ML20094A230

Requests That NRC Certify That Pollution Control Facilities Being Financed in Furtherance of Abatement or Control of Water Pollution,Atmospheric Pollutants or Contaminants

ML20094A230
Person / Time
Site:	Grand Gulf
Issue date:	11/02/1984
From:	Knotts J BISHOP, COOK, PURCELL & REYNOLDS, MIDDLE SOUTH UTILITIES, INC.
To:	Harold Denton Office of Nuclear Reactor Regulation
References
TAC-56198, NUDOCS 8411060336
Download: ML20094A230 (20)

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1 LAW OrricEs or 1 SIS HOP, LIB ERM AN,' COOK, PU RCELL & R EYNOLDS 1200 SEVENTEENTH STREET, N.W. IN NEW voRM WAS HINGTON, D.C.2O O36 elsHOP. LleERMAN & Coon (202)857-9800 sans AvCNuE or THE AMERICAS N,'W voRM. N EW YORM 10036 TELEX 440574 INTLAW Us (2ias 704-oioo TELEX 222767 WRITE R'S OtRECT DI AL (2 o=> 857-9831-November 2, 1984 Mr. Ilarold R. Denton Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, DC 20555 Re: In the Matter of Mississippi Power & Light Company, Grand Gulf Nuclear Station, Unit 1, Docket No. 50-416.

Dear Mr. Denton:

In early December, 1984, Claiborne County, Mississippi plans to issue pollution control revenue bonds ("PCRB's"),

the proceeds from the sale of which will be used to finance the ownership interest of Middle South Energy, Inc. ("MSE")

in certain pollution control facilities at Grand Gulf Nuclear Station, Unit No. 1. In order to satisfy the pertinent re-quirements of the Internal Revenue Code and Internal Revenue ~

Service Regulations (Sl.10 3-8 (g) (2) (i) ) , MSE requests that the NRC certify that the pollution control facilities being financed ~are in furtherance of the abatement or control of water pollution or atmospheric pollutants or contaminants.

The NRC has previously certified other Grand Gulf fa-cilities financed by previous series of PCRB's (letter from Edson G.-Case, Jr., dated December 21, 1983, copy attached).

For your convenience, we are enclosing a form of In Furtherance certification, with attached description of the facilities.

0411060336 841102 PDR ADOCK 05000416 I ppg q4 y

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Mr. Harold R. Denton November 2, 1984 Page Two We understand that this form is consistent with that cur-rently being used by the NRC in connection with certifications for other facilities. We are also enclosing a resolution adopted by the Board of Supervisors of Claiborne County, Mississippi, dated October 29, 1984, which confirms and declares the County's intention to issue the PCRB's for this project.

As I indicated in my conversation with Mr. Case of November 1, 1984 and Mr. Kintner of November 2, 1984, we request that you issue the In Furtherance Certification no later than November 18, 1984, in order to permit the financing to proceed in early December as scheduled. Please let me know if you require any further information.

Sincerely, m6-eph B. Knotts, Jr.

Counsel for Middle South Energy Inc.

JBK:kkm Enclosures (3) cc: Mr. E. Case Mr. E. Jakel Mr. L. Kintner i

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LIST OF ATTACHMENTS Attachment 1 - December 21,.1983 Certification Attachment 2 - Form of.In Furtherance Certification for November 1984 Certification with

- Attachment " General Description of Facilities" Attachment 3 - Resolution of Claiborne County, Mississippi to issue pollution control revenue bonds for Middle South Energy Inc. Project h'

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• gR Rf e ' #o, UNITED STATES

< -! n NUCLEAR REGULATORY COMMISSION

$ $ WASHINGTON D. C. 20555

\...../ DEC 21 1983 Mr. Troy B. Conner, Jr.

Conner & Wetterhahn, P.G.

1747 Pennsylvania Avenue, N.W.

Washington, D.C. 20006 In the Matter of MISSISSIPPI POWER AND LIGHT COMPANY (Grand Gulf Nuclear Station, Unit 1)

Docket No. 50-416

Dear Mr. Conner:

In response to your letter of September 16, 1983, the NRC Staff has reviewed (1) the Resolution adopted on June 10, 1983, by the Board of Supervisors of Claiborne May 12, 1983, County, Mississippi, and (2) the Internal Revenue Service ruling of pertaining to the Grand Gulf Nuclear Station Project. We are satisfied that the portions of the Grand Gulf Nuclear Station, Unit 1, for which you have requested NRC certification are " pollution control facilities".

