ML20204C538
| ML20204C538 | |
| Person / Time | |
|---|---|
| Site: | Perry, River Bend  |
| Issue date: | 01/14/1999 |
| From: | Robert Fretz NRC (Affiliation Not Assigned) |
| To: | Lochbaum D UNION OF CONCERNED SCIENTISTS |
| References | |
| 2.206, NUDOCS 9903230140 | |
| Download: ML20204C538 (5) | |
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NUCLEAR REGULATORY COMMISSION WASHINGTON D.C. Snaam anni
\ %*** / January 14, 1999 i
Mr. David A. Lochbaum !
Union of Concemed Scientists 1616 P Street NW, Suite 310 l Washington, DC 20036-1495
SUBJECT:
PETITIONS SUBMITTED IN ACCORDANCE WITH 10 CFR 2.206 REGARDING THE OPERATION OF THE RIVEA BEND STATION AND PERRY NUCLEAR POWER PLANT
Dear Mr. Lochbaum:
The purpose of this letter is to notify you that a date, time and location have been determined for the informal public hearing offered in our October 29,1998, and December 16,1998, letters in response to Petitions submitted under 10 CFR 2.206 for the River Bend Station (RBS) and Perry Nuclear Power Plant (PNPP) respectively. The informal public hearing is scheduled as follows:
Date: February 22,1999 Time: 1:00 p.m. to 4:45 p.m.
Location: U. S. Nuclear Regulatory Commission Two White Flint North 11545 Rockville Pike Rockville, Maryland l
Room: T-2B3 (TWFN) l l
The schedule was based upon input from you, as well as the RBS and Perry licensees. A copy of the FederaI Register notice that will be published announcing the informal public hearing is provided as an enclosure to this letter.
In letters dated October 29,1998, and December 16,1998, the NRC requested a copy of the new information on reactor operation with failed fuel assemblies that you plan to present in advance of the informal public hearing. In your November 6,1998, and December 17,1998, letters in response, you provided a brief overview of this new information. You maintained that the NRC is in error for relying upon reactor coolant chemistry limits established in the Technical Specifications as a means to protect the public in the event of an accident, and that there is insufficient analysis showing that pre-existing fuel cladding failures will not further propagate l
and thus challenge 10 CFR Part 100 limits on public radiation exposures.
The NRC is very interested in any further details and new information on fuel cladding integrity that serves as the bases for your conclusions. Accordingly, the NRC is requesting that a copy of the information you plan on presenting at the informal public hearing, originally sought-for in 9903230140 990114 PDR ADOCK 05000440 i (h , fh $b ;
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Mr. David A. Lochbaum our October 29,1998, and December 16,1998, acknowledgment letters, be provided at the earliest possible time before the hearing. This will ensure that all participants in the informal public hearing process are better prepared to focus on the fuel cladding integrity issues you wish to raise.
By letter dated December 1,1998, the NRC requested the RBS licensee to provide a response to the issues raised in your September 25,1998, Petition within 30 days. The RBS licensee
. has advised the NRC that they are awaiting information from General Electric (GE) which will j delay submission until on or about January 29,1999. In addition, by letter dated December 22, 1998, the PNPP licensee was also requested to provide a response to the issues raised in the November 9,1998, Petition. The PNPP licensee has informed the NRC that their response will ;
be provided on or about January 31,1999. Since the NRC is expecting to review a myriad of information in advance of the informal public hearing, it is requested that the UCS provide any further information by February 11,1999. <
Sincerely, n
s obert J. Fretz, Project Manager Project Directorate IV-1 Division of Reactor Projects Ill/IV Office of Nuclear Reactor Regulation
Enclosures:
- 1. FederalRspisterNotice
- 2. December 1,1998 letter to RBS Licensee
- 3. December 22,1998 letter to PNPP Licensee Docket Nos. 50-440,50-458 cc w/ encl: See next page
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Mr. David A. Lochbaum our October 29,1998, and December 16,1998, acknowledgment letters, be provided at the earliest possible time before the hearing. This will ensure that all participants in the informal public hearing process are better prepared to focus on the fuel cladding integrity issues you wish to raise.
