ML021340457

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G20020271/LTR-02-0324 - Response to Thomas Dibello Ltr New Gas-Fired Power Plant Proposed by Florida Power and Light Directly Adjacent to Existing Exelon Nuclear Facility
ML021340457
Person / Time
Site: Limerick  Constellation icon.png
Issue date: 05/22/2002
From: Richards S
NRC/NRR/DLPM/LPD1
To: Dibello T
Limerick Township, PA
Gratton C, NRR/DLPM 415-1055
Shared Package
ML021420503 List:
References
G20020271, LTR-02-0324, TAC MB4991
Download: ML021340457 (8)


Text

May 22, 2002 Mr. Thomas DiBello Chairman, Board of Supervisors Limerick Township 646 West Ridge Pike Limerick, PA 19468

Dear Mr. DiBello:

I am responding to you at the request of the Chairman of the Nuclear Regulatory Commission (NRC) regarding the concerns you expressed in a letter to Senator Arlen Specter dated April 30, 2002. In your letter, you identified concerns you and other citizens of southeastern Pennsylvania have about the siting of the Linfield Energy Center, a 550-megawatt, gas-fired power plant proposed for Limerick Township, Pennsylvania. FPL Energy (FPLE) plans to construct the plant near the Limerick Generating Station (LGS), Units 1 and 2. Senator Specter requested in a letter to the Chairman of the NRC dated May 2, 2002, that the NRC review FPLEs proposal to build the gas-fired plant adjacent to LGS Units 1 and 2 and review the issues raised by the Township.

The NRCs mission is to regulate the nations civilian use of nuclear materials to ensure adequate protection of public health and safety, to promote common defense and security, and to protect the environment. The scope of responsibility for this mission includes the regulation of commercial nuclear power plants, such as LGS Units 1 and 2. The NRC does not have regulatory authority over the siting, construction or operation of other types of power plants, such as the proposed Linfield Energy Center. Regardless, the NRC staff has been monitoring the progress of FPLEs Linfield Energy Center project due to its potential impact on the safe operation of LGS Units 1 and 2. On August 24, 2000, the NRC staff responded to Mary Ann Dailey, Member of the Pennsylvania House of Representatives, about concerns similar to those expressed in your letter to Senator Specter. We have enclosed a copy of that letter. The staff explained in that letter that under NRCs regulatory framework of oversight of nuclear power plants, the licensee has the burden to determine the impact of the proposed plant on the safe operation of LGS Units 1 and 2. The letter further explained that the NRC has an independent responsibility to assure that public health and safety is not impacted by the operation of nuclear power plants. Due to uncertainties associated with the approval and construction of the FPLE power plant project, the NRC staff determined at the time the enclosed letter was sent that it was not necessary to seek additional information from the licensee.

While the Linfield Energy Center project is still in its planning stages, the NRC staff believes it is prudent at this time to review the impact of the project on the safety of LGS Units 1 and 2. The NRC staff has requested information from the licensee to determine if the proposed Linfield Energy Center project constitutes a potential external hazard that would affect the design basis of LGS Units 1 and 2. We expect to complete the review and respond to you with the results in the future term. For the reasons stated above, our review will be limited to those issues under the regulatory authority of the NRC. Other issues specified in your letter to Senator Specter

T. DiBello concerning the construction or operation of the Linfield Energy Center project, such as the violation of Township ordinances, unspecified concerns by the Montgomery County Planning Commission, deficiencies in the Pennsylvania Department of Environmental Protection air quality permit review process, and conflicts with certain qualifying criteria, such as noise levels and local growth management policies, are outside the authority of the NRC.

Your letter also contained issues concerning the potential impact of the Linfield Energy Center project on the security and safety of LGS Units 1 and 2 in light of the current threat environment. In the aftermath of the terrorist attacks on September 11, NRC began a comprehensive reevaluation of the agencys safeguards and physical security programs. On February 25, 2002, the NRC issued Orders to all commercial nuclear power plants and other key nuclear facilities to implement interim compensatory security measures. Some of these requirements formalize the security measures that NRC licensees had taken in response to advisories issued by the NRC in the aftermath of the September 11 terrorist attacks. The results of the comprehensive reevaluation will inform the Commission of any additional safeguards measures necessary to ensure public health and safety. The NRC also has an onsite inspection program at operating nuclear power plants to directly inspect various activities, including security. Any potential safeguards vulnerabilities as a result of the proximity of the Linfield Energy Center project to LGS Units 1 and 2 will be considered as part of the NRCs oversight of security at nuclear power plants.

If you need any further information, please contact Mr. Christopher Gratton, Limerick Project Manager, at (301) 415-1055.

Sincerely,

/RA/

Stuart A. Richards, Director Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation

Enclosure:

Letter to M. Dailey, PA House of Reps.,

from W. Travers, NRC, dated August 24, 2000

ML021340457 *See previous concurrence OFFICE PDI-2:PM PDI-2:LA NSIR/PMDA PDI-2:SC PDI:D NAME CGratton SLittle for MOBrien J Davis* JClifford* SRichards DATE 5/22/02 5/22/02 05/21/02 05/21/02 5/22/021 LETTER TO T. DIBELLO, RE: CONSTRUCTION OF A GAS-FIRED POWER PLANT NEAR THE LIMERICK GENERATING STATION Dated:_May 22, 2002_

DISTRIBUTION:

Docket Nos. 50-352 and 50-353 PUBLIC PD1-2 R/F BPlatchek OGC W Travers W Kane C Paperiello Burns/Cyr P Norry J Craig OPA H Miller, RI SCollins/JJohnson SRichards OCA J Davis, NSIR BSheron/KJohnson CGratton GImbro WBorchardt MOBrien R Zimmerman, NSIR JClifford L Cox M Shanbaky J Zwolinski SECY (SECY# LTR-02-0324)