Accordingly, the attached certificate has been executed.

Copies of your request and this response along with the IRS ruling of May 12, 1983, and the June 20, 1983 Resolution adopted by the Board of Supervisors of Clairborne County, Mississippi, will be available for inspection at the local public document room (Hinds Junior College, George M. McLendon Library, Raymond, Mississippi) and at the Commission's Public Document Room at 1717 H Street, N.W., Washington, D.C.

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Edson G. Case Deputy Director Office of Nuclear Reactor Regulation

Enclosure:

As stated cc w/ enclosure:

Service List t ., - - - - ---

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r Grand Gulf Mr. J. P. McGaughy Vi ce President Nuclear Production Mississippi Power & Light Company P. O. Box 1640 -

Jackson, Mississippi 39205 cc: Robert B. McGehee, Esquire Wise Carter, Child, Steen and Caraway P. O. Box 651 Jackson, Mississippi 39205 Troy B. Conner, Jr., Esquire Conner and Welterhahn 1747 Pennsylvania Avenue, N. W. ~

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,ashington, W D. C. 20006 Mr. J. F. Fager, Senio Vice President Middle South Energy, Inc.

225 Baronne Street P. O. Box 6100 New Orleans, Louisiana 10161 Mr. Larry Dale Mississippi Power & Light Company P. O. Box 1640 Jackson, Mississippi 39205 Mr. R. W. Jackson, Project Engineer Grand Gulf Nuclear Station .

, Bechtel Power Corporation '

Gaithersburg, Maryland 20760 Mr. Alan G. Wagner Resident Inspector Route 2 Box 150 Port Gibson, Mississippi 39150 I

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Docket No. 50-416 Grand Gulf Nuclear Station, Unit 1 CERTIFICATE I, Edson G. Case, Deputy Director, Office of Nuclear Reactor Regulation of the United States Nuclear Regulatory Commission, being duly authorized, certify as follows:

.(1) The Resolution adopted by the Board of Supervisors of Claiborne County, Mississippi, entitled " Resolution Authorizing the Filing of Petition with the Mississippi Board of Economic Development for Approval of the Issuance of Pollution Control Revenue Bonds in Principal Amount not to Exceed One Hundred Million Dollars ($100,000,000) and for Related Purposes" has been submitted to the NRC by counsel for Mississippi Power and Light Company

("theApplicant"). The Resolution contains a project description of Grand Gulf Nuclear Station (both Units 1 and 2).

i (2) The Resolution describes, among other things, the following systems in

" Grand Gulf Nuclear Station, Unit 1:

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- 2-(a) The closed loop cooling water system; (b) The components of the radwaste and other waste systems .(including the Oily Waste and themical Waste systems); and (c) .The Skyshine Shielding System.

(3) Applicant's counsel has requested that, the NRC certify that certain of the systems listed in paragraph (2) above, as designed, are in furtherance of the purpose of controlling water pollution and atmospheric pollutants, respectively.

Acting as a duly authorized representative of the NRC, I hereby certify that, the systems in Unit 1, enumerated in paragraph (2) above, as designed, are in furthernce of the purpose of controlling water pollution and atmospheric nts.

FOR Tile NUCLEAR REGULATORY C0lWISSION

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Dated at Bethesda, Maryland #

this y day of December 1983 a

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CERTIFICATE GRAND GULF NUCLEAR POWER STATION, UNIT 1 POLLUTION CONTROL FACILITIES e

The Nuclear Regulatory Commission hereby certifies as

=follows:

(a) that it has examined 3xhibit A attached hereto which is entitled " General Description of the Facilities" and which describec certain facilities which have been constructed, are under construction or are to be constructed at the Grand Gulf Nuclear Power Station, Unit 1, a nuclear electric power generating p)--t located in Claiborne County, Mississippi, which

p.  : is owned in part by Middle South Energy, Inc.

(b) that such facilities, as designed, are in furtherance of the purpose of abating or controlling atmospheric pollutants or contaminants or water pollutants resulting from the generation of electricity ,

at the Grand Gulf Nuclear Power Station, Unit 1.

For the Nuclear Regulatory Commission By:

Office of Nuclear Roactor Regulation L Dated at this day of , 1984.

