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,.e Commonwealth Edison Company ONE FIRST N A T IO N A L PLAZA
- CNICAGO. ILLINOIS AMess teely tes P 0 81 O f f l C E box Fe7
- C M I C A O O, IL LlHOIS 40490 March 29, 1972 I
Mr.
E. 31ock U.
S.
Atomic Energy Commission Washington, D.C.
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Dear Ed:
Attached are several copies of the agreement reached between Commonwealth Edison and the parties to the Quad-Cities suit.
If you have any questions, please give me a call.
Sincerely, Byr n Lee, Jr.
Assistant to the President Att.
8709280037 870921
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,e The People of the State of. Illinois, reprocented by the Attorr:ey Cenaral, U1131am J. Scott. (hereinafter, the
" State of I L11noic"), The Izaak Uniton League of America, the 1111no!r Divicion of the Icank ~! alton League of America,. the Io.ra Divi:ilon of the Izaak Walton LeaCue of Accrica, the Daven-port. Iowa Chapter of the 1:aak Valton LeaCue of America, the Clinton, Io.ta Chapter of the Izaak Waltdn League of America, i
the '1.achhauk Chapter of the Izaak Walton League of. America (hereinafter, collectively, the "Icank Walton' Lo,acue"), the o
Illinois State Ccmmunity Action Progrc.m of tne United Auto =obile, Am r ?ce and A 5ricultural Implement Workers of America (hercin-i after, the "UAW"), (all of whom, hereinaf ter, collectively th-
" Plaintiff 0"), Com-'onwealth Idicon Company, the Iowa Illineic Ca.
f.: nicctric Company (hereinafter, the "Utilitics") are partiec to 11t3r.ation pendint,in the United Statcc District Court for the Dir.trict of Colun.bla and cach is of the view that it is in its bert intercot nr.d in the bout intercot of the public to ccttle and L.crminste that lit 1 Cation on the followin3 terms:
1.
Modification of Condencer Con 11n-Water S.': tr m.
j The Utilitics will construct and place in operation within the h3-month period more fully deceribed in Paracraph 7 j
h,rcor nnd in accordance with the procedures doccribed here!n, a closed-cycle cooling cysten for the condenocr cooling water i
dicchvce fro:n both unito of the nucicar cicetrje Cencratin"
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station commonly kno.in ac Quad Citie: Units 1 and 2 (hcrol'nr.fter, l
"'rn. ' Ci ti -c Utstion"). The clored-cycle cyctom chall be eccpr' J
of a er rny enns1, hiiving a blow < lown discharge to the Miccircir; i Hiver of not more than 51 cuble feet por accond annual averago l
l' and 3 29 cubic feet per second instantaneous enaximum.
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' 2.
The Utilities will reapply to the Iowa Concerva-tion Commiacion for a permit to conctruct a diffuser discharco p.! e (of the decicn previoucly submitted to that Cosmiccion) f in t'ha 1:1cniccippi River to be 'uned for the diccharge of condenser cooling stater, and, if the Utilities obtain all neccesary approvale frons reculatory acencies, will construct and place the diffucer diccharge pipe in operation as soon as fcazible after the iscuance of the last required permit. The parties anticipato
- hat the con-ctruction time for the diffuser will not excced five months.
3.
Dic-incal of Dondi ne Judicial Proceedint's.
The State of Illinois, the Izaak Uniton League and the U/41 (:tho are, collectively, the plaintiffs in the suits des-cribed below) will cauce the preliminary injunctions entered in the culta known ac I*ank ;tniton I.en<me of Ar-arten, et al.,
- v. Schimir er'. et al.,:o. 2207-71; the Tecnle of the Str.to of Ill!n it, c: rol Scott. et al., v. United fitates AtMic Enerry Comir clon, et al.. !!o. 2208-71, pending in the United States 1
District Court for the District of Columbia (the " District Court Canes") to be vacnted and will cause those actions to be dismisced with prejudice. Thereafter, Utilities will dismiss their appeals currently pendin3 in the United States Court of Appeals for the I
District of Columbia Circuit in the following actionc: Izank Uni tor t r-ru n of lea rien.. et al., v. Janos Oehlerineer, et al.,
fios. 71-2028 and 72-1057; Peonle of the State of Illinoj s ex rol Scott v. t ni tod Statac Ato.le Un rry Com nic::icn. et al., Mos.71-202) and 72-1033.
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Further Permintory Proceedin-c.
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A.
In view of the demonstrated and immediato need for addition 11 electrical generatiny, ccpacity within the Utilitice cervjce arcac and of the particular need to fully tect ench of the Quad Citice unito prior to the date of the cuct.cr 1972 peak Icad,, the Plaintiffn, when and ao requected by the Utilities, will support in any renconable way the appli-cation of the Utilities for all pernits and licences which are required under the following circumstanecc:
1.
