ML20028F030

Responds to Forwarding White Paper Xix, Our Marble Hill Problem, Proposing That Const of Facilities Be Halted.Aslb Decision on Need for Facility Supported on Number of Grounds

ML20028F030
Person / Time
Site:	Marble Hill
Issue date:	01/24/1983
From:	Harold Denton Office of Nuclear Reactor Regulation
To:	Cassidy H AFFILIATION NOT ASSIGNED
Shared Package
ML20028F031	List: ML20028F030 ML20028F033 ML20028F034
References
NUDOCS 8301280488
Download: ML20028F030 (15)

Text

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JAN 2 41983 Docket Mos.:

STfl 50-546 and STH 50-547 fir, liarold G. Cassidy 605 West Second Street Madison, Indiana 47250

Dear ftr. Cassidy:

This is in reply to your December 9,1982 letter to Chairman Palladino which has been referred to me for response. Your letter suo9ests that the Marble Hill Huclear Generating Station is not needed because of a decline in the demand for electrici ty.

Your enclosed " White Paper XIX" provides additional information in sunport of your position and proposes that the construction of the Marble 11111 facility be stopped.

The need for power issue was extensively litigated in 1977 during the construc-tion permit proceedings before the Atomic Safety and Licensing Board (6 HRC 294, 306-311). The Licensing Board decision was reviewed on appeal by the Atomic Safety and Licensing Appeal Board in 1978 (7 HRC 179,184-187).

In both deci-sions the respective boards found that the Marble 11111 facility would be needed by the utility. The decision was based on more than the nere growth in demand for electricity in the utility's service area. While noting that a genuine need for the electricity to be produced was an essential finding in a construction permit proceeding, the Appeal Board also addressed the substantial uncertainty in basing a decision solely on forecasts in growth of denand. Consequently, a core detailed review was conducted and the evidence presented resulted in the conclusion that 4arble Hill would be needed even if demand for electricity did not increase siue the utility would be able to replace sone of its older and more expensive to operate facilities.

It was also found that sone of the older plants would not meet new, nore stringent pollution standards. When the evidence was considered as a whole, the conclusion that there was a need for the Marble 11111 facility was supported on a number of grounds.

Considerations of fairness, certainty, and finality of decision-making require that issues, once decided, should not be relitigated unless circumstances have chanced so nuch that the result reached in the orignal decision can no longer be supported on any ground. The Connission's regulations have codified this tradi-tional judicial doctrine by providing that when need for power is considered in construction permit proceedings, it will not be relitigated in future operating license proceedinos unless special circumstances require.

(See 10 C.F.R. 51.21, 51.23(e), and 51.53(c).) Since the Marble 11111 decision rests on evidence other than the derand for electricity, it is unlikely that the showing of special circun-stances under 10 C.F.R. 2.758 necessary in order to waive the Comission's rule prohibiting further consideration of the need for power issue could be made.

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1 2-hr copy of our revised Regulation 10 CFR Part 51, " Licensing and Regulatory Policy pand Procedures for Environmental Protection," has been enclosed for your informa-jtion.

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I trust that this information has been resoonsive to your concern.

i Siocercly, Odgbalsiscd by

11. R. Dentes i

Harold R. Denton, Director j

Office of t!uclear Reactor Regulation i

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Document Control STN 50-546/STN 50-547 w/ incoming-NRC PDR w/ incoming L PDR w/ incoming PRC System w/ incoming LB#1 Rdg P0'Connor MRushbrook w/ incoming DEisenhut/RPurple ELJordan, DEQA:IE JMTaylor, DRP:IE Attorney, OELD TNovak/MStine MBridgers, EDO (EDO #82-1206)

Correspondence Clerk, NRR (EDO #82-1206)

SECY (3)

RDeYoung, IE JKeppler, RIII ECase/HDenton PPAS FSchroeder RMattson RVollmer HThompson PCHeck BSnyder

UNITED STATES NUCLUR REGULATORY COMMISSION RULES and REGULAT!ONS j

TITLE 10. CH APTER 1. CODE OF FEDER AL FJGULATIONS-ENERGY j

s PART LICENSING AND REGULATORY POLICY AND PROCEDURES 51 FOR ENVIRONMENTAL PROTECTION i

i

/

J 151.1 Purpose and scope, orders, and amer.dmer.ts thereto and re-se c.

sl.1 Purpose and scope.

(a) The National Environmental Pol-newals thereof, or by petitioners for, si.2 Definitions.

si.3 Interpretations.

icy Act of IS69 (83 Stat. 852), imple-rulemaking, in order to aid the Commis-si.4 specinc eien.ptions.

mented by Executive Order 11514 and sion in complym.g with section 102(2KC)

I #A.

Subpart A-General Requirements for Environ.

the Council on Environmental Quality's nental Impact Statements, Negative Declar-Guidelines of August 1,1973 (38 FR (d), Notice of intent,, means a notice ations and Impact Appraisals 20550), requires that all agencies of the that an environmental impact statement 51.s Actions requiring preparation of envi-Federal Government prepare detailed en-will be prepared and procrssed.

ronmental impact statements, ness-(e) "Envirdnmental imp.ect state-g g,

gg tive declarations, environmental im*

l pact appraisals;cctions enclused.

Icgislation and other major Federal ac-ment" means the detai.ed statement pre-gg g

s i.6 Notice of intent.

tions significantly affecting the quality of section 102(2)(C) of NEPA*

st.7 Negative declarations; environmental the human ervironment. The principal means a -

imract appraisals.

objective of the National Envircmacntal egative claratjon,,

Subpart B-Factlities P@y Act of 1969 is to build into the t

51.20 A rrhcan t's Enuronmen tal Report-

"U E###

C agency decision making process an appro-Construction Permit Stase.

s1.21 Apphcant's Environmental Report-impact statement for a particular action.

overstms License stase.

ronmental aspects of proposed actions.

(g) *' Environmental impact appraisal" DRAl'T ENVIRONMENTAL IMPACT (b) This part sets forth the Nuclear means a document which provides the g,

STATEMENTS Regulatory Commission policy and pro-51.22 General.

cedures for the preparation and process-

@ $1.3 Interpretations.

a si.23 Contents of draft environmental state-g ng of environmental impact statementsg Except as specifically authorized by i

53.24 Distributton of draft envuonmental im g and related documents pursuant to sec-g the Commission in writing, no interpreta-pact statements; news releases.

g tion 102(2XC) of the National Environ-y tion of the meaning of the regulations m st.2s Requests for comments on draft envi-u. mental Policy Act of 1969 in connection u.this part by afty officer or employee of ronmental impact statements.

