ML20087H821

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Forwards Agreement Which Describes & Governs Relationship Between Snec & Gpun,In Response to NRC RAI Re TS Change Request 56
ML20087H821
Person / Time
Site: Saxton File:GPU Nuclear icon.png
Issue date: 08/11/1995
From: Kuehn G
SAXTON NUCLEAR EXPERIMENTAL CORP.
To:
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
C301-95-2023, NUDOCS 9508180213
Download: ML20087H821 (10)


Text

{{#Wiki_filter:. SAXTON NUCLEAR EXPERIMENTAL CORPORATION GENERAL PUBLIC UTILITIES SYSTEM

      , fM.                            Jersey Central Powet & Light                   MAluNG ADDRESS:

C General Public Utiliiss Nuclear Corporation One Upper Pond Road ((4 " ha , Metropolitan Edmon Company Parsippany, NJ 07054

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s Pennsylvania Electric Company

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         "*                                          August 11, 1995 C301-95-2023 6575-952-538 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D.C.      20555 Gentlemen,

Subject:

Saxton Nuclear Experimental Corporation Operating License No. DPR-4 Docket No. 50-146 Response to the NRC Request for Additional Information Regarding Technical Specification Change Request No. 56 Enclosed is the agreement entered into between Saxton Nuclear Experimental Corporation (SNEC) and GPU Nuclear Corporation (GPUNC) which describes and governs the relationship between the two companies. Sincerely,

                                                                  .     . Kuehn Jr.

Vice President WGH

Enclosures:

SNEC/GPUNC Agreement dated March 4, 1985 cc: Administrator, Region I NRC Project Manager NRR NRC Project Scientist, Region I n.,.,

                             'J t J, oj 9509180213 950811 PDR    ADOCK 05000146                                                                        -

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                                                                                                         'l SAXTON NUCLEAR EXPERIMENTAL CORPORATION                            ,

SAXTON NUCLEAR FACILITY 1 Operating License No. DPR i Docket No. 50-146 Technical Specification Change Request No. 56 COMMONWEALTH OF PENNSYLVANIA )  !

                                                      )   SS:

COUNTY OF DAUPHIN ) l This information is being provided in regard to the NRC Request for Additional Information for Technical Specification Change Request 56. As such it is submitted in support of Licensee's request to change Appendix A to Operating  ! License No. DPR-4 for.Saxton Nuclear Facility. j SAXTON NUCLEAR EXPERIMENTAL CORPORATION BY: J/ /

                                                                      ' Tlic6 Prtr'ide6C s       EC l

Sworn and Subscribed to before me this lith day of August 1995. ( b hlll Notary Public i [ NotarlalSeal ' lo i e Daup nty I My Commin on x,pires July 4, t998 me-m-mw j I l l

AN-23-1992 12:14 FM21 TKIS ACBEINENT, amoa and estered isto this 4th day of March , 1985,. between SAIIW WCLEdt EEFrammTAL CotP0sarIon ("SEC") aad cre woCsRam C0aramarzos ("crusC") E111111111: WEEEEAS, SNBC, a sem profit corporaties (the capital stesk of ubich is owned by Jersey Central Feuer & Light Compeur Metropolitan Edises Couyaay and Pennsylvesis Electria Coupesy la the following pereestagnes. forty-four (44) percent. thirty-two (32) percent and twenty-fear (24) percent, respostirely), la  ; the swear af a 3,000 kileuset (electrical) water-type anstear reester ("Staties") located on the Raysteen Dransk of the Juniata River amar Sestes, Penneyivania, seestructed and operated for erperimental and research perposee; and WEEEEAS, the espes!. mental and research settwities of SEC having tessiasted and ice reester facility decommissioned. SMEC, pursuant to amendment Ee. 9 to Facility Operating Lisease Es. DDR-4 issued by the Atomis Emergy cauassaien (now , the Nualsar Regulatory Commission ("NBC") La antherised te possess, but met to { operate, its properties satil February 11, 2000; and 7 WutasAs, beesuse of the estatense of certain radienstive material at the Staties, under the terms of the aforesaid Amendment No. 9 and the current i ressistions of the unc, esatissed esistenemes and serveillance of the station and ' various activities leading towards the diamentilas thereof is segui. reds and WEEEEAS, CPURC, an effiliated company, has been ersemised and established withis the GFU system to esenma responsibility, en behalf of the swears of nuclear facilities, and by centrast with them for the performansa of the various activities

