ML20237J286
| ML20237J286 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 08/21/1987 |
| From: | Murley T Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20237J287 | List: |
| References | |
| NUDOCS 8708260101 | |
| Download: ML20237J286 (16) | |
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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E WASMNGTON. D C. 20555
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HOUSTON LIGHTING & POWER COMPANY CITY PUBLIC SERVICE BOARD OF SAN ANTONI0' CENTRAL POWER AND LIGHT COMPANY CITY OF AUSTIN, TEXAS DOCKET NO. 50-498 i
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SOUTH TEXAS PROJECT, UNIT 1 j
FACILITY OPERATING LICENSE License No. NPF-71
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1.
The Nuclear Regulatory Commission (the Commission or the NRC) has found that:
A.
The application for a license filed by Houston Lighting'& Power Company * (HL&P) acting on behalf of itself and for the City Public j
Service Board of San Antonio (CPS), Central Power and Light Company I
(CPL), and City of Austin, Texas (C0A) (licensees) complies with the standards and requirements of the Atomic Energy Act of 1954, as u
amended (the Act), and the Commission's regulations set'forth in j
10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B.
Construction of the South Texas Project, Unit.1, (the facility) has been substantially completed in conformity with Construction Permit No. CPPR-128 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 2.0 below);
D.
There is reasonable assurance:
(i) that the activities authorized 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 -
forth in 10 CFR Chapter I (except as exempted from compliance in Section 2.0. below);
" Houston Lighting & Power Company is authorized to act for the City Public I
.f Service Board of San Antonio, Central Power and Light Company and City of Austin, Texas and has exclusive responsibility and control over the physical l
construction, operation and maintenance of the facility.
1 8708260201 070021 l
$DR ADOcx c500o490 j
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l 2-l E.
Houston Lighting & Power Company is technically qualified to engage l
in the activities authorized by this license in accordance with the Commission's regulations set forth in 10 CFR Chapter I; The licensees have satisfiad the applicable provisions of 10 CFR F.
l Part 140,
- Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations; I
l G.
The issuance of this license will not be inimical to the common i
defense and security or to the health and safety of the public; l
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H.
After weighing the environmental, economic, technical and other 4
benefits,of the facility against environmental and other costs and l
l considering available alternatives, the issuance.of this Facility Operating License No. NPF-71, subject to the conditions for pro-tection of the environment set forth in the Environmental Protec-l tion Plan attached as Appendix B, is in accordante with 10 CFR I
l Part 51 of the Commission's regulations and all applicable require-
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ments have been s1tisfied; and 1
I.
The receipt, possession, and use of source, byproduct and special nuclear material as authorized by this license will be in accord-ance with the Commission's regulations in 10 CFR Parts 30r 40 and 70.
t 2.
Based on the foregoing findings, the Atomic Safety and Licensing Board's Partial Initial Decision (Operating License) (Phase I), dated March 14, 1984, affirmed in ALAB-799, dated February 6,1985, the Partial Initial l
Decision (Operating License) (Phases II/III), dated June 33, 1986 and the Partial Initial Decision (Authorizing Operating Licenses), dated August 29, 1986, both af fir.med in ALAB-849, dated October 8,1986, regarding this facility, Facility Operating License No. NFP-71 is hereby issued to Hoyston Lighting & Power Company, City Public Service Board of San Antonio, Central Power and Light Company, and City of Austin, Texas
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(the licensees) to read as follows:
A.
This license applies to the South Texas Project, Unit 1, a pres-surized water reactor, and associated equipment (the facility) owned by Houston Lighting & Power Company, City Public Service Board of San Antonic, Central Power and Light Company and City of Austin, a
The facility is located in Matagorda County, Texas, west of
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the Colorado River, 8 miles north-northwest of the tovn of Matagorda j
and about 89 miles southwest of Houston and is described in the i'
licensees' Final Safety Analysis Report, as supplemented and amended, and in the licensees' Environmental Report, as supplemented and amended.
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B.
