ML19344F540
| ML19344F540 | |
| Person / Time | |
|---|---|
| Site: | 07002909 |
| Issue date: | 07/01/1980 |
| From: | Amos M ALABAMA, STATE OF |
| To: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| 16923, NUDOCS 8009150411 | |
| Download: ML19344F540 (10) | |
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STATE RECEIVED 5,
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g g OFFICE OF STATE PLANNIN o= car. ALAB AM A 36 iso (205)832-6963/6964 AND FEDERAL PROGRAMS July 1, Wl
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Mr. Ronald P. DiPiazza, Manager NES License Administration Box 355 e
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FROM:
MichaelR. bros, dministrator State Clearinghouse M
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SUBJECT:
DRAFT $NVIRONMENTAL IMPACT STATBIENT Q
4UG g 4 Applicant: Westinghouse Electric Corporation Ls Project:
Draft Environmental Report for Alabama Nucle ff Fuel Fabrication Plant, Prattville, Alabama.
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Docket No. 70-2909
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State Clearinghouse Control Number: OSP-006-80 The Draft Environmental Impact Statenent for the above project has been reviewed by the appropriate State agencies in accordance with Office of Management and Budget Circular A-95, Revised.
Tne corrments received from the reviewing agencies are attached.
I l-Please contact us if we may be of further assistance.
Correspondence l
h regarding this proposal should refer to the assign,ed Clearinghouse Number.
f A-95/05
{t Attachments Agencies contacted for cornnent.
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Central Alabama Regional Planning and. Development Conmission j
Air Pollution Control Ccmnission I
i Environmental Health Administration f
Attorney General's OfRice m..
Conservation and Natural Pesources l
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Histo ' cal Conmission t
Geo gical Survey of Alabama ate Planning - Wallace f'
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41r. Robert Ryan, U. S. Nuclear Regulatory Cortmission (NRC),
i Office of State Programs, Washington, D. C.
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REQUEST FOR REVIEW 0F PROJECT NOTIFICATI,0N, y
T0:
Honorabl7 Charles Graddick "CH Number:
-Attorney General Applicant:
Westinghouse Electric Corp.
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Program:
Draft Environmental Report for Alabama Nuclear Fuel Fabrication Plant,,Prattville, Alabama. Docket No. 70-2909 2
DATE:
April 7, 1980 Return Prior to:
May 16, 1980 Date Please ' review the attached Environmental Impact Statemen.t and indicate your-1,9 comment with respect to any environmental impact involved.
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Comments: * (Please check one block.)
No comment (Environmental Impact Statement is,in orddr and no additional comments are offered.)
Coments (Elaborate below.)
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Comment here:
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SEE ATTACHED MATERIAL e
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Signature Please Return Original to:
BENJAMIN COHEN ASSISTANT ATTORNEY GENERAL Office of State Planning.
and Federal Programs 3734 Atlanta Highny Montgamery, Alabama 36130 FORM CH-2a 8/71 4
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O rrice O r T us Troansy Gensait
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CHARLES A. GRADDICK Lac L ATTORNEY GENERAL ouvv arro H A,Ls uc G =..'
STATE OF ALABAMA
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May 13, 1980 Office of State Planning and -
Federal Programs 3734 Atlanta Highway Montgomery, Alabama 36130~
Re:
Request for Review of Project Notificati6n, CH No. OSP-006-80, Westinghouse Electric Corp., Alabama Nuclear Fuel Fabrication Plant, Docket No.
70-2909
Dear Office of State Planning:
Attached are comments on the above environmental report.
Please note that all comments are contained in this material and not on the supplied sheet.
. Sincerely yours, ff' fl/fCNf BEN IN COHEN Assistant Attorney General BC:bb Enclosures-l
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COMMENTS ~ON THE ALABAMA' NUCLEAR FUEL FABRICATION PLANT ENVIRONMENTAL REPORT The-Alabama Attorney General's Office is concerned with the administration of the National Environmental Policy
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Act of 1969, 42.U.S.C.. S4321,.et seg. (NEPA) and has, on numerous occasions,. taken action to safeguard its -implementa-tion.
