ML20214K366
| ML20214K366 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 11/13/1986 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20214K368 | List: |
| References | |
| NUDOCS 8612020277 | |
| Download: ML20214K366 (15) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION
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wasMNGTON, D. C. 20655
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CLEVELAND ELECTRIC ILLUMINATING COMPANY DUQUESNE LIGHT COMPANY OHIO EDIS0N COMPANY PENNSYLVANIA POWER COMPANY TOLEDO EDIS0N COMPANY DOCKET NO. 50-440 PERRY NUCLEAR POWER PLANT, UNIT NO. I FACILITY OPERATING LICENSE License No. NPF-58 1.
The Nuclear Regulatory Comission (the Commission) has found that; A.
The application for license filed by the Cleveland Electric Illuminating Company * (CEICO) acting on behalf of itself and as agent for the Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company and the Toledo Edison Company (licensees) complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B.
Construction of the Perry Nuclear Power Plant, Unit No.1 (the facility) has been substantially completed in conformity with Construction Permit No. CPPR-148 and the application, as amended, the provisions of the Act, and the regulations of the Commission; C.
The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Com-mission, (except as exempted from compliance in Section 2.D below);
D.
There is reasonable assurance:
(i)thattheactivitiesauthorized by this operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations set Section 2.D. below)pter I (except as exempted from compliance in forth in 10 CFR Cha i
- Cleveland Electric Illuminating Company is authorized to act as agent for Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company and I
the Toledo Edison Company, and has exclusive responsibility and control over l
the physical construction, operation and maintenance of the facility.
8612O20277 861113 PDR ADOCK 05000440 p
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. E.
The Cleveland Electric Illuminating Company is technically qualified to engage in the activities authorized by this license in accordance with the Commission's regulations set forth in 10 CFR Chapter I; F.
The licensees have satisfied the applicable provisions of 10 CFR Part 140 " Financial Protection Requirements and Indemnity Agreements,"
of the Commission's regulations; G.
The issuance of this license will not be inimical to the common defense and security or to the health and safety of the public; H.
After weighing the environmental, economic, technical and other bene-fits of the facility against environmental and other costs and con-sidering available alternatives, the issuance of this Facility Oper-ating License No. NPF-58, subject to the conditions for protection of the environment set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied; and I.
The receipt, possession, and use of source, byproduct and special nuclear material as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Parts 30, 40 and 70.
2.
Based on the foregoing findings regarding this facility, the Partial-Initial Decisions issued December 2,1983 and September 3,1985 by the Atomic Safety and Licensing Board in regard to this facility (affirmed by ALAB-841 dated July 25,1986) and pursuant to approval by the Nuclear Regula-tory Commission at a meeting on November 7,1986, Facility Operating License No. NPF-58, which supersedes the license for fuel loading and low power testing, License No. NPF-45, issued on March 18, 1986, is hereby issued to the Cleveland Electric Illuminating Company, Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company and Toledo Edison Company (the licensees) to read as follows:
A.
The license applies to the Perry Nuclear Power Plant, Unit No. 1, a boiling water nuclear reactor and associated equipment (the facility),
owned by the Cleveland Electric Illuminating Company, Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company and the Toledo Edison Company. The facility is located on the shore of Lake Erie in Lake County, Ohio, approximately 35 miles northeast of Cleve-land, Ohio and is described in the licensees' Final Safety Analysis Report, as supplemented and amended, and in the licensees' Environ-mental Report, as supplemented and amended.
B.
Subject to the conditions and requirements incorporated herein, the Commission hereby licenses:
(1) The Cleveland Electric Illuminating Company (CEICO) pursuant to Section 103 of the Act and 10 CFR Part 50, to possess, use and operate the facility at the designated location in Lake County, Ohio, in accordance with the procedures and limitations
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set forth in this license;
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. (2) Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company and Toledo Edison Company, to possess the facility at the designated location in Lake County, Ohio, in accordance with the procedures and limitations set forth in this license; (3) CEICO, pursuant to the Act and 10 CFR Part 70, to receive, possess and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; (4) CEICO, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, possess, and use at any time any byproduct, source and special nuclear material such as sealed neutron sources for-reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required; (5) CEIC0, pursuant to the 1.ct and 10 CFR Parts 30, 40 and 70, to receive, possess, and use in amounts as required any byproduct, source or special nuclear material without restriction as to chem-ical or poysical form, fcr sample analysis or instrument cali-bration or associated with radioactive apparatus or components; and (6) CEICO, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.