  • required of the sweer of a enslaar facility; and WEEEEA3, all of the resentees of the GPU r' .- M as relating to suelear matters having been ceasetidated in CFWWC, it is desirable and to the the advantage of SEC, that GNURC he emanged under the terms and conditions hereinafter set forth, to meistais and diseastle the fasility and maka any assessary repairs, modifications and additimme therste and retiremesse therefrem om behalf of SERC; j NOW, TREEE70EE, is consideration of these premises, the parties herete de hereby agree as follows:

01485 AH-23-1992 12312 P.22

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ARTIC1Z 1 Services to be provided 1.1 CFmec, consistaat with susk written suideliams as may be jointly developed with SMC, shall provide and be responsible for the maintenance of the Station sad make repairs and modifications as necessary is a safe and reliable manner la sesordance with all applicabi's, lawful licenses and permits and requirements of state and federal regulatory aguasias and shall dismaatte the Station. " Station", as used in this agreenset, is defined as aey and all real, personal and ahed proporry tesated ou er forming a part of the property commealy known as Seatos Moslear Experimental Corporation located is Liberty Township, Bedford County, Pennsylvania, easteding only those facilities which comprise Feensylvania Electric Compasy's San 2ee Line Office and switabyard. CFUNC aise shall make such further modificatione of and addittama to and retiremosta free the Station as shall be saamistaat with suck ====*mam=== and disematting. Sesh servises and sometrusties any be preended by WCW through { its som perseemel or is part by others under samtressant or othee g arrsagnosats. _Ia furtheresse of the ferogeing, GREG eball, om behalf of SEC, assag other eninas:

a. ! Select, kire, control and discharge perseemel, who wi11 be employees sately of GrWC, and setest and retain the sorriees of centracters and consultants. All systems employees and castresters eerklag at the station j will adhese to the peliaies, plans, precedeses, and assuals of GyWWC.
b. Arrange for the purchase etc., b asti of SEC of repair, modificacios, maintensacs and dismantling wterials and dismantling services and supplies.
c. Determine and stipalata inventory levels of material sad equipumat for the station.
d. Keep SMEC laformed in a reasonable sammer concerning station repair, modification, asiatensace, additions, retirements and dismantling activittee. -
e. Prepare, or a:vange for the preparation of, in accordance with normal and cassamary procedures, smaual budgets and forecasts for the Station's repair, modificaties, maintenance and dismaattias costs, capital expenditures and retiromants to be suhaitted to SERC for approval. Suc
  • approvst shall be required before action any be takaa charounder, proviuwd that work reqaired to prevent hasardous condiciosa may be undertakaa prior to seek approval with prompt notification thereof gives to SNEC. Such budgets and forecasts abatt be revised inns time to time to reflect enterial chantee in circumstances.

01ASU At 4-23-1992 12813 P. 63

       . - AN-23-1992 .12:15 FMF1                                 70                   at      e4
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f. Perform any services and take any aezios on behalf of SMEC where appropriata, related to the repair, modification, maiatemance, ressusts, replacements, additione, dismaatiing and retirements pertaining to the staties as may be assessary or appropriate to comply with the previsions l of the Atsmia Energy Act or any other applicable statute, rules, i regulations, guideliens or sinitar critaria, as ammaded er as they may be j amanded, and any provisions or conditises of licenses, permits or similar  ;

authorisations greated or that may be granted is casasetion with Station I and as sock permits,11eenses or other autherisations may hereafter be r ammaded. i 3 Provide com m aications to, and reesive e - 4 cations from, the Nuclear l Regulatory Comission and/or any sussesser goverummatal agency, as well aa - -i any other severnmental ageesy having jurisdicties with respost to any ^ aspeet af the Station's r.aistenance, repair, modificaties and diamaattlag  ! and, in such esposities, represent (or engags others to represent) SEC.  ! I

h. Perform, or, if deemed desirable by Cp55C, aestrast om behalf of SEC with others (lastuding agencies of Coverummat er their sentracters) for repair, j!