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EXilIBIT A j l

Liquid waste Systems The, Liquid Waste Systems include the-Roactor Water Cleanup System, the Liquid Radwaste System, and the portion of the Radwaste Building (77.7% of the financeable cost) that is for liquid wasto systems.

The Reactor Water Cleanup System includes pumps, heat exchangers, filter domineralizers, strainers and tanks necessary to provide continuous purifying _ treatment of the reactor water. i The portion of this system that is financeable is the equipment  ;

required to collect the backwash liquid waste which would normally go to drains.

Thn Liquid RadwaLtc System includes three primary subsystems (equipment drains, floor drains, and chemical waste processing)  !

which are designed to control, collect, store, process, treat and dispose of low level radioactive liquid wastes. This system was i designed according to governmental regulations to moot radioactivity protection standards far in excess of standards necessary for safety.

A hypothetical A1tornato Syntom has been designed which would still easily moot all safety standardn. This Alternato System in far .

, loss expensivo to construct than the exieting nyntom. The portion

of the Liquid Radwanto System that is financoablo in the incremontal portion of the existing system's cost that is above the total cost  ;

I of the Alternate Cyctcm.

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- $ b-J Gaseous Waste Systems The Gaseous Waste Systems include the Turbine Building ventilation-System and the portion of the Radwaste Building allo-.

cated to gaseous waste.

-The Turbine Building Ventilation System consists of heating, ventilation, and cooling systems designed to provide an environment with controlled temperature and humidity. The portion of this system that is included in the financeable cost is the exhaust collection and exhaust ductwork, exhaust filters,_ fans and radia-tion monitors.

The portion of the Radwaste Building (8.0% of the financeable cost) that is for gaseous waste contains systems that treat and -

dispose of radioactive gaseous wastes that are generated in the Radwaste Building.

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Solid' Waste Systems The Solid Waste Systems include the spent resin regenerative portions of the Makeup Water Treatment System and the Condensate Cleanup System,-and parts of the Radwaste Building.

The function of the Makeup Water Treatment System is to provide demineralized water for the plant. The portion of this system that is included in the financeable cost is the spent resin regeneration equipment. This equipment consists of :cid tanks, caustic tank, acid and caustic transfer pumps, caticas and anions tank waste piping to drains, caustic dilution water heater tank and sulfuric acid day tank.

Equipment has been added to regenerate spent demineralizer resins that would otherwise be discarded as solid radioactive waste. The equipment including tanks, pumps, and valves, is financeable as solid waste equipment. This equipment is found in the condensate cleanup system and the solid waste portion of the

- liquid radwaste system.

The portion of the Radwaste Building (14.3% of the financeable cost) that is for solid waste contains systems that collect, store, package, and prepare radioactive solid waste for disposal.

Spent resin is unusable and of no value. The company does not' expect to sell, or to be able to sell, spent resin at any price.

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Spent Fuel Storage Facility Spent nuclear fuel and fuel assemblies are stored and disposed of in the Spent. Fuel Storage Facility. Due to current industry and

, regulatory conditions, spent 1 nuclear fuel is a solid waste with no current value or use. Only that portion of the fudl handling system used for spent fuel atorage is. included in the scope of the exempt facilities.

The portions of this syste: that are-included in the financeable cost are the spent fuel pool, 1 ners, high density fuel storage racks in the' spent fuel pool-and'the additional spent fuel pool cooling and cleaning capacity required for the spent fuel pool.

Also included in the financeable cost of the Spent Fuel Storage Facility is that portion of the auxiliary building that is dedicated to spent fuel storage and handling. The areas of the building that are included consist of the spent fuel platform and 150 ton crane,.

spent fuel pool, spent fuel transfer canal, shipping cask pool, cask washdown area, and spent fuel cask handling area. The rail-road car fuel cask loading bay and equipment are also included as

. well as the railroad spur into the fuel building because they are also dedicated to spent fuel handling and disposal.

The company does not expect to sell, or to be able to sell, spent nuclear fuel and fuel assemblies at any price.

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E Energy Service Center Sanitary System The Sanitary System consists of facilities for the Energy Services Center that are designed to treat and dispose of sewage.

It is sized to serve 350 persons with a load criterion of 33,947 gallons per day.