C.
This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:
(1) Maximum Power Level CEICO is authorized to operate the facility at reactor core power levels not in excess of 3579 megawatts thermal (100% power) in accordance with the conditions specified herein.
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. (2) Technical Specifications and Environmental Protection Plan The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, are hereby incorporated into this license. CEICO shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.
(3) Antitrust Conditions Cleveland Electric Illuminating Company, Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company and the Toledo Edison Company shall comply with the antitrust conditions delineated in Appendix C to this license; Appendix C is hereby incorporated into this license.
(4) Post-Fuel Loadina Initial Test Program (Section 14, SSER #3)*
Any changes to the Initial Test Program described in Section 14 of the FSAR made in accordance with the provisions of 10 CFR 50.59 shall be reported in accordance with 50.59(b) within one month of such change.
(5)
Inservice Inspection Program (Section 6.6.3, SSER #7)
Within six (6) months after exceeding 5% of rated thermal power, CEIC0 shall submit the Initial Inservice Inspection Program required by 10 CFR 50.55(a) for the NRC staff's review and approval.
(6)
Fire Protection (Section 9.5, SER, SSER #1, 2, 3, 4, 7 and 8)
CEICO shall comply with the following requirements of the fire protection program: CEICO shall implement and maintain in effect all provisions of the approved fire protection program as described in the Final Safety Analysis Report as amended, for the Perry l
Nuclear Power Plant and as approved in the Safety Evaluation l
Report (NUREG-0887) dated May 1982 and Supplement Nos. I thru 10 thereto, subject to the following provisions:
a.
CEICO may make changes to the approved fire protection program without prior approval of the Commission only if those changes l
would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.
- The parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report (SER) and/or its supple-ments wherein the license condition is discussed.
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(7) Detailed Control Room Design Review (Section 18. SSER #10)
CEICO shall implement the remaining activities to complete the Detailed Control Rocm Desion Review and correct all human engineeringdiscrepancies(HED's)identifiedinAttachment1. is hereby incorporated into this license.
(8) Emergency Planning (Section 13.3, SSER #10)
In the event that the NRC finds that the lack of progress in completion of the procedures in the Federal Emergency Management Agency's final rule (44 CFR Part 350) indicates that a major substantive problem exists in achieving or maintaining an adequate state of emergency preparedness, the provisions of 10 CFR 50.54(s)(2) will apply.
(9) TDI Diesel Generator Reliability (Section 9.6.3, SSER #6, 8 8 10)
CEIC0 shall comply with the requirements identified in Attachment 2 relative to the Transamerica Delaval, Inc., diesel engines. is hereby incorporated into this license.
D.
CEIC0 is exempted from:
- 1) the requirements of Section III.D.2(b)(ii),
containment airlock testing requirements, Appendix J to 10 CFR Part 50, due to the special circumstance described in Section 6.2.6 of SER Supplement No. 7 authorized by 10 CFR 50.12(a)(2)(fii); and 2) the requirements of Section IV.F., Full Participation Exercise, of Appendix E to 10 CFR Part 50, due to the special circumstance described in the Exemption, dated November 6, 1986. These exemptions are authorized by law, will not present an undue risk to the public nealth and safety and are consistent with the common defense and security. The exemptions are hereby granted pursuant to 10 CFR 50.12.
With the granting of these exemptions, the facility will operate, to l
the extent authorized herein, in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Comission.
E.
