ML20003C140

Response to ASLB 810102 Order,Reporting Steps Necessary to Complete Termination of Proceeding,Estimated Dates of Completion & Any Relevant Info.Certificate of Svc Encl

ML20003C140
Person / Time
Site:	Davis Besse
Issue date:	02/18/1981
From:	Silberg J SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-CP, NUDOCS 8102260698
Download: ML20003C140 (7)

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February 18, 198i

& q UNITED STATES OF AMERICA p D,

-ocM NUCLEAR REGULATORY COMMISSION - T h D gg 2 01981 P BEFORE THE ATOMIC SAFETY AND LICENSING BOARD -

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In the Matter of ) g

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THE TOLEDO EDISON COMPANY, et al. ) Docket Nos. 50-500 CP

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Units 2 and 3: Termination of )

Proceedings) )  %

9 IEB THE TOLEDO EDISON COMPANY's REPORT 4 2 ~ IO8/ A l2 TO THE LICENSING BOARD ON STEPS b

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NECESSARY TO TERMINATE PROCEEDING i

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g O' On January 2, 1981, the Licensing Board issued an orde w The Toledo Edison Company, et cl. and the Commission Staff to file with the Board a brief report. detailing the steps necessary to complete termination of this proceeding; the estimated dates for completing such steps; and any other information relevant to the completion of the proceeding. The Toledo Edison Company hereby responds to the Board's Order. -

On August 9, 1974, Toledo Edison filed applications for construction permits for the Davis-Besse Units 2 and 3 pressur-ized water reactors. After an evidentiary hearing on environ-mental'and site suitability matters, the Licensing Board issued an Initial Decision on December 31, 1975, LBP-75-75, 2 NRC 993, in which it concluded that the proposed site was a suitable location for the reactors. On the same date, the Director, Office of Nuclear Reactor Regulation, issued pursuant to 10 CFR 550.10 (e) (1) ,

a Limited Work Authorization (LWA-1) to conduct site preparation 9 $0S I

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activities and installation of construction buildings and sup-port facilities and dewatering for certain facility structures.

Toledo Edison requested on May 25, 1978 a second Limited Work Authorization (LWA-2) to conduct subsurface preparation activities at the site for the installation of structural founda-tions for certain safety-related structures. The activities in question included exploratory drilling and remedial greuting in the areas where the containment, auxiliary' building and turbine building were to be located. Following an evidentiary hearing, the Licensing Board issued on August 30, 1978 a Supplemental Partial Initial Decision authorizing issuance of LWA-2. LBP-78-29, 8 NRC 284. The Director, Office of Nuclear Reactor Regulation issued LWA-2 on September 13, 1978. Toledo Edison has conducted certain work at the site as authorized by LWA-1 and LWA-2.

On January 24, 1980, counsel for Toledo Edison wrote to the i

Chairman of the Atomic Safety and Licensing Appeal Board and re-quested that the Appeal Board terminate any further proceedings in these dockets because the Company had decided to cancel plans

, for construction of the reactors. The Appeal Board notified l

Toledo Edison on January 30, 1980, that no action would be taken on its request until the Company advised whether it intended to

! withdraw the construction permit applications. On February 13, 1980, the Staff filed with the Appeal Board a " Response to Ap-plicants' Request for Termination of Proceedings" in which it asked the Appeal Board to hold in abeyance any ruling on the re-

quest for termination until completion by the Staff of its eval-uation of the conditions at the site resulting from work per-formed pursuant to the LWAs.

On November 17, 1980, Toledo Edison's Vice President - Nuclear wrote to the Director of the Office of Nuclear Reactor Regulation advising that Toledo Edison and its co-owners "hereby withdraw

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their joint Application for Licenses before the Muclear Regula-tory Commission". On November 26, 1980, he submitted to the Office of Nuclear Reactor Regulation a description of the status of work undertLken under the LWA's and " plans to redress portions of the Davis-Besse Nuclear Power Station site affected by the Davis-Besse Units 2 and 3 construction activities".

On December 1, 1980, the Appeal Board issued a Memurandum t and Order, ALAB-622, NRC , in which it removed from its docket all matters relating to Davis-Besse 2 and 3. The Appeal Board noted that the full termination of the proceeding must be l

issued by the Licensing Board upon the Company's request, after according the Staff a " reasonable opportunity to propose any l

conditions which its inspection of the. current state of the site might suggest be attached to the termination order".

