ML20080G980

Requests Institution of Proceedings to Modify,Revoke or Suspend Facility Ols,Per 10CFR2.206

ML20080G980
Person / Time
Site:	Dresden, Point Beach, West Valley Demonstration Project, 05000000
Issue date:	09/09/1983
From:	Celebrezze A, Kolmanic K, Muchnicki E, Muchnicki K OHIO, STATE OF
To:	Jennifer Davis, Harold Denton, Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation
References
2.206, TAC-49199, TAC-49200, TAC-52693, TAC-52694, NUDOCS 8309200410
Download: ML20080G980 (30)

Text

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/Mttorney General n

Anthony J. Celebrezze, Jr.

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September 9, 1983 Harold Denton, Director Office of Nuclear Reactor Regulation John G. Davis, Director Office of Nuclear Material Safety and Safeguards Richard DeYoung, Director Office of Inspection and Enforcement U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Gentlemen:

The State of Ohio respectfully requests this Commission, pursuant to 10 C.F.R. 2.206 to institute proceedings to modify, revoke, or suspend, the licenses of New York State Energy Research and Development Corporation, Wisconsin Electric Power Company, and Commonwealth Edison Company, or for any other action as this Commission deems proper in connection with the transport of spent nuclear fuel from the nuclear fuels disposal and reprocessing center at West Valley, New York.

The State of Ohio, more particularly requests leave to intervene in the proposed action and requests the holding of a hearing, pursuant to 42 U.S.C. 2239, as a " person whose interest may be affected by the proceeding". The State of Ohio, as a neighboring State through whose borders the shipments must necessarily pass, has an interest in assuring its citizens that no unnecessary transport will occur, or alternately, if such shipments are to occur, that the mode and method of. such transport will be in the safest possible ranner, consistent with the best interests of the citizens of the State of Ohio.

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1 State Office Tower / 30 East Broad Street / Columbus, Ohio 43215 J

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Harold Denton

John G. Davis-

' Richard'DeYoung September 9, :1983 Fage Two Therefore, the State requests that this Commission institute the appropriate proceedings, that proper and timely

-notice of a pending license amendment appear in the Federal Register, and_that.the State of Ohio be granted leave to intervene so that important safety, environmental, and policy issues be resolved =before.the shipments take place. The State also requests' that commencement of the shipments be' stayed pending resolution of these matters by the

' Commission. -The reasons for this request are more fully articulated herein.

9 I'. FACTUAL ~ BACKGROUND y

e In 1963,' the' New -York State Energy and Research Development

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-Authority (hereinafter NYSERDA) which owns the Nuclear Fuels Disposal and ' Reprocessing -Center at West Valley, N ew' York, in the name of the State of-New York, entered into several

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! _ agreements with Nuclear Fuel Services (hereinafter NFS) i ' pursuant'to which NFS. constructed facilities for,'and undertook

.the enterprise-of, reprocessing nuclear fuel wastes. Pursuant to these agreements, NFS constructed, among other facilities,

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a' fuel receiving facility at-which spent. fuel was received' l

and temporarily stored pending reprocessing.

In 1963, NFS contracted with'the United States Atomic Energy' Commission, predecessor of the United States Nuclear

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~ Regulatory CommissionL(both referred to herein as the NRC)

L-and with several public utility companies, including

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Commonwealth Edison Company to reprocess' spent fuel _when

!- the Center became operational, as'it did in May 1966'.

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Harold Denton John G. Davis Richard DeYoung September 9, 1983 Page Three NFS reprocessed spent fuel at the Center from 1966 to March 1972, when reprocessing was suspended in order to. complete the enlargement and modification of the Center's facilities. In 1972, the NRC instructed NFS to halt'its improvements until a construction permit was~obtained.

In October 1973, NFS applied to the NRC for the. .

. construction permit. During this period NFS continued to solicit new reprocessing business and formed agreements

-;with.several utility companies, including Wisconsin Electric Power Company and Commonwealth Edison Company, to receive spent fuel and store it pending the resumption of reprocessing.

In the course of.the ensuing-four years, the NRC increased regulatory requirements pertinent to NFS's permit application and the' permit wasinever obtained. NFS decided in September.

1976 to withdraw from the reprocessing business. The Center was ultimately transferred from NFS by NYSERDA to the United

. States Department of Energy,.to implement'the." West-Valley Demonstration Project," a-high level-liquid nuclear waste management demonstration project to be conducted at the-

~ Center.

In-May, 1982,: suit was filed by NYSERDA in the United States District Court, Western DistrictJof New YorN against certain'public-utility companies, including Wisconsin Electric Power Company and Commonwealth Edison Company..

.The Complaint alleged that the Defendants were obligated-to remove spent' nuclear' fuel stored at the Center, and were

l. -liable ~for pecuniary compensation for the storage of such

[ fuel-to date.1 By Opinion and Order dated. June 30, 1983,

! the District Court Judge l concluded'that NYSERDA had made an unequivocal demand for' removal of the spent-fuel and that1the Utility' Defendants are under'a-duty to remove their

[ spent" fuel.from the Center within a reasonable amount of t time to preclude a' declaration of liability for the trespass.

t i l t >~. See NYSERDA v. NFS, 561 F. Supp. 954 ( W . D .N .Y , ,19 8 3 )

.for facts involving the storage of spent fuel at the Center).

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Harold Denton John G. Davis Richard DeYoung September 9, 1983 Page Four As a result of the District Court's Order of June 30, 1983, Wisconsin Electric Power Company and Commonwealth Edison Company will be transporting a large quantity of spent nuclear fuel from the Center at West Valley, New York, through the State of Ohio, to on-site disposal facilities at the Point Beach Nuclear Plant and the Dresden Nuclear Power Station, respectively.

II. LICENSE REQUIREMENTS Congress enacted the Atomic Energy Act in 1954 with one of its stated purposes as providing for:

A program to encourage widespread partici-pation in the development and utilization of atomic energy for peaceful purposes to the maximum extent consistent with the common defense and security, and with the health and safety of the public" 42 U.S.C. 2013(D).

(Emphasis added).