The portion of this system that is financeable consists of all sanitary waste piping in the Energy Services Center and the sanita;;y waste pipe from the Center to the Treatment Pl ant. The Sanitary Waste Treatment Plant itself is not included n the financeable cost because it has been in service for more than a year.

The Board of Supervisors took up the matter of issuance of the pollution control revenue bonds of Claiborne County, Mississippi, in the principal amount not to exceed - Two Hundred Thirty-Five Million Dollars (S235,000,000) to defray tne cost of acquiring certain pollution control facilities to be used for the elimination, mitigation and/or prevention of air and water pollution at the Grand Gulf Nuclear Station located within the Issuer in Claiborne~ County, Mississippi. The Clerk reported that-pursuant to the resolution adopted October 23, 1984, Notice of Mississippi Board of Economic Develcpment Approval for Pollution Control Project and Issuance of Revenue Bonds was published on October 25, 1984 in the Port Gibson Reveille, a newspaper i

published and having general circulation in Claiborne County, Mississippi, and qualified under the provisions of Section 13 31, Mississippi Code of 1972, as evidenced by the publisher's

, affidavit and proof of publication which was thereupon ordered to be filed in the minutes of the Governing Body as follows:

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PUBLISHER'S OATH yeamism Osmaret

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assessee STATE OF MIS 8ISSIPPI, Claiborne County.

el Rename 8*eds Personany appeared ..U.,LL before the mdersiq ..f L ef OniW.

that pursuant to beesus ......................I C_,.......

6 17 101 417123, W of said County. --

. c._k ,. . d d[.L gCode ofIM the MisalemippiM one of the Pub!!shers of The Reveille, a v.eekly cews;

,g R ed and published in the tout of Port Gibson,in s; d n:Inty and

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W ta be used k due state. who, being duly sworn dep:)ses and says that 2a d news.

mitigatlem and/or preves>

of sir and ater at the paper has been established for more than tweteve months net' prior to Erst publication mentforel below; and who further rnakes oath that publication of a notice, of which, the arnexed andhasM is a copy, has bee ade in sa'd peper rersecutivel . to-witj ,

%, pollumen On the..k ... day of.. b. . . . .

eintrol in ggy, On th e.. . . _ .. . . . day o f. .. . . . . . . . . . . . . . . ... . . . .

Thirty-F Million Dollars W ,ive , On the. . . . . . . _ _ _ d ay of. . . . . . . .. _ .. . . . . . . . . . . . . . . . . .

On the.......... day of. . .. .... .. . .._

af iborne County E=iasippi. On the......... . pay of. . . . .... . . . . .... ..... ._.

E Oct, h.bd.h ... i. Publishtr it. And 1 All d .. .* (.1 O ....

do hereby cert *fy that the pspers cont:.:r.ing said notice hue been produced before me, and by me compared with the copy an-nexed, and that I find the proof of pubHcation thereM to be correctly made. C,./

3 Witncss my hand and seal. thk ay o kl

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_' LC/4 _ ' b?)..s q g . -- E ; ,3 MTn y 22,1986 Notary pubne Fees and prnof of publication 4.1b[A.... ...

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-j Af ter a discussien of the subject, 'the following resolution was introduced in writing,' read, and discussed:

RESOLUTION DECLARING THE INTENTION OF CLAIBORNE COUNTY, MISSISSIPPI, TO ISSUE POLLUTION CONTROL REVENUE BONDS

-(MIDDLE SOUTH ENERGY, INC. PROJECT): OF CLAIBORNE COUNTY, MISSISSIPPI, IN PRINCIPAL. AMOUNT.NOT TO EXCEED TNO HUNDRED THIRTY-FIVE MILLION DOLLARS ($235.000,000)

. TO DEFRAY THE COST O! ACQUIRING POLLUTION CONTROL FACILITIES AND TO HOLD A. PUBLIC HEARING REGARDING THE SAME, AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH INTENTION AND PUBLIC HEARING- ON POLLUTION ' CONTROL PROJECT AND BONDS.

NHEREAS, the Board of Supervisors = of Claiborne County, Mississippi (the " Governing Body") acting for and on behalf 'of said County (the " Issuer"), does hereby find, determine and adjudicate as follows:

-1. The-Issuer is a public body corporate and politic and a political subdivision'of the State of Mississippi,' duly organized and existing under the Constitution and laws of the State of-Mississippi, and a " municipality" as defined-in Sections 49 101 through 49-17-123, Mississippi Code of 1972 (the "Act").