By letter dated December 1,1998, the NRC requested the RBS licensee to provide a response to the issues raised in your September 25,1998, Petition within 30 days. The RBS licensee has advised the NRC that they are awaiting information from General Electric (GE) which will delay submission until on or about January 29,1999, in addition, by letter dated December 22, 1998, the PNPP licensee was also requested to provide a response to the issues raised in the November 9,1998, Petition. The PNPP licensee has informed the NRC that their response will be provided on or about January 31,1999. Since the NRC is expecting to review a myriad of information in advance of the informal public hearing, it is requested that the UCS provide any further information by February 11,1999.
Sincerely, ORIGINAL SIGNED BY:
Robert J. Fretz, Project Manager Project Directorate IV-1 Division of Reactor Projects lil/lV Office of Nuclear Reactor Regulation
Enclosures:
- 1. FederalRegisterNotice
- 2. December 1,1998 letter to RBS Licensee
- 3. December 22,1998 letter to PNPP Licensee l Docket Nos. 50-440,50-458 cc w/ encl: See next page DISTRIBUTIONI:
! Docket Files) PUBLIC PD4-1 r/f PD3-3 r/f C.Hawes R. Fretz T. Gwynn, RIV G. Grant, Rlll ACRS OGC (15818) E. Adensam (EGA1) G. Hill (2)
J.Hannon S. Richards D. Pickett C. Hawes C. Moore Document Name: G:\RBFINAL\LT98059.WPb OFC PM/PDA-1 LA/PD4-1, PhP4-1 NAME RFretz Chaw kannon DATE / / 7/98 / /0 /98 / ) /98 COPY YES/NO YES/NO Fh/NO OFFICIAL RECORD COPY
Entergy Operations, Inc. River Bend Station cc:
Winston & Strawn Executive Vice President and 1400 L Street, N.W. Chief Operating Officer Washington, DC 20005-3502 Entergy Operations, Inc.
P. O. Box 31995 Manager - Licensing Jackson,M3 39286 Entergy Operations, Inc.
River Bend Station General Manager- Plant Operations P. O. Box 220 Entergy Operations, Inc.
St. Francisville, LA 70775 River Bend Station P. O. Box 220 Senior Resident inspector St. Francisville, LA 70775 P. O. Box 1050 St. Francisville, LA 70775 Director - Nuclear Safety Entergy Operations, Inc.
l President of West Feliciana River Bend Station l Police Jury P. O. Box 220 l P. O. Box 1921 St. Francisville, LA 70775 l St. Francisville, LA 70775 Vice President - Operations Support Regional Administrator, Region IV Entergy Operations, Inc.
U.S. Nuclear Regulatory Commission P. O. Box 31995 ,
611 Ryan Plaza Drive, Suite 1000 Jackson, MS 39286-1995 Arlington,TX 76011 Attorney General Ms. H. Anne Plettinger State of Louisiana 3456 Villa Rose Drive P. O. Box 94095 Baton Rouge, LA 70806 Baton Rouge, LA 70804-9095 Administrator Wise, Carter, Child & Caraway Louisiana Radiation Protection Division P. O. Box 651
- . P. O. Box 82135 Jackson, MS 39205 l Baton Rouge, LA 70884-2135 Mr. Randall K. Edington Vice President - Operations Entergy Operations, Inc.
River Bend Station P.O. Box 220 St. Francisville, LA 70775 i
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FirstEn:rgy Nuclsar Operating CompIny Perry Nucisar Pow:r Plant, Units 1 and 2 cc:
Mary E. O'Reilly James R. Williams FirstEnergy - A290 Chief of Staff 10 Center Road Ohio Emergency Management Agency l Perry, OH 44081 2855 West Dublin Granville Road Columbus, OH 43235-2206 Resident inspector's Office U.S. Nuclear Regulatory Commission Donna Owens, Director P.O. Box 331 Ohio Department of Commerce Perry, OH 44081-0331 Division of Industrial Compliance Bureau of Operations & Maintenance Regional Administrator, Region ill 6606 Tussing Road U.S. Nuclear Regulatory Commission P.O. Box 4009 801 Warrenville Road Reynoldsburg, OH 43068-9009 Lisle, IL 60532-4531 Mayor, Village of North Perry Sue Histt North Perry Village Hall OCRE Interim Representative 4778 Lockwood Road 8275 Munson North Perry Village, OH 44081 :
Mentor, OH 44060 l Radiological Health Program Henry L. Hegrat Ohio Department of Health-l Regulatory Affairs Manager P.O. Box 118 FirstEnergy Nuclear Operating Company Columbus, OH 43266-0118 !