CEICO shall fully implement and maintain in effect all provisions of the physical security, guard training and qualification, and safe-guards contingency plans previously approved by the Commission and I
i all amendments and revisions to such plans made pursuant to the authority of 10 CFR 50.90 and 10 CFR 50.54(p). The plans, which contain Safeguards Information protected under 10 CFR 73.21, are entitled:
" Perry Nuclear Power Plant Security Plan," with revisions I
submitted through May 15, 1986; " Perry Nuclear Power Plant i
Security Force Training and Qualification Plan," with revisions i
submitted through August 12, 1986; and " Perry Nuclear Power Plant Safeguards Contingency Plan" (Chapter 8 of the Security Plan),
with revisions submitted through May 15, 1986.
l
. F.
Except as otherwise provided in the Technical Specifications or Envi-ronmental Protection Plan, CEICO shall report any violations of the requirements contained in Section 2.C of this license in the following initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC manner:
Operations Center via the Emergency Notification System with written followup within thirty (30) days in accordance with the procedures described in 10 CFR 50.73(b), (c) and (e).
G.
The licensees shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.
H.
This license is effective as of the date of issuance and shall expire at midnight on March 18, 2026.
FOR THE NUCLEAR REG ATO COMMISSION
/
w Harold R. Denton, Director Office of Nuclear Reactor Regulation Attachments / Appendices:
1.
Attachments 1 - 2 2.
Appendix A - Technical Specifications (NUREG-1204) 3.
Appendix B - Environmental Protection Plan 4.
Appendix C - Antitrust Conditions Date of Issuance:
November 13, 1986 i
. F.
Except as otherwise provided in the Technical Specifications or Envi-ronmental Protection Plan, CEICO shall report any violations of the requirements contained in Section 2.C of this license in the following manner:
initial notification shall be made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC Operations Center via the Emergency Notification System with written followup within thirty (30) days in accordance with the procedures described in 10 CFR 50.73(b), (c) and (e).
G.
The licensees shall have and maintain financial protection of such type and in such amounts as the Commission shall require in accordance with Section 170 of the Atomic Energy Act of 1954, as amended, to cover public liability claims.
H.
This license is effective as of the date of issuance and shall expire at midnight on March 18, 2026.
FOR THE NUCLEAR REGULATORY COMMISSION
/s/
Harold R. Denton, Director 4
Office of Nuclear Reactor Regulation Attachments / Appendices:
1.
Attachments 1 - 2 2.
Appendix A - Technical Specifications (NUREG-1204) 3.
Appendix B - Environmental Protection Plan 4.
Appendix C - A.ntitrust Conditions
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Nov;mber 13, 1986 ATTACHMENT 1 TO NPF-58 DETAILED CONTROL ROOM DESIGN REVIEW Before start of the 100-hour warranty run, CEI shall implement corrections to human engineering discrepancies per commitmants in Supplement 2 to the Detailed Control Room Design Review Sunnary Report, dated May 28, 1986, and in a letter from M. R. Edelman to W. R. Butler, dated August 26, 1986.
Before startup following the first refueling outage CEI shall implement corrections to human engineering discrepancies per commitments in (a) the Detailed Control Room Design Review Summary Report, dated January 10, 1985.
(b) Supplement 1 to the Detailed Control Room Design Review Summary Report, dated October 14, 1985.
(c) Revision 1 to Supplement I to the Detailed Control Room Design Review Summary Report, dated October 21, 1985.
(d) Supplement 2 to the Detailed Control Room Design Review Summary Report, dated May 28, 1986.
(e) The Control Room Validation Summary Report, dated July 11, 1986.
(f)
Errata sheets to Supplement 2 to the Detailed Control Room Review Summary Report, attached to Letter PY-CEI/NRR-0510 L dated July 29, 1986.
Before startup following the first refueling outage, CEI shall also provide results of the final sound surveys in the control room and at the remote shut-down facilities for NRC review per the commitment in Supplement I to the Detailed Control Room Design Review Summary Report, dated October 14, 1985.
Before startup following the second refueling outage, CEI shall complete the augmented verification of human engineering discrepancy corrections imple-mented after full-power licensing per the commitment in Supplement 2 to the Dstailed Control Room Design Review Summary Report, dated May 28, 1986.