Prior to completion of the diffucer diccharco pipe; (a) To opornte at 50 percent of station ecpacity; and i
(b) To operate at capccity levels in excess of 50 percent of ctation capacity when, after the Utilitice have used their best efforto to reduce total demand for electricity by interrupting their interruptibic customers, cuch operation is necessary to avoid a reduction in the voltage being supplied either to the Utilities' cuctomers, or to the cucto=ers of inter-connected cyctems, when alternative power sources are not available.
2 To operate after completion of the diffuser dic-charce cycten, at full station capacity; Such application include:
(a)
Application to the Illinoic Pollution Control Board.
(b)
Application to the Iowa Conservation Commission 4
for permincion to conctruct the diffuser dicchar6c pi)>e in the bed of the M1:clesippi River.
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(c) Applications for interin and perdinent operatinc licences from the United States Atomic Enercy Commircion.
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(d) Applicatienc for any permits that may be needed
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from the United Staten Army Corps of Engineers.
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Such cupport chall include, as the Utilities may request, written statements to, and oral tectinony before the appropriate 4
regulatory bety indicatinc approval of the authority soucht by the Utilities, tocether with furnishinc to the Utilitics or the reculatory body of such data or evidence as the Utilities may request, to the extent cuch data or evidence ic renconably availabic to the Plaintiffe or any of them.
B.
In the event that permits allowin8 construction and operation of the diffucer diccharge pipes from the appropriate recula. tony agencies acting for the Staxc of Icun and Illinois and the United States of Amerlen are not obtained and *Jtilitics dott.rmine to install an alternative condenser coolinc unter diccharce cystem, Plaintiffs will cupport the Utilities' applica-tionc to install such an alternative condenser coolinc water dio-charge syntem which, havir.3 due recard for the energy needs of the Utilities and the conservation of the aquatic environment of i
the Missiccippi River, will enable the Utilities to operate the Cuad Citica Station at full station ecpacity, pending completien of the closed-cycle cooling cystem described in Paracinph I hereof.
Utilitice will inform the Plnintiffs of the procroca of pending applications to various regulatory bodies and will concult with j
the Plaintiffa p* ; 3r to the filin3 of any substantial ar.cndment of thoce applications.
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Condition to Performance of the Arrerr#nt.
Performance of this acreement by the Utilitics is condition:1 upon vacation of the preliminary injunction and dieni: al of the proceedings n:w pending in the United Statec District Court for the Dictrict of Columbia in the Districe Court Caces by March 29, 1972.
'6.
Time or performaneo and Force Ma. inure.
A closed-cycle coolir.3 r. sten having a capacity equal to one-half of the condenser coolins water discharge of the Quad Cities Station shall be installed and placed in operation no Inter than May 4,1974 and the closed-cyc3e cooling cysten for the entire station chall be placed in operation no later than day h, 1975: provided, ho.rever, that in the event the completion of such systen is delayed either by reacon of the failure of any Coverne. ental a;ency a serting jurisdiction over the tugd Cities Station to trant all necetsary authority for
. cenetruct.'.on and operation of the cloced-cycle cooling systen within three months after sabmission of a request therefor, or by reason of any other event beyond the reasonable control of the Utilities, the time for perfort:4.nce shall be extended for a tiv.e equal to tuch period of delay. The Utilities will notify the Pla ntiff: no later than ten business days after it becomes aware of any factor which the Utilities clain may be a basis for 4
an extencion of tino of more th2n 30 days for performance of i
the Utilitics' ob11;ations de:eribed in thic paragraph.
7.
operation Arter Construction of the Closed-Cycle nyr.tei.
The Ut131 ties shall operate clo:cd-cycle at the quad Cities Station at all times, except that:
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The Ut111 tics may utilir.e the diffuser or other alternate coo 1' 1ng cyctem and chall not be required to operate closed-c/ ele when, in the judgment of the Ut111 tics, closed-cycle operation will result in a thrent to public health and carcty. In no event, except 30 provided below, shall the Utilitics operate without the closed-cycle cooling system after its installation, except to cvoid a threat to public health and sarcty arising from cloced-cycle operation. One calendar year after incta11ation of the closed-cycle cooling system, Utilitics and Plaintiffs agree to confer regarding the establishment of reasonsbic criteria, pursuant to which Utilities chall operate the Quad Citics Station thereafter without the closed-cycle cooling cycten to avoid a threat to public health and safety arising from closed-cycle operation. Such renconable criteria shall be estab-11ched within 60 days after the end of the first calendar year of elecod-cycle operation.
B.
Utilitiec may utill e the diffucer or other alter-nate cooling syctem whenever (1) a malfunction or other physical impairment, such as freer.ing, of the closed-cycle cooling system occurc which prevents operation of the C.und Citics Station at its operating enpacity, as scheduled from time to time, and (it ) if the Ut111 tics cannot renconably cupply their euctomers' energy needs by veing other cources of energy within their generatinc system. Utilities agree to correct the malfunction or other physical appairment and rectore the closed-dycle cooling system to operation at the earliest practicable date.
C.
