, N. W. .

i 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 l

Washington, D. C. 20036 -

Ms. Nancy H. Williams Nancy E. Wiegers ,

CYGNA Spiegel & McDiarmed 101 California Street 1350 New York Avenue, N. W.

San Francisco, California 94111 Washington, D. C. 20005-4798 Robert P. Lessy, Jr.

Morgan, Lewis & Bokius 1800 M Street, N. W.

Suite 700 North Tower Washington, D. C. 20036

2 Texas Utilities Electric Company Comanche Peak Electric Station Units I and 2 , . ,

cc: -

Resident Inspector - Comanche Peak -

c/o U. S. Nuclear Regulatory Connission P.O. Box 1029 Granbury, Texas 76048 Mr. John W. Beck Vice President Texas Utilities Electric Company Skyway Tower 400 North Olive Street, L. 5. 81

,- Dallas, Texas 75201 Mr. Jack Redding Licensing '~

' Texas Utilities Generating Company 4901 Fairmont Avenue Bethesda, Maryland 20814 William A. Burchette. Esq.

Heron, Burchette, Ruckert & Rothwell Suite 700 1025 Thomas Jefferson Street, N. W.

Washington, D. C. 20007 Mr. James McGaughy Southern Engineering Company of Georgia 1800 Peachtree Street, N. W.

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Atlanta, Georgia 30367-8301 Administrative Judge Peter Bloch U. S. Nuclear Regulatory Commission

. . 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. McCo110m. Dean Division of Engineering, Architecture and Technology .

Oklahnma State University Stillwater, Oklahorm 74074 Dr. Walter H. Jordan 881 Outer Drive Oak Ridge, Tennesse 37830

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dVALUATION OF REQUEST FOR EXTENSION OF THE CONSTRUCTION PERMIT COMPLETION DATE -

COMANCHE PEAK STEAM ELECTRIC STATION, UNIT NO'. 1

TEXAS UTILITIES ELECTRIC COMPANY, ET AL.

DOCKET NO. 50-445 l

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. Introduction b By letter dated January 29, 1986, as supplemented February 4, 1986 Texas 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 Electric Station, Unit No.1, specified in Construction Permit No. CPPR-126 be extended to August 1,1988.

Evaluation t

Good Cause In their letters of January 29 and February 4,1986, applicants state that 7 " 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 1984, 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 l l resolved to assure that all regulatory requirements have been or will be '

met.

In the staff's judgment, these matters were not foreseen when the appli-j cants requested and were granted an extension of the construction permit i in April 1982 nor have the applicants been dilatory in pursuing completion of the plant and resolution of outstanding issues. The staff, therefore, concludes that " good cause" for the delay has been demonstrated by the i

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applicants so . to warrant an extension of the construction permit for Unit 1. r_ ,

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 c'urrent 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

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< license will be completed well before the August 1,1988 date, a margin of uncertainty for contingencies, such as the hearing and decision schedule, Y

. should be allowed.

The Staff has evaluated the applicants' request and agrees that the period of time requested is reasonable. Although the applicants anticipate completion of the CPRT activities in mid-1986, it is not unreasonable to 1 expect that new matters may arise either as a result of program imple-l ,, mentation or from external sources such as the hearing process cr by allegations, which could require further time to bring to resolutions in fact, the . history of this proceeding suggests that it is prudent to

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ant'icipate such issues.- The CPRT results are also to be presented to the Licensing Board in order to complete ongoing licensing hearings. No date i for such further hearings has yet been set. Accordingly, while with -

"# 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

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j issues to support the reasonableness of August 1,1988, a

< Conclusion Because the request is merely for ror' time to complete construction already authorized by Construction P-*at No. CPPR-126, and does not seek authorization for activities not previously authorized, it is obvious that it does not involve a significant increase in the probability or l

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0 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 margin of safety. Accordingly, the NRC ataff has concluded that the-action'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 r

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. 7590-01 F

! NUCLEAR REGULATORY COMMISSION ,,

TEXAS UTILITIES ELECTRIC COMP ANY, ET AL. -

COMANCHE PEAK STEAM ELECT.10 STATION, UNIT 1 '

DOCKET NO. 50-445 ORDER EXTENDING LATEST CONSTRUCTION COMPLETION DATE The Texas Utilities Electric Company. Texas Municipal Power f Agency, 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 Electric Station Unit 1, a nuclear facility utilizing a Westinghouse Electric i

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 1986, the Applicants filed a request for extension of the latest l

construction completion date specified in Construction Permit

- -- 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, syctems, and components are currently underway. These efforts are being conducted by the Applicants' Coaanche Peak Response Team to 1/ Effective January 20, 1975, the Atomic Energy Commission was abolished and its regulatory authority transferred to the Nuclear Regulatcry Commission.

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verify both design and construction adequacy as well as to respond to numerous issues raised in the operating license proceedingeby the NRC's Technical Review Team, and by other sources. This activity hs l been ongoing since the fall of 1984. The Applicants anticipate thai 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 r

dated February 10, 1986, we have concluded that good cause has been shown for the delay, and that the requested extension is for a f

reasonable period. We have further concluded that the requested extension involves no significant hazards consideration, and therefore r.o prior public notice is required.

.The NRC staff has prepared an environmental assessment and g 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 eignificant impact on the -

quality of the human environment and therefore no environmental impact statement need be prepared.

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, 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' Street, N.W., Washington, D.C., and at the Somervell County Public Library, On the Square, Glen Rose Texas 76043.

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3-IT IS HEREBY ORDERED that the latest completion date for CPPR-126 be extended to August 1,1988. ,

n G Thomas M. Novak Acting Director-Division of PWR Licensing-A Date of Issuance: February 10, 1986 O

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DISIRIBUrlm lib 7 KR DOARD NOTIFICATIN Ccmanche Peak Units It.2 Docket Nos. 50-445/446 Peter B. Bloch, Esq.

William L. Brown, Esq.

William H. Burchette, Esq.

Mr. W. G. Counsil Mr. James E. Ctnmins

'Ihemas G. Dignan, Esq.

Mrs. Juanita Ellis Joseph Gallo, Esq.

Billie Pirner Garde Ellen Ginsberg, Esq.

Renea Hicks, Esq.

Robert A. Jablon, Esq.

Elizabeth B. Johnson, Esq.

Dr. Walter H. Jordan Roy P. Lessy, Jr. , Esq.

Robert D. hbrtin, Esq.

Dr. Kenneth A. McCollem Mr. James T. htCaughy Nicholas S. Reynolds, Esq.

/cthony Z. Roisman, Esq.

Mr. Ianny Alan Sinkin Robert A. Wooldridge, Esq.

i Mr. Homer C. Schmidt Mr. Robert E. Ballard, Jr. .

Mr. R.S. Howard MS, Nancy J. Williams Mr. David R. Piggott Ms. Nancy E. Wiegers ACRS (10)

Mr. Jack Redding Mr. John Beck Rev. 02/-19(86

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