ML20246F147

Settlement Agreement.* Certificate of Svc Encl

ML20246F147
Person / Time
Site:	Limerick
Issue date:	08/25/1989
From:	Corbin McNeil, Stone D LIMERICK ECOLOGY ACTION, INC., PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:
Shared Package
ML20246F088	List: ML20246F086 ML20246F101 ML20246F147
References
GL-88-20, OL-2, NUDOCS 8908300176
Download: ML20246F147 (9)

Text

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UNITED STATES-OF AMERICA 89 EG 25' P2 :42 '

NUCLEAR REGULATORY ~ COMMISSION 1 s

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In the' Matter.of ) Docket Nos. 50-352-OL 2'

) 50-353-OL-2 .l Philadelphia Electric Company ) .

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) (Severe Accident j (Limerick Generating Station, ) Mitigation Design Units 1 and 2) ) Alternatives) j s

.1 SETTLEMENT AGREEMENT WHEREAS, the United States Court of Appeals for the' j 3,  :

Third Circuit issued:an' opinion on February 28, 1989 grant-

'ing, inter alia, a petition for review filed by Limerick i Ecology .. Action (" LEA") in Limerick Ecology Action, Inc. v.

.NRC, Nos.- 85-3431, 86-3314 and 87-3508, ordering the' Nuclear l Jr Regulitory ' Commirsion ("NRC" or " Commission") to consider ] l i

' severe accident mitigation design ' alternatives ("SAMDAs")

l for the: Limerick Generating Station; and

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'WHEREAS,.the Commission issued'an Order on May 5, 1989 requiring 'further proceedings before an Atomic Safety and- .j u Licensing Board in compliance with the Opinion of the Court of Appeals and a prehearing conference before the duly i appointed Atomic Safety and Licensing Board was conducted on i June 6, 1989 in furtherance of the Order of the Commission; i and WHEREAS, the Philadelphia Electric Company ("PECO") is  !

the owner' and operator of the Limerick Generating Station, t

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Units 1-and 2, and whereas Unit 1'is operating and Unit 2 is

-ready to' receive'a full power operating license; and li.-

WHEREAS,. Limerick Ecology' Action is-a party-intervenor-in.the remand proceeding ~; and WHEREAS, on November-23, 1988, the NRC issued Generic Letter No. 88-20 which requirec each utility _ operating a nuclear power plant to initiate an Individual Plant Examination ("IPE") to identify any plant--specific -

. vulnerabilities- to- severe accidents and to- report the results to the Commission on a schedule described therein;-

l '~ WHEREAS, LEA. and Philadelphia Electric Company ' agree that settlement of'all the issues in the - manner described herein is in the best interest of each party; NOW THEREFORE PHILADELPHIA ELECTRIC COMPANY AND LIMERICK ECOLOGY. ACTION IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND AGREEMENTS CONTAINED HEREIN AND INTENDING TO BE LEGALLY BOUND, HEREBY AGREE AS.FOLLOWS:

1. PECO and LEA shall execute in good faith the-programs, ' plans, commitments and agreements contained in this Settlement Agreement (" Agreement").

2. PECO shall add an individual designated by LEA and qualified in.the field of nuclear power plant technology, including probabilistic risk assessment methodology, to its IPE outside review team consisting of expert individuals from outside the Company. The purpose of the outside review team is to critically review, and make recommendations relating to the IPE process and results for the Limerick r -- _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . - _ _ _ _ _ _ _ _ _ _

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LGenerating Station.- PECO shall have the right to reasonably.

' screen:the? individual selected'by LEA for qualification and conflict of interest considerations'.

'3. 'PECO'shall pay; reasonable and necessary consulting-

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'. fees and expenses .for the dcsignated individual at his or-L .her customary rate.

4.- The individual designated by'. LEA shall' have com-g plete. access to'all written material and individuals within the Company and' consultants associated with the IPE process,.

and- shall be. able to attend: all meetings and briefings related .to .the. IPE outside review team process' .and participate . in escorted tours of the . facility, subject to execution of customary agreements relating to nondisclosure

. of proprietary - material, and security, safety,. fitness for.

duty,. radiological protection, and similar considerations to

-the same extent as other members of the outside review team.

The individual designcted . by LEA shall not use any of the information obtained from PECO or its consultants or work-product in any other forum in a manner adverse to the

' interests of PECO.

5. The individual designated by LEA shall be permitted to discuss his work and views relating to the status, progress and results of the IPE with persons associated with the PECO IPE effort for Limerick and LEA and, to the extent.

such individual deems necessary, to have his separate views included within the documentation associated with the IPE i

. process for consideration by PECO management and by the NRC.

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The: outside . review team'ls' responsibilities shall ' cease upon submittal of the final IPE report to the'NRC.

6. PECO shall include-consideration of improvements.to.

existing methods of venting, such as discharging the exist-ing 6 inch vent outside the enclosure' where it presently terminates, as part of the IPE process.