A with the Commission's licensing and regu- @ the Commission other than a written FINAL ENVIRONMENTAL IMPACT.

latory activities, interpretation by the General Counsel STATEMENTS (c) This part does not address any will be recognized to'be binding upon the j

s t.2 6 iinal environmental impact statements-limitations on the Commission's author-Commission.

Subpart C-Materials Licensing and OtheJ ity and responsibility pursuant to the

@ 51.4 Specific exemptions.

Action' National Environmental Policy Act of The Commission may, upon applica-1969 imposed by the Federal Water Ad nis r ive pro ed res.

tion of any interested person or upon its Pollution Control Act (86 Stat. 916).'

own initiative, grant such exemptions Subpart D-Administrative Action and Authorustion; Public licarings and This mater is addressed in an Interim from the regulations in this part as it Comment Policy Statement published in the FED-determines are authorized by law and are st.so FEDERAL REGISTER notices; distri.

ERAL REGISTER on January 29,1973 otherwise in the pubile interest.

bution of reports; pulilc announce-(38 FR 2679).

ments; publJ comment.

Subpart A-General Requirements for

@ 512 D*finit' 8-Environmentallmpact Statements,'

si.sl Administrative action.

s1.52 Pubhe hearings.

(a) " Commission" means the Nuclear Nestlive Declarations, and Impact s t.s 3 Hearings-operating licenses.

Regulatory Cornmission or its authorized Appraisals d

c',",",$'f materials distributed to public..#$.NEPA. means the National Envi-j 51.5 Actions requiring preparation of (b) environmental impact statements, si.s6 Application of part to proceedings.

Authority: Sec. totb, b. I and o. es Stat.

ronmental Policy Act of 1969.

negative declarations, environmentd 644, see and 950, se amended (42 U.S.C.

(c) " Environmental report" means a impact appraisals; actions excluded, 237t(b). [h), (ll and (o)): seca. 201. 202. 88 Stat, document submitted to the Commission fl (a) An environmental impsct state-1242-1244. as amended (42 U.SE 5841. 5842).

by applicants for permits, licenses, and National Environmental Pollet Act of 1908, ment will be prepared and circulated seca,102,104 and toe. a3 Stat 853-854, as s cended (42 UAC.4332,4334.4335).

SI-I September 1,1982 w

-A

r PART 51

• LICENSING AND REGU'_ATORY POLICY AND PROCEDURES -

pn : :hg :ny of :he fcikwing types.r.

of nons:

A Commission determines is a majcr (1) Isruance of a permit to construct a Commission action symficantly nuclear power reactor, testing facility, or ; affecting the quality of the hs. man (iii) Authorizing commercial radio-fuel reprocessing plant pursuant to Part ; environment.

' active waste dispo' sal by land burial pur-50 of this chapter; suant to Parts 30,40, and/or 70 of this (2) Issuance of a full power or design (b) Many licensing and regulatory actions of the Commission other than chapters capacity license to operate a nuclear those listed in paragraph (a) may or may :: dependent spent fuel storage (iv) The storage of spent fuelin an power reactor, testing facility, or fuel not require preparation of an

m reprocessing plant pursuant to Part 50 of I mvironmentalimpact statement.

~ installation (ISFSI) pursuant to Part 72 this chapter; j depending upon the circumstances. In

a. of the chapter;and (3) Issuance of a permit to construct : determining whether an environmental (v) The receipt and possession of high-or a design capacity license to operate an f impact statement snould or should not I level radioactive waste at a geologic

,[],,;on sha)1 e g ed y the isotopic enrichment plant pursuant to L[

or $

,',~*'** P" * **

{ 50.22 of this chapter; Council on Environmental Quality (4) 'suance of a license to possess Guidelines. 40 CFR 1500.3. Such other 2

and b pecial nuclear material for proc

. actions include:

{ (5) Renewal oflicenses to conduct essing and fuel fabrication, scrap recov

[ activities listed m paragraph (b)(4)(i}-

(v)of this sectionf*

ery, or conversion of uranium hexa (1) Issuance of a permit to construct,0-fluoride pursuant to Part 70 of this or a full power or design capacity license chapter; te operate, a production or utilization (5) Issuance of a license to possess facility other than a nuclear power reac.

and use source material for uranium tor, testing facility, fuel reprocessing milling or production of uranium hexa-plant, or isotopic enrichment plant of the fluoride pursuant to Part 40 of this type specified in paragraph (a) of this chapter; section.

==

(6) Issuance of a license authorizing (2) Issuance of an amendment to a (6) Substantive and significant amend-commer:ial radioactive waste disposal by construction permit or full power or ments (from the st:ndpoint of environ-

!an d tunal pursuant to Parts 30, 40, design capacity operating license for a mentd imact) of Parts 20,30.40.50, and/or 70 of this chapter; nuclear power reactor, testine-facility,p

60. 70, 71, 73, or 100 of this chapter;-

C (7; Conversion of a provisional oper-fuel reprocessing plant, isotopic enrich.g (7) License amendments or orders au-L ating license for a nuclear power reactor,R ment plant licensed pursuant to { 50.22 = thorizing the dismantling or decommis-O testing factlity or fuel reprocessing plantk of this chapter or to a license to manufac u sioning of nuc!'ar power reactors, testing al to a full power or design capacity licensec: ture that would authorize a significant facilities, fuel reprocessing plants and

? pursuant to Part 50 of this chapter where{ change in the types or a significant isotopic enrichment plants; I no final environmental impact statement increase in the amounts of effluents or a (8) Termination of a license for the has been previous!v prepared; significant increase in the authorized Possession and use of source mrterial for (8) Issuance of a license to manufac-power level; uranium milling at the request of the ture pursuant 'to Appendix M of Part 50 (3) Issuance of a license to operate a pcensee.

of this chapter.

power reactor, testing facility, fuel repro-(9) Amendments of Parts 30 and 40 cessing plant or isotopic enrichment plant of this chapter concerning the exemption at less than full power or at less than the from licensing and regulatory require-design capacity; ments of any equipment, device, com-(4) issuance of an amendment which modity or other product containing would authorize a significant change in F I

byproduct material or source material.

the types or significant increase in the 3 f72of t Pa s chapter for t stor of y

potential for accidental releases of a f spent fuelin anindependent spent fuel 2 (10) Issuance of a license pursuant to license for:

storage installation (ISFSI) on the site of a.