The Act makes it unlawful for any person in the United States to transport or receive in interstate commerce, manufacture, produce, transfer, acquire, possess, or use, import or export nuclear material or operate a utilization or production facility except under and in accordance with a license issued under 42 U.S.C.

2133, or 2134 by the NRC. 42 U.S.C. 2133 directs that commercial licenses shall be issued " subject to such conditions as the commission may by rule or regulation establish to effectuate the purposes and provisions nf this Chapter", however, "no license may be issued...

if, in the opinion of the Commission, the issuance of a license to such person would be inimical to the common defense or to the health and safety of the public". 42 U.S.C. 2133 (1976). Each license confers only those rights as defined by the license and is subject to the terms and conditions contained in the license.

42 U.S.C. 2233. The terms and conditions of the license may be modified or amended or revised in the manner proscribed by rules and regulations adopted by the commission. 42 U.S.C. 2237.

Harold Denton John G. David Richard DeYoung September 9, 1983 Page Five 10 C.F.R. 2.202 allows the Director of Nuclear Reactor Regulation, the Director of Nuclear Material Safety and Safeguards, the Director of Inspection and Enforcement, or the Director of the Office of Administration to institute a proceeding to modify, suspend, or revoke a license, or for such other action as may be proper. The rule contemplates notice to the licensee of the alleged violations with which the licensee is charged,or the potentially hazardous conditions or other facts deemed to be sufficient ground for the proposed action, and the holding of a hearing as required by 42 U.S.C.

2239 upon request of any person whose interest may be affected by the proceeding.

Pursuant to 10 C.F.R. 2.206 "any person" may request a Director to modify, revoke, or suspend a license,.for for such other action as may be proper.

III. CURRENT LICENSES HELD BY NYSERDA, COMMONWEALTH EDISON COMPANY AND WISCONSIN ELECTRIC POWER COMPANY j

NFS obtained, in 1966, an operating license from the

! NRC, as required by the Atomic Energy Act of 1954, as amended and the Commission's regulations as set forth in Volume 10, of the Code of Federal Regulations, to " receive, acquire, possess, and use" special by product and source material, and to dispose of said radioactive waste generated in the operation of the facility by burial in the soil at the reprocessing site in accordance with certain technical i

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1, Harold Denton John G. David-Richard DeYoung September 9, 1983 Page Five 10 C.F.R. 2.202 allows the Director of Nuclear Reactor Regulation, the Director of Nuclear Material Safety and Safeguards, the Director of Inspection and Enforcement, or the Director of the Office of Administration to institute a proceeding to modify, suspend, or revoke a license, or for such other action as may be proper. The rule contemplates notice to the licensee of the alleged violations with which the licensee is charged,or the potentially hazardous conditions or other facts deemed to be sufficient ground for the proposed action, and the holding of a hearing as required by 42 U.S.C.

2239 upon request of any person whose interest may be affected by the proceeding.

Pursuant to 10 C.F.R. 2.206 "any person" may request a Director to modify, revoke, or suspend a license, for for such other action as may be proper.

III. CURRENT LICENSES HELD BY NYSERDA, COMMONWEALTH EDISON COMPANY AND WISCONSIN ELECTRIC POWER COMPANY NFS obtained, in 1966, an operating. license from the NRC, as required by the Atomic Energy Act of 1954, as amended

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and the Commission's regulations as set forth in Volume 10, of the Code of Federal Regulations, to " receive, acquire,

- possess, and use" special by-product and source material, and to dispose of said' radioactive waste generated in the operation of the facility by burial in the soil at the reprocessing site in accordance with certain technical 4

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I Harold De'nton John G. David Richard DeYoung September 9, 1983 Page Six specifications (see License No. CSF-1, attached as Exhibit A). The license does not authorize NFS or NYSERDA2 to package or ship irradiated nuclear fuel from the West Valley site.

Wisconsin Electric Power Company and Commonwealth Edison Company both hold operating licenses for the Point Beach Nuclear Plant and the Dresden Nuclear Power Station, respectively. (See License Numbers DPR-27, Exhibit B and License Number DPR-2, Exhibit C, both attached hereto).

The Wisconsin Electric Power Company's License for the Point Beach Nuclear Plant authorizes the company to

" possess, use and operate" the facility as a utilization facility," to " receive, possess and use" certain special nuclear material and to " receive, possess and use" by-product material.

Commonwealth Edison's License for its Dresden Nuclear Power Station authorizes the company to " possess, use and operate" the facility as a utilization facility and to " receive, possess, and use" a certain quantity of special nuclear material and.to " receive, possess and use" by product material.

The licenses of NYSERDA, Wisconsin Electric Power Company, and Commonwealth Edison are explicitly made subject to certain sections of the Code of Federal Regulations, which sections make abundantly clear that the licensee shall confine his possession and use of source, by-product, and special nuclear material to the locations and purposes authorized in the license.

2 In point of fact, the technical qualifications of NYSERDA for assuming operational responsibility for the site have never been ascertained.

Harold Denton ,

John G. David Richard DeYoung September 9, 1983 Page Seven Neither NYSERDA, Wisconsin Electric Power Company nor Commonwealth Edison Company are authorized to ship spent nuclear fuel away from the West Valley site. Similarly, neither Wisconsin Electric Power Company nor Commonwealth Edison Company are authorized to receive irradiated spent nuclear fuel.

IV. NECESSITY OF LICENSE AMENDMENTS The State of Ohio, pursuant to 10 C.F.R. 2.206, requests this Commission to institute a proceeding pursuant to 10 C.F.R. Section 2.202 for modification, suspension or revocation of the licenses of.NYSERDA, the Wisconsin Electric Power Company and/or _ Commonwealth Edison Company, with the appropriate notice and opportunity to be heard by the State andpublic interest groups that will be directly affected by the proposed transport of the nuclear fuel.

If NYSERDA is responsible for transport of the fuel, the State of Ohio is of the opinion that a license amendment is required before NYSERDA can proceed with the shipments.

Under the license held by NYSERDA and NFS both entities were licensed to operate the facility as a production facility, to receive, possess, and use special, by-product and source material from irradiated nuclear fuel and to bury solid radioactive waste. At no time was NYSERDA or NFS licensed to load and transport nuclear fuel from the West Valley site to the respective util'ity owners.