modification, malatenames, reaevels. replasements and dismantlementa ' required to place and/or kamp the Staties in a safe sendities to protect the property sad disburse er receive faade in commesties therewith. Seah f work shell be subject to aerost and custemory CPURC review and approval  ! precedures.

i. Perfets any a?- ' anal servises pertaining ts the Station to which ENEC and GPUNC sh, * < ne untually agreed.
                ,       J. Arrange for the asistamance, la assertanes with mesual and sustamany                      ,

precedures, of smak assessary books of resent, books of assomat and ' momerands of transactions and for the provisism of smeh reports with

  • i reopeet therete to SEBC as SEC shall desire to meet its accounting and  !

statistical requirements and to confere.te the applicable lawful rutaa, l regulattens and regairements of all resstatory bodies having jurisdiction -4 over SE C. The easts for the staties shall be accummiated La a separate f set of asseusts.' ,

k. Provida, or arrange for the previsies of, sock other data er inforesties l with respect to the Station as any be reasonably reguasted by SEC from {

time to time. , 1.2 Matters and geestions arising in comaeetisa with the repair, modificaties. l meistenerse and diansacting of the Staties which are met withis the seeps of j the sotherity delegated to Gy0MC under tais Agreemmat and are met spesifically - puweidad for in this Agreement shall be jointly detettined from time to time j by SM C and CpURC.

                                                                                                                   ]

1.3 The costs for services provided by CpDEC pursaast to the terne, canditions and previsions of this Agreement shall be paid to CpDEC in Artiska 3. , i l

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A N-23-1992 12:13 P.04 1 j

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A'RTICLE 2

                                                                                                    . .           .               8erkian Feed 2.1
                                                       $5C shall establiak and maintais a fund free which GPURC shall make payments for all costa pursuant to its services and reopensibilities haremoder. Smc.

La consultarias with GFUNC, shall dettsutas, fattially sad from tias to time, dering the tage of this Agreement, the amount er amosats required to maintaia

                                                                                                                                                                              -{

s satistastery balance in the fund, and shall be liable for any sash ~ additional amounts required to esistain the agreed upon balance. SEC shall reimberos the fund promptly se receipt of notide from GFUNC et its obligations for reimbersement. 2.2 on ternisatism of this Agreement, as hereinafter provided, say residual uneapeeded belassa in the working fund shall be credited to SMC. ARTICLE 3 Charnes. Financial Statammets. and 8111t= s 3.1 CFUNC shalt 4 Tange for repeeting to gMC for amab meeth, prouytly follewint the end of such smack, by writtaa stacaments for tellowingt

a. The costs of repair, edificatima, meist-= med disenacting, the cost si any plant additions and entirements, imeluding appliashte costs of removal and salvage, os an escrual basis, elassified as required to aset its obligattees under Seation 1.1 (j) abews.
b. A summary stateness of the activities darias that meath of the Working fund, showies begimmias balance, receipts, disbursements and closias balasse.

