ML20212E693

Advises That Mailing List Re State of Oh Nuclear Plants Should Be Changed as Stated

ML20212E693
Person / Time
Site:	Perry
Issue date:	02/17/1987
From:	Quillin R OHIO, STATE OF
To:	Leech P Office of Nuclear Reactor Regulation
References
CON-#187-2775 OL, NUDOCS 8703040416
Download: ML20212E693 (1)

Text

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RICHARD F. CELESTE Post Office Box 118 '

- Governor

' Columbus, Ohio 432664118 , , ,

- Teiephone (614) 466-3543 OF

<ik February 17, 1987' Mr. Paul H.' Leech .

Project Manager BWR Project Directorate No. 4 Division oE BWR Licensing U.S. Nuclear Regulatory Commission Washingtona DC 20555

Dear Mr. Leech:

Please note the folicwing changes in your mailing list relative to Ohio nuclear power plants (see enclosed) .

The address of the Ohio Department of Health is now:

Radiological Health Program Ohio Department of Health 1224 Kinnear Road Columbus, OH 43212 f incerelya '

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- Robert M. Ouillin CHP a

-Radiological Health Program Director RMO/ka Enclosure 0

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/ ~ jt; UNITED STATES r e o NUCLEAR REGULATORY COMMISSION; -

t j WASHINGTON, D. C.,20555 _

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February 5, 1987 Docket No. 50-440 gg 7

Mr. Murray R. Edelman, Vice President Nuclear Operations Group ,

The Cleveland Electric Illuminating .

Company P. O. Box 5000 Cleveland, Ohio 44101

Dear Mr. Edelman:

SU3 JECT: FEDERAL REGISTER NOTICE RE: Perry Nuclear Power Plant, Unit No. 1 Enclosed is an Individual Notice of Consideration cf Issuance of Amendment to y Facility Operating License and Proposed No Significant Naurds Consideration Determination and Opportunity for Heariqq. This amendment. w&s requested by your letter dated January 23, 1987. This'. Notice was forwarded to the Office. _

of the Federal Register for publication. ,

Sincerely, k . &

\ a l Paul H. Leech, Project Manager  ;

i- BWR Project Directorate No. 4 Division of BWR Licensing l

Enclosure:

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As stated cc w/ enclosure:

See next page 4

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• Mr.- Murray R. ' Edelman

+" 'The Cleveland Electric-Perry Nuclear Power Plant-

' Units 1 and 2'

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• Shaw,Pittman,Potts"8/Trowbridge- Mr. James W. Harris, Director

.2300.N-Street, N.W. - Division of Power-Generation j

, Washington, D. C. ;20037 s -

. Ohio' Department of: Industrial I

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i Relations  ;

Post Office Box 325-

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. Donald-H. Hauser,-Esq. Columbus, Ohio 43216. '

'~. The Cleveland Electric

? Illumiaating Company

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Pi 0.' Box 5000 .

! The Honorable Lawrence Looan.

Cleveland, Ohio 44101 -

Mayor, Village of Perry c'  ? 4203 Harper Street'

,L ResidentInspector'sOfficel.; Perry, Ohio 44081 L U/ S. Nuclear Regulatory Copnission . .

Parmiy at Center Road ,

The Honorable Robert V. Orosz 4

^ Perry, Ohic. 44081 5 Mayor, Village of North Perry North Perry Village Hall

, Regional Adtninistrator, Region III 4778 Lockwood Road

' 9- 'U. S. Nuclear Regulatory Commission North Perry Village, Ohio 44081

,799' Roosevelt Road Glen Ellyn, Illinois. 60137 Attorney General Department of Attorney General b Frank P. Weiss, Esq. 30 East Broad Street b Assistant Prosecuting Attorney '

Columbus, Ohio 43216

'105 Main Street

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Lake. County Administration Center Ohio Department of Health Cnio 44077 Attn

Radiological Health '

Painesville, / .,

Program Director Ms. Sui hiatt . P. O. Box 118

,' OCRE Interim Representative Columbus,' Ohio 43216

, 8275 Mun' son

~ Mentor, Ohio 44060 Ohio Environmental Protection Agency e

Division of Planning Terry J. Lodge, Esq. Environmental Assessment Section i 618 N. Michigan Stre;et P. 0.. Box 1049 Suite 105 , .

Columbus, Ohio 43216

. Toledo, Ohio 43624 '

Mr. James R. Secor, Chairman John G. Cardinal, Esq. , Perry Township Board of Trustees Prosecuting Attorney. Box 65 4171 Main Street Ashtabula County Courthouse' s Perry, Ohio 44081 Jefferson, Ohio 144047 1 s State of Ohio Eileen M. Buzzelli , Public Utilities Comission

.The Cleveland Electric \ 180 East Broad Street Illuminating Company- Columbus, Ohio 43266-0573 P. O. Box 97 E-210 Ferry, Ohio 44081 1

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. 7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION CLEVELAND ELECTRIC ILLUMINATING COMPANY, ET. AL.