Perry Nuclear Power Plant ;
P.O. Box 97, A210 Ohio Environmental Protection Perry, OH 44081 Agency DERR-Compliance Unit Lew W. Myers ATTN: Mr. Zack A. Clayton Vice President - Nuclear, Perry P.O. Box 1049 FirstEnergy Nuclear Operating Company Columbus, OH 43266-0149 P.O. Box 97, A200 Perry, OH 44081 Chairman Perry Township Board of Trustees Mayor, Village of Perry 3750 Center Road, Box 65 P.O. Box 100 Perry, OH 44081 Perry, OH 44081-0100 State of Ohio FirstEnergy Corporation Public Utilities Commission Michael Beiting East Broad Street Associate General Counsel Columbus, OH 43266-0573 1 76 S. Main Akron, OH 44308 William R. Kanda, Jr., Plant Manager 3 FirstEnergy Nuclear Operating Company l Perry Nuclear Power Plant i P.O. Box 97, SB306 Perry, OH 44081 i
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. 1 75P')-01-P U.S. NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-458 I
LICENSE NO. NPF-47 ENTERGY OPERATIONS. INC.
g DOCKET NO. 50-440 LICENSE NO. NPF-58
! FIRSTENERGY NUCLEAR OPERATING COMPANY
- NOTICE OF INFORMAL 10 CFR 2.206 PUBLIC HEARING The U. S. NucleLr Regulatory Commission (NRC) will hold an informal public hearing regarding two petitions submitted pursuant to 10 CFR 2.206 involving the River Bend Station
- (RBS), operated by Entergy Cperations, incorporated, (the RBS licensee), and Perry Nuclear Power Plant (PNPP), Unit 1, operated by FirstEnergy Nuclear Operating Company (the PNPP j licensce). The hearing will be neld on February 22,1999. The location for the hearing will be at f.ie NRC, room T-283. The NRC is located at 11545 Rockviile Pike, Rockville, Maryland.
The hearing will be open to public attendance and will be transcribed. l 1
The structure of the hearing shall be as follows:
Monday, February 22,1999:
1:00 p.m. - NRC opening remarks 1:15 p.m. - Petitioner's presentation 2:00 p.m. - NRC quet ions t 2:15 p.m. - RBS licensee's presentation 1 2:45 p.m. - NRC questions 3:00 p.m. - PNPP licensee's presentation 3:30 p.m. - NRC quastions 3:45 p.m. - Public commenb>
A30 p.m. - Ucensees/ Petitioner's final statements 4:45 p.m. - Meeting concludes Note: All times are Eastern Standard Time (EST)
Enclosure 1 Vf-9/2/OQ U 3pf:'~^ ~ ~~
2-By letter dated Septamber 25,1998, the Union of Concemed Scientists (UCS or Petitioner) submitted a Petition pursuant to 10 CFR 2.206 requesting that the River Bend Station be immediately shut dow.t ud its operating license suspended or modified until the facility's design and licensing basis were updated to permit operation with failed fuel assemblies, or until all failed fuel assemblies were removed from the reactor core. The Petitioner also requested that a public hearing be held to discuss this matter in the Washington, D.C. area.
By letter dated November 9,1998, the UCS also submitted a Petition pursuant to 10 CFR 2.206 requesting that the Perry Nuclear Pcwer Piarn be immediately shut down and its operating license suspended or modified until the facility's design and licensing basis were updated to permit operation with failed fuel assemblies, or until all failed fuel assemblies were removed from thn reactor core. The Petitioner also requested a public hearing in the Washington, D.C. area.
The purpose of this informal public hearing is to obtain additional information from the Petitioner, the licensees, and the public for NRC staff use in evaluating the Petitions.
Therefore, this informal public hearing will be limited to information relevant to issues raised in l
I the two Petitions. The staff will nd offer any prsliminary views on its evaluation of the Petitions.