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ALAB-622, slip op. at 5.

On December 23, 1980, the Company filed with the Licensing Board a " Motion for Termination Of Proceedings", in response to l

which the Board issued the above referenced January 2, 1981 p

Order.

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On January 13, 1981, Staff inspectors conducted a special inspection of the Davis-Besse 2 and 3 site to ascertain the degree and status of restoration of all site changes made by Applicants under the LWAs. Their report was issued on January 16, 1981 (Report Nos. 50-500/81-01; 50-501/81-01), a copy of which is attached hereto. The inspection revealed no deviations from commitments made by Toledo Edison (Exhibit A, Report at 1).

The Staff inspectors reviewed the Company's plan for redressing the site and found it acceptable. Report at 5. The plan will improve the site to a condition that will encourage wildlife to the area, and is intended to have a positive impact on the natural environment. Id.

The above chronology shows that all the requirements for termination of this licensing proceeding, as outlined by the Appeal Board in ALAB-622, have now been satisfied. The Company has moved the Licensing Board to terminate all proceedings in these dockets. The Staff has performed an inspection of the site and agrees that the-plan for redressing the site is accept-l able. Therefore, the only step necessary to complete termination i of'this proceeding is issuance by the Board of an Order, pursuant to 10 CFR 52.107 (a) , dismissing the construction permit applica-tions in these dockets and terminating this proceeding. Toledo

l. Edison respectfully requests that such an Order be issued as soon as practicable. It is our-understanding that the Staff is sug-gesting that a condition be included in such Order that the plans L

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for redressing the site be satisfactorily completed. The Company would not object to such a condition provided that the termination of the proceeding be made effective upon issuance of the order.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By (

• Jay . ilberiJ j Counsel for The Toledo Edison Company 1800 M Street, N. W.

Washington, D. C. 20036 (202) 822-1000 Dated: February 18, 1991 t

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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THE TOLEDO EDISON COMPANY, et al. ) Docket Nos. 50-500 CP

) 50-501 CP (Davis-Besse Nuclear Power Station, )

Units 2 and 3: Termination of )

Proceedings) )

CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing "The Toledo Edison Company's Report to the Licensing Board on Steps Necessary to Terminate Proceeding" was served by deposit in the United States Mail, First Class, postage prepaid, this 18th day of February, 1981, to all those on the attached Service List.

i lA Jay (p. Silb' erg f.

Dated: February 18, 1981 l

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SERVICE LIST h.=v Mr. B. Paul Cotter, Jr.

Chairman Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. Cadet H. Hand, Jr.

Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. David L. Hetrick Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 ,

Atomic Safety and Licensing Appeal Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Marjorie Ulman Rothschild Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555 GEE Docketing and Service Section

. Office of the Secretary U. S. Nuclear Regulatory Commission Washington, D. C. 20555 1

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Docket No. 50-500 Docket No. 50-501 j AN 3 3 h, f'j jd/s "

Toledo Edison Company LJLtict%b -

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<x-ATTN: Mr. Lowell E. Roe Vice President y_ 4", .

Facilicies Development , #, / 1,,

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Edison Plaza 300 Madison Avenue

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v; Toledo, OH 43652 Gentlemen: ,

This refers to the special inspection conducted by Messrs. W. . Grant and C. E. Jones of this office on Jar.uary 13, 1981, of the Davis-Besse construction site in terms of LWA activities undertaken and action, if any, to return the site to pre-LWA conditions, and to the discussion of our findings with Mr. Eichenauer of your staff at the conclusion of the inspection.

The enclosed copy of our inspection report identifies areas examined during the inspection and the status of construction activity concerning the LWAs. Within these areas, the inspection consisted of a tour of the site and observations of site features.

No deviations from commitments which you have made in the LWAs were identified during the course of this inspection.

In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosed inspection report will be placed in the NRC's Public Document Room, except as follows. If this report contains information that you or your contractors believe to be proprietary, you must apply in writing to this office, within twenty-five days of the date of this letter, to withhold such information from public disclosure. The application must include a full statement of the reasons for which the information is considered proprietary, and should be prepared so that proprietary information identified in the application is contained in an enclosure to the application.

