ML20248J957
| ML20248J957 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 03/31/1989 |
| From: | NRC |
| To: | |
| Shared Package | |
| ML20248J950 | List: |
| References | |
| NUDOCS 8904170165 | |
| Download: ML20248J957 (20) | |
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APPENDIX B o.
P TO FACILITY OPERATING LICENSE NO. NPF-71 SOUTH TEXA5" PROJECT, W
i UNITS 1 AND 2 HOUSTON LIGHTING & i'0WER COMPANY, ET AL.
I DOCKET NOS. 50-498 AND 50-499 w
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ENVIRONMENTAL PROTECTION PLAN i
(NONRADIOLOGICAL) l MARCH 1989 l
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8904170165 890328
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'PDR ADOCK 05000499 P
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. i SOUTH TEXAS PROJECT,
UNITS 1 AND 2 ENVIRONMENTAL PROTECTION PLAN j
(NONRADIOLOGICAL)
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l TABLE OF CONTENTS i
Section I
Page 1.0 Objectives of the Environmental Protection Plan............1-1 2.0 Environmental Protection Issues..........t.................
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3.0 Consistency Requirements................................... 3-1 3.1 P lant De s i gn and Operation................................. 3-1 3.2 Reporting Related to the NPDES Permit and State l
Certification............................................ 3-2 3.3. Changes Required for Compliance with Other Environmental Regulations.............................................. 3-3 Environmental Conditions.................................. 4-1 4.0 4.1 Unusual or Important Environmental Events..................
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4.2 Environmental Monitoring................................... 4-1 5.0 Administrative Procedures.................................. 5-1 5.1 R e v i ew a n d A u d i t........................................... 5-1 5.2 Records Retention.......................................... 5-1 5.3 Changes in Environmental Protection Plan...................
5-2 5.4 Pla nt Reperting Requ irements............................... 5-2 o
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i 1.0 Objectives of the Environmental Protection Plan The Environmental Protection Plan (EPP) is to provide for protection of nonradiological environmental values during operation of the nuclear facility.
4 The principal objectives of the EPP are as follows:
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,i (1) Verify that the facility is operated in an environmentally acceptable j
manner, as established by the Final Environmental Statement. Operating Licensing Stage (FES-OL) and other NRC environmental impact assessments.
j (2) Coordinate NRC requirements and maintain consistency with other Federal, State and local requirements for environmental protection.
1 (3) Keep NRC infomed of the environmental effects of facility construction i
i and operation and of actions taken to control those effects.
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Environmental concerns identified in the FES-OL which relate to water quality matters are regulated by way of the licensee's NPDES pemit.
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t 2.0 Environmental Protection Issues In the FES-OL dated August 1986 (NUREG-1171), the staff cetidered the environmental impacts associated with the operation of the South Texas Project l
Unit Nos. I and 2.
No aquatic / water quality, terrestrial, er noise issues were identified.
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3.0 Consistency Requirements l
1 3.1 Plant Design and Operation The licensee may make changes in plant design or operation or perfort tests or experiments affecting the environment provided such activities do not involve an unreviewed environmental question and do not involve a change in the EPP*.
Changes in plant design or operation or performance of tests or experiments which do not affect the environment are not subject to the requirements of this EPP. Activities governed by Section 3.3 are not subject to the require-ments of this Section.
1 Before engaging in additional construction or operational activities which may significantly affect the environment, the licensee shall prepare and record an 4
environmental evaluation of such activity. Activities are excluded from this requirement if all measurable nonradiological environmental effects are
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confinea to the on-site areas previously disturbed during site preparation and I
plant construction. When the evaluation indicates that such activity involves l
l an unreviewed environmental question, the licensee shall provide a written evaluation of such activity and obtain prior NRC approval. When such activity involves a change in the EPP, such activity and change to the EPP may be.
implemented only in accordance with an appropriate license i.mendment as het forth in Section 5.3 of this EPP.
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- This provision does not relieve the licensee of the requirements of 10 CFR 50.59.