Similarly, if Wisconsin Electric Power Company and

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Commonwealth Edison Company are responsible for the packaging and transport of their nuclear fuel from the West Valley site, the State of Ohio.is of the opinion that license amendments are required to the respective licenses of-Wisconsin Electric Power Company and Commonwealth Edison Company before the shipments can proceed.

Harold Denton John G. David Richard DeYoung September 9, 1983 Page Eight The purpose of the licensing requirement is to assure the applicant's proposed equipment and facilities are adequate to protect health and minimize danger to life or property, to determine whether the applicant is qualified by training and experience to use the material for the purpose requested in such manner as to protect health and minimize danger to life or property, and finally to assure that the issuance of the license is consistent with the protection of environmental values. See 10 C.F.R. 30.33 10 C.F.R.

40.32 and 10 C.F.R. 20.23.

As the licenses of NYSERDA, Wisconsin Electric Power Company and Commonwealth Edison Company contain no language which allow any of the entities to package and transport spend nuclear fuel away f rom the West Valley site,to Point Beach or Dresher it is clear that no finding has been made by the Commission as to the qualifications of the entities to package and transport nuclear fuel, the dangers to the health and safety of the public incident to the transport, or the environmental impact of such transport. Consideration must be given to the fact that the West Valley facility has been idle for almost eight years and it is not clear that the fuel receiving and storage area is safe for use. It is also unclear as to whether NYSERDA, Wisconsin Electric Power Company or Commonwealth Edison Company's employees are qualified to operate the equipment at the West Valley Site. It has not been ascertained as to whether any of the entities are indemnified for accidents resulting from this transport. The mode and method of transport of the fuel must also be reviewed as to its safety, and the State of Ohio is particularly concerned about the proposed route which now crosses Ohio's most densely populated urban centers. Discussion should also be given to the necessity for transport at all. The fuel could possibly remain at the site in dry storage until a permanent federal repository is built, and alleviate the numerious shipments to temporary sites that are ccurring here. Such a position would be consistent with congressional intent under the Nuclear Waste Policy Act of 1982 to minimize transportation and to employ an AFR as a last resort facility.

Similarly, the licenses of Wisconsin Electric Power Company and Commonwealth Edison contain no language allowing receipt of irradiated spent nuclear fuel a their respective reactor sites and those safety and policy considerations noted above are equally applicable to, and necessary considerations of any license which albous receipt of the spent nuclear fuel.

Harold Denton John G. David Richard DeYo'ung September 9, 1983 Page Nine Thus, the State of Ohio hereby requests this Commission, pursuant to 10 C.F.R. 2.206 to institute proceedings to address the issues listed above prior to acting on the licenses of the previously mentioned entities.

The State of Ohio formally requests to intervene in the action and requests the holding of a hearing pursuant to 42 U.S.C. 2239 as a " person whose interest may be affected by the proceeding". Because the State has the responsibility of safeguarding the health, safety, and welfare of the people residing in the State, the State of Ohio possesses a very real, tangible stake in protection of its citizens from the hazards incident in the transport of nuclear fuel through Ohio's most densely populated urban centers, which transport will necessarily result from the United States District Court's Order of June 30, 1983. The State's interest is in the protection of its citizens from the needless transport of such waste if an arrangement for its continued storage can be implemented. Alternately, the State's interest is in assuring the safest possible means of transporting the fuel through Ohio, consistent with the best interests of the people of Ohio. Thus, Ohio, as a neighboring State which will be impacted by the proposed shipments, clearly has an interest in examining the need for the shipments, the precautions which should be taken, and the time frame needed to accomplish those precautions.

The State of Ohio also suggest that an environmental impact statement should be prepared for such proposed actions pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969 and 10 C.F.R. 51. Although the present situation does not fall really within any of the specified circumstances' requiring the preparation of an environmental impact statement, the present situation is highly analogous to the circumstances specified in the regulations.

F Harold Denton John G. David Richard'DeYoung September 9, 1983 Page Ten The proposed transport of nuclear fuel from the West Valley site involves the significant potential for accidential release of ultrahazardous material. The citizens along the proposed route are concerned and alarmed at the risk posed, particularly since Ohio does not.yet have the emergency response capability to respond to the consequences of a nuclear accident in densely populated areas of Ohio. Since the number of transportation accidents is directly proportional to the number of miles driven, Ohioans are concerned that the constant transport.of the nuclear fuel from one-temporary location to another to another unreasonably increases the risk of accident. Therefore, the State requests preparation of an environmental impact statement to evaluate the probable adverse impact of this action, and discuss alternatives to the proposed action.

V. CONCLUSION For those reasons articulated above, the State of Ohio-respectfully requests this Commission, pursuant to 10 CFR 2.206, to institute Proceedings to modify, revoke, or suspend the licenses of NYSERDA, Wisconsin Electric Power Company and Commonwealth Edison Company, or for any other action that this Commission deems proper in connection with the transport of spent nuclear fuel from West Valley, New York.

The State also requests preparation of an environmental impact statement and that the transport of the nuclear fuel

Harold Denton John G. David Richard DeYoung September 9, 1983 Page-Eleven be stayed pending these important environmental, safety, and policy issues.

Very tr y ours, Y

E. DENNIS MUCHNICKI KAREN A. KOLMACIC Assistant Attorney; General (614) 466-2766 KAK:ptg Enclosures

EXHIBIT A ,

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NE_W YOTX STATE A"'CgIC AND SPACE EEV? LOP:EIT? AUTHORITY DCCET !:0. 50-201

_PP.07TS7 CAL CPI??"I.7i LICE.'ISE License No. CSF-1 The Atcmic Energy Cor:: mission havirg found that:

a. The application for license complies with the requirements of .