The informal public hearing will be chaired by a senior NRC official who will limit presentations, I
to the above subject.
The format of the ir. formal public hearing will be as follows: opening remarks by the i 1
NRC regarding the general 10 CFR 2.206 process, the purpose of informal public hearing, and a brie .ammary of the Petitions (15 minutes); time for the Petitioner to explain the basis of the 4
Petitions (45 minutes); time for the NRC to ask the Petitioner questions for the purposes of clarification (15 rninutes); time for the licensees to address the issues raised in the petition (30 minutes for each fcensee); time for the NRC to ask the licensees questions for the purposes of
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clarification (15 minutes each, following licensees' presentations); time for public comments relative to the Petition (45 minutes); and time for the licensees' and Petitioner's final statements (15 minutes).
Members of the public who are interested in presenting information relative to the Petitions should notify the NRC official named below,5 working days prior to the hearing. A brief summa y of the information to be presented and the time requested should be provide order to make appropriate arrangements. Time allotted for presentations by members of the public will be determined based upon the number of requests received and will be a f
l the beginning of the hearing. The order for public presantations will be determined on a f received - first to speak basis. Written statements should be mailed to the U.S. Nuclear 4
Regulatory Commission, Mailstop O-13H03, Attentior: Robert Fretz, Washington, D Requests for the opportunid e.esent information can be made by contacting Robert Fretz, Project Manager, Division of Reactor Projects - lil/lV (telephone 301-415-13 ,
jl between 7:00 a.m. to 3:30 p.m. (EST), Monday - Friday. Persons planning to attend this l l informal public hearing are urged to contact the above NRC representative 1 or 2 wor prior to the informal public hearing to be advised of any changes that may have oc in order to assist participation in the informal hearing by interested members of the public, the NRC may also provide video teleconferencing services at a public loc vicinity of the River Bend and Peny facilities. A subsequent notice in the Federa be published at least 10 days prior to the date of the informal public bcaring to a location of the video conferencing site,if made available.
Dated at Rockville, Maryland, this 14th day of January 1999.
FOR THE NUCLEAR REGULATORY COMMISSION fh h Elinor G. Adensam, Acting Director Division of Reactor Projects - til/IV Office of Nuclear Per.ctor Regulation
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g UNITED STATES i g NUCLEAR REGULATORY COMMISSION WAsMINeTON, D.c. 30006 4001
- - December 1,1998 Mr. Randall K. Edington Vice President- Operations Entergy Operations, Inc.
River Bend Station P. O. Box 220 .
St. Francisville, LA 70775
SUBJECT:
RIVER BEND STATION, UNIT 1. UNION OF CONCERNED SCIENTISTS PETITION SUBMITTED IN ACCORDANCE WITH 10 CFR 2.206 DATED SEPTEMBER 25,1998 (TAC NO. idA3669)
Dear Mr. Edington:
On September 25,1998, David A. Lochbaum (Petitioner), acting on behalf of the Unien of Concemed Scientists (UCS), requested that the U.S. Nuclear Regulatory Commission (NRC) take a:: tion with regard to the River Bend Station (RBS), operated by Entergy Operations,
- Incorporated. The Petitioner requested that enforcement action be taken to require an immediate shutdown of the RBS, and that the facility remain shut down until all failed fuel assemblies are removed from the reactor core. As an attemate action, UCS also stated that following the requested shutdown, RBS could be restarted after its design and licensing bases were updated to permit operation with failed fuel assemblies. Additionally, the Petitioner requested a public hearing to present new plant-specific information regarding the operation of RBS, as well as to discuss a UCS report dated April 2,1998, entitled " Potential Nuclear Safety Hazard / Reactor Operation With Failed Fuel Cladding."
By letter dated October 29,1998, the NRC denied Petitioner's request for enforcement action to require Entergy Operations, Inc. (EOl), to immediately shut down RBS; however, the NRC extended an offer to the Petitioner for an informal public hearing at a date to be determined.