As such, we are familiar with virtually every aspect
- of the act and; feel qualified to comment on matters under NEPA jurisdiction.
By.its nature however,' the Attorney General's Office is a~1egal agency without the technical expertise to judge documents such as the Alabama Nuclear Fuel Fabricating Plant Environmental Report - (ANFFP Report).
In such situations technical. experts must be employed.
The question that must be raised is whether NEPA envisioned this situation.
-From the outseticourt analyses of NEPA have clearly addressed this' question.
A general concensus has emerged.
If' documents are prepared in accordance with UEPA and comply with the' substantive'and' procedural requirements of NEPA, agencies.such as the. Alabama-Attorney General's Office and for that matter any interested individual can form reasonable-2-
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conclusions'basedfon'the documents alone.
It is not enough to. question whether a particular document. is understandable but'the question.is1whether every NEPA safeguar'd has been
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employed to reach the mandated goal.
It'is only after a careful and deliberate NEPA process can we judge the final product knowing-that every effort to educate and understand s
has been made.
NEPA requires that an environmental impact statement (EIS) be, prepared by the appropriate-federal agency for all major federal actions significantly affecting the quality:of the-human environment.
42 U.S.C.
54332, NEPA S102.
Clearly there is no question that some environmental statement should'be prepared for the ANFFP.
See Calvert Cliff's Coordinating Committee v. U. S. Atomic Energy Commission, 449 F. 2d 1109 (D.C. Cir. 1971).- The procedure for producing such a statement and the form it takes depends on the purpose of And the requirements of NEPA.
The ANFFP Report is neither an EIS nor was prepared with NEPA procedures; therefore, its validity as a public
'information document is questionable.
The report was pre-pared by the Westinghouse Electric Corporation in compliance with the Nuclear Regulatory Commis'sion's (NRC) licensing
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regulations found in 10 CFR Part 51.
While Westinghouse should be commended for preparing the document, NEPA is not
. satisfied.
In a project of this magnitude, complexity and significance every procedural r,afeguard should be taken to s
educate the 1 p ublic.-
The NEPA mandate addresses itself~to the NRC.
Under S102-of NEPA it is NRC not Westinghouse that shall prepare
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an EIS.
If NRC chooses to solicit help from potential licenses, valuable time may be gained; however, NRC still retains the responsibility.
The statement should be pre-pared in a neutral forum not by those who stand to gain from its conclusions.
We do not suggest that Westinghouse did or would manipulate the statement.
It is o.dy human nature to present one's case in light most favorable.
This is a reality we deal with daily.
The technical nature of this project will produce technical documents but may be simplified through an EIS.
The court in Environmental Defense Fund v.' Corps of Engineers,
('.D. Miss. 1972) addressed',this question.
348 F.
Supp. 916 N
They said:
The EIS must be written in language that is understandable to non-technical minds and yet contain enough scientific reasoning to alert specialists to particular problems within the field of their expertise.
The statement must in-clude a discussion of problems and objections raised by other federal,. state and local agencies in the prescribed re-view process and the responsible agency's disposition of those issues.
The end result 6f an impact statement is to synthesize the probably significant effects of the project upon the quality of.the environment in sufficient detail to enable the agency, the decisionmakers, and the public to have an informed judg-ment regarding the merits of the proposal.
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Id. at 933.
It is not necessary to debate the question of whether the ANFFP Report satisfies the court's criteria.
The missing _ aspect of the report is that rao NEPA process was followed.
This process is an educating one for the
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e responsible agency, other agencies'and interehted public individuals.
Without that proce'ss all purpose of NEPA is lost; therefore, a detailed EIS should be prepared for the ANFFP.
The above comments specifically address one sentence in.the ANFFP Report.
On page 1-1 the report states:
The purpose o'f the following evaluation is to assist the NRC in determining whether a detailed Environmental Impact Statement is required as a prerequisite to action on the request.for an'SNM License for full fabrication activities to be conducted at the Alabama Nuclear Fuel Fabrication Plant (ANFFP) site near Prattville, Alabama.
Apparently the NRC agrees with the above comments in that an EIS is called for in licensing fuel fabrication plants.