3.2 The cases inserved er acerned free all scorees dairing saak salendar month in repairias, audifying, maintalaims, di==== cling and making additises to ant

  • retirements from the Staties she11 bessme liabilities of smC eben insurred or acerned and-shall be borne by smC. All auch costs shall be deterstand in asserdamse with sound asseusting praatises, and shall include reasonable and aFFrepriate indirest seets instuding overheads. In porticular, all of the services readered hereunder by Grusc will be at sesmal casta thereof. Direct ekarges will be made for services where a direst alloestima of easts is possihte. Se motheds of deteemining such eesta and the siteesties thereof are set forth im Appendia A herste. hose methods shall be reviewed ammaally and more freguestly, if appropriate. Sush methods may be modified er chaaged by GrOBC, with the approval of SEC, witheet the anseesity of as smasheet of this Agreemset, provided that la eset instanee, all services readered hereuedet will be as aessal easts thereof, fairly and equitably allesated, and all la accordamse wink the requirements of the Publis Utility Belding Company Act of 1935 and the rules and regulatians and orders thereunder.
                                                             ~

i 01483 00115 tav. 1 Jt.H-23-1992 12:14 P.05

m wt:nu wu c--ts1 TO T'il 3.06 , -{ j i 3.3 SEBC shall report, file roterms with respect te, be reopensible for sad pay all rest property, franskiss, business er other tases, easept payroll and  ! sales er ust teams, arisias out of its swearahip of the Station. l 3.4 SMEC shall have the right, during the term of~this Agreement and thereafter se , long as the books. records and ammerands referred te in Section 1.1 shall be l preserved, to inspect all ensk items and ce aska reasonable audits therwof at , their com costs as they may dame necessary to protect their interests. l l 3.5 In the eeest sEC shall questies any statement rendered aceerding to the - 1 previsises of Sesties 3.1 hereef, it shall nevertheless promptly pay the -  ! ammans indisated in smak statement, but auch payammt shall met be deemed to ' prevent SEC frem elsiming as adjustment of any statammat readered. 3.6 If it shall be determined that SWC has paid more or less them an appropriate amount for any of the sesta assesisted with the Staties for the aeach covered by sash statament, as appropriate correctica shall be made by Cpuuc by pumper credit er sharge, as the case may be. ARTICLE 4 Consliamse with provis8- of perdte and Reemirements of Governmental Amessies SSIC and GFWC shall seeperate la taking ebatever astian may be assessary to comply with the teens and provisions of permits and licenses for the Staties and with all applisable lawful requirements of any federsi er stata assesy or ressistory body having jerisdiction la the premises. It is aise agreed that any filings. made with ' the IEC be regiamed by tho' SEC Manager, la addition to any other revieve and approvals by other approprista SMC and GPUNC perseemel. prior to esteittal.

  • j A33'1C13 5 Denmas to Persons er FreM rty:

Penaltiost Fines 5.1 since GrWC is undertaking its respeemibilities herenader at cost and La order j to assist SMC la meeting its responsibilities with respost t.e the Staties, the felleetag peerisions shall be applicable to damage to the property of either of the parties hereto (iaeLuding Staties property) er thist parties, of Lajuries to er Lees of life by any perses. Lastuding smyteyees of the parties - herste, and to poesities er fines assessed with respect to the Staties!

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01485 00115 AH-23-1992 12'15 P.06

             . -               .              .     --    -      _       _  ~     .    .- - - - - - -       -    -  - . .        -

Jtt+-23-1992 12817 F90M TO ri! 8.07

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a. SE C and CygEC will procure and esistais such physical damage, puh11e 11abilityg perhers' campensaties and other insurames as it any deem appropeisse with roepeat to all lossee, damages, liability and claims arisias out of its esmership and provistes of services hereunder and the premium costs thereof shall be Staties asets under secties 3.2, er is the alternative apes cesserrence of the parties herste. 3EBC and cyguc will jotatly presare and maintain such physical damage. public liability. ,

serhers' campensaties and other insorsnee as they.asy deem appropriate  !' with respear to all losses, dameses, liability and claims arisias out of the ouesrohip of tha staties and provisieme of servises heroemder and the  ! premitas costa thereof shall he Staties emets under Beetion 3.2. All I lasarense shall caatain a univer of suhtegaties slause against the other party heroemder.