$ Part 72 of this chapter for the storage of (i) The possession and use of special : a nuclear power reactor.

a spent fuelin an mdependent spent fuel nuclear, material for processing and fuel [

', storage mstallation (ISFSI) at a site not fabrication, scrap recovery, or conversion

- occupied by a nucleartower reactor.

of uranium hexafluoride, pursuant to Part 70 of this chapter; (1c) Termination of a license for the (ii) The possession ana use of source possession of high-level radioactive 8 ! ic eposito

{

material for uranium milling or produc-3 *p*,',',*,;*o'ns a t

(11) Issuance of a construction tion of uranium hexafluoride pursuant to : licensee.

- authorization for a geologic repository Part 40 of this chapter:

g (11)lssuance of a license to receive E operations area pursuant to Part 60 of

this chapter.

. and possess high-level radioactive

• waste at a geologic repository operations area pursuant to Part 60 of this chapter.

e September 1,1982 51-2 i

PART 51

• LICENSING AND REG,ULATORY POLICY AND PROCEDURES-l M 1s The ea.. tor, mental impact of-S 51.6 Noti;c d inant G) Any probable adserse ennron-

,:r+:

" nns and replatory actiora Wheneser t.te Comusic hr nmes mental cifects which cannot be avoided bsted m paragraph (b) will be evaluated

• that an environmental impact statement should the proposal be implemented; and if it is determined that an environ-will be prepared in conneption with an (

(3) Alternatives to the proposed ac-mental impact statement should be pre-d W win be pub /, tion; lished and distnbuted in accordance with *

(4) The relationship between local d distr b ed in a e r ance wit

@ 51.50(b) and draft and final environ-

@ St.50(b).

R short term uses of man s environment and the maintenance and enhancement of mental impact statements will be pre-

@ 51.7 Negative declarations; environ-pared. If it is determined that an environ-mental impact appraisals.

long-term productivity;and mental impact statement need not be (a) Negative declarations. The nega-prepared for an action listed in paragraph tive declaratic. required by @ $1.5(c)

(b), a negative declaration and environ-will be prepared prior to the taking of the - (5) Any irreversible and irretrievable mental impact appraisal will, unless other-associated action and will state that the commitments of resources which would wise determined by the Commission, be Commission has decided not to prepare be involved in the proposed action should prepared in accordance with @ 51.7 and an environmental impact statement for it be implemented. The discussion of S t.50(d).

the particular action and that an environ $ alternatives to the proposed action re-(2) If, subsequent to the publication mental impact appraisal setting forth the; qui ed by paragrapli (a)(3) s!%1 be suffi-of a notice of intent concerning an basis for that determination is available f eiently complete to aid the Commission action, it is determined that an environ-for public inspection. Negative declara Oin developing and exploring, pursuant to mental impact statement need not be tions will be published and made publicly section J02(2)(E) of NEPA, "appro-prepared in connection with that action, available in accordance with Q @ St.50(d) priate alternatives * *

• in any proposal or if it is determined that an environ-and 51.55. Lists of negative declarations wniert involves mental impact statement need not be will be maintained and made publicly unresolved conflicts concerning prepared in connection with any action available in accordance with @ $1.54(b).

alternative uses of available re-with respect to which the Council on (b) Environmental impact appraisals..somes.

R Environmental Quality has requested that RAn environmental impact appraisal will k an environmental impact statement be Ebe prepared in support of all negative prepared, a negative declaration and an $ declarations. The appraisal will include:

(b) Cost benefit enclysts. The Envi-w a

ronmental Repcrt required by g environmental irn;wt appraisal will be g (1) A deripticn of the protesed paragraph (a) shall include a cost-bene-prepared in accordance with @ 51.7 and action; fit analysis which considers and bal-C 2.50(d).

(2) A summary description of the ances the environmental effcets of the (3) The Commission may require ap-probable impacts of the proposed action facility and the alternatives available P cants for permits, licenses, and orders, on the environment; and for reducing or avoiding adverse envi-li ronmental effects, as well as the envi-and amendments thereto, and renewals (3) The basis for the conclusion that ronmental, economic, technical and thereof, 2nd petitioners for rule making no environmentalimpact statement need other benefits of the facility. The cost-covered by paragraph (b) of this section be prepared.

i benefit analysis shall, to the fullest the v -

to submit such information to the Com-Lists of environmental impact appraisa!sy g' fac o

erei T mission as may be useful in aidmg the will be maintained and made publicly available in accordance with @ St.54(b).j that such factprs cannot be quantified Commission in the preparation of an they shall be discussed in qualitative environmental impact appraisal.

terms. The Environmental Report Impact appraisals will be made availableg should contain sufficient data to aid (d) Unless otherwise, determined -by to the public upon request in accordance the Commission in its development of the Commission, an environmentag gn" with @ 51.55.

an independent cost benefit analysis, pact statement, negative declaration, or (c) Status of compliance. The End-environmental irr et appraisal need r,t Subpart B-Facilities ronmental Report required by para-tse prepared in ce.inection with the fol-

@ 51.20 Applicant's Environmental Re-graph (a) shall include a discussion of lowing types of actions:

port-Construction Permit Stage.

the status of compliance of the facility with applicable environmental quality (1) Issuance of notices and orders (a) E nviron mental considerations.

standards and requirements (including pursuant to Subpart B of Part 2 of this Each applicant' for a permit to construct but not limited to, applicable zoning chapter; a production or utilization facility co,.

and land use regulations and thermal (2) Amendments to Parts 2,19, 51, cred by @ SI.5(a) shall submit with its o$d requireme ts gat r im 55,140.150, and 17,0 of this chapter; application a separate document, entitled posed pursuant to the Federal Water I

" A pplicant's Environmental Report.

Pollution Control Act) which have

- (3) Non-substantive and insignificant Construction Permit Stage," which con-

[ nat anI#1ocI[ d d [e's' ha ini -

n

amendments (from the standpoint of tains a description of the proposed ac-

environmentalimpact) of Parts 20. 30, tion, a statment of its purposes, and a

70. 71,73.100. or 110 cf this description of the environment effected,

'em land which discusses the following consid-a where the *' applicant", as used in this part, (4) Issuance of a materials license or crations:

is a Federal aseny, different. arrangements for s'

amendment to or renewal of a materials (1) The probable impact of the pro. irnpiementing NbPA may be made, pursuant to or facility license or permit or order other posed action on the environment;

((de e

hed W the Counca on than those covered by paragraphs (a) and (b) of this section.