, DOCKET NO. 50-440

., NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO 4 FACILITY OPERATING LICENSE AND PROPDfED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING j The U.S. Nuclear Regulatory Connission (the Connission) is considering

/ issuance of an amendment to Facility Operating License No. NPF-58 issued to Cleveland Electric Illuminating Company (CEI), Duquesne Light Company, Ohio Edison: Company, Pennsylvania Power Company,'and Toledo Edison Company for operation of the Perry Nuclear Power Plant, Unit No.1, located in Lake County, Ohio.

The proposed amendment would allow sale and leaseback transactions by Ohio Edison Company (OE) relating to its 30.0% ownership interest in Perry Unit 1 and common facilities, in accordance with the licensee's application ,

for amendment dated January 23, 1987. Specifically, the application requests authorization for OE's transfer of a portion of its interests in Perry Unit 1 to equity investors and for the simultaneous transfer by the equity investors back to OE of a long tenn (approximately 291/2 years) possessory leasehold interest of these shares under the tenns described in the application and other identified documents.

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It is contemplated that the equity investors will be third parties not affiliated with OE. These equity investors might include electric utilities, or affiliates or subsidiaries thereof, in which case antitrust considerations may be present. Under the proposed transaction, it is represented that OE will remain in possession of its partial interests in the Perry facilities under leaseholds rather than by virtue of ownership._ CEI would continue to be the sole licensed operator of the facility. OE will have the full and s

exclusive authority and responsibility to exercise and perform all of its rights and duties as a party to the Perry Unit 1 operating agreement. OE will also retain its responsibility to comply with the antitrust license conditions contained in the Perry license and for the payment of its. share of the operating and maintenance expenses and costs of capital improvements during the term of the leaseholds and thereafter, in the absence of other Commission action, for its share of the cost of decomissioning Perry Unit 1.

The proposed amendment is similar te a request filed on October 18, 1985, l by Arizona Public Service Company (APS) regarding the sale and leaseback transactions by Public Service Company of New Mexico (PNM);of a portion of PNM's ownership interests in Palo Verde Nuclear Generating Station (PVNGS)

Unit 1. See 50 FR 45955. By Order of December 12, 1985, the Commission approved the proposed sale and leaseback transactions and authorized the amendment of the PVNGS Unit I license subject to certain conditions. On December 26, 1985, the PVNGS Unit I license was amended and conditioned pursuant to the Comission's Order. See 51 FR 1883.

The Commission has received and approved requests for additional similar transactions related to sale and leaseback of Palo Verde Units 1 and 2 owner-ship shares by PNM (see 51 FR 8259, 51 FR 8587, 51 FR 9125 and 51 FR 40275)

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- 3-and requests for similar transactions related to sale and leaseback of Palo Verde Unit 2 ownership shares by El Paso Electric Company (see 51 FR 20366 and 51 FR 40275) and by Arizona Public Service Company (see 51 FR 20367and51FR40275). On June 2, August 12 and 15, and December 11, 1986, the PVNGS Units 1 and 2 licenses were amended to allow the requested sale and leaseback transactions.

This application proposes that the Perry Unit I license be amended and conditioned in the same manner, by adding the following new paragraph 2.B(7):

(a) Ohi'o Edison company is authorized to transfer any portion of its 30.0% ownership share in PNPP Unit 1 and a proportionate share of

'its interest in the PNPP cbmmon facilities to certain equity investors identified in its submission of ,and at the same time to lease back from such purchasers such interest sold in the PNPP Unit I facility. The term of the lease is for approximately 29-1/2 years subject to a right of renewal. Such sale and leaseback transactions are subject to the representations and conditions set forth in the aforementioned application of 1/23/87, as well as the letter of the Director of the Office of Nuclear Reactor Regulation dated , consenting to such transactions. Specifically, a lessor and anyone else who may acquire an interest under these transactions are prohibited from exercising directly or indirectly any control over the licensees of PNPP, Unit 1. For purposes of this condition the limitations in 10 CFR 50.81, as now in effect and as may be sub-sequently amended, are fully applicable to the lessor and any

successor in interest to that lessor as long as the license for PNPP Unit I remains in effect; these financial transactions shall h' ave no effect on the license for the Perry Nuclear facility throughout the term of the license.

(b) Further, the licensees are also required to notify the NRC in writing prior to any change in: (1) the tems or conditions of any lease agreements executed as part of these transactions, (ii) the PNPPOperatingAgreement,(iii)theexistingpropertyinsurance coverage for PNPP, Unit 1, and (iv) any action by a lessor or others that may have an adverse effect on the safe operation of the facility.

Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations. .

The Commission has made a proposed determination that the amendment -

request involves no significant hazards consideration. Under the Comission's ,

regulations in 10 CFR 50.92, this means that operation of the facility in f

accordance with the proposed amendment would not (1) involve a significant i

increase in the probability or consequences of an accident previously l

l evaluated; or (2) create the possibility of a new or different kind of

. accident from any accident previously evaluated; or (3) involve a significant

! reduction in a margin of safety.