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j A proposed change, test or experiment shall be deemed to involve an unreviewed environmental question if it concerns:
()) a matter which may result in a significant increase in any adverse environmental impact previously evaluated in the FES-OL, environmental impact appraisals, or in any decisions of the A.omic Safety and Licensing Board; or (2) a significant change in effluents or power level; or (3) a matter, not previously' reviewed and evaluated in the docunents specified in (1) of the Subsection, wnich may
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have a significant adverse environmental impact.
The licensee shall maintain records of changes in plant design or operation and of tests and experiments carried out pursuant to this Subsection. These records shall include written evaluations which provide bases for the deter-mir.; tion that the change, test, or experiment does not involve an unreviewed environmental question or constitute a decrease in the effectiveness of this EPP to meet the objectives specified in Section 1.0.
The licensee shall include as part of the Annual Environmental Operating Report (per Subsection 5.4.1) brief descriptions, analyses, interpretations, and evaluations of such changes, tests and experiments.
3.2 Reporting Related to the NPDES Permit and State Certification Changes to, or renewals of, the NPDES Permit or the State certification shall-be reported to the NRC within 30 days following the date the change or renewal is approved. If a permit or certification, in part or in its entirety, is I
appealed and stayed, the NRC shall be notified within 30 days following the date the stay is granted.
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3 The Ifcensee shall notify the NRC of changes to the effective NPDES Permit proposed by the licensee by providing NRC with a copy of the proposed change at the same time it is submitted to the permitting agency. The licensee shall provide the NRC a copy of the application for renewal of the NPDES Permit at the same time the app 1tcation is submitted to the permitting agency.
3.3 Changes Required for Compliance with Other Environmental Regulations e
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Changes in plant design or operation and performance of tests or experiments which are required to achieve compliance with other Federal, State, and local environmental regulations are not sub,iect to the requirements of Section 3.1.
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' 4.0 Environmental Conditions f
a 4.1 Unusual or Important Environmental Events
.7 Any occurrence of an unusual or important event that indicates or could result in significant environmental impact causally related to plant operation shall 1
(he recorded and raported to the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> followed by a written report per Subsection 5.4.2.
The following are examples: ensite plant or anieel disease outbreaks; mortality or unusual occurrence of any species pro-t tected by the Endangered Species Act of 1973; fish kills; increase in nuisance
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organisms or conditions; and unanticipated or emergency discharge of waste water or chemical substances.
e No routine monitoring programs are required to implement this condition.
4.2 Environmental Monitoring i
4.2.1 Aquatic Monitoring The certifications and permits required under the Clean Water Act provide mechanisms for protecting water quality and, indirectly, aquatic biota. The s
NRC will rely on the decisions made by the U.S. Environmental Protection Agency and the state of Texas under the authority of the Clean Water Act for any requirements for aquatic monitoring.
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4.2.2-Terrestrial Monitoring 1
i No terrestrial monitoring is required.
l 4.2.3 Noise Monitoring No noise monitoring is required.
4.2.4 Fog Monitoring l
The licensee shall provide to the NRC the results of the fog monitoring i
program as described in Section 6.2.4.2 of Amendment 10 to the Environmental Report dated June 16, 1987. The report shall be provided within a reasonable time after completion and documentation of the results of the program.
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5.0 Administrative Procedures i
5.1.
Review and Audit The licensee shall provide for the review and audit of compliance with the EPP.
The audits shall be conducted independently of the individual cr. groups responsible for performing the specific activity. A description of the organization structure utilized to achieve the independent review and audit function and results of the audit activities shall be maintained and made available for inspection.
5.2.
Records Retention Records and logs relative to the environmental aspects of station operation shall be made and retained in a manner convenient for review and inspection.'
These records and logs shall be made available to NRC on request.
Records of modifications to station structures, systems and components f
determined to potentially affect the continued protection of the environment shall be retained for the life of the station. All other records, data and 4
logs relating to this EPP shall be retained for five years or, where appli-cable, in accordance with the requirements of others agencies.