51-3 September 1,1982

.a

CART Si e LICENSING AND REG UL ATORY POLICY AND PROCEDURES--

l m. '. ' for en',tr nwntal protec.

(g x11 Tb 1

m. mental Report re-c Pmen cf mier:nt:ves in quitec by

. _; r a.

O ' rht s2=e matters desenbed in l 51.::O but l

i h..cse discussed ct reneci nawto S.e W.t dat b i

e Wi :ntde a c;n= ion sater co; A " -

. c m c rs

' A b o.

- at alternatives will comply shall contain e.G.er.u a t.wnent t

with such applicable environmental that the transpcrtation of ccid fuel to information in addition to that discussed quanty standards and requirements.

the reactor and irradiated fuel from in the final environmentalimpact The erwironmental impact of the fro the reactor to a fuel reprocessing statement prepared by the Commission l cihty and alternatives shall be fullyplant and the transportation of solid in connection with the construction discussed with respect to matters cov-radioactive wastes from the reactor to permit. The " Applicant's Environmental l ered by such standards and require-waste burial grounds is within the Report-Operating License Stage" may ments irrespective of whether a certift. scope of this paragraph, and as the incorporate by reference any cation or license from the appropriate contribution of the environmental ef.

Information contained in the Applicants suthority has been obtained (includ-

,,, ing, but not limited to, any certifica*

fects of such transportation to the en-: Environmental Report or final Vironmental costs of licensing the nu-emironmentalimpa:t statement f g h0[I clear p wer reactor, the values set ;previously prepand in connection with 0

D" 8 Wat P llu n C n-

• trol Act '). Such discussion shall be re-rth in the following Summary Table w the construction permit.With respect to S.flected in the cost-benefit analys:s pre-S-4; r (11) if such transportation does the operation of nuclear reactors, the not fall within the scope of this para ; applicant unless otherwise required by scribed in paragraph (b). While satis.

graph, a full description and detailed the Commission, shall submit me faction of Commission standards and d

criteria pertaining to radiological ef. o"" sue poN on b', as th'e

" Applicant's Environmental Report-t fects will be necessary to meet the 11-censing requirements of the Atomic tribution of such effects to the envi.

Operating Uc,ense Stage" only in Energy Act, the cost benefit analysis ronmental costs of licensing the nucle-connection with the first licensing action prescribed in paragraph (b) shall, for ar power reactor, the values deter.

that would authorize full power the purposes of NEPA. consider the mined by such analyser for the envi.

operation of the faellity.No discueston ronmental impact under normal condi.

of need for power or alternative energy th' f li a alte tions of transport and the emiron, sources or a!!emative sites for the er et ects e

natives mental risk from accidents in trans.

proposed plant is required in the report, (d) The information submitted pur-

port, unless otherwise required by the, suant to paragraphs (a) through (c) of (2) This paragraph applies to the Commission.

this section should not be confined teatransportation of fuel and wastes to data supporting the proposed actiongand from a nuclear power reactor only 5.ut should include adverse data as!!f:

DRAFT ENVIRoNMETAI. IMPACT rell.

(1) The reactor is a light water-STATEMMTs

~

1. cooled nuclear power reactor with a o

core thermal power level not exceed.

0 51.22 General ie) no EnMronmental Report re-ing 3.E00 megawatts:

The Director of Nuclear Reacter quired by paragraph (a) for light-(ii) The reactor fuel is in the form cf Regulation or Director of Nuclear Ma-e water. cooled nuclear power reactors sintered uranium dioxide pellets en, terial Safety and Safeguards or their shall take Table S-3. Table of Urant*

capsulated in r.ircaloy rods with a ura t designee, as appropriate will prepare a um Fuel Cycle Environmental Data, as nium 235 enrichment not exceeding 2 draft environmental impact statement the basis for evaluating the contribu-4r'. by we!ght:

= for facility licensing actions covered tion of the environmental effects of

(!!!) The average level of irradiation 1 by 1151.20 and 51.21 as soon as practi-uranium minirig and milling, the pro-of the irradiated fuel from the reactor" cable after receipt of the Applicant's duction of uranium hexafluoride, iso-does not exceed 33.000 megawatt days Environmental Report and publication (topic enrichment, fuel fabrication, re-per metric ton and no irradiated fuel of the notice of intent and availability

~

processing of irradiated fuel, transpor-assembly is shipped until at least 90 of the report required by I 51.50.

• tation of radioactive materials and days have elapsed after the fuel as-

~

Emanagement of low level wastes and sembly was discharged from the reac-h 51.23 Centents* f draft environmental o

• high level wastes related to uranium tor; e

statements.

(iv) Waste (other than irradiated g fuel cycle activities to the environmen., fuel) shipped from the reactor is in tal The draft environmental impact I al costs of licensing the nuclear power reactor. Table S-3 shall be included inl the form of packaged, solid wastes:i statement t

s1ll include the matters

- specified in I $1.20(a),te), and (g) and an the Report and may be supplemented

• ) Unirrad!ated fdel is shipped to by a discussion of the environmental the reactor by truck: Irradiated fuel is significance of. the data set forth in shipped from the reactor by truck. !~ (b) The draft environmental impact the Table as weighed in the cost bene-rail, or barge; and waste other than ir-P

' fit analysis for the proposed facility. radiated fuel is shipped from the reac- @ s emen W contam an analysis of This paragraph apr"es to sny appli-tor by truck or rail es o

ns raised by

$e ep e

,197,or ere r

an app cant s en iro enta repor pr ss submitted prior to February 5,1975.

F(f) Number of copies. Each applicant y for a permit to construct a production i 51.21 Appucent's Environmental

• C E" or Report--Operating Ucense Stage

• statement will include a preliminary utih:ation facility covered by i 51.5(a) shall submit the number of cost benefit analysis which considers

= copies as specified in i 51.40, of the 2 Each applicant for a license to operate and balances the environmental and

• Environmental Report required by : 8 Production or utilization fac!!!!y j other effects of the facility and the al-1515(a)-

- e cered by i 51.5(e) shall submit with

- ternatives available for reducing or L

[ lts application the number of copies, as i avoiding adverse environmental and spacified in 5 51.40, of a separate

- other effects, as well as the environ-issued UtYres iv ty for sbc

• document, to be entitled " Applicant's mental, economic, technical and other to an a a certineation required by section 401 of the Environmental Report-Operating benefits of the facility. The contribu-Federal Water Pollution Cootrol Act has License Stage," which discusses the

, tion of the environmental effects of not been obtained.