Subject to the conditions and requirements incorporated herein,.the Commission hereby licenses:
(1) Houston Lighting & Power Company (HL&P) pursuant to Section 103 of the Act and 10 CFR Part 50,.to pcssess, use and operate the facility at the designated locatio'n in l
Matagorda County, Texas, in accordance with the procedures 1
l and limitations set forth in this license; (2) The City Public Service Board of San Antonio (CPS), Central. Power
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and Iight Company (CPL), and the City of Austin, Texas (C0A),
pursuant to the Act and 10 CFR Part 50, to possess the facility at the designated location in Matagorda County, Texas, in accordance i
with the procedures and limitations set forth in this license; f
(3) HL&P, 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; I
J (4) HL&P, 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' as sealed neutron sources for reactor startup, sealed sources fbr reactor instrumentation and radiation monitoring equipment' calibration, and as fission detectors in amounts as required; (5) HL&P, pursuant to the Act and 10 CFR Parts 30, 40 and 70, to receive, pr,sess, and use in amounts as required any byproduct, I
source or special nuclear material without restriction to chemi-cal or physical form, for sample analysis or instrument calibra-q tion or associated with radioactive apparatus or components; and (6) HL&P, 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 authorized herein.
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C.
This license shall be deemed to contain and is subject to the con-1 ditions 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 here-after in effect; and is subject to the additional conditions speci-l fied or incorporated below:
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) l (1) Maximum Power Level HL&P is authorized to operate the facility at' reactor. core power levels not in excess of 3800 megawatts the sal (100% ' power) in
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accordance with the conditions specified terein. Pending Commission approval, this license is restr#cted to reactor core o
power levels not to exceed 5 percent of fL'l power (190 megawatts J
thermal).
I (2) Technical Specifications and Environinental 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.
HL&P shall operate the facility _ in accordance with ll the Technical Specifications and the Environmental Protection Plan.
(3) Antitrust Conditions Houston Lighting & Power Company, City Public Service Board of San Antonio, Central Power and Light Company and City of Austin,
'0 Texas shall comply with the' antitrust conditions delineated in
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Appendix _C to this license; Appendix C is hereby incorporated i
into this licease.
(4) Initial Startup Test Program (Section 14, SER)*
j Any changes to the Initial Test Program described in Section 14 of the Final Safety Analysis Report made in accordance with the provisions of 10 CFR 50.59. shall be reported in' accordance with.
1 50.59(b) within one month'of such change.
(5) Saf ety Parameter Display System (Section 18, SSER No. 4)*
Before startup after the first refueling outage, HL&P shall perform the necessary activities, provide acceptable responses, and implement all proposed corrective actions related to issues as described in Section 18.2 of SER Supplement 4.
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- -The parenthetical notation following the title of many license conditions denotes the section of the Safety Evaluation Report and/or its supplements wherein the license condition is discussed.
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s 1 (6) Supplementary Containment Purge Isolation (Section 11.5, SSER No. 4)
HL&P shall provide, prior to startup from the first refueling outage, control room indication of the normal and supplemental y
containment purge sample line isolation valve position.
1 (7) Emergency Planning (Section 13.3, SSER No. 3) q l
In the event that the NRC finds that the lack of progress in j
completion of the procedures in the Federal Emergency Management Agency's final rule, 44 CFR Part 350, is an indication that a major substantive problem exists in achieving or maintaining an adequate state of emergency preparedness, the provisions of 10 CFR Section 50.54(s)(2) will apply.
1 D.
Exemptions l
The following exemptions are authorized by law and will not endanger
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life or property or the common defense and security, and certain i
special circumstances are present.
With the granting of these j
exemptions, the facility will operate, to the extent authorized herein, in conformity with the application, as amended, the provi-sions of the Act, and the rules and regulations of the Commission.
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(1) The facility requires a schedular exemption from the requirements of General Design Criterion 4, Appendix A to 10 CFR 50.
The staff has described in detail in Supplement 4 to the Safety Evaluation Report the technical basis associated with this exemption. The staff's environmental assessment was published on July 2,1987 (52 FR 25095). Therefore, pursuant to 10 CFR 50.12(a)(1),10 CFR 50.12(a)(2)(iii) and (iv), the South Texas i
Project Unit 1, is hereby granted an exemption from the require-cents of General Design Criterion (GDC) 4, Appendix A to 10 CFR bu with respect to the dynamic loading effects associated t1th the postulated pipe breaks described in detail in Section 3.6 of Supplement 4 to the Safety Evaluation Report.