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5.3 Changes in Environmental Protection Plan Requests for changes in the EPP shall include an assessment of the environ-l mental impact of the proposed change and a supporting justification. Imple-mentation of such changes in the EPP shall not connence prior to NRC approval of the proposed changes in the form of a license amendment incorporating the appropriate revision to the EPP.
5.4 Plant Reporting Requirements ~
5.4.1 Routine Reports An Annual Environment-1 Operating Report describing implementation of this EPP for the previous year shall be submitted to the NRC prior to May 1 of each year. The period of the first report shall begin with the date of issuance of the Operating License for Unit 1, and the initial report shall bi submitted prior to May 1 of the year following issuance of the Operating License for Unit 1.
The report shall include summaries and analyses of the results of the environ-mental protection activities required by Subsection 4.2 (if any) of this EPP for the report period, including a comparison with related preoperational '
studies, operational controls (as appropriate), and previous nonradiological environmental monitoring reports, and an assessment of the observed impacts of the plant operation on the environment. If harmful effects or evidence of 5-2 J
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trends toward irreversible damage to the environment are observed, the licensee shall provide a detailed analysis of the data and a; proposed course c
of mitigating action.
The Annual Environmental Operating Report shall also include:
J (1) A list of EPP noncompliance and the corrective actions taken to
k remedy them.
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l (2) A list of all changes in station design or operation, tests, and
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experiments made in accordance with Subsection 3.1 which involved a potentially significant unreviewed environmental question.
(3) A list of nonroutine reports submitted in accordance with Subsection
'5.4.2.
In the event that some results are not available by the report due date, the
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l report shall be submitted noting and explaining the missing results. The missing results shall be submitted as soon as possible in a supplementary 1
report.
5.4.2 Nonroutine Reports A written report shall be submitted to the NRC within 30 days of occurrence of a nonroutine event. The report shall:
(a) describe, analyze, and evaluate I
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I the event, including extent and sugnitude of the impact, and plan; operating characteristics; (b) describe the probable cause of the event; (c) indicate i
the action taken to correct the reported event; (d) indicate the corrective action taken to preclude repetition of the event and to prevent similar occur-rences involving similar components or systems; and (e) indicate the agencies notified and their preliminary responses.
' Events reportable under this subsection which also require reports to other i
Federal, State or local agencies shall be reported in accordance with those reporting requirements in lieu of the requirements of this subsection. The NRC shall be provided with a copy of such report at the same time it is sub-1 mitted to the other agency.
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I CONFORNED
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Y December 1980 i
l LICENSE CONDITIONS FOR SOUTH TEXAS PROJECT
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UNITS NOS.1 AND 2 I.
A.
The following definitions apply to paragraph I.B:
(1) '" Applicants" swans severally and jointly Houston Lighting)a Power Company (HLP) Central Power and Li ht Company (CPL,
i City Public Service Board of San Antonio CPSB), and the City j
of, Austin Electric Utility Department (C0 ) and any of their j
respective successors, assignees, or subsidiaries engaged in i
'the generation, transmission or the distribution of electric j
power. Where a license condition is directed to a specific 1
Applicant, that Applicant is identified.
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(2) " South Texas Area" means (a) those' counties in which Appli-cant's serve electric customers at wholesale or retail, and l
(b) those other areas, if any, surrounded by the areas in (a)above.
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(3) " Entity" means an electric utility which is a person, a l
private or pub?ic corporation, a governmental agency or l
authority, a municipality, a cooperative, or an association of any of the foregoing owning, operating, or contractual 1y controlling, or proposing in good faith to own, operate, or contractually control facilities for generation, transmission 2
or distribution of electric power and energy for the purpose of providing electric utility service.
(4) " Balk 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 ownership costs where applicable.
(6) The terms " connection" and " interconnection" are used inter-changeabiy.