In each case in which the Utilities shall operate other than clocod cycle purcuant to subparagraph a
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A or B, or pursuant to Paragraph 4A.1.(b), shall operate in execco of 50% capacity, they chall within ten busineno days thercarter, furnich notice to the Plaintiffs of all of the circunctar.ces surrounding the une of the diffucer or other cool $nc. cyctem or operation in execco of 50% capacity, in-cludinc, as applicable, the nature of the threat to the public health or cafety, or the malfunction, or the extent to which operation exceeded 50% of capacity, all action taken 'in connec-tion thercwith, and the lencth of time the closed-cycle cooling system remained inoperative.
8.
Diseutes.
If any dispute arises between the Utilitics and the Plaintifft, or any of them, concerning the interpretation or performn.nce of this acrec. tent, the partice hereto will first attempt to resolve the snme by Cood faith discussions directed to cettlenent of the dicpute. In the event the partien are unable to resolve the disputes through good faith negotiations, this agrec:aent will be enforceable by appropriate judicial or administrative bodiec.
9.
Illinois Commerce Cer. mission.
I Commonwealth Edison Company chall file thic agree-ment with the Illinois Co:t.merce Commicslon as~ part of the record in ite Docket Numberc 56405 and 55149, and the requirement for 4
j the construction of a cloced-cycle cooling cystem ac deceribed in thic acrooment shall, subject to the approval of the Com-mincion, he incorporated in the Commiccion's environmental ordert in thoce proceedings.
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_Entira Acroemnnt.
e' Thic acreoment and any other writinC signed by the parti es or their aconts or any of them contemporaneously here-9 '
W3 th cupes cede all prior representations, n"cotiations an<1
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8 underctandinGc of the partlec hereto, whether oral or
- written, nnd conrtituto the entire acreement of the partlec
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Thic acree-ment chn11 not be chanced or superseded, except in slened by the duly authoriced representatives of the a writinc, hereto.
partice l
1 11 Heticoc.
Any notice of information required by this agre shall be cent registered r.all, return receipt request d ct. e nt prepaid, to a representative of ecch party as foll e, pocttre ows:
(a) For the Utilities:
President Commonwealth Edicen Company Foot Office 3ox 767 Chicago, Illinois 60690 (b)
For the Plaintiffs in the District Court Casec
!!cn. *l111 lata J. Ccott Attorr.cy C2neral of Illinois 160 : orth La32:le Street Chien:o, Illinoic 60601 189 ',lest i'adicen S treetJoseph V. Karccinis, Esq.
Chicaco, Illinois 60602 12 Eisec11anecuc.
ho public announcement or statement regarding thi agreement chall be made by any of the parties or th i prior to the time the ordere referred to in Parac a h 5 e r agente been entered by the District Court.
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The undercianad reprecent that they have the re authority of tncir respective crcanizatient quicite nent en thv!r bthalf.
to execute thic acres-Thic agreement thkil be bindlnc upon the reprec ntialves, succcccore and acnignc of each c1 Cnato ry.
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9 Thic agreeinent ic' entered Jnto by the Utilitico and the* Stato of Illinoi::, the Icank Walten Lescue and the UA*./ to reco1ve all controverclec, differences and dicputec between the partieb hereto V:!th respect to the licencinc and operation of i
Quad Citiec Station Unito 1 and 2, includinc, but not limited to, those which have heretofore risen, or micht or could have ar! con to the d'.te of this agrcoment.
The execution of thic docunent 1y the Ut111 tics 1J not intended to and does not concti-tute any admicsion by the Ut.tlities that the discharge of condenser cooling water other than from a closed-cycle cooling syntom is ine.dequate, unrnfo or resulto in uny way in an adverse effect on the aquatic environment in the l'issiccippi River.
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- Dated: 1:crch 27, 1972 C0!3:0:r.1EALTH EDISO:!'CC::PA1:Y an-J IOUA-ILLI30IS GAS & ELECT!IC C(M1A" s
By t.__ ?
9-STATE OF ILLI!!OIS By:
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Attornek,Jencral IZAAK 'n* ALTON LT.ACUE OF AIL?ICA ILLI!:OIS DIVISIO:1 OF 'mE IZA!.K WALTCU LFACUE OF A!.*E".ICA IOUA DIVI:170N OF Tc:S IZA!.:' 'dA!.T'..:
LEAGUE OF A?: ERICA DAVE!! PORT. IOVA CIMPTER OF Tiit IZAAK WALTO:: LEACUE OF AM:MCA CLI!! TON, ICWA CI:AI T!? 0F T".!T IJ' !.,,
WALTO;1 LFACin: OF A:'.T11ICA DLACKSV.!K Cl%PTER CF Ti!E IZla:'
WALT 0!! LEAGUE OF AMERICA By:_
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ILL7;:0IS STATE COP.MU'!ITY ACTIC:: FT OF THE U::ITLD AUTOMOPIL::.. A: wi AND AGRICULTURAL I!4PLf.1;;T ';uil 0F AMEl:ICA A
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