On November 6,1998, the Petitioner accepted our offer for an informal public hearing and further requested that the hearing be held in the Washington, D.C. area. Since the UCS has stated that their concems are focused on " potential safety issuet, having generic applications" and the possibility for specific discussions on plants other than RBS, the NRC is currently ,
planning on holding the informal public hearing at its Headquarters facility located in Rockville, '
Since operation of RBS is the primary subject of the Petition, EOI is a major stakeholder in the informal public hearing process. Therefore, it is requested that EOl formally agree to participate in the hearing. During the hearing following ths Petitioner's presentation, EOl will be provided an opportunity (approximately 30 to 45 minutes) to provide information related to the issues raised in the Petition. For planning purposes, the UCS has provided the date(s) shown )
below when their representatives will be available for the hearing: l January 1999: 5,6,7,8,11,12,13,14,15,19,21 and 22 February 1999: 8,9,10,11,12,22,23,24,25 and 26 ,
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'l Randall K. Edington l It is requested that EOI contact Mr. Robert Fretz, the Petition Manager, at (301) 415-1324 to j confirm whether EOl intends to participate in the informal public hearing and to advise which of l the dates listed above are availab!e for EOl representat;ves to participate in the hearing, in addition, in order to facilitate discussions during the informal public hearing, the NRC is requesting that EOl provide a written response to the issues raised in the September 25,1998, UCS Petition within 30 days from the date of this letter. The response should include a l discussion on the design basis issues raised in the Petition as well as their potential safety l implications.
Sincerely,
' Robert J. Fretz, Project Manager Project Directorate IW1 Division of Reactor Projects lil/IV Office of Nuclear Reactor Regulation Docket No. 50-458 cc: See next page 1
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- I Mr. R ndall K. Edington Entergy Operations, Inc. River Bend Station l
cc:
Winston & Strawn Executive Vice President and 1400 L Street, N.W. Chief Operating Officer Washington, DC 20005-3502 Entergy Operations,Inc.
P. O. Box 31995 Manager- Licensing Jackson,MS 39286 Entergy Operations, Inc.
River Bend Station General Manager- Plant Operations P. O. Box 220 Entergy Operations,Inc.
St. Francisville, LA 70775 River Bend Station P. O. Box 220 Senior Resident inspector St. Francisville, LA 70775 P. O. Box 1050 St. Francisville, LA 70775 Director- Nuclesr Safety Entergy Operations, Inc.
President of West Feliciana River Bend Station Police Jury P. O. Box 220 P. O. Box 1921 St. Francisville, LA 70775 St. Francisville, LA 70775 Vice President- Operations Support Regional Adminir,trator, Region IV Entergy Operations, Inc. i U.S. Nuclear Regulatory Commission l O. Box 31995 l
611 Ryan Plaza Drive, Suite 1000 Jackson, MS 39286-1995 .
Arlington,TX 76011 i
Attorney General !
Ms. H. Anne Plettinger State of Louisiana 3456 Villa Rose Drive P. O. Box 94095 '
Baton Rouge, LA 70806 Baton Rouge, LA 70804-9095 Administrator Wise, Carter, Child & Caraway Louisiana Radiation Protection Division P. O. Box 651 P. O. Box 82135 Jackson, MS 39205 Baton Rouge, LA 70884-2135 *
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- December 22, 1998 i
l Mr. Lew W. Myers I
Vice President- Nuclear, Perry Centerior Service Company P.O. Box 97, A200 Peny,OH 44081
SUBJECT:
UNION OF CONCERNED SCIENTISTS PETITION SUBMITTED IN i ACCORDANCE WITH 10 CFR 2.206 DATED NOVEMBER 9,1998 - PERRY !'
NUCLEAR POWER PLANT, UNIT NO.1 (TAC NO. MA4192)
Dear Mr. Myers:
On November 9,1998, pursuant to 10 CFR 2.206, David A. Lochbaum (Petitioner), acting on '
behalf of the Union of Conce'ned Scientists (UCS), requested that the U.S. Nuclear Regulatory Commission (NRC) take action with regard to the Perry Nuclear Power Plant, Unit No.1 (PNPP). The Petitioner requested that enforcement action be taken to require an immediate shutdown of PNPP, and that the facility remain shut down until all failed fuel assemblies are removed from the reactor core. As an attemate action, UCS also stated that following the requested shutdown, PNPP could be restarted after its design and licensing bases were updated to permit operation with failed fuel assemblies. Additionally, the Petitioner requested a public hearing to present new plant-specific information regarding the operation of PNPP, as well as to discuss a UCS report dated April 2,1998, entitled " Potential Nuclear Safety Hazard /
Reactor Operation With Failed Fuel Cladding."