ASSIGNMENT COPY O STATION LEAD

$' POWER. ENGINEERING &

CCNS TRUCTiON LEAD O OTHER p p g o (-

DATE RESPONSE DUE MM -

ASS!GNED BY _M DATE //b- 7/ 'Q[ol.N

Toledo Edison Company -

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We will gladly discuss any questions you have concerning this inspection. .

Sincerely, A

W. L. Fisher, Acting Chief Fuel Facility and Materials Safety Branch

Enclosure:

IE Inspection Reports No. 50-500/81-01 and No. 50-501/81-01 cc w/ encl:

Central Files

• Reproduction Unit NRC 20b PDR Local PDR NSIC

• TIC Harold W. Kohn, Power Siting Commission Helen W. Evans, State of Ohio o

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U.S. NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT REGION III Reports No. 50-500/81-01; 50-501/81-01 Docket Nos. 50-500; 50-501 License No. Pre-CP Licensee: Toledo Edison Company Edison Plaza 300 Madison Avenue Toledo, OH 43652 ,

Facility Name: Davis-Besse Nuclear Power Station, Units 2 and 3 Inspection At: Davis-Besse Site, Oak Harbor, Ohio Inspection Conducted: January 13, 1981 Inspectors: W. B. Grant / /V /

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1. - / 0 '* 8 8 Approved By: C. J. P eriello, Chief p avironmental and Special l .

u Projects Section i

Inspection Summary: .

Inspection on January 13, 1981 (Reports No. 50-500/81-01; 50-501/81-01)

Areas Inspected: A special, announced inspection was conducted to ascertain the degree and status of restoration of all site changes made under the Limited Work Authorizations (LWA's), and the condition of the site and the acceptability of this condition. The inspection was performed in response to a request by memorandum, A. B. Davis to C. J. Paperiello, dated December 8, 1980. The inspectors also reviewed the applicant's proposed plan for restoring the site. This plan had been transmitted to B. J. Youngblood, Division of Licensing by letter dated November 26, 1980.

This inspection involved a total of six inspector-hours onsite by two NRC inspectors.

Results: No deviations from commitments were identified during the l inspection.

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DETAILS

1. Persons Contacted Principal Licensee Employee G. W. Eichenauer, Quality Engineering Supervisor United Engineers and Constructors, Inc.

l R. Yoder, Acting Nuclear Construction Manager

. R. Ferretti, Project Engineer

2. Functional er Program Areas Inspected

a. Background On January 23, 1980, the applicant announced that companies in the Central Area Power Coordinating Group (CAPCO), co-owners of the Davis-Besse Nuclear Power Station, Units 2 and 3, had announced their decision to cancel plans for construction of these units. By letter dated January 24, 1980, Applicant's Counsel requested that the Atomic Safety and Licensing Appeal Board terminate any further proceedings on these dockets. A letter from the Nuclear Reactor Regulation, dated November ~3, 1980, requested the applicant to request a formal withdrawal of the application and provide information concerning the status of work on the project and any plans Toledo Edison may have to t

redress the site.

On November 17, 1980, Toledo Edison formally submitted a with-drawal of its application. As an attachment to the letter, the l~

l applicant provided a description of the status of work authorized under the Limited Work Authorizations and plans to redress portions of the Davis-Besse Nuclear Power Station site affected by the Davis-Besse Units 2 and 3 construction activities.

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The inspectors ' vere informed by the applicant that the majority of the redress work will be finished by the end of 1981.

b. Status of Site Restoration The status of work performed under the LWA's is essentially as l

. documented in IE Report Nos. 50-500/79-02; 50-501/79-02 and

! 50-500/80-01; 50-501/80-01. -A more detailed breakdown of the i activities identified by the associated Limited Work Authori-l zation and presented by the applicant in a November 26, 1980 i letter to B. J. Youngblood is documented below.

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Site Redress of the Davis-Besse Nuclear Power Station Areas Affected by Units 2 and 3 Construction Activity The original Davis-Besse site conditions were of an agricultural and marsh land setting. All construction work in the Davis-Besse Units 2 and 3 area was performed in the upland area of the site.

Two Limited Work Authorizations (LWA), dated December 31, 1975, and September 13, 1978, were issued to Toledo Edison Company to do the following work on the site related to construction of Units 2 and 3.