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The Applicants defined in Paragraph I.A.(1) are subject to the l
following antitrust conditions:
(1) (a) CPL shall afford to the Public Utilities Board of the [
City of Brownsville an opportunity to participate in the South Texas Project Units I and 2, on reasonable terms and conditions and in accordance with the South Texas 1
Project Participation Agreement and on a basis that will fully compensate CPL for its actual costs, provided that Appendix C - South Texas
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Brownsville must e' iter 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 I and 2 by the ratio of Brownsville's peak 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-ville acquires from other Applicants. Applicants shall-not exercise any rights of first refusal over Brownsv111e's i
efforts to participate in the South Texas Project to the i
extent of the first 50 W of such ownership share.
l (b) CPL shall afford Brownsville reasonable transmission i
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 provide further that in the event transmission capacity is not available to provide such transmission services, the provisions of Paragraph I.B.(4)hereofdefinetheextentoftheobligationwhich CPL has with respect to the construction of additional i
transmission facilities necessary to provide such trans-aiission 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 for Brownsville to have effective access to power from STP obtained from CPL, provided that CPL is fully com-pensated for its costs of providing such coordination services plus a reasonable return on investment.
(d) Each Applicant shall facilitate where necessary Browns-ville's obtaining the participation interests and services
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specified in paragraphs 1(a),1(b), and 1(c) above.
(2) The Applicants, as long(as they are members of the TexasTIS)
Interconnected Systems considers the planning for or operations of ERC07-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 shall also propose and actively support, as long as they are members thereof, the creation of one or more additional Appendix C - South Texas 2
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classifications of TIS sembership, based on non-discriminatory criteria to afford access to data, studies and recorzendations j
to all Entities in the South Texas Area who desire membership.
1 The Applicants shall share information with other Entities with respect to, and shall conduct with other such Entities 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 App 1tcants 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 (2) the studies or.
realist'ic and reasonably complete data or projections, planning are reasonably,
engineering principles, (justified on the basis of sound
- 3) appropriate protection is
' accorded proprietary or other confidential business and financial information, and (4) the costs for such studies or
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planning are allocated on a fair and equitable basis.
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1 (3) Each Applicant shall participate 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 1
any such Entity (ies) and any Entity (1es) outside the South Texas Area between whose facilities the Applicant's trans-mission lines and other transmission lines, including direct 4
current (asynchronous) transmission lines, form a continuous electricalpath;provided,that(1)permissiontoutilize such other transmission lines has been requested by the pro-ponent of the arrangement, (ii) the arrangements reasonably can be acconnodated from a functional and technical stand-point, and (iii) any Entity (ies) requesting such transmission i
arrangements shall have given reasonable advance notice of its(their)scheduleandrequirements. Such transmission i
shall be on terms that fully compensate an Applicant for its j
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 are subject to the jurisdiction of an appropriate regulatory authority, the Applicants shall not refuse to provide such transmission services merely because the rate (s) to be charged therefor are the subject of dispute with sut:h "
Entity (ies). An Applicant shall not be required to enter -
into any arrangement which would unreasonably impair system reliability or emergency transmission capacity, it being recognized that while some transmission may be operated fully loaded other transmission may be for emergency use and operated either unloaded or partially loaded.
Appendix C - South Texas M mW m a r-w&m m..
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5 (4) Each Applicant shall include in its planning and construction programs sufficient transmission capacity as required for the transactions referred to in parag)raph I.B.(3) (and;I.B.(5) for CPL), provided any Entity (ies in the South Texas Area gives an Applicant sufficient advance notice as may be neces-sary to accomodate its (their) requirements from a functional and. technical standpoint and that such Entity (ies) fully.
compensates an App 1tcant for its costs including a reasonable return on investment.1/ An Applicant shall not be required to construct transmission facilitias 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 an Applicant shall not be foreclosed from requiring a reason,-
able contribution in aid of construction or from making arrangements for coordinated construction of future trans-mission Ifnes 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 share of the cost of the addition. Any such contribution made in aid of construc-tion or ownership interest shall also be properly credited in determining any wheeling charges. If an Applicant engages in joint ownership of transmission lines with any other Entity (ies),
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
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include a provision for CPL to recover its costs of providing such service plus a reasonable return on investment. Such tariff shall not re such sale (s) if (a) quire CPL to enter into any arrangement for 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 comitments.