2. . The Issuer is authorized by the Act to acquire, purchase and construct pollution control facilities as defined in the Act, to issue ' bonds for the purpose of defraying the cost of such facilities, and to enter into contracts for the lease and/or sale of such facilities to an industry;

3. Pursuant to its authority under the Act the Issuer on i April 3, 1974 entered into a Memorandum of Agreement (the

\ " Original Agreement") with Mississippi Power & Light Company, a corporation organized and existing under the Constitution and laws of the State of Mississippi and.an " industry" as defined in the Act - ("MP&L") , whereunder the Issuer agreed to issue its pollution control revenue bonds in principal amount not to exceed

$500,000,000 and to use the proceeds from the sale of said bonds for the acquisition and construction of certain pollution control facilities to be used for the elimination, mitigation and/or prevention of air and water pollution (the " Project") to be

- located at the Grand Gulf Nuclear Station located within the l

2 Issuer, and thereafter to lease or sell the Project to MPsL: on 3

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March 6, 1978, the Issuer, MP&L and Middle South Energy, Inc.,'a corporation organized and existing under the constitution and laws of the State of Arkansas, authorized to do business in the State 'of Mississippi znd an " industry" as defined in - the Act

("MSE"), entered into an Assignment and Supplemental - Memorandum Agreement whereunder MP&L assigned to MSE all its rights under the Original Agreement and MSE assumed all obligations of MP&L under the Original Agreement and the Issuer reaffirmed its undertakings under the Original Agreement for the benefit of MSE and released MP&L from all further obligations under the Original Agreement; on September 5, 1979, the Issuer and MSE entered into a Second Assignment and Supplemental Memorandum Agreement relating to the Project; on September 28, 1981, the. Issuer, MP&L and MSE entered into a Third Assignment and Supplemental Memorandum , Agreement which reaffirmed 'the undertakings of the Issuer and MSE with respect to the Project; on September 8, 1983,

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the Issuer and MSE entered into a Fourth Supplemental Memorandum of Agreement, which extended until Octobet 1, 1984, the date set forth in Susparagraph 4(a) of the Original Agreement, as supplemented; on September 13, 1984, the Issuer and MSE entered into a Fifth Supplemental Memorandum of Agreement, which extended until December 31, 1985, the date set forth in Subparagraph 4(a) of the Original Agreement, as supplemented.

4. The pollution control facilities comprising the Project are generally described as follows:

Liquid Waste Systems The Liquid Waste Systems include the Reactor Water Cleanup System, the Liquid Radwaste System, and the portion of the Radwaste Building (77.7% of the financeable ccst) that is for liquid waste systems.

The Reactor Water Cleanup System includes pumps, heat exchangers, filter demineralizers, strainers and tanks necessary to provide continuous purifying treatment of the reacter water.

The portion of this system that is financeable is the equipment 4

required- to collect. the backwash liquid waste which would normally go to drains.

The Liquid Radwaste System includes three primary subsystems (equipment drains, floor drains, and enemical waste precessing) which are designed to control, collect, store, process, treat and despose of Icw level radioactive liquid wastes. This system was designed according to governmental regulations to meet radioac-tivity protection standards far in excess of standards necessary for: safety. A hypothetical Alternate System has been designed which would.still easily meet all safety standards. This Alter-nate System is far less expensive to construct than the existing system. The portion of the Liquid Radwaste System that is financeable is the incremental portion of the existing system's cost that is above the total cost of the Alternate System.

Gaseous Waste Systems The Gaseous Waste Systems include the Turbine Building Ventilation System and the portion of the Radwaste Bailding allocated to gasecus waste.

The Turbine Building Ventilation System consists of heating, ventilation, and cooling systems designed to provide an environment with controlled temperature and humidity. The portion of this system that is included in the financeable cost is the exhaust collection and exhaust ductwork, exhaust filters, fans and radiation monitors.

The pcreion of the Radwaste Building (8.0% of the finance-able cost) that is for gaseous waste contains systems that treat l

and dispose of radioactive gaseous wastes that are generated in the Radwaste Building.