10 CFR Part 51.
On the other hand, it is not apparent why the ANFFP Report would aid the NRC in deciding whether to
-prepare a detailed EIS.
The above comments address that point.
Because an EIS is~ required and will be available for public~ comment in January 1981, as'suming the notice received with-the report, page 4, no. 8 conforms to NRC procedures and not'.those stated on page 1-1 of the ANFFP Rerpot, the Alabama Attorney General's Office will reserve comment on the sub-stantive aspects of the report.
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,o REQUEST FOR REVIEW 0F PROJECT NOTIFICATION, T0:
Mr. Bob Grasser, Director
- CH Number:
OSP-00G-80 Central Ala Reg P1ng & Dev Otr:rn.
Applicant: Westingbouse Electric Corp.
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Program:
Draft Envhuumental Report for Alake Nuclear Fuel Fabrication Plant, Prattville, Alnbm. Dtxiet No. 70-2909 DATE:
April 7, 1980 Return Prior to:
1hy 16,1980 Date a :. <
4%a Please review the attached Environmental Impact Statement and indicate your
.Nr' coment with respect to any _ environmental impact involved.
Comments:
(Please check one block.)
No comment (Environmental Impact Statement is in order and no additional comments are offered.)
Comments (Elaborate below.)
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. Comment here:
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Please Return Original to:
Office of State Planning and Federal Programs 3734 Atlanta liigimay FORM CH-2a Montganery, Alabama 36130 8/71 6
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REQUEST FOR REVIEW 0F PR_0 JECT NOTIFICATI,0f!
a T0:
Mr. F. Inwerence Oaks CH fiumber:
OSP-006-80 Historical Ccmnission Appligant:
Westinghouse Electric Corp.
Pro 6 ram:'
Draft Environmental Report for Alabama Nuclear Fuel Fabrication Plant, Prattville, Alabama. Docket No. 70-2909 DATE:
April 7,1980 Return Prior to:
May 16, 1980 Date P' ease review the attached Environmental Impact Statement and indicate your l
comment with respect to any environmental impact involved.
Comments:
(Please check one block.)
bh tio comment (Environmental Impact Statement is in order and no D $' D additional comments are offered.)
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Comments (Elaborate below.)
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Comment here:
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Westinghouse Electric Corporation has consulted with the State Historic Preservation Officer'on the location of known cultural resources in and around the proj ect area.
The known sites in the vicinity are listed on page 2-19 and 2-20.
None of these sites will be effected by the proj ect.
An en-site field reconnaissance has not been conducted of the proj ect area as far as our office is aware.
The State Historic Preserva-tion Officer requests that an on-site field reconnaissance be conducted of those areas which will disturb previously undisturbed land.
This reconnaissance should be conducted by a professional archaeologist and a report on the findings should be sent to the Alabama -Historical
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The field reconnaissance results and o 5 ice's,p~j.ytructi Commission for review and concurrence prior to conents shodld b dded to
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N Signature o'
Please Return Original to:,
. Office of State Planning and Federal Programs 3734 Atlanta Highwny Montganery, Alabama 36130 FORM CH-2a 8/71
a-g REQUEST FOR REVIEW 0F PR.OJECT NOTIFICAT.I.O.N..-
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'CH Number:
OSP-006-80 TO:
Mr. ;" Clarence. White Conservation & Naturai Resources Appliqant:
Westinghouse Electric Corp.
s Program:
Draft Environmental Report for Alabann Nuclear Fuel Fabrication Plant, Prattville, Alabama. Docket No. 70-2909 DATE:
April 7, 1980 Return Prior to:
- 1. fay 16, 1980 Date Please review the attached Environmental Impact Statement and indicate your comment with respect to any environmental impact involved.
Coments:
(Please check one block.)
No comment (Environmental Impact Statement is in order and no additional comments are offered.)'
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Comments (Elaborate below.)
Comment here:.
May 19, 1980 The Fisheries Section of the Game and Fish Division has reviewed the above program..We have no comments.
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Please Return Original to:
Office:of State Planning and' Federal Programs 3734. Atlanta Highway FORM CH-2a.
. Montgomery,-Alabama.36130 8/71 s.L.e n n,
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