b. Claims cegaisable under westers
  • ev==tism asas er temporary disability ,

benefits laes er any other benefits ender workers' compnesaties or anslasons statutes and the empenses of defending er dispeetag of the same, , attribetable to the evnership of the staties. er the provisies of services , hereunder, .Mah are ses seeered La fall by insurames procured La 6 asserdense with the preseding paragraph shall (to the estaat met severed , by sash insurause) be treated as Staties costs under Secties 3.2,. ,

c. A11 leseos, damages, expenses, pensities. liabilities, fines and claims '

(laslading these in respect of property damage and perseast injury) asserted by third parties and the empenses of defending or disposing of the same, attributable to the eveership of the Staties and the provisies et services hereunder, which are set covered la fall by, taeuranse procured l La accordamse with the sessed precedies paragrept shall (to the assent met

  • covered by sush insurance) be treatad as Staties costs under sosties 3.2.
d. The parties herete empressly waive any right they may have to recover from I the other for any losses, desages, penalties.11ahi1Lcies, fines, claims j or espemees (lastading danese to property of the Staties) for any cause, instuding the negligeese of the other, its emplereas and assats in commasties with the eenership of the staties and the provisies of services #

, hereunder. ARTICLE 6

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Miscell4seoup 6.1 Nothing in this Agreement shall be deemed to create er constitute a } partnership er joint venture between the parties herste. the sete purpose of ' this Agreensat being limited to provisies for the orderly and effisiest I repair, modificaties, esistenance and dismaattament of the Station. I 6.2 SNEC hersby desipnates its President as its Representative, who shall receive metites and communications free GPUsc under the provisions of this Agreement ' and who shall seed to the designated Representative of CPUNC all notitas and comumaicatieca under the provistema of this Agreemmet. , 0148U j 00115 i A H-23-1992 12:15 P.07

     , ,, ,,        JtM-33-1992 12:19                FRCPI                                              TO-     MI    P.08
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                                                      ,                                     T 7~                                             .

t 6.3 GFWWC hereby designates its President as its Serresentative, who shall receive _ i d'a'iens from SMC under the provisions of this Agressest notices and e and she shah ~s'end to SEC a11 notices and seassaications concerning the previsions of this Agressant. j 6.4 SEEC shall deternies tbs basia and motined it will use for purposes og depreciatise and ec:nar matters waere investment im Station property is relevant. . 6.5 !a periennias servisse under this Agreemmat en behalf of SMC, GPUNC shall act as sa independeet sentrasser responsible for the result to be attained, consistaat with seek guidelines as may be . jointly developed with SM C.  ! 6.6 since smC may, from time to cias, provide goods and services to the Stattes, .

                                                                                                                                           ^

CFWWC shall pay for such goods and services at aest determined as hersia provided, whiah payments shall be treated as Staties costs under Sesties 3.2 ARTICLE 7 Effective Date and Tessiasties 7.1 subject to aar applicable rules and regulations and assesisted approvals of any regulatory antherity, this Agreement shall bessee affective as of the data

                                    .first abers written and sha11 reania in full force and effset unless and until                        ,

tenuimated. , 7.2 n ia A6teenset usy be tereinsted by S E C spes reassemble entice to G NEC, provided that adequata previeles is made to protest the public health and safety. ARTICLE 8

                                                        -                          Sussessere and Assimas                        ,

his Agreemesa, and all of the teses and conditises hereef, aball be bieding upea and esses to the benefit of the parties herete and their respective successers and assigns. , 01488 00118 J1M-23-1992 12816 P.08

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4 M ' 1 GeweswLan Law This Agreement has been aseested and delivered la the State,or Now Jersey and is t..m te he senser.ed La ase seems with, and te he s =m d h, th. I e . that State IN Wr3ESS MEEDF, the porties hereth have senset Obase presents to be emeested and dativered la Parsippany. New Jersey, as of the day and year first above written. SAIION WCLEAR EIFRamENTAL CORPORATION Att'est: 1 _ _ _ ff JAdA21- Sy m- n t.L.W Sacrosary ' ~

                                                                                                             ' M isens GFW W CLEAR CORPORATION                       ;

Agasst:

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