CEI shall also correct any problems identified by the augmented verification before startup following the second refueling outage per the commitment in a lc-tter from M. R. Edelman to W. R. Butler, dated August 26, 1986.
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November 13, 1986 J
ATTACHMENT 2 TO NPF-58 TRANSAMERICA DELAVAL. INC. (TDI) DIESEL ENGINE REQUIREMENTS CEICO shall comply with the following requirements related to the TDI diesel engines:
1.
Changes to the maintenance and surveillance program for the TDI diesel engines, as identified and approved by the NRC staff in the supplemental safety evaluation report in the letter dated November 5, 1985, shall be subject to the provisions of 10 CFR 50.59.
2.
Crankshafts shall be inspected as follows:
The oil holes and fillets of the three main bearing journals subject to the highest torsional stresses (Nos. 4, 6, 8) shall be examined i
with fluorescent liquid penetrant and, as necessary, eddy current, i
during the one-time 5 year and each 10 year major disassembly. The i
same inspections on oil holes and fillets shall be performed on at least three crankpin journals between journals 3 and 8.
3.
Cylinder blocks shall be inspected at intervals calculated using the cumulative damage index (CDI) model and using inspection methodol-ogies described by Failure Analysis Associates, Inc., (FaAA) in the report entitled " Design Review of TDI R-4 Series Emergency Diesel Generator Cylinder Blocks" (FaAA-84-9-11) dated December 1984.
Liquid penetrant inspection of the cylinder liner landing area shall be performed any time liners are removed.
l 4.
The engines shall be rolled over with the airstart system and the cylinder stopcocks open prior to any planned starts, unless that l
start occurs within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of a shutdown. The engines shall also i
be rolled over with the airstart system and the cylinder stopcocks open after 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />, but no more than 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> after engine shutdown and then rolled over once again approximately 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after each shutdown.
In the event an engine is removed from service for any reason other than the rolling over procedure prior to expiration of l
the 8 hour9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> or 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> periods noted above, that engine need not be rolled over while it is out of service. The licensee shall air roll the engine over with the stopcocks open at the time it is returned to service. The origin of any water detected in the cylinders must be i
determined and any cylinder head which leaks due to a crack shall be replaced. No cylinder heads that contain a through-wall weld repair where the repair was performed from one side only shall be used on the engines.
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5.
If inspection of either TDI engine reveals cracks in the crankshaft j
or in the cylinder block between stud holes of adjacent cylinders, this condition shall be reported promptly to the NRC staff and the affected engine (s) shall be considered inoperable. The engines shall not be restored to " operable" status until the proposed disposition and/or corrective actions have been approved by the NRC staff.
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N3vember 13, 1986 APPENDIX C PERRY NUCLEAR POWER PLANT, UNIT NO. 1 NPF-58 ANTITRUST CONDITIONS FOR CLEVELAND ELECTRIC ILLUMINATING COMPANY DUQUESNE LIGHT COMPANY OHIO EDISON COMPANY PENNSYLVANIA POWER COMPANY TOLED0 EDISON COMPANY A.
The licensees are subject to the following antitrust conditions:
Definitions Applicants shall mean the five companies listed above.
Entity shall mean any electric generation and/or distribution system or municipality or cooperative with a statutory right or privilege to engage in either of these functions.
Wheeling shall mean transportation of electricity by a utility over its lines for another utility, including the receipt from and delivery to another system of like amounts but not necessarily the same energy.
Federal Power Commission, The 1970 National Power Survey, Part 1,
- p. I-24-8.
(
Licensing Conditions (1) Applicants shall not condition the sale or exchange of wholesale power or coordination services upon the condition that any other entity:
(a) enter into any agreement or understanding restricting the use of or alienation of such energy or services to any customers or territories; (b) enter into any agreement or understanding requiring the receiving entity to give up any other power supply alternatives or to deny itself any market opportunities; (c) withdraw any petition to intervene or forego participation in any proceeding before the Nuclear Regulatory Commission or refrain from instigating or prosecuting any antitrust action in any other forum.