Solid Waste Systems The Solid Waste Systems include the spent resin regenerative.

portions of the Makeup Water Treatment System and the Ccndensate Cleanup System, and parts cf the Radwaste Building The function of the . Makeup Water Treatment System is to-provide demineralized water for the plant. The portien of this j 5  ;

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system that is included in the - financeable cost is the spent resin regeneration equipment. This equipment consists of acid tanks, caustic tank, acid and caustic transfer pumps, cations and anions tank waste piping to. drains, caustic dilution water heater tank and sulfuric acid day tank.

. Equipment has been added to regenerate spent demineralizer resins that would otherwise be discarded as sclid radioactive waste. The equipment including tanks, pumps, and valves, is financeable as solid waste equipment. This equipment is found in the condensate cleanup system and the solid waste portion of the liquid radwaste system.

The portion of the Radwaste Building (14.3% of the finance-able cost) that is for solid waste contains systems that collect, store, package, and prepare radioactive solid waste for disposal.

Spent resin is unusuable and of no value. The company does not expect to sell, or to be able to sell, spent resin at any price.

Scent Fuel Storace Faaility Spent- nuclear fuel and fuel assemblies are- stored and disposed of in~the Spent Fuel Storage Facility. Due to current industry and regulatory conditions, spent nuclear fuel is a solid waste with no current value or use. Only that portion of the fuel handling system used for spent fuel storage is included in the scope of the exempt facilities.

The portions of this system that are included in the financeable cost are the spent fuel pool, liners, high density fuel storage racks in the spent fuel pool and the additional spent fuel pool cooling and cleaning capacity required for the spent fuel pool.

Also included in the financeable cost of the Spent Fuel Storage Facility is that portion of the auxiliary building that is dedicated to spent fuel storage and handling. The area of tne building that are included consist of the spent fuel platform and 150 ton crane, spent fuel pool, spent fuel transfer canal, 6

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shipping cask pool, cask washdown area, and spent fuel cask handling area. The railroad car fuel cask loading bay and equipment are also included as well as the railroad spur into the fuel building because they are also dedicated to spent fuel handling and disposal.

The company does not expect to sell, or to be able to sell, spent nuclear fuel and fuel assemblies at any price.

Energy Service Center Sanitary System The Sanitary System consists of facilities for the Energy Services Center that are designed to treat and dispose of sewage.

It is sized to serve 350 persons with a load criterion of 33,947 gallons per day.

The portion of this system that is financeable consists of all sanitary waste piping in the Energy Services Center and the sanitary waste pipe from the Center to the Treatment Plant. The Sanitary Waste Treatment Plant itself is not included in the financeable cost because it has been in service for more than a 4

year.

5. The Issuer, as authorized by resolution of the Governing Body adopted October 3, 1984, did file with the Mississippi Board of Economic Development (the " Board") its petition for approval of certain pollution control facilities designed and to be used for the elimination, mitigation and/or prevention of air and water pollution at the Grand Gulf Nuclear Station of MSE located within the Issuer and for approval to issue its pollution control revenue bonds in principal amount not to exceed Two Hundred Thirty-Five Million Dollars ($235,000,000) for the purpose of defraying the cost thereof.

6. On October 5, 1984, the Bureau of Pollution Control of the Mississippi Department of Natural Resources did certify that the proposed pollution control facilities are necessary and that the design and' construction thereof will result in the elimina-tion, mitigation and/or prevention of air and water poliation.

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7 On October 18, 1984, the B:ard adopted an order approv-ing the proposed pollution centrol facilities and the issuance of the pollution control revenue bonds of the Issuer.

