ML19209B179

Forwards B-Engrossed House Bill 2570,enacted by State of or Legislative Assembly.Bill Prohibits Issuance of Site Certificate for Nuclear Facility Until 801115.State of or DOE Will Study TMI Accident & Radwaste Storage Costs

ML19209B179
Person / Time
Site:	Skagit
Issue date:	07/24/1979
From:	Sandvik R OREGON, STATE OF
To:	Yore J Atomic Safety and Licensing Board Panel
References
NUDOCS 7910090284
Download: ML19209B179 (4)

Text

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' lAMES A. REDDEN c::ssa cuts gg e ;; w . u . . . . -. . . . .

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pm . unt, ac. So f2 A,82,3 DEPARTMENT OF JUSTICE PORTIANo DIVISION 500 Pacific Suilding 520 5.W. Yamhill Portland, Oregon 97204 Telephone: G03) 229-5725 gG,

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July 24, 1979 [{

petj# j s keg.,4 *' 6 James Yore, Chairman Atomic Safety and Licensing Board k b 5101 Acacia Avenue Bethesda, Maryland 20014

Dear Mr. Yore:

Enclosed is a copy of B-Engrossed House Bill 2570, enacted by the Oregon Legislative Asse.mbly and signed by Governor Victor Atiyeh. The bi_11 prohibits the Energy Facility Siting Council from issuing a site certificate for.the proposed Pebble Springs project until November 15, 1980, at the earliest.

Under the bill, the Oregon Department of Energy is required to conduct a study of the Three Mile Island in-cident "to ascertain what action, if any, should be taken by the State of Oregon to prevent or avoid similar prob-lens from occurring in this state." The DOE is also re-cuired to study the issue of the availability and costs of long-term storage of radioactive waste. The DOE must file its findings with the EFSC no later than. July 1, 1980, unless an extension is granted based upon a showing of good cause. The material filed must be made a part of the record of the Pebble Springs site certification proceed-ings, and the parties thereto must have an opportunity to rebut the DOE's findings by cross-examination or other tes-timony.

The legislature also provided that the EFSC can com-mence its deliberations on issues in the Pebble Springs proceeding unaffected by House Bill 2570.

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James Yore, Esquire Page Two July 24, 1979 The Oregon DOE is commencing the tasks assigned it by HB 2570 immediately. Once a schedule for further proceed-ings is developed by the EFSC, I will transait it to the licensing boards and parties in the Pebble Springs and Skagit proceedings pending .before the Nuclear Regulatory Commission.

Sincerely, 204.-

Richard M. Sandvik Assistant Attorney General RMS/sg Enclosure cc: (w/ encl.)

Pebble Springs NRC Service List Skagit NRC Service List 1113 !r8

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OREGON LT.GISLATlvE ASSEMBLY-1979 Regular . 7, Ses

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") B-Engrossed q p. - . r

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House Bill 2570 Ordered by the Senate June 20

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. (Includir4 Amendments by House Apnl:4 and House Minonty Repn<t No. t May 3 and by Ser h Sponsored by Representatives BAUMAN. BURROWS. FADELEY. KAFOURY. KLEIN. STARR. Senators BROWN, KULONGOSKI. ROBERTS. WYERS. Representatives CHRESTJ FAWBUSH. Kir2HABER. MONROE, PRIESTLEY. RICHARDS. Senators FADELEY. CARCNER. HALLOCK. %1NGARD SU5 DIARY .

J The fo!!owing surnmary is not prepared by the sponsors of the measure and is not a part of de body thereof subject to consideration by the Lc;slative Assembly. It is an editor's bnef statement of :he essentisi features of the me2sure.

Directs Department of Energy to conduct study of incident at nree Mile Island nuclear plant in Pennsylvam,a to ascertam actions necessary to prevent similar problems in Oregon and to file findings with siting council before July 1.19S0. Makes those fmdings a part of all pending applications before council for site ceruficate. Requires council mdce as part of findings determination that adequate repesitory for nuclear waste will be availab!c. Does not apply to nuclear plants for which site :ertificate granted before effeedve date.

Prohibits granting of any pendmg or subsequent site certificate applications until study completed. Repes!s proniciL of Act July 1,1981.

Declares emergency, effeedve July 1,1979.

I A DILL FOR AN ACT

Relating to nuclear fueled thermal power plants; prescribing an effective date; and declaring an emergency.

3 De It Enacted by the People of the State of Oregon:

4 SECTION 1. He Department of Energy shall conduct a study of the incident which occurred at 1e nn:e h 5 Mile Island Nuclear Plant in the State of Pennsylvania on or about March 30.1979, to ascertain what action, if 6 any, should be taken by the State of Oregon to prevent or avoid simihr problems from occurrin; in this state.

7 ne deputment shall also include in the study, an examination of the availability cf !cng-te: n stora;c for a radioactive wastes generated by nuclear fueled thermal power plants and the costs of tuch tong-term storage.

9 SECTION 2. De Department of Energy shall file its findings relating to the Bree Mile Island incident and to its recommendations regarding the same with the Energy Facility Siting Ccuncil no later than July 1,1980. An

!! appropriate extension of the foregoing time limit may be granted by the Enerr;y Facility Siting Council for good 12 cause shown.

13 SECTION 3. De findings and recommendations of the Department of Energy shall be made a part of M1 Ic proceed;ngs now pending before the Energy Fr.cility S!' ting Council for site certifica:es for nuc!ce instdiations 15 and nuclear-tueled thermal power plants subject to the ri;ht of any participant in such proceeding to rebut su:it 15 findin;s and recommendations by cross-examination or other testimony, ne counci! r.s prt of any finnj ordct 17 on any pending or subscquent applicadon for a site certifi:ste for a nuclear installation or nucle:r-fu:!ed 15 thermal powcr p!r.nt sha!1 make as a part of its findin;s a dete=inaden tat 2:re di be .n av:ti!a' and 19 adeque.te repository for the terminal storage of radior.c:ive waste gene:a:ed by nucier-fuc'ed Ser nr.1 power M ple.nts and that de economic cost of such termina! stomge is known and reasonable.

t SECTION 4. De provisiens of section 3 of thia Act do not apply to any nucter fue!cd th:=al power piant

fer w hich a site certificate was i;-c.nted before the effective date of this Act, NOTT.: ?.ts:ter in bold race in an arr. ended section is new: mat:er (italic ad bmettreal is existing Isw to be emitted; complete new sections bcon with SECTION.

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B-Eng. HB 2570 (2) ,

I SECTION 5. Notwithstanding the provisions of subsecdon (3) of ORS 469.370, no pending or suesequent

applicadon for a site certificate for a nuclear instalbtion or a nucle.ar fueled power plant shall be approved by 3 the Energy Facility Sidng Council before November 15,1980. and und! the provisions of secdons 1 to 3 of this 4 Act itave been satisfied. Nothing in this secdon shall prevent the Ena.rgy Fa:ility Siting Council froca naking 5 apprcpriate findings on other issues before it pending receipt of the study required under secdon 1 of this Act.

6 SECHON 6. The cost of the study required under secdon 1 of this Act shall be paid from the fee required 7 of the applicant under subsecdon (2) of CRS 469.420.

S SLCHON 7. Secdons I to 6 of this Act are repealed on July 1,1931.

9 SECHON 5. This Act being necessary for the immediate preservadon of the public peace, health and to se.fety, en emergency is declared to exist. and this Act takes effect July 1,1979.

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