It is expressly recognized, and such tariff may reflect, that the determination whether sufff-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
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Nothing in this paragraph shall require CPSB or C0A to undertake any 1
action (s) which may be contrary to any state constitutional provision.
Appendix C - South Texas
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centralized economic dispatch with its affiliates in accord-r 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 tarrif, and (3) if other CSW system capacity becomes available by reason of CPL's participation in such centralized economic dispatch,f CSW, be made evailable in then such other CSW system capacity will, at the option o i
lieu of CPL's obligation to provide such capacity.' Any curtailment of CPL's full or partial requirements sales shall
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be on a reasonable and non-discriminatory (where possible) basis.
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(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 facilities 1
of any Entity used or proposed to be used for the trans-mission of electric energy in interstate commerce 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, rodf-fying or utilizing a connection with facilities used or proposed to be used for the trtnemission of electric energy in interstate comerce by reason of the inter-state character of such facilitcas, provided that, anything in these license conditions to the contrar notwithstanding (but subject to subparagraphs 6(b) y '
and 6(d) below) any Entity seeking to establish, maintain.
modify or utilize any connection which could affect the nonjurisdictional status of HLP under the Federal Power Act shall have filed an application with and used its best efforts to obtain an order from the FERC, applicable
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to HLP under Sections 210, 211 and 212 of such Act, requiring the establishment, maintenance, modification.
or utilization of such connection. In the event that an Entity files an application pursuant to this subparagraph.
HPL agrees that it will not unreasonably oppose any such
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application.
In the event such application is denied by a valid order of the FERC, any continuing refusal by;HLP to establish, maintain, modify or utilize such connection with such Entity shall be subject to review by the NRC in accordance with the Atomic Energy Action 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 Appendix C - South Texas
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laws or the policies thereunder in accordance with the standards set forth in Section 105 of such Act; provided that all factual determinations by the FERC on any cost or system reliability reason (s) for any such refusal shall not be subject to redetermination by the NRC. The burden of proof will be on the HLP in such NRC proceeding.
(b) HLP shall not enter into or maintain a agreement or understanding with any other Entity (ie 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 HLP refuses to make an interconnection with or chooses to disconnect from any Entity (ies), such decision' and/or action by HLP will be undertaken unilaterally, not jointly, and without consultation with any other i
Entity (ies), provided, however, that after HLP decides to undertake such action, it may notify 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 connection with such application and the ensuing proceeding, 2/ provided, however, that HLP shall not be required To pay for any expenses of such Entity if that Entity's application is denied by FERC for reasons advocated by HLP at FERC,,and provided further, that HLP shall not be required to pay for any costs or expenses of such Entity.phich that Entity would have incurred had it not filed an applica-tion solely by reason of HLP's desire to maintain its non-jurisdictier.al status under the Federal Power Act.
(d) Nc'.hing in these License Conditions shall impair the right of the Department of Justice or any other Entity, public or private, to file an antitrust action in any Federal Court in the event any Applicant refuses to establish, maintain, modify or utilize any connection l
with any Entity (ies), provided that nothing herein shall preclude any Appifcant from raising any legal or equitable defense that may be available to it.
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TMs obligation shall not apply to the expenses of Central and South West 2
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.
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h (7) HLP agrees to use its best efforts to amend any agreements with all Entities to ensure that such agreements are not i
inconsistent with paragraphs (6)(a) and (6)(b) hereof.
i (8) If Applicants participate in arny future nuclear units other l
than those which are now under construction or for which an application for a construction pennit has been filed, they will afford similar participation to Entities in the South Texas Area on a reasonable basis.
(9) Applicants agree that the reliability of power delivered into TIS-ERCOT cver 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-ERC07.
' 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 organization.
(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 pursuant to the Offer of Settle-ment. Nothing herein shall preclude the Department 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 appitcable 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 under 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.
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