2-(2) Applicants, and each of them, shall offer interconnections upon reasonable terms and conditions at the request of any other electric entity (ies) in the Combined CAPC0 Company Territories (CCCT), such interconnection to be available (with due regard for any necessary and applicable safety procedures) for operation in a closed-switch synchronous operating mode if requested by the interconnecting entity (ies). Ownership of trans-mission lines and switching stations associated with such interconnection shall remain in the hands of the party funding the interconnection subject, however, to any necessary safety procedures relating to disconnection facilities at the point of power delivery.
Such limitations on ownership shall be the least necessary to achieve reasonable safety practices and shall not serve to deprive purchasing entities of a means to effect additional power supply options.
(3) Applicants shall engage in wheeling for and at the request of other entities in the CCCT:
(a) of electric energy from delivery points of Applicants to the entity (ies);and, (b) of power generated by or available to the other entity, as a result of its ownership or entitlements* in generating facilities, to delivery points of Applicants designated by the other entity.
Such wheeling services shall be available with respect to any unused capacity on the transmission lines of Applicants, the use of which will not jeopardize Applicants' system.
In the event Applicants must reduce wheeling services to other entities due to lack of capacity, such reduction shall not be effected until reductions of at least 5 percent have been made in transmission capacity allocations to other Applicants in these proceedings and thereafter shall be made in proportion to-reductions ** imposed upon other Applicants to this proceeding.
" Entitlement" includes but is not limited to power made available to an entity pursuant to an exchange agreement.
- The objective of this requirement is to prevent the pre-emption of unused capacity on the lines of one Applicant by other Applicants or by entities the transmitting Applicant deems noncompetitive. Competitive entities are to be allowed the opportunity to develop bulk power services options even if this results in re-allocation of CAPC0 (Central Area Power Coordination Group) transmission channels. This relief is required in order to avoid prolongation of the effects of Applicants' illegally sustained dominance.
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. Applicants shall make reasonable provisions for disclosed transmission requirements of other entities in the CCCT in planning future trans-mission either individually or within the CAPC0 grouping.
By " disclosed" is meant the giving of reasonable advance notification of future require-ments by entities utilizing wheeling services to be made available by Applicants.
(4) (a) Applicants shall make available membership in CAPC0 to any entity in the CCCT with a system capability of 10 Mw or greater; (b) A group of entities with an aggregate system capability of 10 Mw or greater may obtain a single membership in CAPC0 on a collective basis;*
(c) Entities applying for membership in CAPCO pursuant to License Condition 4 shall become members subject to the terms and con-ditions of the CAPC0 Memorandum of Understanding of September 14, 1967, and its implementing agreements; except that new members may elect to participate on an equal percentage of reserve basis rather than a P/N allocation formula for a period of twelve years from date of entrance.** Following the twelfth year of entrance, new members shall be expected to adhere to such allocation methods as are then employed by CAPC0 (subject to equal opportunity for waiver or special consideration granted to original CAPC0 members which then are in effect).
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o E.g., Wholesale Customer of Ohio Edison (WCOE).
00 The selection of the 12-year period reflects our determination that an
. o adjustment period is necessary since the P/N formula has a recognized effect of discriminating against small systems and forcing them to forego economies of scale in generation in order to avoid carrying excessive levels of reserves.
We also found the P/N is not entirely irrational as a method of reserve allo-cation. We have observed that Applicants themselves provided adjustment i
periods and waivers to integrate certain Applicants into the CAPC0 reserve rGquirement program. The 12-year period should permit new entrants to avoid initial discrimination but to accommodate and adjust to the CAPC0 system over some reasonable period of time.
Presumably new entrants will be acquiring ownership shares and entitlements during the 12-year period so that adverse consequences of applying the P/N formula will be mitigated.
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. (d) New members joining CAPC0 pursuant to this provision of relief shall not be entitled to exercise voting rights until such time as the system capability of the joining member equals or exceeds the system capability of the smallest member of CAPC0 which enjoys voting rights.*
(5)- Applicants shall sell maintenance power to requesting entities in the CCCT upon terms and conditions no less favorable than those Applicants make available:
(a) to each other either pursuant to the CAPC0 agree-ments or pursuant to bilateral contract; or (b) to non-Applicant entities outside the CCCT.