The above determination is based upon the fact that the proposed amendment would not change or affect any aspect of the plant design, criteria or operation.

The amendment would maintain OE in possession of its present interests in the Perry Nuclear Power Plant and OE would continue to be obligated to pay its i

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share of all costs of construction, maintenance, operation, capital improvements land decommissioning. The equity investors would not have any rights of posses-sion in,' absent further license amendment, or control over Perry. The Cleveland Electric. Illuminating Company would continue to be the sole licensee authorized to use and operate the facility.

• Based on the above considerations, the staff concluded that the proposed-amendmentmeetsthecriteriain10CFR50.92(c). The Commission, therefore, proposes to determine that the requested amendment does not involve significant hazards considerations.

The Commission is seeking public comments-on this proposed determination.

Any comments received within 30 days after the date of publication of this ,

notice will be considered in making any final determination. The Commission will not normally make a final determination unless it receives a request for

a hearing.

Written conments may be submitted by mail to the Rules and Procedures Branch, Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and should cite the publication

( date and page number of this FEDERAL REGISTER notice. Written comments may also be delivered to Room 4000, Maryland National Bank Building, 7735 Old l

j Georgetown Road, Bethesda, Maryland from 8:15 a.m. to 5:00 p.m. Copies of written comments received may be examined at the NRC Public Document Room, 1717 H Street, NW, Washington, D.C. The filing of requests for hearing and petitions for leave to intervene is discussed below.

By March 13, 1987 , the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and v , , . . , . . , . _. - . , _ _ , . . . - , _ , _ _ _ . , . . . , , . - - - . . - --

C 'who wishes to participate as a party in the proceeding must file a written petition for leave to intervene. Request for a hearing and' petitions for leave to intervene shall be filed in accordance with the Commission's " Rules of Practice for Domestic Licensing Proceedings" .in 10 CFR Part 2. If a request for a' hearing or petition for leave to intervene is filed by the above-date, the Commission or an Atomic Safety and Licensing Board, designated by i the Connission or by the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition and the Secretary or the designated Atomic Safety and Licensing Board will issue a notice of hearing or i an appropriate order.

As required by 10 CFR 62.714, a petition for leave to intervene. shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors: (1) the nature of the petitioner's right under the Act to be made a party to the proceeding;

(2) the nature and extent of the, petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of any order which may i

be entered in the proceedinu on the petitioner's interest. The petition should also identify the specific aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene. Any person who has filed a petition for leave to intervene or who has been admitted as a party may amend th'e petition without requesting leave of the Board up to fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition rust satisfy the specificity requirements described above.

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, Not later' than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which must include a list of the contentions which are sought to be litigated in the matter, and the bases for each contention set forth with reasonable specificity. Contentions shall be limited to matters within the scope of the amendment under consideration. A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention will not be pemitted to participate as a party.

Those pemitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the l opportunity to participate fully in the conduct of the hearing, including the 1

opportunity to present evidence and cross-examine witnesses.

If a hearing is requested, the Comission will make a final determination on the issue of no significant hazards consideration. The final detemination will serve to decide when the hearing is held.

If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.

If the final determination is that the amendment involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.

Normally, the Commission will not issue the amendment until the expiration of the 30-day notice period. However, should circumstances change during the notice period such that failure to act in a timely way would result l

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.. in derating or. shutdown of the facility, the Comission may issue the license amendment before the expiration of the 30-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration. The final determination will consider all public and State :

comments received. Should the Commission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance, a The Commission expects that the need to take this action will occur very infrequently.

A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Comission, U.S. Nuclear Regulatory Commission. Washington, D.C. 20555, Att: Docketing and Service Branch, or

- may be delivered to the Commission's Public Document Room, 1717 H Street, NW l Washington, D.C., by the above date. Where petitions are filed during the last ten (10) days of the notice period, it is requested that the petitioner promptly so inform the Commission by a toll-free telephone call to Western Unionat(800)325-6000(inMissouri(800)342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Walter R. Butler, Director, BWR Project Directorate No. 4, Division of'WR B Licensing: petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of this FEDERAL REGISTER notice. A copy of the petition should also be sent to the Executive Legal Director, U. S. Nuclear Regulatory Comission, Washington, D.C. 20555, and to David R. Lewis, Esq., Shaw, Pittman, Potts &

Trowbridge, 2300 N Street, N.W., Washington, D.C. 20037, attorney for the licensee.

Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Commission, the presiding officer or the presiding Atomic Safety and Licensing Board, that the petition and/or request should be granted based upon a balancing of factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).

For further details with respect to this action, see the application for amendment dated January 23, 1987, which is available for pubife inspection at the Commission's Public Document Room, 1717 H Street, NW, Washington, D.C.

20555, and at'the Perry Public Library, 3753 Main Street, Perry, Ohio 44081.

Dated at Bethesda, Maryland, this 5th day of February 1987.

FOR THE NUCLEAR REGULATORY COMMISSION L jf Ral h Caruso, Acting Director BWR Project Directorate No. 4 Division of BWR Licensing f

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