ML20138A128

Petition for Immediate Suspension of License NPF-39 Due to Changes of Water Withdrawal Criteria from Temp to Dissolved Oxygen,Flow Limit & Reassignment of Water Allocations,In Violation of Ets.Supporting Info Encl

ML20138A128
Person / Time
Site:	Limerick
Issue date:	03/05/1986
From:	Anthony R ANTHONY, R.L., FRIENDS OF THE EARTH
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
CON-#186-368 2.206, NUDOCS 8603140079
Download: ML20138A128 (3)

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2' U.S. NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-352.353 15: PHILA.ELEC.CO. Licorick 0:2. Sta. Voitg 1;d,i 2 y y 3 E FOR IMMEDIATE S SPERSION Og LICENSE PETITION To THE COMMISSION PROM ANTHONY -

- . . . - m NPF-39 ISSUED TO PECO,FOR VIOLATIONS OF

,TEND

~II'B(NPFp), UNDER 10 CFR Sec.50.100. l to require o o a- s on1/17/86Authony/Fosappealedtothe 4l ply with the resguirements of License RPF-39,Kpp. Bewhich were violated in PEco's l

cpplication 12/16/85 to the Delaware River Basia Commission for changee sa the $

comprehensive plan for withdrasal of water for Limerick oooling from the Sehuyl- -

kill River.( See T.B. Conner letter to S.J.Chilk,1/24/86 enclosing the application, horeafter(Appl.12/86). We received sin answer, dated 2/26/86,from H.R.Dentoa stating that there was no need for the NRC to act on our petition and that he did not in-We now petition the Commission to 3 t0:4 to issue "a formal Director's Decision". f cuopend License NFF-39 under the proeisions of 10CFR $0.100,especially the final

• license. .. may be revoked, suspended,or modified. . . . . .for violation of,or

""**'Ifailure to observe,any of the terms and provisions of the not , regulations, license, permit,or order of the Commission. (Esphasis added )

1. Mr. Denton states (2/26/86)"that the requirements of EPP (App.B.) are trig-gered at the time PEco would take any propos.ed actions",and " PBco has met takaa .

cay of the actions it has proposed to DRBC". He is mistakens PECo has taken these ,

[

cotions as set forth in the application, Appl.12/86,page 9: f From August 9,1985 to November 30,1985, there were 31 dayser river availa- i bility pained due to the substitution of D.O. mesitoring for the tempera-ture criteria. .......

During much of the, early testing period when flow and B.O. levels were low the transfer, of allocations from Titus and Crosby allowed the plaat to operate' unrestricted. }

The statements above from PEco provide the evidemos of actions in violation of .

App. B by PEco during 1985. changing the withdrawal criteria from temperature to  :

Disolved Oxygen, flow limit,and rearaignment of water allocations fros other plaats.

These changes have extensive environmental impact and are forbidden in App. E, I

ospecially Para.3 1,which concernai operations " significantly affect (ing) the c vironment" and involving "an unreviewed environmental qvestion". Para. 5 3

$ r: quires an assessment of impact cf changes and states that " changes in the EPP shall not commenee prior to NRC approval... in the form of a' license amendment."

$g PEco violated the terms of the license by the changes in water withdrawals

" from the Schuylkill in 1985 and has filed its intention te continue these viointions D in 1986. License NPF-39 must be suspendede until App. E requiregents are full-e< filled and hearings have been completed on the environmental affects of changes, l

f and the required license amendment issued as an outcome of the hearings. Sea.50.100 o calls for suspension on the basis of past violations as well as continuing ones.

2. PEco's application (12/86) and continued operation of D.O. monitors currently

! violate the requirements of App. B ,especially Para. 3 1 and 5 3 as set forth in

i- 2 --

our p3titicco.; 4/29/85 to ALABI 10/1/85 to the Ctaniccical c:a 1/17/86 to Dir.

NRR. The present application violates the conditions set forth in App.B 3 1 :

Before engaging in additional construction or operational activities which may significantly affect the environment,the licensee shall prepare and record an environmental evaluation of such activity .....