LWA No. I activities included:

Status 1.a. Site preparation including clearing, grading, Approx. 70%

filling, fencing, lighting, utilities and Complete extension of onsite trilroad facilities and access roads including lay-down and parking l

areas.

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b. Relocate firewater lines and drainage systems Approx. 99%

associated with Unit No. 1 Complete

2. Relocate existing, and erect new, construction Complete office and warehouse building.

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! 3. Extend Unit No. I wave protection dike including Complete clearing, grading, and embankment construction to extend the existing wave protection dike to protect the graded station area from wave run up.

generated by the Probable Maximum Meteorological Event.

4. Install a new sewage treatment plant to a fully Complete l

operational status including supporting systems.

5.a. Place grout curtain for excavation dewatering. Complete

b. Make provisions and dewater for excavation. 90% Complete

6. Excavate earth and rock for construction (Power block earth excavating) 17% Complete 4

(Power block rock excavation) 0%

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7. Install condenser circulating water pipes and site drainage piping.

Excavation 85% Complete Pipe installation 0%

8. Prepare and place mudmats for containment and Not started auxiliary building areas.

LVA No. 2 activities include:

1.a. Perform bedrock rock verification program including:

Exploratory drilling, and remedial grouting 93% Complete in the containment, auxiliary building, and (this did not turbine building area. include any bedrock excavation)

As. indicated above, all the work was not completed and that which was has had little environmental effect on the site beyond those areas affected by Davis-Besse Unit I activity.

The majority of the work was done below grade except the construc-tion of the following:

a. Office building

b. Warehouse building

c. Sewage treatment plant

d. Ground water treatment plant and dike .

e. Settling basin No. 3

f. Security fence,

g. Electrical service -

h. Above ground portions of ground water monitoring wells These facilities are to remain in use by Toledo Edison Company as support for the Davis-Besse Unit I except the ground water '

treatment plant which will be mothballed in place. The roadways, and utilities servicing these facilities shall continue to be  !

maintained.

As a result of the cancellation of the Davis-Besse Units 2 and 3, the following work will be accomplished on the Davis-Besse Nuclear Power Station site:

1. The temporary construction office facilities (separate and connected trailers) will be removed from the site.

The temporary above ground electric service will also be removed. (The area between N9,500 and N10,000 around E9,500 on drawing 6670TP-P-C002).

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2. The existing construction material stockpiled throughout the material storage area and the construction equipment will be removed from the site when dispositioned. (This may extend beyond the fall of 1981.)

3. The west side of the wave protection dike will be seeded.

4. Throughout the site, wherever earth mounds or trenches occur, they will be contoured as necessary and covered with topsoil to enhance the wildlife habitat.

5. The eight ponds created by construction excavation will remain as waterfowl and wildlife habitat. The banks of the ponds will be graded as required.

6. The existing topsoil stockpile will be utilized throughout the site in strategic areas as ground cover for vegetation restoration purposes.

7. Landscaping and vegetation restoration will enhance the sites natural environment. In developing the details of this effort, compatibility with wildlife areas adjacent t to the site will be considered. The details will be finalized by.the Environmental Activities Division of the Toledo Edison Company.

The definitive reconditioning plan will be based on considerations l

such that the site will be improved to a condition that will en-

-courage wildlife to the area. The intended impact on the natural l

l environment will be positive.

The inspectors were informed that approximately 100 grout pipes I

remaining from'the remedial grouting would be cut off and plugged prior to backfilling the excavation. A number of these pipes are visible above the approximately one foot of snowcover blanketing the area.

c. Organization The applicant informed the inapectors that a new department (Nuclear Construction Department) was being formed. Department activities will include construction project and Units 2 and 3 redress supervision. Presently the applicant intends to con-l' tract out the major portion of redressing of the Units 2 and 3

! construction area.

l l d. Condition of the Site - Conclusions Changes to the site sine: the inspection of February 6,1980, have been insignificant. However, the applicant's plan for redressing the site appears to be acceptable. Appearance and acceptability of the final site will depend on the implementation of the proposed plan.

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3. Exit Interview The inspectors met with the site representative (denoted in Paragraph 1) at the conclusion of the inspection. The inspectors summarized the purpose and findings of the inspection. The licensee acknowledged the findings reported herein.

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