These dynamic loading effects include pipe whip, jet impingement, and break-associated dynamic transients.
Specifically, this eliminates the need to install jet impingement barriers and pipe whip restraints associated with postulated pipe breaks in the pressurizer surge line, and the accumulator injection lines.
l This exemption will expire 6 months following completion of the current GDC-4 rulemaking changes or at the end of the second refueling outage, whichever occurs earlier.
(2) The facility requires a technical exemption from the require-ments of 10 CFR 50, Appendix J Section III.D.2(b)(ii).
The justification for this exemption is contained in Section 6.2.6 of Supplement 3 to the Safety Evaluation Report.
The staff's environmental assessment was published on July 2,1987 (52 FR 25094).
Therefore, pursuant to 10 CFR 50.12(a)(1),
10 CFR 50.12(a)(2)(ii) and (iii), the South Texas Project Unit 1 is hereby granted an exemption from the quoted require-ment and instead, is required to perform the overall air lock i
leak test at pressure P prior to establishing containment integcity if air lock m$intenance has been performed that could I
affect ti,a air lock sealing capability.
(3) The facility requires a schedular exemption from the requirements of General Design Criterion 57, Appendix A to 10 CFR 50.
The staff has described in detail in Supplement 4 to the Safety Evaluation Report the technical bases associated with this exemption.
The staff's environmental assessment was published on June 18,1987 (52 FR 23217). Therefore, pursuant to 10 CFR i
50.12(a)(1) and 10 CFR 50.12(a)(2)(v) the South Texas Project l
Unit 1 is hereby granted an exemption from the requirements of l
GDC-57 applicable to the essential component cooling water (CCW) l piping which is also used by the non-essential reactor contain-(
ment building chilled water system in providing cooling to the l
Reactor Containment Fan Coolers (RCFC). This exemption will expire at the end of the first refueling outage.
(4) The f acility was previously granted exemption from the criticality j
i monitoring requirements of 10 CFR 70.24 (See Materials License No. SNM-1972 dated December 29, 1986 and Section 9.1.2 of SSER No. 3).
The South Texas Project Unit 1 is hereby exempted from i
the criticality monitoring provisions of 10 CFR 70.24 as applied I
to fuel assemblies held ur. der this license.
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E.
Fire Protection HP&L shall implement and maintain in effect all provisions of the approved fire prctection program as described in the Final Safety Analysis Report through Amendment No. 55 and the Fire Hazards Analysis Report through Amendment No. 7, and submittals dated April 29, May 7, 8 and 29, June 11, 25 and 26,1987, and as approved in the SER (NUREG-0781) dated April 1986 and its Supplements, subject to the following provision:
HL&P may make changes to the approved fire protection prog am without prior approval of the Commission, only if those changes would not adversely affect the ability to achieve and maintain safe shutdown in the event of a fire.
F.
Physical Security HL&P shall fully implement and maintain in effect all provisions of tne physical security, guard training and qualification, and safeguards contingency plans previously approved by the Commission and all l
--_-.____-____-O amendments and revisions to such plans made pursuant to the authority under 10 CFR 50.90 and 10 CFR 50.54(p).
The pians, which contain Safeguards Information protected under 10 CFR 73.21, are entitled:
" South Texas Project Electric Generating Station Physical Security Plan," with revisions / amendments submitted through July 30, 1987;
" South Texas Project Electric Generating Station Security Personnel Qualification and Training Plan" with revisions submitted through July 24, 1987; and " South Texas Project Electric Generating Station Safeguards Contingency Plan," with revisions / amendments submitted through July 24, 1987.
HL&P shall implement those interim measures as specified in Attachments A to the HL&P letters dated July 24, July 30, August 7, and August 18, 1987.
In addition, to correct the deficiencies noted in the letter from R. D. Martin to T. E. Murley dated August 19, 1987, HL&P shall fulfill tha following specific conditions:
(1) The staff has found the intrusion detection system to be acceptable based on a short period of operation. While long term operability is being demonstrated, acceptable compensatory I
measures are in place.