September 1,1982 y

PART 51 + LICENSING AND ngGULATORY POLICY AND PROCEDURES"-

Tsu $.p ? apt.* mr' funt CW>e Nr >>~s w & J o, muse m r.o. Levuwn, w

. we tw A5 '2asl e ae-n.e sw w :aan m W hansetsn enect ps wnas w geum emeere Tassi semawnere m **ence 'w"ws year er peans; T M h8 wee twR seaw fle causcas Ues Land teeest temporare, crew uned e 100 tnasheed ar==

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La tes mere e 95 tawe aosdred fomer pengt meier pesare et ganarmy Damerged e er 100

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Deeerged 3 esser essee 11.080 Dederged a par" 17Y Taas 11.377

< 4 peceit er amour 1A00 Wee LWM wel enoE>twinspi SM Femad twe becances erurgy frummenes of tow 4uns) 323

<$ pertert of seemi 1.012 tfwe LW4 autnA Easvows coes fremse of WT) 110 Esarasse e fin conmagerm el e 46 WWe coekared sees suy1L hanse gas runere es sce 135

<0 e pecers of maan 1.000 Wwe enogy asswL E.pt.A%secA6 NT)

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• 30, 4 400 eso,*

1.100

• • reecepture 14 Essuesus to er'temere Dem 44 happe ensk g) 29 8 tres gene ear a year, pw - -

1.154 Omar emnet p

A7 P*ccee emm UF. pc&cstys estrenwg.

r att e Compreson eeun fange es sanas se

_1 n aswas rus has enacts an raren heaet

• stt 014

[ wm 50".

90 F*om erwureurg, Ami tutsumest, eruf ancre.

D aos as a ces.sg e C

wwa. em ear==no n

F a,ense 11 9 e posentel ece moverse etwwwwnynw essect Ca "

S4 as posere en can.as concerwasore erus +

C1-85 ce*e aesmonar asutum by recewg nosse ha' 12 1 er weser e apwers temas pewsmope m asM.

10 0 ares Tru enrettene rut meane ama-,

Fe

.4 and te how of shhman sueur cry 6 cet 6 est Fkanos -70 set fearge ar*am frunasres of WT)

NO Frere nuns aw myehuess etwas e erwwunent seeds 91.000 Preasey Dem h mysecere e shaargs s

Is e*uwwwnent gpgggwre e.- emnr p g)

Genes Grumang swerwnent r

m Pueney armer meer.derumm by se can*

pummers Re-226

.02

% 230 Dt h

.034 Trgnse (rei 18 1 C.14 ma-45 trummemu 400 8hs-106

.14 Myugety two tal rueroommerg paret

(

'.129 13 b I 31.,,,

A3

[

To.ee muerer uner consesweean by ets Can, l

Femurr pomacun and termsw---

Jos uomm L*ennsa erup omupitare 11 Prute r tem perg.awa w tem,gs a

naar we askenes a ymru-ve es.

eusen, twokst op estece en emwork met 4 226 J1D4 her# @e puutamart A230

.0015 Tb234 A1 i=rwe easf 1striceman m to sweare sr 10 GR 20 te eter recess.

1. g M enrass tsal sugaauwen ty pumus LW'l Fmeam eres acewenon preshaces L9 x 10"*

Sokas Ananed en enet Ceiar run ' men e=4s teremoni 11.300 0.100 Q comes Dgm Iso hovel rescer mesans ne 1.s00 o arms owe reaci,

or, er==nenne u _. r a mas ww inceast e00 o Co e

w m mergs son, d a w

a Approximatriy so O comes frotr

'~

ca0,prvfon and spent fuel storage:No significant 8.Dnect to the environment 8

S5 Septemb_cr 1,1982

PART Si o LICENSING AND REGULATORY POLICY AND PROCEDURES-Tate. s-1.-ra:= or tranun Ts.v Cyc. Erwrw nts/ Deri-Corewd (e) Other considerations. A draft i,

t m.n. w i.as,4.it.ei.r==== =.a., ecMo-cim' environmentalimpact atatement prepared in connectfon with the g,

w a,.

T.e.

issuance of an oper$ ting licenae wiR

.n

w.., r.=.s.

eiar

• *.=aa uo"". 6" cover only matters which dinar froin or which reflect new information in

,,,,.. w,,. %i.onou tm addition to, those matters discussed la s e

.aa_e.=,~

.e a

e. ass o,

w v==

the final environmentalImpact.

'*",,".**,".",,',',,',",*f**"'

~

20,,,,,, _

statement prepared in connection with o.

the issuance of the construction permit.

ae.i m e, e m ei.

me==.s

.m "fhe draft statement may incorporate by e.. = v v e e..,, m, see -

- -. m = or=

e= a,. a" reference any information contained in w

a.

.a.e.

e.,nu.= e a,

,e 1,

, n.

e T.-

e.e a e. T

=

3

. that final environmental statement. With

. a m e e.

a.

.a e one a w i en.=e -

'! respect to the operation of nuclear h

o-

,e.

..s.,,

s.,

_ _ u sa., m e.

u.a. -

p

,is s cv

.assumanc ier4. m.

g reactors, unless otherwise deteramed e.1 e.tm F c,

sammwms t i.

.imi.e.e c

ev F.,a e

a.e.aree.Esi rs.,r e.

a m.w

, by the Commission, the draft statement

,.=.>.te===r,mc, e,m..ivanom.Fim n.e.,w.ea.x==

se.

. will be pr.epared only in connection wi&

u.,

e.w. e e. te rim c cs

=>.as ne

==

so,.

n.a-an T'.

eu oa i

poru.=a -===.

--a.

the first bcensing actfon that authorizes

% m. a1 e.,,._

,.n.,

.e in e,a=

a. we e c 6,.w.

, w n.a.

full power operation of the facility. In

.=>a w e i.e w r

wo. e o.e ei.

e.ei v.= s,-e e e sme e case of environmentalimpact e.

.,o.

4-eevs.un. as m m.

. ww.,

n.e one proc n

am a.ww.

