ML19273B287

Clarifies Views on Wild & Scenic Rivers Act.Skagit River Is Protected Under Act.Finds Second Review Redundant & Not Legally Required.Applicant'S Mitigation Proposals Will Be Reviewed by May 1979

ML19273B287
Person / Time
Site:	Skagit
Issue date:	03/08/1979
From:	Bergland B AGRICULTURE, DEPT. OF
To:	Deale V Atomic Safety and Licensing Board Panel
Shared Package
ML19273B285	List: ML19273B287
References
NUDOCS 7904060077
Download: ML19273B287 (2)

Text

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. March 8 1979 Valentine B. Deale, Chain an Atanic Safety and Licensing Board 1001 Connecticut Avenue, N.W.

Washington, D.C. 20036

Dear Mr. Deale:

This is in reference to the pending ad:ainistrative proceeding before the Atomic Safety ard Licensing Board in the matter of the Skagit Nuclear Powr Project, Docket Nos. STN 50-522, 50-523. We have received copies of several recent submissions to the Board pertaining to the status of outstanding issues. There is apparently scxte dis-agreenent among several of the parties to the proceeding over tFa requirements of the Wild and Scenic Rivers Act, 16 U.S.C. SS 1271-1287, and our statutory responsibilities under Section 7 of that Act. I want to clarify for you and the Board our views on this matter.

The Wild and Scenic Rivers Pct affords statutory protection to certain free-flowing rivers fram the construction of water resources projects which would pose chrect and adverse effects on the rivers' natural values. This protection extends to rivers being studied for designation under Section 7(b), and those already included in the system under Section 7(a) .

On April 11, 1978, this De-Ant made a detennination pursuant to Section 7 of the Act that the Skagit Nuclear Pcer Project could be licensed only if various mitigation measures were ur&rtaken, and only if Congress acted favorably upon the thinistration's proposals for Wild and Scenic River designation. The Congress did act favorably upon the designation proposals in enacting Section 703 of the National Parks and Pecreation Act of 1978 (Pub. L.95-625), which designated the Skagit River a ccnponent of the National Wild and Scenic River System. This designation was unde with the full kraaledge by the Congress of the proposed pcuer project as that subject was addressed in written subnissions to the Congressional cormittees and in oral testirony.

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Valentine B. Deale, Quirran 2 Scrie opponents to the Skagit project have asserted that the Departrent of Agriculture nust ncr.1 make a new determination of the issues pursuant to Section 7(a) of the Art since the legislation supersedad car April 11, 1978, detem.ination. We do not agree that this is necessary. That detemination was cade in anticipation of favorable action by Congress on the Administration's designation proposals. At that time, we felt obligated to apprise the Congress of the effect the designation would have on the licensing of the project. Since the present project proposal is essentially unchanged from the proposal we reviewed in our April 1978 deternunation, we see a second review and determination to be rMe t andn not legally required.

Mut rcrains to be done is this Depart:nent's review of the applicant's proposed mitigaticn proposals. The environmental inpacts of these proposals are being studied by the Forest Service.

That process should scon be ccxrpleted, after which we will notify the Nuclear Pegulatory Ccmrission of our decision. If the mitigation is detemined to be satisfactory, we will view such a decision as satisfying our statutcry duty under both Sections 7(a) and 7(b) of the Wild and Scenic Rivers Act. A reasonable time to expect our final determination on mitigation would be May 1979.

We hope this clarifies our role in this ratter. We are providing copies of this letter to the principal parties in this ratter.

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