Prior to initial c.iticality, the intrusion detection system shall be proven operable to the staff's satisfaction under the criteria and reliability standards set forth in Regulatory Guide 5.44, Revision 2.
l (2) Prior to reaching 5 percent power HL&P shall demonstrate to the satisfaction of the staff that (a) the recently reorganized 1
HL&P maragement organization and the training and qualification program continue to comply with the requirements of 10 CFR 73.55(b) and 10 CFR 73 Appendix B; and (b) the management organization and the training and qualification program have implemented those improvements to program quality which are referenced in commitments and schedules detailed in the letters and attachments cited above.
G.
Reporting To The Commission Except as otherwise provided in the Technical Specifications or Environmental Protection Plan, HL&P 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 twenty-four (24) hours to the NRC Operations Center via the Emergency Notification System with written follow-up within 30 days in accord-ance with the procedures described 'in 10 CFR 50.73(b), (c), and (e).
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Financial Protection 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.
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Effective Date and Expiration-This licensee is effective as of the date of issuance and 'shall.
expire at midnight on~ August 20
, 2027.
FOR THE NUCLEAR REGULATORY COMMISSION I
Thomas E. Murley, Director Office of Nuclear Reactor Regulation
Enclosures:
1.
Appendix A, Technical Specifications (NUREG-1255) 2.
Appendix B, Environmental Protection Plan 3.
Appendix C, Antitrust Conditions Date of Issuance: August 21, 1987-
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APPENDIX C TO l
l FACILITY OPERATING LICENSE NO. NPF-71 SOUTH TEXAS PROJECT i
i UNITS 1 AND 2 i
HOUSTON LIGHTING & POWER COMPANY, ET AL.
DOCKET NOS. 50-498 AND 50-499 l
ANTITRUST CONDITIONS 1
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CONFORMED December 1980 LICENSE CONDITIONS FOR SOUTH TEXAS PROJECT UNIT NOS. 1 AND 2 l
I.
A.
The following definitions apply to paragraph I.B:
(1)
" Applicants" means severally and jointly Houston Lighting)and Power Company (HLP), Central Power and Light Company (CPL,
City Public Service Board of San Antonio (CPSB), and the City I
of Austin Electric Utility Department (C0A) and any of their i
respective successors, assignees, or subsidiaries engaged in the generation, transmission or the distribution of electric l
power. Where a license conditik is directed to a specific Applicant, that Applicant is identified.
(2)
" South Texas Area" means (a) those counties in which Appli-cant's serve electric customers at wholesale or retail, and I
(b) those other areas, if any, surrounded by the areas in (a) above.
l (3)
" Entity" means an electric utility which is a person, a private or public corporation, a governmental agency or authority, a municipality, a cooperative, or an association l
of any of the foregoing owning, operating, or contractually i
controlling, or proposing in good faith to own, operate, or f
contractually control facilities for generation, transmission or distribution of electric power and energy for the purpose of providing electric utility service.
l (4)
" Bulk Power" means the electric power and/or electric energy supplied or made available at transmission or subtransmission voltages.
(5)
" Costs" means all appropriate operating and maintenance expenses and all owncrship costs where applicable.
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(6) The tenns " connection" and " interconnection" are used inter-changeably.
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B.
The Applicants defined in Paragraph I.A.(1) are subject to the following antitrust conditions:
(1)
(a) CPL shall affor) to the Public Utilities Board of the City of Brownsville an opportunity to participate in the l
South Texas Project, Units 1 and 2, on reasonable terms and conditions and in accordance with the South To.as Project Participation Agreement and on a basis that will I
fully compensate CPL for its actual costs, provided that Appendix C - South Texas l
Brownsville must enter into a firm commitment to acquire the ownership interest made available to it by the terms of this paragraph no later than January 1, 1983.
The ownership interest which CPL shall make available to Brownsville and shall be computed by multiplying CPL's Generation Entitlement Share in STP Units 1 and 2 by the ratio of Brownsville's peal demand for 1980 to CPL's peak demand for 1980.