,=s m..e= e. s.- -.

o.a. =..s e

so v s e.

ie=.

statements prepared in connection with

. y

.r s? an I.Jo y t

. Esse'i.e.e.% r b e egen C h ca W.ase.w..D.i h. p F s.w b

operating licenses for nuclear reactoft u p.=

. aans s= m no discussion of need for power or alternative energy sources or alternative 5 (Deleted 43 FR 36513.1 sites is re utred, unless otherwise 6 [ Deleted 43 FR 1653 3.1 g,g g, g gg, 5he uranium fuel cycle activities spect.

having responsibility for en ironmen-(f) The draft environmintal impact fled in i 51.20(e) shall be evaluated on tal protection. Including applicable statement ncrmally will include a pre-the basis of impact values set forth in zoning and land-use regulations and liminary conclus:cn by the Director o.

Table S-3. Table of Uranium Puel water poUution limitations or require-Nuclear Reactor Regulation or Direc-C Cycle Environmental Data, which ments promulgated or imposed purcu-tor of Nuclear Material Safety and shall be set out in the draft emiron-ant to the Federal Water Pollution Safeguards or their designee, as appro-mental impact statement. With the ev Control Act.

The emironmental priate, on the basis of the information ception of radon 222 and technetium-impact of the facility will be consid-,and analysis described in paragraphs 99 releases, no further discussion of ered in the cost benefit analysis with ;;(a) through (e), as to whether, after fuel cycle release values and other nu-respect to matters covered by such lll Weighing the costs and benefits of the merical data that appear explicitly in standards and requirements irrespec- { proposed action and considering avail-the table shall be required.' The Otive of whether a certification or 11.

• able alternatives, the action called for impact statement shall take account of Ocense from the appropriate authority "is issuance of the proposed permit or dose commitments and health effects yhts been obtained, including any certi-license with or without conditions, or from fuel cycle effluents set forth in wfication obtained pursuant to section denial of the permit or license. In ap.

Table S-3 and shall in addition take 3401 of the Federal Water Pollution propriate circumstances the Director 2 account of economic, socioeconomic.

Control Act. While satisfaction of of Nuclear Reactor Regulation or Di-O and possible cumulative ' impacts and Commission standards and criteria rector of Nuclear Material Safety and

'such other fuel cycle impacts as may pertaining to radiological effects will Safeguards or their designee, as appro-E reasonably appear significant. The be necessary to meet the licensing re-priate may, in lieu of such preliminary

. cost benefit analysis will, to the fullest quirements of the Atomic Energy Act, conclusion. Indicate in the draft state-extent practicable, quantify the var-the cost benefit analysis will, for the mene that two or more alternatives are tous factors considered. To the extent purposes of NEPA, consider the radio-under consideration.

that such factors cannot be quantified, logical effects of the facility and alter-igi 'Ite draft environmental impact they will be discussed in qur.litative

natives, statement vul also contain a s==

y terms. The cost. benefit analysis will sheet prepared in accordance with Arw indicate what other interests and con-

.1'"" L " N M N sideration of Federal policy are thought to offset any adverse emiron-mental effects of the* proposed action identified pursuant to paragraph (a). [ (d) In determining the contents of Due consideration will be given to ;ll an environmental impact statement, compliance of the facility construction the Commksion shall be guided by the or operation and alternative construc a Council on Emironmental Quality tion and operation with emironmental ' Guidelines on Preparation of Emiron-T51.2s Distribution of draft environmen-quality standards and requirements O mental Impact Statements 40 CFR talImPect statent: news nicasn.

which have been imposed by Federal.

1500.8.

Draft environmental impact state.

State, regional. and local agencies

ments will be distnbuted asiollows

" Valva for rekasa o( Ra-2m and To-se am not a (a) F1ve (5) copies of the draft envi-gWen m & Table. The amount and sisruficance of

[ronmental impact statement, the Ap-are mienn fram h fuel cycle and TW

.plicant's Environmental Report, and r.lemen fram.asie manas snent er reproceums any comments received on the state-ecoven shall be cons. der.d in the draft ment or report will be provided to the a --mal Lapacs matement and zey be the

_ Environmental Protection Agency.

• sub ct of htiganan init dMduallicensmg Proteady S-6 September 1,1982

PART 51

• LICENSING AND REQ" ? T^RY POLICY AND PROCEDURES -

F*b' h

.m.Or.e i!

• epy of tr.* draf t e.,s aro.,

p.

,,w

. r s r t sTrms.r.t TC m.., mr -w.

m

..,%,,,,,,,,,,,,,.,,,.,g,%p,,,g tes Copies of the draf t state =ent and

_ e.,_,..m, e.

the ap;12 cant's enytronmentaj repcat all)

._c,,,,,,e,.

be provtded to :

eens q,,,c,u.eiv,c se,, w ;. _ _. _,

_ pic gog,,s,

t1) Do6e Federal asencies that hane w.v.e sam

+=s n, eoe.= or s==~

en,.i rs oce me,. % ion

,. cue,.,e# ear.

stecial expertlee or jurisdiction by lau T*" **=ar with respect to any environmental im-L*""**"'8***'

h, pacts involved and which are authorized

'"'*"8'"""*

{ to develop and enforce relevant environ-go

,e,

,,eee,

%,,,s,

. snental standards; tsooose posuesen

,'eer er espones me amme

• esense essessmen 2 (2) (Deleted 43 FR 7209.)

• • • • =

Der =c5= v=*1

• =.eenar y.ori a E

aoonee

• Teenesensesi.enne too e es e suo n,-

e6 t3) The appropriate State and local P.G--mmane agencies authorized to developbd en.

M ' ,',,*,'h"" _ 8 "*"**

forte relevant envtrtrimental standards and the appropriate State, regional and eccmense,me.m aes spetropolitan clearirghouses. A reason.

g,se

.e.

able effort wi!! be made to distribute 'draf t 8"" Y " " * ' * - - -

sans *

=

ceae ea ew'swe came.

erivtronmental statement.s prepared for i teim e.,, a 300 aer ye s i awamm e,,, ni se se, liceming actJons to all Statzt that ma)

,ci,,,g se rs,e,,,, e,,,,,,,,,,,,,e,,

be ajfects:d: and to appropriate national-

[

s.nd local environmental organizations:

3

'oen-.. % e==i6*ere r=eaa em L. -

's ta.wwe=erem s,.er er Treaeowista e name.come taen p~

- 443 !! the draft en vironmental

" are ovmeseie nos e-e era own seeen m rwwe nesmiras cece ear isr2 we s.ee t. erupec rsmas see ters sees een,.e-ee e

g e, ne anne,.e e'eoec.ema e 4r casives si em corre'=ema s Peas oeuwmee mourut 1717 M st Nor, wN.m wwn l

D C wuf se, vegeo one, nea se,=== surne saa va zries wass.irse e e s

impact statement Ls for a llCensing

• • see a ss es 4*=ce c8w s22s) wts 8sumforPsm3e e eresen,e m a som er s3/s enoessee. 32Jst s

0 action. (1) all parties to the licensmg

(

! proceeding and the chief executive of

{

evi see. m

o. c., e e

.ec pees ens e., neoaa some e e e.,.se w, aen e men nese.