the Atomic Enersy Act of 1954, as amended, and the Cccmission's {

regulations set forth in Titib la, CFR; j i

b. Construction of the facility har been completed in conformity with the construction pemit and the cpplication as amended, xthe provisions of the Act, and the rules and regulations of the_Ceamissien; l I

c. As an. intermediate procedure pricr to issuance of an operating licence purcucnu to Title 10, CPR, a 50. % , a provisional i operatin;; license should be issued because there are involved features, characteristics or components of the proposed facil-ity as to -inich it appears desirable to cbtain actual operating experience before issuance of an operating license for.the full term requested in the application;

d. There it. reasonable assurance (1)' that the activities authorized  ;

by the previsicnal operating licence can be conducted without I endangeringthehealthandsafetyofthepublic,and(ii)that such cetivities vill be conducted in ecmpliance with the regu-latione in Title 10, CFR; ,

c. The applicants are technically cnd financially gralified to . j engege in the activities authoriced by the provisional operating i license in accordance with the regulations in Ditle 10, CFR; l

f. The applicable provisions of Part lLO, Title 10, CFR, have been satisfied; and

g. The issuance of this license vill not be inimical to the common defense and Tecurity or to the health and safety of the public; Provisional Operating License No. CEF-1 is hereby issued as follows:

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1. - This license apolies to the irradiated nuclear fuel processing plant /

-(the " facility") 1cceted at the Western New York Nuclear Service / j Center, Cattaraugus and Erie Counties, New York, and described in t

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s' Part B of the revised license app 31 cation, as amended, filed by Nuclear Fuel Services, Inc. ("UFG") and incorporated by reference in the revised license application, as amended, of the New York State Atomic and Space Development Authority ("ASDA"). Vclumes 1 and 2 of said Part E of the revised license application, as enended, entitled " Final 3&fety Analysis Eeport" are considered to be the

" Hazards Summary Report".

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2. Subject to the conditions and recuirements incorporated herein the Ccamission hereby licenses RFS - 'as lessee of the site; as owner of those portions of the facility in which actual chemical processing Twill take place; and as the tarty resronsible for the operation of the facility, includine storage of irradiated fuel elements, storage of radioactive verta= and burial of radioactive vaste --

'A. Pursuant to Section 104.b of the Atomic Energy Act of 1954, as amended (the "Act")3 and Title 10, CFR, Part 50, " Licensing of Production and Utilization Facilities", to possess, use and

. operate the facility as a production facility; B. Pursuant to the Act and Title 10, CFR, Part 70, "Special Nuclear Material", to receive, acquire, possess and use that enount of special nuclear material in er frc= irradicted solid nuclear fuel elements, en/ that amount of special nuclear material con-tained in auxilialy sources such as calibration and laboratory standards, the receipt, storage or processing of which is author-

- ized by Section 2 of the technical specifications appended to '

this license; C. Pursuant to the Act and Title 10, CFR, Part 30, " Licensing of -

Byproduct Material", to receive, separate, possess and use that amount of byproduct material in or fran irradiated solid nuclear fuel elements, and to receive, possess and use that ancunt of l

byproduct material contained in auxiliary sources such as cali-

bration and laboratory standards,'the receipt, storage or proc-essing of which is authorized by Section 2 of the technical j' specifications appended to this license; l .

i D. Pursuant to the Act and Title 10, CFR, Part 40, " Licensing of Source Material", to receive, possess and use that amount of source material in or fran irradiated solid nuclear fuel ele-

' ments, and that amount of source material contained in fuel element prototypes and other auxiliary forns, the receipt,  ;

storage or processing of which is authorized by Section 2 of the technical specifications appended to this license; and f

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E. Pursuant to the Act and Title 10, CFR, Parts 20 30, ho, and 70 to dispose of solid radicactive waste generated in the operation of the, facility by burial in the soil in accordance with the technical epecifications.

3;. Subject to the conditions and requirements incorporated herein the Commission hereby licenser ISDA -- as owner and lessor of _the site, Iof there rer'4r-- JF -> a en aility ir which the ureurocessine storage of irradiated fuel elements and the storage and burial of radioactive wastes will take place, and of other site improvements -- to possiss t'itle to those portions of the facility not owned by NFS and to per-mit ITS to perfom those acts ifnich IES is authorized to do by para-graph 2 of this license.

4. A. Notwithstanding any expiration, modification, cancellation or termination of the contractual arrangements between NFS and ASDA, NFS shall, so long as this license shall be in force with respect to NFS, be responsible for assuring that the provisions of this license and Commission regulations for protection of health and safety from radiation hazards are observed with respect to the facility and materials covered by this license. In the event of any expiration, modification, cancellation or termination of the contractual arrangement between KiS and ASDA or any otner enange '

in the relationship between them, includire any troroced transfer from NFS to ASDA of responsibility for the overation and care of '

those nortions of the facility in which the storage and burial of radioact4ve warter will take nlace, Iris or ASDA may apply to

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Ehe Cc= mission for an appropriate emendment of this license re-flecting the future responsibilities of NFS and ASDA with respect to satisfying Commission regulatory requirements. Until such Enendment is issued, ASDA shall in no way prevent NFS from ob-serving the requirements set forth in this condition.

B. To the extent that the operation of the facility under this l license results in the production of radioactive wastes to be l stored in portions of the facility or in improvements hereafter l constructed at the site, or otherwi.se to be managed at the site, beyond the term of this license or any superseding license, NFS or ASDA may app 1'/ to the Co= mission for an appropriate amendment of this license or any superseding license with respect to such continued storage or management in accordance with Commission regulations.

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5. Except as specifi'c ally otherwise provided by the Comission, this license shall be deemed to contain and be subject to the conditions specified in Section 50 54 of Part 50, Section 70.32 of Part 70, Section 40.41 of Part 40 and Section 30.34-of Part 30 of the Commission's regulations; is subject to all applicable provisions of the Act and rules, regulations and orders of the Commission now

~ or hereafter in effect, including Part 20; and is subject to the additional condit' ions specified below:

A. Technical Specifications The technical specifications for operation of the facility con-tained in Appendir A attached hereto are hereby incorporated in this license. Except as hereinafter provided, the facility shall be operated in accordance with the technical specifications.

Changes may be made in the technical specifications only when authori:!ed by the Comission in accordance with the provisions of Section 50 59 of the Commission's regulations (Title 10, CFR, Part 50, " Licensing of Production and Utilization Facilities").

B. Records J

In. addition to those otherwise required under i,his license and applicable regulations, LTS shall keep the following records:

. (1) Records showing the radioactivity released or discharged to unrestricted areas as measured at'or prior to the poirt of such release or discharge. <

.(2) Records of radioactivity measurements at on-site and off-site monitoring stations described in the technical specifications.

