ML19347B390

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Affidavit Re Natural Gas Plant Alternative.Util Not Automatically Entitled to Fua Exemption Because No Nonattainment Areas Exist in Houston.No Environ Exemptions Available to Util
ML19347B390
Person / Time
Site: Allens Creek File:Houston Lighting and Power Company icon.png
Issue date: 09/29/1980
From: Mcguire W
HOUSTON LIGHTING & POWER CO.
To:
Shared Package
ML19347B383 List:
References
NUDOCS 8010140578
Download: ML19347B390 (5)
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 4 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50-466 5

(Allens Creek Nuclear Generating S Station, Unit 11 S AFFIDAVIT OF W. F. McGUIRE My name is W. F. McGuire and I am employed as Manager of the Environmental Protection Department for Houston Lighting & Power Company. I received a Bachelor of Science degree in Mechanical Engineering from the University of Houston in 1970. I have been employed by Houston Lighting & Power Company since 1965. I began working in the environmental protection area in 1970. Prior to my present assignment, I held the positions of Principal Engineer, Air Quality and Principal Engineer, Environmental Planning and Assessment Divisions within the Environmental Protection Department. In my present capacity I am re-sponsible for obtaining all environmental permits for the Company's fossil and nuclear generating station projects.

In its motion for summary disposition of the contention regarding natural gas fired plants, TexPirg i

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asserts that: "The Power Plant and Industrial Fuels Use Act allow (sic] Houston Lighting & Power Company an exemption from its requirements to phase out its natural gas plants by 1990 because Houston is violating National Ambient Air Quality Standards for Ozone (oxidents) . " Rather than being unquestionably true as TexPirg alleges, the statement is unquestionably false. Houston Lighting & Power Company i does not qualify at present for an environmental exemption for the extension of operation of either its existing units (either temporary or permanent) nor can it qu'alify for an exemption for construction of new gas fired generation on environmental grounds. Qualifying for a temporary exemption due to the inability to comply with applicable environmental requirements, 10 CFR 5504.23 (44 F.R. 43199; July 23, 1979),

requires a demonstration that " (1) you are unable to comply with the applicable prohibitions without violating appli-cable federal or state environmental requirements and (2) you will be able to comply with the applicable prohibitions 1

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imposed by the act and with applicable environmental re-l quirements by the end of the temporary exemption period". ,

l Further, to qualify for a permanent exemption due to in- l ability to comply with applicable environmental require-l l ments, it must be demonstrated that the inability to comply l

i j will extend beyond five years from the date the exemption is  !

required to take effect. (See, 10 CFR 504.33). The simple fact is that all our existing plants are now in compliance with the air quality regulations.

With respect to new natural gas units, the exemp-tion requires a showing under 10 CFR 503. 34 (a) (2) , 45 F.R.

38316 (June 6, 1980), that reasonable alternative sites which would permit the use of alternate fuels in compliance with applicable federal or state environmental requirements are not available. EL&P operates in a service area which

includes all or part of twelve counties in Texas. Only three of these counties which are in our service area (Harris, Brazoria and Galveston) are designated as "non-attainment

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areas" for oxidants. This same designation also applies to only nine other counties in the entire State of Texas.

Therefore, it is obvious that there are counties both within and without HL&P's service area which are available for the

! siting of new power plants. Simply stated, the fact that there are non-attainment areas in HL&P's service area is really irrelevant since there are numerous other sites available in and adjacent to the service area. HL&P is

~1/ Two of these counties (Harris and Galveston) also contain non-attainment areas for particulates.

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planning and building fossil plants both within and without its service area. As long as this situation exists it is not possible to satisfy the standards of Section 503.34 (a) (2) .

Thus, it is not true that EL&P is automatically entitled to an FUA exemption just because there are non-attainment areas in Houston. ,

One must conclude that no environmental exemptions are presently available to EL&P under the regulations implementing the Fuel Use Act because (1) the existing natural gas and coal fired facilities are now operating in compliance with all applicable federal and state environmental regulations and are expected to continue operating in such mode and (2) reasonable alternate sites are available to HL&P for the siting of new nuclear and solid fossil fuel fired generating capacity.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear Generating S Station, Unit 1) S AFFIDAVIT OF W. F. Mc GUIRE

, STATE OF TEXAS S S

COUNTY OF HARRIS S I, W. F..McGuire, Manager, Environmental Protec-tion Department, Houston Lighting & Power Company, first being duly sworn, upon my oath certify that I have reviewed and am thoroughly familiar with the statements contained in the attached affidavit and that all my statements contained therein are true and correct to the best of my knowledge and belief.

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W. F. McGuire Subscribed and sworn to before me by the said W. F. McGuire on this76 W day of R_s > Lith , 1980.

AL ytary Public in and for Harris County, Texas

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