(6) Applicants shall sell emergency power to requesting entities in the CCCT upon terms and conditions no less favorable than those Applicants make available:
(a) to each other either pursuant to the CAPC0 agreements or pursuant to bilateral contract; or (b) to non-Applicant entities outside the CCCT.
(7) Applicants shall sell economy energy to requesting entities in the CCCT, when available, on terms and conditions no less favorable than those available:
(a) to each other either pursuant to the CAPC0 agreements or pursuant to bilateral contract; or (b) to non-Applicant entities.Outside the CCCT.
(8) Applicants shall share reserves with any interconnected generation entity in the CCCT upon request. The requesting entity shall have the option of sharing reserves on an equal percentage basis or by use of the CAPCO P/N allocation formula or on any other mutually agreeable basis, j
(9) (a) Applicants shall make available to entities in the CCCT access to the Davis-Besse 1, 2 and 3 and the Perry 1 and 2 nuclear units and any other nuclear units for which Applicants or any of them, shall apply for a construction permit or operating license during the l
i 0 Dur objective is to prevent impediments to the operation and development of t
an area-wide power pool through the inability of lesser entities to respond timely or to make necessary planning commitments. While we grant new member entities the opportunity to participate in CAPC0 it is not our intent to relieve joining entities of responsibilities and obligations necessary to the successful operation of the pool. For those smaller entities which do not wish to assume the broad range of obligations associated with CAPC0 member-ship we have provided for access to bulk power service options which will further their ability to survive and offer competition in the CCCT.
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next 25 years. Such access, at the option of the requesting entity, shall be on an ownership share, or unit participation or contractual pre-purchase of power basis.* Each requesting 1
entity (or collective group of entities) may obtain up to 10%
of the capacity of the Davis-Besse and Perry Units and 20% of s
future units (subject to ths 25-year limitation) except that once any entity or entities have contracted for allocations totaling 10% or 20%, respectively, no further participation in any given units need be offered.
(b) Connitments for the Davis-Besse and Perry Units must be made by requesting entities within two years after this decision becomes final.
Commitments for future units must be made within two years after a construction permit application is filed with respect to such a unit (subject to the 25-year limitation) or within two years after the receipt by a requesting entity of detailed written notice of Applicants' plans to construct the unit, whichever is earlier;-
provided, however, that the time for making the consnitment shall not expire.until at least three months after the filing of the application for a construction permit. Where an Applicant seeks to operate a nuclear plant with respect.to which it did not have an interest at the time of filing the app 11 cation for the construction permit, the time periods for connitments shall be the same except that reference should be to the operating license, not the construction permit.
(10) Applicants shall sell wholesale power to any requesting entity in the CCCT, in amounts needed to meet all or part of such entity's requirements.
The choice as to whether the agreement should cover all or part of the entity's requirements should be made by the entity, not the Applicant or Applicants.
1 l.
O Requesting entities' election as to the type of access may be affected by provisions of State law relating tc dual ownership of generation facilities by municipalities and investor-owned utilities. Such laws may change during the period of applicability of these conditions. Accordingly, we allow re entities to be guided by relevant _ legal and financial considerations (questing including Commission rejulations on nuclear power plant ownership) in fashioning their requests.
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. (11) These conditions are intended as minimum conditions and do not preclude Applicants from offering additional wholesale power or 1
coordination services to entities within or without the CCCT.
However, Applicants shall not deny wholesale power or coordination services required by these conditions to non-Applicant entities in the CCCT based upon prior commitments arrived at in the CAPC0 Memo-randum of Understanding or implementing agreements. Such denial shall be regarded as inconsistent with the purpose and intent of these con-ditions.
The above conditions are to be implemented in a manner consistent with the provisions of the Federal Power Act and all rates, charges or practices in connection therewith are to be subject to the approval of regulatory agencies having jurisdiction over them.
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