-(3) Records of the radioactive material received, transferred, stored as high-level liquid waste or disposed of as solid waste.

,(4) Records of facility tests, measurements and calculations I

performed pursuant to the requirements of the technical specifications.

(5) Records of major repairs or substitution or replacement of major equipment listed in Equipment List, Appendix 5 2 of the Final Safety Analysis Report. l i

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(6) Letters of authorization, run sheets, operating logs and check-off lists of the mechanical processing and chemical processing operations performed in the plant.

UFS is hereby authorized to dispose of the records described in 5.B.(L), (5) and (6) after a retention period of two years from the date of occurrence of the activity recorded. Records described in 5.B.(1), (2) and (3) shall be retained until dis-posal is authorized by the Commission.

C. Reports In addition to reports otherwise required by this license and applicable regulations:

(1) Any operation outside the limits established by the tech-

. nical specifications, and any operation of the facility in the " ready condition" as defined in the technical specifications, shall be promptly reported by telephone or telegraph to the Director of the appropriate Atomic Energy Cornission Regional Compliance Office listed in

' Appendix D of 10 CFR 20. NFS shall submit within 10 days a cceplete report of the causes and corrective actions taken. This report shall be submitted to the Director, Division of Materials Licensing, with a copy to the Regional Compliance Office.

(2) NFS shall report to the Commission in writing within 30 days of its occurrence any change in the plant organization indicated in the amendment to the application by NFS dated October 19, 1965 (3) NFS shall report to the Commission in writing within 30 days of the time it is observed any change in the validity of the assumptions used in the accident analyses, as described in Section VII of the Final Safety Analysis Report.

(4) NFS shall submit to the Commission, at least quarterly, during the period of this provisional operating license, a written report covering the following matters:

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a. A su==ary of the processing cperations performed during the period, including their duration.

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b. The. amount of radioactive material received, trans-ferred, stored as high-level liquid waste, disposed of as solid waste, and released as liquid, gaseous and solid effluent.

c. The levels of radicactivity measured at the stack, the site-perimeter monitoring stations and in the milk from the cows on the I!FS-operated farm.

d. A brief explanation of the cause of each unplanned process shutdown.

e. A description of major repairs performed in the facility with reasons therefor.

f. A description of changes, tests, and experbrents performed pursuant to Paragraph 50.59(a) of the Commission's rules and regulations.

g. A description of malfunctions of any equipment listed in Appendices 5.2, 9 51, 9.53, and 9 56 of the Final Safety Analysis Report which is impnrtant to se.fety.

h. The results of periodic testing performed in accordance with Section 6 of the technical-specifications.

Such reports shall be submitted within 30 days after the end of each reporting period.

6. This license is effective as of the date of issuance and shall expire eighteen months from the date of issuance (unless extended for good cause shown), or upon the earlier issuance of a super-seding operating license.

FOR THE ATOMIC EIERGY COMMISSION Original Signed by J. A. McBride Director Division of Materials Licensing

Attachment:

Appendix A  ;

Date of Issuance: APR 191956 w . . . . - - - _ . . . . . .-. .- ... . - - - - . . - . - - - .

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. *t(t is h(. r + qiven that in cecordanc e .ith the ':etice e h. vud t

' r e .: ::u . i. I <!!ity nneratine, License published in the Fi:i'iT.J M:GIFD P H E

un Jaly 1.., 1970, 35 F.P. 113.'9, the Atemic Energy Cceciiss ion (the Cor incien) 6.s issued Facility Operatin, I.icense DPP-24 to Cisconsin L i

';ccttit Pa.<er Ccnn :ny and Wisconsin Michir.an Power Corneuiv (the applicants) l i

.aa hi t ! ir..i t:.e liccisees to possess, use, r.nd onerate the Point itea ch  !

uclear Plant l'ni t Sc.1, a pressurized rater nuclear reac ta: . on th rirr licent ' site in t he Tos a of Two Creeks. , Manitewoc Coun ty , Ui scensi n.

The liceri t nuthorizes the applicants to oner ite the reactor at stet h l I

state thernal neuer Ivvels not to exceed 1518 norment ts , in accordance with the provisions Of the license and the Technical Epecific.ations (Annendix .V apnemied thereto l'o ' I rvin g the pui'lication of the Notice of Pronoced Iss.'iar.ce a r eq ue.4 t ', :*r . Jo'.n I . *.Jilson c.nd Mr. Vance J. Van Laar.ea ': e t : e t G rec n

. s 167, iil s c an in , for leave te intervenc and for a hearita: in this r.a t t e r was recc i ed an Aurast 14. 1970. This request f o r l'o t h le:n e to intervere and a ivaring ; as withdruvn on October /f 1970. No other netitions fer

! cave to intervene ' ave been filed nor have the anpiicorts reauested a hearing:

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iThe Commission.has. inspected the facility and has deternined that it

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has been constructed in accordance with the application, as arended, and

the provisions of Provisional Construction Pernit No. CPPP-32, cs amended.

The Commission has made.the findings-which are set forth in the licensc,

. and has conclude <1 that- the' issuance of the license will not be in!nic.il to .c J 4 the: common defense and security or to-the health and safety of the public.

The facility operating license was issued as proposed except for the -

I revisions of subparagraphs 2.B. and 2.C. of the conditions and requirements of the license to reflect-(a) authorization of' receipt, possession, and

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l storage, of '.73 oJ211grarc of uranium 238 and 120 milligrarc of neptunien 4 237 as contained in sealed dosimeters, prcvicusly licensed by Amendment No.1 to snecial nuclear material License No. SPI-ll55, and (b) addi- -

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. tienal byproduct material licensed by Amendment No. 4 to byproduct material License No. 48-13334-01. .

4 A' copy of License No.'DPE-24, cceplete with Technical Specifications,

'i s svailabic for oublic inspection at the'Comnission's Public Docur.cnt

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Room at 1717 11 Street, N.W. , k'ashington, D. C.

Copies of the license

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may be cbtained upon request addressed to the Atomic rnergy Commissicn, Washington, D. C. 20545, Attention: Director, Division' of reactor Licensine .