8. Pursuant to a resolution adopted by the Governing Body of the Issuer en October 23, 1984, notice of the Board's approval was published on October 25, 1984, in the Pcrt Gibson Reveille, a newspaper published- and of general circulation in Claiborne County, Mississippi and qualified under the provisions of Section 13-3-31r Mississippi Code of 1972.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY, ACTING FOR AND ON BEHALF OF THE ISSUER, AS FOLLOWS SECTION 1. That pursuant to the authority and proceedings set forth in the preamble, the Governing Body, for and on behalf of the Issuer, does hereby declare its intention to issue Pollu-tien Control Revenue Bonds (Middle South Energy, Inc. Project) of the Issuer in principal amount not to exceed Two Hundred Thirty-Five Million Dollars ($235,000,000) (the " Bonds") to defray the cost of acquiring an undivided interest in the Project, which is to be installed at the Grand Gulf Nuclear Station of MSE located within Claiborne County, Mississippi about six to seven miles Northwest of Port Gibson in Supervisor's District 2 of Claiborne County, Mississippi, situated in Sections 1, 2, 3, 4, 5, 6, and 32, Township 12 North, Range 1 East and Section 7, 8, 11, 12 and 30, Township 12 North, Range 2 East, and thereafter to sell such undivided interest in the Project to MSE; that such Bonds are and will continue to be payable as to principal, interest, and redemption premium, if any, solely out of and will be secured by (i) an irrevocable pledge of the revenues to be derived from the sale of an undivided interest in the Project, and (ii) a pledge or security interest in any other sums which may be received fecm or in connection with the Project or which may otherwise be lawfully pledged or assigned or otherwise made available to the Trustee for such purpose under any Indenture securing the Bonds; that the Bonds and the interest thereon will be limited cbliga-tions of the Issuer and shall never constitute an indebtedness of 8

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the Issuer. within the meaning cf any constitutional provision or statutory limitation of the State of Mississippi, and shall never constitute nor.give rise to any pecuniary liability of the Issuer or a charge against-its general credit or taxing power,'nor shall the Issuer be- obligated to pay - the Bonds or the -interest or I redemption premium, if any, thereon except ' frem revenues to be derived from the sale of an undivided interest in the Project, and any other sums which'may be received frca or in connection with the Project or which may otherwise be pledged or assigned or available to the Trustee as aforeiaid; that the Bonds may be issued in one or more' series, shall nature or become payable at such time or times not exceeding thirty . (30) years from their date, shall be ' subject to such _ terms of redemption, shall be payable at such place or' places, and shall bear interest at such

, rate or rates as the Governing Body of the Issuer and MSE shall agree upon withcut limitation, may contain'such other provisions not inconsistent with the Act as the Issuer may determine, and shall be sold at public or private sale at such price and in such manner.and.at such time or from time to time as may be determined by the Governing Body of the Issuer and MSE to be most advantageous, all of which shall be provided in the proceedings-authorizing the issuance of the Bonds.

2 SECTION 2. That a public hearing with respect to the issuance of the Bonds in the amount and for the purpose aforesaid shall be held by the Governing Body at their usual meeting place in the County Courthouse in the City of Port Gibson, Mississippi, at the hour of 11:00 o' clock a.m. on November 26, 1984, in order to provide a reasonable opportunity for persons with differing views on both the issuance of the Bonds and the location and nature of the Project to be heard: that following such hearing, 4

or at some meeting subsequent thereto, the Governing Body shall l' consider and vote on authorizing the issuance of the Bonds in the 1'

j amount and for the purpose aforesaid if twenty percent (20%), or fifteen nundred (1500), whichever is less, of the qualified

electors of the Issuer shall file a written protest with the 9

Clerk of this Governing Body againtt the issuance of such Bonds on or before the aforesaid date and hour, then no bonds shall be issued unless approved at an election on the question of the issuance of such bonds called and held as is provided by laws if no protest be filed, then such bonds may be issued without an election on the question of the issuance thereof, at any time within a period of six (6) years after October 18, 1934, the date of approval of the Bonds by the Board.

SECTION 3. That'this resolution shall be published once a week for at least three (3) consecutive weeks in the Port Giosen Reveille, a newspaper published in and having a general circulation in Claiborne County, Mississippi; that the first publication of this resolution snall be made not less than twenty-one (21) days prior to November 26, 1984, and the last

- publication shall be made not more than seven (7) days prior to such date.

SECTION 4. That the Clerk of this Governing Body shall be and is hereby directed to procure from the publisher of the aforesaid -newspaper the customary proof of the publication of this resolutica and have the same before this Governing Body on the date and hour specified in Section 2 hereof.

Supervisor dJ moved to adopt the foregoing resolution, seconded by Supervisor , and the question being put to a roll call vete, the result was as follows:

Supervisor voted:

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Supervisor voted:

h Supervisor QM voted:

Supervisor voted k Supervisor voted:

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9 The motion having received. the affirmative vote of all the members present, the President of the Board declared the motion carried and the resolution adopted en this the 29th day of October, 1984.

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Presid6nt, Board of Supervisdrs Claiborne County, Mississippi a ATTE : A True Cop rClerk, soard d /d .1mmu k supervisom k

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