ML20211A248
| ML20211A248 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 05/27/1986 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20211A183 | List: |
| References | |
| 2.206, NUDOCS 8606110094 | |
| Download: ML20211A248 (1) | |
Text
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o 7590-01 NUCLEAR REGULATORY COMMISSION Docket No. 50-352 PHILADELPHIA ELECTRIC COMPANY Limerick Generating Station, Unit 1 RECEIP1 0F PEQUEST FOR ACTION UNDER 10 CFR 2.206 Notice is hereby given that the Director of Nuclear Reactor Regulation is con-sidering as a request for action under 10 CFR 2.206 a letter dated March 5, 1986, from Robert L. Anthony. Mr. Anthony contends, on the basis of the licensee's applications to the Delaware River Basin Commission (DRBC) concerning the with-drawal of cooling water from the Schuylkill River, that the plant has been operated in violation of the plant's Environmental Protection Plan. Mr. Anthony further contends that on this basis the operating license for Unit 1 should be suspended. A decision will be made on Mr. Anthony's request within a reasonable time. A copy of the letter is available for public inspection in the Commission's Public Document Room at 1717 H Street, N.W., Washington, DC 20555, and in the local public document room at the Pottstown Public Library, 500 High Street, i
Pottstown, Pennsylvania 19464.
Dated at Bethesda, Maryland this 27th day of May.
l FOR THE NUCLEAR REGULATORY COMMISSION l
Originalalgned by I
Darrell G. Eisenhut, Acting Director Office of Nuclear Reactor Regulation
- Previously concurred:
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U.S& NUCLEAR REGULATORY COMMISSION g
RE: PHILA.ELEC.CO.
Licorick Gen. Sta.
itp g 2 g.e { :KET NO. 50-352,353 PETITION TO THE COMMISSION FROM ANTHONYj Pd @@
SPERSIOE Of LICENSE DII3 NDER 10 CPR Soc.50.100.
NPF-39 ISSUED TO PECO,FOR VIOLATIONS OF t
M*F* 5,1986 MI I7oW On 1/17/86 Anthony /F W appealed to the Di.. ^.. anE to require FEco to com-ply with the reequirements of License NPF-39,Kpp..Bewhich were violated in PEco's application 12/16/85 to the Delaware River Basia Commission for changes sa the withdrasal of water for Limerick oooling from the Schuyl-comprehensive plan for kill River.( See T.B. Conner letter to S.J.Chilk,1/24/86 enclosing the application, horeafter(Appl.12/B6).
We received an answer, dated 2/26/86,from H.R.Deston stating that there was no need for the NRC to act on our petition ami that he did not in-toed to issue "a formal Director's Daoision".
We now petition the Commission to i
cuopend License NFF-39 under the provisions of 10CFR $0.100,especially the final 81""**' A license... may be revoked, suspended,or modified......for violation of,or failure to observe,any of the terms and provisions of the met, regulations, license, permit,or ordeT of the Commission. (Esphasis added )
- 1. Mr. Denton states (2/26/86)"that the requirements of EPP (App.B.) are trig-gered at the time PEco would take any proposed actions",and " PBco has set taken.
ccy 4 the actions it has proposed to DRBC".
He is miataken; PEco has taken these cotions as set forth in the application, Appl.12/86,page 9:
From August 9,1985 to November 30,1985, there were 31 daysac river availa-bility pained due to the substitution of D.O. mesitoring for the tempera-ture criteria.
During much of the early testing period when flow and B.O. levels were low the transfer.of allocations from Titus and crosby allowed the plaat to operate unrestricted.
The statements above from PEco provide the evidemoe of actions in violation of App. B by PRCo during 1985, changing the withdrawal criteria from temperature to Disolved Oxygen, flow limit,and reassignment of water alloostions from,other plaats.
These changes have extensive environmental impact and are forbidden in App. E, copecially Para.3 1,which concerns operations " significantly affect (ing) the cavironment" and involving "an unreviewed environmental question".
Pars. 5 3 g
rcquires an assessment of impact of changes and states that " changes in the EPP shall not commence prior to NRC approval... in the form of a' license amendment."
PECo violated the terms of the license by the changes in water withdraws 1s ~
from the Schuylkill in 1985 and has filed its intention to continue these violations se License NPF-39 must be suspendede until App. B requiremente are fall-g is 1986.
filled and hearings have been completed on the environmental affects of changes, l
and the required license amendment issued as an outcome of the hearings. Sec.50.100 l
1 calls for suspension on the basis of past violations as well as continuing ones.
ao l
2.
PEco's application (12/86) and continued operation of D.O. monitors currently violate the requirements of App. B,especially Para. 31 and 5 3 as set forth in DSD3
2 our poti'ticcoj 4/29/85 to ALAB; 10/1/85 to the'Cessiccicas cad 1/17/86 to Dir.
NRR. The present application violates the conditions set forth in App.B 3 1 :
Before engaging in additional construction or operational activities which may significantly affect the environment,the licensee shall prepare sun record an environmental evaluation of such activity.....
When the evaluation indicates that such activity involves an unreviewed envi-rommental question, the licensee shall provide a written evaluation of such activity and obtain prior NRC approval.