By letter dated September 25,1998, the Petitioner rtubmitted a similar petition, pursuant to 10 CFR 2.206, concoming the fuel pin leaks at the River Bend Station (RBS), operated by Entergy Operations, incorporated (EOl). By letter dated October 29,1998, the NRC denied 4 Petitioner's request for enforcement action to require EOl to immediately shut down RBS; however, the NRC extended an offer to the Petitioner for an informal public hearing at a date to be determined. On November 6,1998, the Petitioner accepted our offer for an informal public hearing and further requested that the hearing be held in the Washington, D.C. area.
By letter dated December 16,1998, the NRC denied Petitioner's request for enfon cement action to require an immediate shutdown of PNPP. Given that the UCS has stated that their concems are focused on
- potential safety issues having generic applications," the NRC is currently planning on holding an informal public hearing to address concems at both RBS and PNPP at its Headquarters facility located in Rockville, Maryland.
As a major stakehoider in the informal public hearing process, h is requested that you agree to i
participate in the hearing. During the hearing, both you and EOl will be provided an opportunity Enclosure 3 4
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, L My:rs (approximately 30 minutes) to present information from the licensee's perspective following the Petitioner's presentation. For planning purposes, the UCS has provided the date(s) shown below when their representatives wil be available for the hearing:
February 1999: 8,9,10,11,12,22,23,24,25 and 26 P
in order to facilitate discussions during the informal public hearing, the NRC is requesting that you provide a written response to the issues raised in the November 9,1998, UCS Petition within 30 days following receipt of this letter. The response should include a discussion on the design basis issues raised in the Petition as well as their potential safety implie,ations.
Please contact me at (301) 415-1364 to provide a list of common dates when your representatives are available to participate in the hnformal public hearing.
Sincerely, I Q v N14-Douglas V. Pickett, Senior Project Manager Project Directorate lll 2 Division of Reactor Projects lil/IV Office of Nuclear Reactor Regulation Docket No. 50-440 cc: See next page l
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. L. Myers P2rry Nuclerr Power Plant, Units 1 cnd 2 Centerior Service Company cc:
James R. Williams l Mary E. O'Reilly Chief of Staff
, FirstEnergy- A290 Ohio Emergency Management Agency i 10 Center Road 2855 West Dublin Granville Road Perry,OH 44081 Columbus, OH 43235 7150 Resident inspector's Office Mayor, Village of Perry U.S. Nuclear Regulatory Commission P.O. Box 100 P.O. Box 331 Perry, OH 44081 0100 Perry, OH 44081 0331 Radiological Health Program Regional Administrator, Region lli Ohio Department of Health U.S. Nuclear Regulatory Commission P.O. Box 118 1 801 Warrenville Road Columbus, OH 43256-0118 I Lisle, IL 60532 4531 Ohio Environmental Protection Sue Histt Agency .
OCRE Interim Representative DERR-Compliance Unit 8275 Munson ATTN: Mr. Zack A. Clayton Mentor,OH 44060 P.O. Box 1049 Columbus, OH 43266-0149 Henry L. Hegrat Regulatory Affairs Manager Chairman Cleveland Electric illuminating Co. Perry Township Board of Trustees Perry Nuclear Power Plant 3750 Center Road, Box 65 P.O. Box 97, A210 Perry, OH 44081 Perry, OH 44081 State of Ohio FirstEnergy Corporation Public Utilities Commission Michael Beiting East Broad Street Associate General Counsel Columbus, OH 43266-0573 76 S. Main Akron, OH 44308 William R. Kar da, Jr., Plant Manager Cleveland Electric illuminating Co.
Mayor, Village of North Perry Perry Nuclear Power Plant North Perry Village Hall P.O. Box 97, SB306 4778 Lockwood Road Perry, OH 44081 ;
North Perry Village, OH 44081 j Donna Owens, Director Ohio Department of Commerce -
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Division ofIndustrial Compliance Bureau of Operations & Maintenance i 6606 Tussing Road l' P. O. Box 4009 Reynoldsburg, OH 43068-9009 l
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