In the event Brownsville obtains an ownership interest from any Applicant other than CPL, the ownership interest which CPL sust make available to Brownsville hereunder shall be reduced by one megawatt for each megawatt in excess of 12 megawatts that Browns-l ville acquires from other Applicants.
Applicants shall not exercise any rights of first refusal over Brownsville's efforts to participate in the South Texas Project to the extent of the first 50 MW of such ownership share.
(b) CPL shall afford Brownsville reasonable transmission services to enable it to obtain delivery of power from the STP, provided that CPL is fully compensated for its costs of such transmission services plus a reasonable return on investment, and provided further that in the j
event transmission capacity is not available to provide
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such transmission services, the provisions of Paragraph l
I.B (4) hereof define the extent of the obligation which CPL has with respect to the construction of additional transmission facilities necessary to provide such trans-mission service.
(c) CPL will also afford all reasonable coordination services (including but not limited to reserve sharing, backup power, maintenance power and emergency power) necessary I
for Brownsville to have effective access to power from
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STP obtained from CPL, provided that CPL is fully com-l pensated for its costs of providing such coordination services plus a reasonable return on investment.
l (d) Each Applicant shall f acilitate where necessary Browns-
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ville's obtaining the participation interests and services, J
specified in paragraphs 1(a), 1(b), and 1(c) above.
l (2) The Applicants, as long as they are members of the. Texas l
Interconnected Systems (TIS) or any other organization which considers the planning for or operations of ERCOT-TIS elec-tric utilities, shall support reasonable requests by Entities in the South Texas Area having generation capacity for member-ship in TIS or such other organizations.
The Applicants i
shall also propose and actively support, as long as they are j
members thereof, the creation of one or more additional l
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l Appendix C - South Texas i
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, classification of TIS membership, based on non-discriminatory I
criteria to afford access to data, studies and recommendations to all Entities in the South Texas Area who desire membership.
The Applicants shall share information with other Entities with respect to, and shall conduct with other such Entities i
through any electric utility planning organizations of which the Applicants are members, joint studies and planning of future generation, transmission and related facilities; provided, however, that this condition shall not obligate the Applicants to conduct such joint studies or joint planning unless (1)'the studies or planning are requested and carried out in good faith and based on reasonably realistic and reasonably complete data or projections, (2) the studies or planning are reasonably justified on the basis of sound engineerir.g principice, (3) appropriate protection is accorded proprietary or other confidential business and financial information, and (4) the costs of such studies or planning are allocated on a fair and equitable basis.
1 (3) Each Applicant shall particip te in and facilitate the exchange of bulk power by transmission over its own transmission facilities between or among two or more Entities in the South Texas Area with which the Applicant is connected; and between l
any such Entity (ies) and any Entity (ies) outside the South Texas Area between whose facilities the Applicant's trans-mission lines and other transmission lines, including direct current (asynchronous) transmission lines, form a continuous electrical path; provided, that (i) permission to utilize such other transmission lines has been requested by the pro-ponent of the arrangement, (ii) the arrangements reasonably can be accommodated from a functional and technical stand-point, and (iii) any Entity (ies) requesting such transmission arrangements shall have given reasonable advance notice of its (their) schedule and requirements.
Such transmission shall be on terms that fully compensate an Applicant for its costs including a reasonable return on investment; provided, i
however, that such transmission services and the rates to be charged therefor shall be subject to the jurisdiction of the appropriate regulatory agency (ies). Where the rates to be charged art subject to the jurisdiction of an appropriate regulatory authority, the Applicants shall not refuse to provide such transmission services merely because the rate (s) l I
to be chargea therefor are the subject of dispute with such Entity (ies).
An Applicant shall not be required to enter into any arrangement which would unreasonably in> pair system reliability or emergency transmission capacity, it being recognized that while some transmission may be operated fully loaaed other transmission may' be for emergency use and operated either unloaded or partially loaded.