• the municipality or county identifsed

{ **e'e**w*e'*em*,*s*te >.'es a sco a=erve een year en ee==n.mm a se,owww -,%

tie same e oe emass ese m

• • '* o.ee

.e remes ne w=see a smo e.e e. en i me.em e= = a a w - _

ce m

m

.in the draft environmental impact

,, e

.,e non,s neceeenis reeeme e enma iso n e

,, year statement as the preferred site for the

• • • • "***8 ' **" *

• sema noa r.eim er"i o'c"e eses ".' '. is'd"****** * "'** meer,eum a ee ame e a yee fien. s men g

_ _ es a proposed factllty or activity and Iin) esce== e snee er e coi em n e

e. e e a pecy. e m eno e ene e e s ewe nao eecet e. en en we emne esca une e ne i w

?

• acouen re ea==measaw ane w e--=

ea cio simas wie e ewepwiesen ame. en e erwey.

c e

tesg vennercoat seawee re see..'ere erres 'eemeses er oaeamer e e eseg appene en a erwpe reece e a a.m escas the chief esecutises of rrlunicipahtles

• • e w munt.es identted in the draft envi-E state M tissu e thatd. m r.:n d e rc.n r.cmL.mf,act statement as alter.

2 Ford EnvuoN ACENTG I2 frac'r

' f nal s* Atcment to a3 commentators is tp r.stsie sites w ho has e requested a copy StaTrarmrTs

= imprecuesble the Envircementaf frotecuan o

o.' the aspheation-4 Atency 3d3 be censulted con.

I 31.26 Final environmental leaport ds One it s copy of the draft state-

-. cerr:.tna a2ternauve arrangements for dis.

etsi-te.

mer.t u.:.1 h provided to thcse persons on tv.buton of the statement, the Cc:n= son's ust to recalve ent:.ren.

(a) After receipt of the cornments re-mental impact statements in accorcance quested paarruant to lI 31.25 ard 51.So(e)

(da he draft and f.nal environmental Mtb 3 5154tc) and other persons upon the D6 rector of Nuclear Ranctor Regulatson or Impact statementa and ar.s **mments request to the cztent avansMe.

Director of Pouclest Masenal safety and 5afe-se) M releases wm M provided to guards ce their desgnes. as appropnare, wdl

% received pursuant to t.his part vm ac.

e=

company the application throurts, and the local newspapers and other appro-prvpart a real envuoamental g shall be constdered 2n. the "ammtentrera r

tmpact statement in secordance with the

u. rvflev procemmes.

r aD p ob,e ringrements in 151.23 for draft enh Subpart C-Meterials L3covising ased C

insD'Cung a draft statement EDd the Ep.

,, mentalimpact statementa. M M m*

, viromental statement wt!! Include a g,,,,

Other Actions R.

13 be u is.ed in the 3 f.nal cost-benett analyds and a nnal 0

c

• • conclus3on sa to the action caDed fo,r,.,g F

g TmataAa RestsTaa in accordance et12.

g g

g, g gg u

18138ce'-

7; statement wm mare a mean:ngtut reter.

e 3 31.03 )tequeets fee eemmenu en dr ft c' ence to the existence of any r.e,,enme 5 51.40 Environmental reports.

E casironment al impmee stater' ente.

opposing view not adarastely discuased Draft environmental tmpact state.

2n me draft anfitnmetal statement.

(a) EXcept as provided in paragraphs

' La c.stributed in accordance with indicating the response to me lasuas (b). (c) and (d) of this section, appli.

It ssantes and 5124cd> and news re-ramed. An substanute comments n-cants for permits, licenses, and orders, ten.cs prosteed pursuant to I 51.24(en eetred on taa draft (or --me rias then-and amendments thereto and renewals um be accompanied by or inc2ude a r,.

W when me response bas bem emp-.. thereof, covered by 151.5(a) shall quent for comments on the proposed ac-stacany varuminouns un be to

submit to the Director of Nuclear Re-Q884 ent. y,th

• 1 actor Regulation or Director of Nucle-uon and on the tira.ft environ tal t

u ny da s lY[dat, fpu$uo*nUa 2n me text of 2* '"""8-

[ at Material Safety and Safeguards, as FEDER AL REGtsTER nouce h the Enswon.

. appropriate.150 copies of an environ-mental Protecuen Arency3 announcing (el N f.nal environmental tmpact ' mental report WhlCh discusses the the avacabinty of the draft statement. or statemmt wm be distributed in 28 ett.an such lonter penod as the com.

same mannre as spec: Sed for draft en-matters described in i 51.20. Petition-ers for rule mak.ing covered by' ded tr e

3

.1 pt e case I Ud M dd M N DdM preaxned. unless the agency or per-State. and 3cca! agencies. other than the of Standards Development fifty (50) ac,o regbests an extensson of time, that

.a hvi nmanta2 Protaction Agency. and copies of an environinental report the agency or persen has no com. ment

in ad penosa. only % who sub-

, which discusses the matters described to make. De Commwon w m endeavor mitted corm"ts on the draft enetron-i in 151.20.

to comply with requests for eatenatons of men al impact stateesent or environ-i time up to r.f teen (13) days.

metal report or muestad fnal state-ments will be sent a eppy of the nnat statenent. when the number of com.

q ments on a draft ennrtmmental impact 2

~

5 St.7 Septernber 1.1982

= - - - - - - - - - - - - - -

PART 51 a '.lCENSliJG ATJD REGUu iCRY POLICY AND PROCEDURES-f*

I 51.a t Ac v.: rr n i ; ec-w et.

FEacRAL RtcIsTu a notice of intent Except as tL t tora derme that an envitenmental im: act staa.