Dated at'.Bethesda, Mary 1cnd, this M6 ' day of A e G. y , 1970. 4 FOR Tile ATOMIC ENEEGY C0:0!1SSION

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crWa r .. !.y rn 4. u ; e, Peter A.' Morris, Director Division of Fesctor Licensing m

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DOCKlT Nd. 50-266 TACILl!Y 'PrP'TI'.C L1rr%FL 1.icerrte No. DPP-24 1he Areal . i.e. rgy renn11.s!cn (the Cornission) havlup, found that :

a. 't he anplication f or f acili ty license flied by 4.'isconsin t.lectric l

.'.".r Cerpany and '.'isconsin .'!! chip,an Pever Connanv. dated " arch 12

969, as anended by Supplenents Nos. I thretmh 10, thereto, dated Nelitember 2.1969. January 19. 1970, February ll,1970, March 13, 1970. Anet i 2,1970. .\pril 7.- 1970. Anrf1 21,1970. June 5,1970, June 17, 1970, and July 27, 1970, respect!"a?y, comnlics with the ts r;uirercnts 'of the Atomic Enerry Act 'J 1954, as amended (the Act),

and the conmissien's regulations set forth in 10 CTP Chariter 1; and I

h. Construction of the Point Beach Nuclear Plant t'nt t No. 1 (tho  ;

t.u:llity) 1:as been substantially conpleted, in contornity with 1 Provisional Const ruction Pernit No. O!'PP-27 as atended, the application as atended, the provief ons of the, Act, and .the rules  !

and rer.ulations of the Cot.missiont and l

c. The facility will operate in confornity with the ap,11 cation as anended the provisions of the Act, and the rules and regulations of the Connission: and

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d. There is reasonable assurance (1) that the activities authorized by the operatiny license can be conducted without endangering the I health and safety of the public, and (11) that ne. ccH- t*'.

vill be conducted in conpliance with the regulations et the Con-nb.sfon 8et forth in 10 CTP Chanter I; and i

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c. The applicants are technically and financially qualified to engare W in the activities authorin d !.y this operating ideense, in accordance with the regulations of the Conmission set forth in 10 CFR Chapter 1 t 7 and >

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f. The applicable provisions of 10 CFX Part L/.O have been natis-fled; and

g. The issuance of this license will not be laimical to the co.=on Gefense and security or to the health and safety of the public.

Tacility Operating License No. DPR-24 is hereby issued to Wisconsin Electric Power Company and Wisconsin Michigan Power Company as follows: '

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1. This license applies to the Point Beach " nit No. 1 facility, a, closed cycle, pressurized, light water mode,ated and cooled reactor, and associated stcam generators and electric generating equipment (the facility). The facility tu located on.the applicant's Point Beach site, in the Town of Two Crocks, Manitowoc County,

r. bout 90 miles north-northeast of Milwaukee, Wisconsin, and is s/

described in the application as amended.

2. Lubject to the conditions and the requirements incorporated herein, the Commission hereby licenses the applicants:

A. Pursuant to Section 104b of the Atomic Er.ergy Act of 1954, as,anended (the Act), and 10 CFR Part 50, " Licensing of '

Production and Utilization Facilities " to possess, use.

and operate the facility as a utilization facility at the designated location on~the Point Beach site;

3. Pursuant to the Act and 10 CFR Part 70, "Special Nuclear Material," to receive, poss.ss, and use at any one time up to 1400 kilograms of U-235 contained in reactor fuel assemblics, 40 milligrams of U-235 contained in fission detectors, 80 grams of encapsulated plutonium as a Pu-se-neutron source, 75 milli-grams of U-238, and 120 milligrams of N -237 as contained in scaled dosincters, all in connection with operation of tha

. facility.

C. Pursuant to the Act .:. 10 CFR Pa r t 30; " Rules of General Appli- -

cability to Licensing of Byproduct Material," to receive.

possess..and use in connection with operation of the facility j two sources of Cobalt 60, not to exceed 60 microcuries each, one source'of Cobalt 60 not to exceed 2.341 curies, 4 sources -

of Cobalt 60 not to-exceed 10 microcuries each, one millicurie of Cobalt 60 and one millicurie of Cesium 137 in any form, one '

curie of Krypton 85 in gaseous form, two polonium-Berylliua '

neutron sources, one containing 216 curies of Polonium 210 and

.the other containing 220 curies of Polonium 210, both as scaled sources. ,/

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) . / tr:u.c.c.t *- + 'ot n.d 1C Cl0 - . . 7 's , eo p o.e co., %:t c.. . t .,c p a ra t e . .i. .i ma special a : ele .r r .;t er !:, u r.0 " L p rt .' - . h <refon of the lac!!!ty.

3. Thir. itc.:nse dall % dre.ed to cr'ntaia ari c.ubject to the cond:tions spec 1 iel in the folhvir r. Cc: r t :.s t an renulations :

10 CFR Part .N . Feet An 30.34 of 10 (Ti i~,ir t fr. Fection 40.41 of 10 CFR Ptrt t.0. .' a c t ions 5 0. 54 .m i */ .9-t 10 CrR Part 50,

> e and Section 74.32 of 3r. CFR Pr.rt 70; and is .v.. lect to all appin.Me rrc is.! es of the Act and te the :n o ;, regulations, and orders et the Omit.sion new or L. t c af t. r - offect; and is subject to the additionsl t.cnditicis ..periticJ below:

\I A. Max f r.i.m Pov, r I..ree1 g

• /he app icants ar.. authartied to operate the facility at eteady state paer Ic.iels not in excess of 151fs negawatts

( the r.?al) .

!! . Technica; St.ecifications The Techn: cal $pecitications contatned in Appendix A attached hereto are acreby incarparatta 1.n this IIcense.

• ihe applicants. t. hall operate the facilit.y .i t utcady state lower levels not in excess of 1518 re3 watta thermal in

..ccordante eith t :ie Technical b <>ci l ficat ions , and ray r.ake c hanges therein only when cutho:1/cd by the romrission :n c.ctordance with tbs. pt, visit.ns of Sect!cn 'O.33 t f 19 0FR Part S3.