Appendix C - South Texas (4) Each Applicant shall include in its planning and construction programs sufficient transmission capacity as required for the 1
transactions referred to in paragraph I.B.(3) (and I.B.(5) for CPL), provided any Entity (ies) in tre South Texas Area 1
gives an Applicant sufficient advance notice as may be neces-sary to accommodate its (their) requirements from a functional j
and technical standpoint and that such Entity (ies) fully compensates an Applicant for its costs including a reasonable l
return on investment.1/ An Applicant shall not be required to construct transmission facilities if construction of such facilities is infeasible, or if such would unreasonably impair system reliability or emergency transmission capacity.
In connection with the performance of the obligations above, I
an Applicant shall not be foreclosed fran requiring a reason-f able contribution in aid of construction or from making arrangements for coordinated construction of future trans-J mission lines such that each of the parties to the trans-action would own an interest in or a segment of the trans-mission addition in proportion to its st.are of the cost of the addition.
Any such contribution made in aid of construc-tion or ownership interest shall also be properly credited in 3
determining any wheeling charges.
If an Applicant engages in
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joint ownership of transmission lines with any other Entity (fes),
l it shall not refuse to engage in similar transactions in comparable circumstances with other Entities, subject to the provisions limiting an Applicant's obligations above.
(5) CPL shall, upon reasonable advance notice, enter into arrange-ments for the sale of full and partial requirements bulk power pursuant to a filed tariff to any requesting Entity having a non-aggregated generating capacity of 200 megawatts or less under reasonable terms and conditions which shall include a provision for CPL to recover its costs of providing such service plus a reasonable return on investment.
Such tariff shall not require CPL to enter into any arrangement for such sale (s) if (a) it does not have available sufficient bulk power or adequate transmission to provide the requested service; or (b) the sale would impair CPL's ability to render adequate and reliable service to its own customers or its ability to discharge prior commitments.
It is expressly recognized, and such tariff may reflect, that the determination whether suffi-cient bulk power or adequate transmission is available to accom-modate a request for full or partial requirements bulk power will consider and recognize that (1) CPL will be engaging in Nothing ):n this paragraph shall require CPSB or C0A to undertake a T/
action (s Appendix C - South Texas
- - _ - _ _ _ _ _ _ _ _ i centralized economic dispatch with its affiliates in accord-ance with, and pursuant to the requirements of, the Public Utility Holding Company Act of 1935, (2) pursuant to such requirements CPL may first utilize its generating and trans-mission capacity to accomplish such centralized economic dispatch before its generating and transmission capacity is-made available for full or partial requirements bulk power sales under the tariff, and (3) if other CSW system capacity becomes available by reason of CPL's participation in such centralized economic dispatch, then such other C5W system capacity will, at the option of CSW, be made available in lieu of CPL's obligation to provide such capacity. Any curtailment of CPL's full or p. " !al requirements sales shall be on a reasonable and non-discriminatory (where possible) basis.
l (6)
(a)
In connection with the performance of its obligations herein and subject to the provisions of this paragraph, HLP shall not disconnect from or refuse to connect its then-existing or proposed facilities with the fac.ilities of any Entity used or proposed to be used for the trans-mission of electric energy in interstate comerce by reason of the interstate character of such facilities, and HLP will not prevent any Entity with which it main-tains connections' from establishing, maintaining, me?i-fying or utilizing a connection with facilities used or proposed to be used for the transmission of electric energy in interstate connerca by reason of the inter-state character of such facilities, provided that, anything in these license conditions to the contrary notwithstanding (but subject to subparagraphs 6(b) and 6(d) below) any Entity seeking to establish, maintain, modify or utilize any connection which could affect the l
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nonjurisdictional status of HLP under the Federal Power Act shall have filed an application with and used its l
best efforts to obtain an order from the FERC, applicable l
l to HLP under.Section 210, 211 and 212 of such Act, i
requiring the establishment, maintenance, modification l
l or utilization of such connection.
In the event that an l
Entity files an application pursuant to this subparagraph, HPL agrees that it will not unreasonably oppose any such application.