Then such activity involves a change in the EPP,such sativity and change to the EPP may be implemented only in accordance with as appropriate license amendment as set forth in Section 5 3 of this EPP.
(Emphasis added )
NRC approval PECo violated the above by omitting an environmental evaluation and prior A before engaging in construction and operation.
Evidence of current, ongoing con-struction and operation comes from 1;he published notes from DRBC of its Meeting 1/22/86.(SeeAttachment1.page3fromtheDRBC1/22/86actes)8 withdrawals Mr.Boyer revised his application by requesting that DRBC approve when average oxygen values in five of the six pools satisfy the 4 2 ag/l mini-num instantaneous value and 5 1 ag/l minimum daily average value. He reported that all monitoring stations are in place and operating (added)
This statement proves that PEco has constructed and is operating the D.O. monitors in violation of para. 31,without an environmental evaluation or NRC approval of the change from temperature restriction,and PEco has ikplemented such a change by constructing and installing and operating the D.O. agtg This construction and operation is in violation of para. 5 3 which also that the filing of PBco's a
I$ b 0o 1114 mot submits application (12/86) " triggers"the environmental impact Requests for changes in the EPP shall include sa assessness o.f the environ-T651ETTapact of the proposed change and a supportsne justification.(added)
This proves that the" trigger" is not limited to " the time PEco would take any proposed actions",as Mr.Denton asserts (2/26/86),but comes sita the reauest for proposed ohnsee.
- 3. PBCo's reauest (Appli.12/86) indic tes the intention of continuing the a
violations of the license granted by DRBC is response to 1985 applications ( See 12/86titlepage.):
.. substitution of in-stream monitoring of dissolved oxygen levels in place of the 59'F temperature constraint,s4=nar to the substitution uranted...(May 29,1985)g and by transfer of the existing consumptive use (Titus and cromby stationsJ....of the Sahuylkill River water for Limeriok,said transfer orizia-alir manted... ( Assust 9,1985).
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4 81aee PBCo's construction and operaties of D.O. monitors as well as its renewed regnest for similar changes in the BRBC oonpact to those of 1985 constitut' f f
direct viohtions of Liessee NPF-39,the license must be suspended under 10 CFR 50. >
l I certify earvice by mail on : NRC Sec., Gen. Counsel, Respectfully submitted, I
Dir. N5R,Dookoting,
- PEco, F. Romano, LEA ggf, Apg
.Y(/44 k g i, W Box 186 Moylan,Pa.19p65 7
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Mr. Yaeck noted program this year to improve system reliability in the area.
j that a countywide water plan is being developed with the purveyors an h
planning commission.
of their land use decisions on
(
subdivisions to acquaint them with the impact I
water resources.
In order to allow use of the well on an emergency basis while addressing the Fish and Wildlife Service, Mr. Kanuck moved to concerns raised by the U. S.
h authorize the Executive Director to prepare an emergency permit to allow t e operation of the well on a limited basis between now and the next Commission.
ide meeting with the understanding that Philadelphia Suburban will prov information concerning interconnections or alternate sources of Seconded by Mr. Weston, the motion was approved unanimously by additional Mr. Hansler expressed concern regarding emergency approval water supply.
new growth in addition to existing needs when the impact roll call vote.
Approval conditions for future hook-ups and for a well to meet on perennial streams is unknown.
use will be carefully evaluated.
Mantua Township Municipal Utilities Authority (NJ), consolidation of a grouna (D-85-16 CP);
water allocation and ground water withdrawal project, Ski Area)(PA), sewage treatment Blue Ridge Real Estate Company (Jack Frost (D-85-81); and plant modification and expansion, ground water withdrawal project, East Water Company (PA), a With no testimony offered, Docket Nos. D-85-16 CP, D-85-81 and i
Pocono Farms (D-85-86 CP).
D-85-86 CP were moved, seconded and approved.
revisions to a surf ace water withdrawal Philadelphia Electric Company (PA),
project during 1986 involving substitution of DO for temperature constraints existing operating gener-and a transfer of consumptive use allocations at l
ating stations to new use at. Limerick Generating Station, (D-69-210 CP Fina Everett explained that 59 F limitation to determine the availability of Revision No. 5).
Mr.
substitution for the Schuylkill River water dif f ers f rom an earlier similar approval in its t
of 7.0 mg/l minimum for elimination of the DRBC-imposed requirement request DO from March 1 to June 15.
Ms. Weisman listed the following hearing record correspondents to date:
Pennsylvania Fish Conunission, Green Valleys Association, Trout Unlimited, l
Friends of the Earth, and Mary Ellen Noble.
j i
Mr. Vincent S.
Boyer, Senior Vice President, Nuclear Power, Philadelphia Electric Company, incorporated his testimony into the record, stating that the request is necessitated by the unavailability of the Point Pleasant Providing plant Diversion Project in 1986 for supplemental cooling water.
d his operation and river oxygen, temperature and flow data six pools satisfy the 4.2 mg/l minimum instantaneous He reported that all in five of the values value and 5.1 mg/l minimum laily average value.
monitoring stations are in place and operating.
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