7. PECO shall

evaluate and implement,'as appropriate to the Limerick-specific design,'certain modifications which have been . implemented at the Pilgrim Nuclear Generating Station, i.e.,. plugging .certain drywell spray nozzles, if necessary, and provide the ability to crosstie the -fire

' water: system into the Residual Heat Removal System to permit the diesel operated fire pump. to serve as an alternative

-drywell spray source. At the conclusion of its evaluation, PECO shall ' describe in writing - to LEA its -plans for the modifications to be made pursuant to this paragraph.

8. PECO shall describe in writing to LEA the status of the. implementation of Emergency Procedure Guidelines ("EPG")

Rev. 4 into its . Transient Response Implementation Plan

- procedures and the schedule for full implementation of EPG Rev. 4, currently scheduled for the end of 1989. PECO commits to full implementation of EPG Rev. 4 within a reasonable period o; zime.

.9. PECO represents that it has made modifications i

related to the improvement of the reliability of the  !

Automatic Depressurization System (" ADS") at the Limerick Generating Station based upon the recommendations of

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2, Assessment of. Severe -Accident ;j Prevention'_and Mitigation Features:1BWE, Mark II Containment .

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g modifications relating to the ADSLit.has made. , :l g,

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.10 . - PECO shall describe in' writing to LEA the steps it' i i

has - taken' to reduce the' number of scrams associated with i

Limerick ' operation and, as - to scrams that may occuri the- ,

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formal. program--for investigating and taking corrective j action to assure that they do not recur.  !

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11. PECO. shall evaluate independently of .

the IPE ,j process the need to' replace any chatter prone relays and .j breakers in risk significant systems with chatter-resistant i

designs and implement those modifications warranted as the result. of its evaluation. The evaluation shall commence ~ .j >

.within 45 days of the effective date of this Agreement. At~ 1 the conclusion of'its evaluation, PECO'shall describe its j

l evaluation and plans regarding chatter prone relays. and j i

breakers to LEA in writing.

'12 . PECO shall evaluate the potential need for other .!

risk reduction measures during the course of the IPE pro-cess.

13. PECO shall evaluate seismic design risk reduction possibilities, including the need for modifications to the 1 reactor enclosure and control structure wall, as part of the 4 i

IPE process.

14. PECO - shall give a representative, designated in l

writi'ng by LEA and to be escorted by a PECO employee, access b;

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to' the tLimerick Generating-. Station with 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> written notice . to ' the - Plant ~ Manager, Limerick Generating Station, P.~O.-. Box A, Sanatoga,J. Pennsylvania 19464, for the, purposes offa site tour of-reasonable duration. Such~ tour is' subject'

' only to' restrictions,on access related.to safety, security,

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radiologi' cal protection, and similar considerations'.

access shall"be limited to no more than semiannually in the.

calendar . years 1990 and 1991 and once per quarter in the calendar -years 1992,'and 1993. Thereafter, no .right of.

access!under this Agreement shall exist.

f 15. PECO shall-provide to a designated representative of- LEA 'a copy of all licensing-related documents and correspondence from it to the NRC relating to Limerick Generating Station, with reasonable -dispatch, for a period of 4-years from the date of execution of this Agreement.

'16. PECO shall make contributions to community.

recycling programs for educational programs promoting tne-energy savings of recycling and' energy -ef ficient practices

-in' the total amount of $10,000.00 to be chosen by it.

.However, at least $5,000.00 shall be designated for Recycling Services, Inc. of North Coventry Township for such programs. Within 15 days of the effective date of this Agreement, LEA shall submit a list of additional projects for consideration under this paragraph. All contributions under this paragraph shall be made within 45 days of the termination of this proceeding by the presiding Atomic Safety and Licensing Board.

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.17.' PECO shall make a payment to LEA in the amount of i: ~$55,000.00 to reimburse it for costs associated with the SAMDA proceeding, such payment not to . be used 'for any purpose hostile to the current or future interests of PECO.

Paymentof this amount to. LEA shall be-made within 45 days.

after~ termination of the SAMDA. proceeding by the. presiding Atomic Safety and Licensing Board.

18. . LEA ' shall withdraw . from the .SAMDA . proceeding and

'shall make no further filings in this proceeding except as are necessary to execute this Paragraph; and shall. request dismissal of the proceeding with prejudice. LEA shall expeditiously take all actions reasonably necessary to

-accomplish the end of terminating litigation relating to.the SAMDA matter before the Licensing Board. In this' regard, LEA shall execute the Joint. Motion for Termination of Proceedings attached'to this Agreement concurrently with.the execution of this Agreement for submission to the presiding Atomic Safety and Licensing Board.

19. LEA shall not challenge directly or indirectly any matter related to SAMDAs, risk reduction, or the IPE process or results related to Limerick Generating Station before the NRC, any successor to such agency, or before any court.