In the event such application is denied by a' valid order of the FERC, any continuing refusal by HLP to estabish, maintain, modify or utilize such connection with such Entity shall be subject to review by the NRC l
in accordance with the Atomic Energy Act of 1954, as amended, and the rules and regulations thereunder, to determine whether any such refusal would create or maintain a situation inconsistent with the antitrust l
l App _endix C - South Texas l
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} laws or the policies thereunder in accordance with the standards set forth in Section 105 of such Act; provided 1
that all factual determinations by the FERC on any cost or system reliability reason (s) fcr any such refusal shall. not be subject to redetermination by the NRC.- The burden of proof will be on the HLF in such NRC proceeding ~.
(b) HLP shall not enter into or maintain any agreement or understanding with any other Entity (ies) or Applicant to refuse to deal with another Entity (ies) or Applicant (s) with the purpose of maintaining a non-jurisdictional status under the Federal Power Act, and in the event that HPL refuses to make an interconnection'with or chooses to disconnect from any Entity (fes), such decision and/or action by HLP will be undertaken unilaterally, not jointly, and without consultation with any other Entity (ies), provided, however, that after HLP decides to undertake such action, it = y.4 ffy any affected Entity of its decision.
(c)
In the event that an Entity files an application pursuant to subparagraph (a) of this paragraph solely by reason of HLP's desire to maintain its non-jurisdictional status under the Federal Power Act, HLP agrees to pay such Entity's reasonable expenses in ccnnection with such application and the ensuing proceeding, 2/ provided, however, that HLP shall. not be required to pay for any.
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expenses of such Entity if that Entity's application is denied by FERC for reasons advccated by HLP at FERC, and i
provided further, that HLP shall cot be required to pay for any costs or expenses of such Entity which that Entity would have incurred had it not file' an applica-tion solely by reason of HLP's desire to maintain its i
non-jurisdictional status under the Federal' Power Act.
c (d) Nothing in these License Conditiors shall impair the right of the Department of Justice or any other Entity, public or private, to file an antitrust action in any
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federal Court in the event any Applicant refuses.to establish, maintain, modify or utilin My connection with any Entity (ies), provided that nc@,Ug.herein shall preclude any Applicant from raising any legal or equitable defense that may be available to it.
T$s obligation shall not apply to the expenses of' Central and South West
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Corporation or Texas Utilities Company or any of their respective sub-sidiaries, including but not' limited to the expenses of CSW and any,of its subsidiaries incurred in FERC Docket No. EL79-8.
Affendix C - South Texas-
--__ (7) HLP agrees to use its best efforts to amend any agreements with all Entities to ensure that such agreements are not inconsistent with paragraphs (6)(a) and (6)(b) hereof.
(8)
If Applicants participate in any future nuclear units other than those which are now under construction or for which an application for a construction permit has been filed, they will afford similar participation to Entities in the South 1
Texas Area on a reasonable basis.
(9) Applicants agree that the reliability of power delivered into TIS-ERCOT over DC asynchronous connections shall not be treated differently by the Applicants, for purposes of spinning and installed reserve calculations and requirements, than would be the case if such power originated within TIS-ERCOT.
Outages on DC asynchronous connections shall be treated by the Applicants in the same way as losses of generation within TIS-ERCOT. Applicants agree to support the adoption of principles involving DC asynchronous connections contained in this paragraph within any TIS or ERCOT organfration.
(10) HLP and CPL shall use their best efforts to modify the Offer of Settlement filed in FERC Docket No. EL79-8 to include each of the undertakings set forth in the letter agreement among HLP, Central and South West Corporation, Texas Utilities Company and the FERC staff, dated September 11, 1980. HLP and CPL shall thereafter use their best efforts to secure approval thereof by the FERC, and shall abide by any valid order (s) of the FERC issued purusant to the Offer of Settle-ment.
Nothing herein shall preclude the Departinent of Justice from instituting or intervening in any proceeding at FERC, including Docket No. EL79-8, and from presenting such argu-ments and evidence that it deems appropriate.
(11) The foregoing conditions shall be implemented (1) in a manner consistent with applicable Federal, state and local statutes and regulations, and~(2) subject to any regulatory agency having jurisdiction.
Nothing herein shall preclude 'the Applicants from seeking an exemption or other relief to which they may be entitled ender applicable law or shall be construed as a waiver of their right to contest the applicability of the license conditions with respect to any factual situation.
Appendix C - South Texas