TJGorham(EDO #G20020271)

Limerick Generating Station, Units 1 & 2 cc:

Library Vice President, General Counsel and U.S. Nuclear Regulatory Commission Secretary Region I Exelon Generation Company, LLC 475 Allendale Road 300 Exelon Way King of Prussia, PA 19406 Kennett Square, PA 19348 Dr. Judith Johnsrud Manager Licensing-Limerick and Peach National Energy Committee Bottom Sierra Club Exelon Generation Company, LLC 433 Orlando Avenue Nuclear Group Headquarters State College, PA 16803 Correspondence Control P.O. Box 160 Vice President, Licensing and Regulatory Kennett Square, PA 19348 Affairs Exelon Generation Company, LLC Site Vice President 4300 Winfield Road Limerick Generating Station Warrenville, IL 60555 Exelon Generation Company, LLC P.O. Box 2300 Director-Licensing Sanatoga, PA 19464 Mid-Atlantic Regional Operating Group Exelon Generation Company, LLC Plant Manager Nuclear Group Headquarters Limerick Generating Station Correspondence Control Exelon Generation Company, LLC P. O. Box 160 P.O. Box 2300 Kennett Square, PA 19348 Sanatoga, PA 19464 Correspondence Control Desk Regional Administrator, Region I Exelon Generation Company, LLC U.S. Nuclear Regulatory Commission 200 Exelon Way, KSA 1-N-1 475 Allendale Road Kennett Square, PA 19348 King of Prussia, PA 19406 Chief Operating Officer Senior Resident Inspector Exelon Generation Company, LLC U.S. Nuclear Regulatory Commission 4300 Winfield Road Limerick Generating Station Warrenville, IL 60555 P.O. Box 596 Pottstown, PA 19464 Senior Vice President, Nuclear Services Exelon Generation Company, LLC Chairman 4300 Winfield Road Board of Supervisors Warrenville, IL 60555 of Limerick Township 646 West Ridge Pike Linfield, PA 19468 Chief-Division of Nuclear Safety PA Dept. of Environmental Resources P.O. Box 8469 Harrisburg, PA 17105-8469

Limerick Generating Station, Units 1 & 2 cc:

Vice President, Mid-Atlantic Operations Support Exelon Generation Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Senior Vice President Mid-Atlantic Regional Operating Group Exelon Generation Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Regulatory Assurance Manager Limerick Generating Station Exelon Generation Company, LLC P.O. Box 2300 Sanatoga, PA 19464

August 24, 2000 The Honorable Mary Ann Dailey Pennsylvania House of Representatives House Box 202020 South Office Building Room 408 Harrisburg, PA 17120-2020

Dear Ms. Dailey:

I am responding to your letter of June 19, 2000, to the Chairman of the U.S. Nuclear Regulatory Commission (NRC). In your letter, you requested that the NRC review a proposal for the construction and operation of a 500-megawatt gas-fired generating facility on property adjacent to the Limerick Generating Station, Units 1 and 2 (Limerick 1 and 2), a nuclear power plant owned by PECO Energy Company (PECO). Your letter specifically requested that the NRC determine if this project poses a threat to the health, safety, or life of residents in nearby communities. Your request included the need for the NRC to determine if a fire or explosion at the proposed facility would pose a threat to Limerick 1 and 2.

From the information we currently have, it appears that the project is still in the planning stages and, if ever approved, is several years away from completion. Under the NRCs regulatory framework for oversight of nuclear power plants, PECO, in the first instance, has the burden to determine the impact of the proposed natural gas-fired facility on the safe operation of Limerick Generating Station, and appropriately inform the relevant State and Federal regulatory agencies. This framework notwithstanding, however, the NRC has an independent responsibility to assure that public health and safety is maintained from operation of nuclear power plants. In this role, the NRC independently evaluates available information, including licensee actions or assessments, to either confirm the appropriateness of the licensees assessments or actions, or to determine if further regulatory action is warranted. In this instance, given the uncertainties associated with approval and construction of a nearby gas-fired facility, it is not now necessary to seek such information.

In any event, as part of its application for construction permits and operating licenses for Limerick 1 and 2, PECO was required to perform an analysis of the effects of potential hazards from nearby industrial facilities. This analysis is documented in the Limerick 1 and 2 Final Safety Analysis Report (FSAR). If construction becomes imminent, PECO is required by NRC regulations to notify the NRC should PECO determine, with respect to the operation of the Limerick facility, that the proposed natural gas-fired facility would significantly affect public health and safety. In addition, should PECO determine that the proposed natural gas-fired facility would necessitate changes to the Limerick facility to ensure continued protection of public health and safety, PECO must determine whether prior NRC approval of the change is required. If prior NRC approval is required, PECO must submit an application to amend its operating license prior to implementing such a change.

Environmental protection issues regarding the storage of ammonia and the impact of toxins that might be emitted from the operation of the proposed gas-fired facility are within the jurisdiction ENCLOSURE

M. A. Dailey of the Pennsylvania Department of Environmental Protection, Bureau of Air Quality. By copy of this letter, your concern has been forwarded to that State agency. In addition, if the licensee identifies any impact from postulated toxins which would necessitate a change to the facility, the NRC would evaluate those changes affecting the FSAR or the facility license.

I trust this information is useful to you in addressing your concerns about the proposed construction and operation of the gas-fired facility near the Limerick facility.

Sincerely,

/RA by Frank J. Miraglia Acting For/

William D. Travers Executive Director for Operations cc: Mr. James M. Salvaggio, Director of Air Quality Control Bureau of Air Quality Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8468 Harrison, PA 17105