20. LEA shall not oppose issuance, either before the NRC or any court, of a full power operating license for Limerick Unit 2 or otherwise challenge its validity.

21. LEA shall designate to PECO in writing a representative to receive correspondence and other written

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material- prepared pursuant to this Agreement.- All-L correspondence relating to this~ Agreement directed to PECO shall. be ~ sent ' to Director of ' Licensing, . Nuclear Group, g Philadelphia Electric Company, 955 Chesterbrook Boulevard, Wayne, Pennsylvania'19087.

22. Any modifications or other measures required to=be thken by PECO under this Agreement shall be contingent on

obtaining any- required NRC approvals, and any necessary:

modifications ~ -made pursuant' to this Agreement may -be scheduled such that construction and testing coincides with planned refueling or other planned outages as time permits.

23. By executing this Agreement .neither party acknowledges or admits the correctness of any other party's

_ position on any matters related to this ' proceeding or any other proceeding regarding the Limerick Generating Station.

24.. This Agreement' supersedes all '

prior representations, negotiations and understandings of .the parties hereto, whether oral or written, and constitutes the entire agreement of the parties with respect t'o matter hereof. This Agreement shall not be changed or superseded, except by mutual agreement in writing signed by the duly authorized representatives of LEA and PECO. This Agreement shall be binding on and inure to the benefit of any successors or assigns of the parties. It is expressly understood, however, that nothing in this Agreement shall j prevent the Company from fulfilling any legal or regulatory requirement of the NRC, or-its successors, whether contained

in the NRC Operating License or other-1stter or directive of such Commission, its successors or representatives, whether oral or in writing.

25. This Agreer.ent shall he effective upon execution by both parties.

26. The undersigned warrant and represent that they are authorised to execute this Settlement Agrasmant on behalf of their respective party.

FOR PHILADELPHIA ELECTRIC COMPANY-Date r h2{/fW '

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Cornin A. McNeill, J r'.

Senior Vice President - Muclear FOR LIMERICK ECOLOGY' ACTION, INC.

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. in the NRC Operating License or other letter or directive of l such Commission, its successors or representatives, whether 4 oral or in writing.

25. This Agreement shall be effective upon execution by both parties.

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26. The undersigned warrant and represent that they are authorized to execute this Settlement Agreement on behalf of their respective party. l TOR PHILADELPHIA ELECTRIC COMPANY Date Corbin A. McNeill, Jr.

Senior Vice President - Nuclear FOR LIMERICK ECOLOGY ACTION, INC.

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UNITED STATES OF AMERICA W

j NUCLEAR REGULATORY COMMISSION

\ i In the Matter of ) Docket Nos. 50-352-OL-2

) 50-353-OL-2 Philadelphia Electric Company )

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) (Severe Accident l ) Mitigation Design (Limerick Generating Station, ) Alternatives)

Units 1 and 2)

CERTIFICATE OF SERVICE I hereby certify that copies of " Joint Motion for Termination of Proceedings" dated August 25, 1989 in the captioned matter have been served upon the following by deposit in the United States mail this 25th day of August, 1989:

• Morton B. Margulies, Esq.

• Atomic Safety and Licensing Atomic Safety and Board Panel Licensing Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555

• Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Appeal Panel Licensing Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555

• Joseph Rutberg, Esq.

• Frederick J. Shon Counsel for NRC Staff Atomic Safety and Licensing Office of the General j Board Panel Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 l

• Edward J. Cullen, Esq. j Philadelphia Electric Company i 2301 Market Street l Philadelphia, PA 19101 l r

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• Charles W. Elliott, Esq.. Gregory E. Dunlap, Esq.

Poswistilo, Elliott & Deputy General Counsel

~Elliott Commonwealth of Suite 201 Pennsylvania 1101 Northampton Street 17th Floor Harristown'II Easton, PA 18042 333 Market Street Harrisburg, PA 17101 Hr. Ralph Hippert Robert L. Anthony Pennsylvania Emergency P. O. Box 186 Management Agency Moylan, PA 19065 8151 - Transportation Safety Building Harrisburg, PA 17120 Michael B. Hirsch, Esq. ** Samuel J. Chilk, Secretary Federal Emergency U.S. Nuclear Regulatory Management Agency Commission 500 C Street, S.W. Washington, D.C. 20555 Washington,.D.C. 20472 Theodore G. Otto, Esq. ** Docketing and Service Department of Correctinos Section Office of Chief Counsel U.S. Nuclear Regulatory P. O. Box 598 Commission Camp Hill, PA 17011 Washington, D.C. 20555 Angus Love,1Esq

• Adjudicatory File (2)

Montgomery County Legal Atomic Safety and Licensing Aid Board Panel Docket 317 Swede Street U. S. Nuclear Regulatory Norristown, PA 19401 Commission Washington, D.C. 20555 j '

MarkLO. Wetterhahn

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