When the evaluation indicates that such activity involves an unreviewed envi-rommental question, the licensee shall provide a written Then such activity evaluation involves of such a change activity and obtain) prior NBC Approval.

in the EPP,such activity and change to the EPP may be implemented only in socordance with as appropriate license amendment as set forth in Section 5 3 of this IPP. (Esphasis added ) NRC approval PEco violated the above by omitting an environmental evaluation and prior A before engaging in construction and operation. Evidence of current, ongoing con-struction and operation comes from the published notes from DRBC of its Meeting 1/22/86. (See Attachment 1. page 3 from the DRBC 1/22/86 notes) :

Mr.Boyer revised his application by requesting that DRBC approve withdrawals when average oxygen values in five of the six pools satisfy the 4 2 ag/l mini-mua instantaneous value and 5 1 ag/l miniana daily average value. He reported that all aositoring stations are in place and operating (added)

This statement proves that PEco has conettuated and is operating the D.O. monitors in violation of para. 31,without an environmental evaluation or NRC approval of the chamar, from temperature restriction,and PEco has ikplemented such a change by constructing and installing and operating the D.O. a t g This construction and operaties is in-violation of para. 5 3 which aisea*that tha filing of PEco's application (12/86) " triggers"the envirossental impact ski $h 6 did not submits R8 guests for changes in the EPP shall include as assessment of the environ-T551EE"Tapact of the Droposed ohmaze and a supporting justificaties.(added)

This proves that the" trigger" is not limited to " the time PEco would take any preposed actione"eas Mr.Denton asserts (2/26/86), bat comes with the reauest for nrososed ohnere.

3. PEce's reaueet (Appli.12/86) indica tes the intention of continuing the violatione of the lieense granted by BRDC is response to 1985 applications ( see 12/86 title page.):

.. substitution of in-strema mo' itoring of dissolved oxygen levels in place

' of the 59'P temperature constraint,similar to the substitution rranted. . .(May 29,1985)g med by transfer of the existing oosenaptive use (Titus and crosby statiosaJ....of the Schuylkill River water for Limeriok,said transfer orizia-alir masted... ( August 9,1985).

4 51see 79Co's oemetruction sad operaties of 3.0. mesitors as well as its renewed regaeet for similar obseges in the BRBC eenpact to those of 1985 sonstitute direct violations of Lioneoe NPP-39,the license aset be onepended under 10 CFR 50.g I oortify service by mail on : NRC Seo., Gen. Counsel, Respectfully submitted, Dir. NW ,Dookoting, PEco, P. Romano, LEA ggf, g M /44 [ f M / , //7 M Box 186 Moylas,Pa.19 5 l

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3 Alues.Bm i  ;

Mr. Yaack noted l program this year to improve system reliability in the area. d county I that a countywide water plan is being developed with the purveyors anW .

4 planning commission. subdivisions to acquaint them with the impact of their land u .

water resources.

In order to allow use of the well on an emergency basis whiledaddressing to the concerns raised by the U. S. Fish and Wildlife Service, Mr. Ranuck llow the move i i authorise the Executive Director to prepare an emergen l provide meeting with the understanding that Philadelphia Suburban wil concerving interconnections or alternate sources of .,

additional information Seconded by Mr. Weston, the motion was approved unanimously by water supply.

Mr. Hansler expressed concern regarding emergency approval roll call vote.

for a well to meet new growth in addition to existing needs when t on perennial streams is unknown.

use will be carefully evaluated.

Mantua Township Municipal Utilities Authority(D-85-16 (NJ), consolidation CP); of a grou water allocation-and ground water withdrawal project, Ski Area)(PA), sewage treatment Blue Ridge Real Estate Company (Jack Frost plant modification and expansion, (D-85-81); and (PA), a ground water withdrawat project, Pocono Paras East Water CompanyWith no testimony offered, Docket Nos. D-85-16 CP (D-85-86 CP).

D-85-86 CP were moved, seconded and approved.

Philadelphia Electric Company (PA), revisions to a surface water withdrawal project during 1986 involving substitution ofexisting D0 for operating temperature gener-constraints and a transfer of consumptive use allocations at l ating stacions to new use at. Limerick Generating Station, (D-69-210 CP P Revision No. 5). Mr. Evegatt explained that59 P limitation to determine the availabil substitution for the from an earli'er stellar approval in its of 7.0 mg/l minimum Schuylkill River water differs request for elimination of the DRBC-imposed requirement DO from March 1 to June 15.

• Ms. Weisman listed the following hearing record correspondents to dater Pennsylvania Fish Commission, Green Valleys Association, Trout Unlimited, f Friends of the Earth, and Mary Ellen Noble.

Boyer, Senior Vice President, Nuclear Power, Philadelphia t Mr. Vincent S. incorporated his testimony into the record, stating that Electric Company, the request is necessitated by the unavailability of the Providing Point Pleasantplant Diversion Project in 1986 for supplemental cooling water. i operation and river oxygen, temperature and flow data, Mr. Moyer revise application by requesting that DR8C approve withdrawals when average oxy r values in five of the six pools satisfy the 4.2 ag/l sintaum instantaneous He reported that all l value and 5.1 ag/l minimus Jaily average value.

monitoring statione are in place and operating.

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