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.i, e. A.a r.t.4 The applic nt s r ot.11 ; ale ce rt air * < ,' . t s in .icrordance with the requiremes,ts cf the Technit al :v e t ilt atJ ons.

D. }ecords The .epplicantr. .shal) kt.ep facility c,tratin.. records in a c. or da nc <. wi th : .e rec;uiret.icnts e i t; e Technical Specifica-t i ont. .

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4. Tl e applicant 4 sh di et, serv. .: c h a t .- .i.ir d.; an ! requirenents t'or t he protect ien : f t h en . r on: es t as ar( a *!dly irmased ptarta uan t to authecit*. U, t vi. l i ",;.c ri t.n k t Fed. u .u.d S t at e law anc .ts are deternined by the Cernialen rn ie applicable to -

the f acili ty ceverei! by t his 0;'e rat ir..; iicens.. This condition I does not apply to (a) radiolo/ical e: fects 1.irme such effects I are dealt with in ether provisionn of tr.e riper.iting license or (b) natters ef vnter quali:y ceven d by det. tion 21 (b) of

• the Federal b'ater l'ollution Control Ar t .

5. This license is effective as of the date c.f 1,suance, and shi.ll expire at midni ;ht t July 19, 2007.

FOR IHE ATO:if C FNE~df.Y CM11SSICN M

Peter A. *!orrire, Director ,

Division of Re.eter Licensing At tachm::n t :

Appendix A-Technical

} Specifications Date of Issuance:

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EXHIBIT . C i

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- Iccket Ilo.' 50-249 JAN 1.' 1971 N

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Iir. Leroy Stratton (_,a- Pr Bureau of Fadiological 11calth .

Illinois Dr.partoent of Public iscalth g\, , <

Springfield, Illinois 62706 . ,

Dosr tir. Stratton:

Parsuant to Comission ordern dated January 3, l')71 and January 11, 1971, the Atomic Energy Coteiinaion han issued Facility operating -

License 110. DPR-25 to Cor=anvcalth Edison Company authorizing initial fuel leading and lor-power arartup testinn of the Drenden Dicicar Power Station Unit 3 at power Ic.vala not to exceed one ners-

. watt thermal, and without the reactor vcesel head in place.

I rn enclosing one copy each of the Cocciacion's ordern, the facility licanae, including the Technical Specifications, cnd a reinted notico which has 1,cen forwarded to the Offica of the Federal Regi,ter for /

filing and publication.

Sincerely yours, er;t t eet s w 4 sy If 'tr *.. I,8& r'il Peter A. itorris, Director liivir.icn of P.cactor Licenning  ;

Fnclosures: '

l. Ce,cnission orders

2. I.icense l'o. DPR-25 w/T.S.

3.. Federal Register 1 otico 9

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AEC PUBUC umnosuas DOCUMENT ROOM j ;f s:-

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, ATOMIC ENERGY COMMISSION r - WASHINCeTON. D.C. 20545

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JAN 12 1971 Dechet No. 50-249 _

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Mr. Sidney C. Carr J/';

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Chairnan, Board of Supervisors y" '

f of Grundy Cc,unty / ,-

Grundy County Court llouce ,,

!! orris, Illinois 60450 Q'/,'<]rfir.,,'

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Dear h'- . Carr:

Purnuant to Comnission orders dated January 8,1971 and January 11, 1971, the Atomic Energy Co:Inission han losued 7scility Operatint,

'icenno No. L,PR-25 to Cor:nonvcalth raison Company authorizing initial fuel loading and low-power startup testing of the Dresden Nuclear Power Station Unit 3 at power levels not to exceed one mega-vatt ther:nl and without the reactor vessel head in place.

I am anclosing one copy each of the Conunission's orders, the facility license, including the Technical Specifications, and a related notice which has boon forwarded to the Office of tl.a Federal Regiator for filing and publication.

Sincerely yours, ainsitial siprIIT Docaid F. Ent.th Roger Boyd, Aneistant Director for loilint Vater ::caccora Division of P.cactor Licenaina r.nclosures:

1. Cercaission order

2. License No. DPR-25 w/T.S.

3. Federal Register notice

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Y wisamcien.o c. am 4' G ntstIts .\

-AEC PUBUC DOCUMENT RON f trtc p.,

CO:010:NEAi,Til !.DISON CO!!PANY 'd JMi131971 * -2 ch0 --,

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FACILITY DIT. RATING T.ICI:NPf gf , p

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License No. DPR-25 The Atomic Encrgy Commission (the Commission) having found that:

a. . Comonwealth Edison Company (the applicant) has submitted to the Commission all technical information required by Provisional Construction Permit No. CPPk-22, the Atomic Energy Act of 1954, as amended (the Act), and the rules and regulations of the Commis-sion to complete the application for a construction pernit and facility license t'ated. February 10, 1966, as supplemented b- appli-

. cation for a facility license dated November 17, 1967 and amended by Amendment Nos. 2 through 24, dat.ed August 30, 1968, November 21,

~1968. Fabruary 28, 1969, March 18, 1969, Spril 16, 1969, May 20, 1969 July 2,1969. July 22,1969 August 5, 1969, August 8, 1969, August 18, 1969, August 18, 1969, Set,tcnber 7, 1969, October 16, 1969, May 7, 1970, August 11, 1970 and September 4, 1970, respec-tk ely (the application); and supplemented by the applicant's letter dated December 17, 1970, and telegram dated December 18, 1970;

b. The Dresden. Nuclear Power Station 1* nit 3 (the facility) has been

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substantially completed in conformity with Provisional Construction Permit No. CPPR-22, the applicat ion, the provisions of the Act and the rules and regulations of the Cennission;

c. The f acility vill operste in conf orr.ity with the application, t b r-provisions of "he Act, and the rules and regulattom of the Com-mission;

.d. There is reasonable assurance (!) that the facility can he operated at paver' levels not in excess of one negawatt (ther al) in ac:ord-ance with this licenw without endangering the health and safety of the public, and (11; that su: h activit ies elll be conducted in compliance with the rules and. re,rulat ions of the Co . mission;

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e. The applicant is technically and financially qualified to engage in the activities authorized by this operating license, in accond-ance with the rules and regulations of the Commission;

f. The spplicant has furnished proof of financial protection to satisfy the requirements of 10 CFR Part 140;

g. The Isauance of this license will not be inimical to the co= mon

• defense and security or to the health and safety of the public; Facility Operating License No. DPR-25 is hereby issued to Commonwealth Edison Company (Connonwealth Edison), as follows:

1. This licenso applies to the Dresden Nuclear Power Station Unit 3, a single cycle, boiling, light water reactor, and electric gener-ating equipment (the facility). The facility is located at the Dresden Nuclear Tower Station in Grundy County, Illinois, and is described in the " Safety Analysis Report," as supplemented and '

amended (Amendment Nos. 8 through 24).

2. Subject to the conditions and requirements incorporated herein, ,

the Commission hereby licenses Commonwealth Edison:

A. Pursuant to Section 104b of the Act and 10 CFR Part 50, "Li-censing of Production and Utilization,Facilitics," to possess.

use, and operate the facility as a utlization f acility at the designated location at the Dresden Nuclear Power Station; a

B. Pursuant to the Act and 10 CFR Part 70,* "Special Nuclear. ,

Material," to receive, possess and use at any one time up to l 5,000 kilograms of contained uranium 235 in connection with ,

operation of the facility; .

C.. Pursuant to the Act and 10 CFR Part 30, " Rules of General i I

Applicability to Licensing of Byproduct Material," to receive, possess, and use in connection with operation of the facili f 17,500 curies Antimony 122-124 as fourteen sealed scurces not -

f' to' exceed 1,250 curies cach; and six curies Americiun 241 as }"

a sealed source; and .

D. Pursuant to tha Act and 10 CFR Perts 30 and 70, to possess,

'but not to separate, such byproduct and special nuclear materials

. ao ray be produced by operation of the facility. ,

3. This license shall be deemed to contain and is subject to the condi-tions specified in the following Commission regulations: 10 CFR j i

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. s- es l Part 20, Section 30.34 of 10 CFR Part 30, Section 40.41 of 10 CFR ,J Part 40, Sections 50.-54 and 50.59 of 10 CFR Part 50, and Section 70.32 of 10 CFR Part 70; and is subject to all applicabic provi-sions of the Act and to the rules, regulations and orders of the Commission now or hereaftet in effect; and is subject to the addi-tional conditions specified below:

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! A. Maximum Power Level Commonwealth Edison is authorized to load fuel and operate'the facility at pcwer levels not in excess of one megawatt (thermal),

- provided that the reactor vessel head is not installed on the l , reactor vessel.

B. T,cchnical Specifications l

The Technical ~Specificatiens contained in Appendix A attached

, hereto are hereby incorporated in this license. Commonucalth

! Edison shall operate the facility at power levels not in excess of one metawatt (thermal) in accordance with the Technical Specifications, and may make changes therein only when author-ized by the Coramission in accordance with the provisions of Section 50.59 of 10 CFR Part 50. .

C. Reoorts Commonuealth Edicen shall mske certain reports in accordance ,

with the requirements of the Technical Specifications.

D. Records Commortwealth Edison shall keep facility-operating records in accordance with the requirements of the Technical Specifications.

4. Comnonwealth Edison shall observe such standards and requirements

. for the protection of the envircnment as are validly imposed pursuant to authority established under Federal and State law and i as are determined by the Commission to be applicable to the facility j l _ covered by this operating license. This condition does not apply ,

i to radiological effects which are dealt with in other provisions of I

this operating licence nor to matters of water quality covered by L Section 21(b) of the Federal Water Pollution Cc.. trol Act.

5. - Commonwealth Edis6n shall comply with all applicable requirements of l Section 21(b) ef the Federal Water Pollution Control Act.

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6. This license is effective as of tbc date of issuance, and shall ,

expire at midnight October 14, 2006.  ;

.i FOR Tile ATOMIC ENERGY CO>CiISSIO:I i 3

Original Signed by f Peter A. Warris .

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Peter A. Morris, Director '(

Division of Reactor Licensing  ;

Enclosure:

J Appendix A - Technical Specifications 5 t

i Date of Issuance: JAN 12 1971 0'

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1. ,d January la, '.971 A t T~Q \

Dr. Peter A. ?!arris, Director ,

Division of Reactor Li.:cosing ,

U.S. Atonic Energy Connission liashington, . D.C. ' 2054 5

Subject:

Additional Infornation Rc.lative to Operatin.: '

License DPil-19 for Dresden Unit 2, AEC Dht 50-237, ~

and Operating Iicense f DPR-25 for Dresden linit 3, AEC Dkt 50-249

Dear Dr. ! orris:

The purpose of this letter is to provide you uith infornation relative to the nodifications being i,ade to the con:rol rod drives on Dresden Units 2 and 3.

As you are attaro, the hoiling unter reactors, both foreign and doncstic, which have started up in the past tuo years have c>.perienced increasing control rod drive scran tines. The data frem these reactors indicate that this is a start-up or break-in problen and, uith tine, tends to be scif-correcting. 0.ir data frou Dresden Unit 2 indicate that 350 of the control rod dr,ives have not experienced this phenonenon, uhile the reunining 150 have had varying and erratic scram tines. Technical specification requirencnts 'for individual drives on Dresden '; nit 2 have been' exceeded on several, occasions, but at no tino has the averano of all scran tines ever approached the technical specification requirenents. Consequently, uc intend to podify the '

, design of the control rod drives to prevent siuilar occurrences in the future.

I The nodification is ba'ically a change in the location of '

the inner filter. This nodific: ~ on allovs the filter to provide its function of protecting the stop .dston seals and bushings but clininatos the need to pass the water ubich is introduced -into or voided fro:.1 the index tube when the CRD is noved.

The original CRD, ?!odel 7RDL144A2, utilizes an inner filter

- which is attached to the louer end of the coupling spud. In this location, the inner filter novcs with the noving parts of the drive whenever the CRD is inserted, withdrawn or scranned. Daring scran, the dounuard forces on the Ci!D index tuhc (due to drawing a vacaun as the index tube is inserted) are mininized by passing water throuch the

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inner filter at lou pressure drops. If the resi!.tance to flou through this inner filter increases, the pressure drop across the filter ,,

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