- n, t ets - a m to cr.-

taNcN ac.lftv tr $eNg ai N.,

require. proce6.res ar.d measures inent will be prepared in accordance suen spoucatzens cescred by I 5: 5.a' similar to those desenbed in i15122-with Ii 51.5(c) and 51.6. The notice will briefly describe the nature of the staa sw t to tr.e D.reetor c: Nue: ear 51.26 will be followed in proceedings for R proposed agency action and state that Reactor Regu:st:cn cr Director of Nu-the issuance of matenais liceitses and "2 an environmental impara staternent clear Materta! Safety and Safeguards. as a apprcpr:ste. in accordance with 150 30 other actions covered by l 51.5(albut will be prepared. The notice may be m

3.c.it ulve of Part 50 of this chapter, not covered by I $1.20 or 51.21. The consolidated with the summary notice a

forty-or.e #41

copies of an environmen-procedures followed with respect to R of the availability of the environmen.

materials licenses will reflect the fact tal report or with the list of environ-I se t in o

ea 1 n all

' retain an addiuonal 109 ccoles of the that, unlike the licensing of production mental impact statements in prepara.

i emtrenmental report for distriouuon to and utilization facilities, the licensing of tion required by i 51.54(a).

Pederal. State, and local emetala in ac*

materials does not require separate corda 2 ce m1th vrttten instnacuons ti-2 authorizations for construction and e

The publication require-succ by the Director of Nuclear Reactor O

Regulation or D: rector cf Nuclear Ms.

operation. In the case of an application e ment of this paragraph may be satis-n terial Safety and Safeguards. as appro-E for a license to receive and possesa

"* fled by forwarding the notice of intent gra te.

[ high-level radioactive waste at a E to the Environmental Protection

• geologic repository operations area n Agency for publication in the PEDERAL purscant to Part 60 of this chapter.

QEctsTn.

however, the environmental impact.

{

Copies will be statement required by 151.5(a) shall be

, forwarded to the appropriate Federal,

.o Ap.,licants for licenses, amend

• prepared and circulated prior to the met:ts to Ikenses. and renewn!.s thereof.

issuance of a construction authorization: g State, and local agencies, the appropri-ag'ap the environmental impact statement g ste State, regional, and metropolitan

$NtsSaptr' cove t'y T

clearinghouses and to interested per-

'a > s s >. t b > < 4). <51 shall be supplemented prior to iesuance w sons upon reqwst. A pm announce-e a t i t i. t a > 8 5 :"I 51.5 shan submit to the of a hcense to take account of any 3 and (b> <8) of

= Director of Nuclear Material Safety and bubstantial changes in the ectnit$cs

• Saseguarea 15 copies of an environmen.

proposed to be carried out or significant

• tal report which discusses the Instters new information regarding the described to I 51.20. The app!! cant sh&E retain an additional 85 copies of the en-environmentalimpacts of the proposed (c) Environmental impact state-vironmental report for distributton to activities.

ments; notice of availability.

Federat. State. and local c:=.cials in ac.,

(1) The Director of Nuclear Reactor cercance with sT:tten instructiers issued Regulation or Director of Nuclear Ma-by the D recter cf Nue: ear !. aten&I terial Safety and Safeguards or their Sa!cty and Safeguards.

$ desgnee, as appropr: ate will forward

~

D-Adm. 'rstrathre Action ana Subpart y copies of draf t and final environtren-C m

hortz tion; Public Hearings and e tal impact statements to the Environ-

• mental Protection Agency in accor.

Federal Register" notiest dis-Q dance with (( 51.24. 51.26 and 51.41.

$ 51.50N",','I*",,,*[ p3f;$gujy ""*

The Environmental Protection Agency (d) The DOE. as an applicant for a sill publish weekly in the FEDERAL Iicense to receive and possess (a) Notice of avanabinty of environ-REGISTER lists of emironmental radioactive waste a? a geologic menta1 report. After receipt of any app 11-impact statements received during the repository operations area pursuant to cant's environmental report, submitted preceding week that are available for l Part 60 of this chapter, shall submit at in cennection with a docketed applica-gublic comment.

the time of its application or in ad.rance.

tion, a summary notice of avanabiuty of the npert en be putushed in the h and at ihe time of amendments. m. the saaz. Rrets ra. The report will be placed

• The date of publica-manner provided m i 60.22 of this in the Ccm=issien's Public Document tion of such lists shall be the date chapter, environmental reports Mich

, Roem at 1717 H Street.NW. Washington, from which the minimum period for y pub c nt discuss the matters described in i 51.20. g D]gd in comment on and advance availability g

g

- The discussion of alternatives sha

1

" vieir.:ty ct the site of the preposed facmty,, of statements shall be calculat -d.

include site charactenzation data for a =. cr ucensed activity where a r.le of docu. R (2) Upon preparation of a draft em'i-

- number of sites in appropnate geologic g rnenta pertaining to such proposed fa-gronmental impact statement, the Di-2 media so as to aid the Commission m ciuty or neurity is maintained. ne re-

c rector of Nuclear Reactor Regulation

. makmg a comparative evaluation as a port r13 also be ;1 aced in State, regional. ' or Director of Nuclear Material Safety and mnrepoutan clearinghouses in the R and Safeguards or their designee, as

• basis for arnvmg at a reasoned decision under NEPA. Such characterization data N$r Ni ac ty. b a appr priate will cause to be published to j

shall mclude results of appropriate in a pubuc announcement of the avau-

, EjIj j

situ testing at repository depth unless abihty of the repcrt wiH be made. Any the Commission fmds with respect to a ecm=ents by intensted persens on the

-ment, particular site that sych testing is not report will be mnadered by the commission's The summary notice will re-narf.and there mu required. The Commission considers the quest, within forty.five (45) days from h

characterization of three sites fn$e N the date of publication of a FEDERAL po t representing two geologic media at least statement in aceerdance W.th II 51.2; 8 REctsTER notice by the Environmental m Protection Agency announcing the one of which is not salt to be the and 31.41.

mimmum necessary to satisfy the (b) Notices of intent. The Director of h-

} availability of the draft statement, or h

s" requirements of NEPA. (Howeser,in egor egn corlku; Nuc ear Reactor R g at o

D light of the significance of the decision

,,,,,,,,,,,,p p,,prute. uit cause to

' Director of Nuclear Material Safety selectmg a site for a repository, the te pubitsbed in the Turarr. Rzctsrta,

and Safeguards or their. designee, as Commission fully expects the DDE to appropriate. may specify, comment l

submit a wider range of alternatives from interested persons on the pro-than the minimum required here )

posed action and on the draft state-i ment.

September 1,1982 51-8 m,_

.-m

mni al

• LICENSING AND RE OU ORY POLICY AND PROCEDURES-

{

fre m. narv r.cta shall aho part will n t h ;.:m ntr d undl the Independently consider the final

.. p.

r rr M th* ef f ect 'hr.t fmal envirenw-ma 7 mnt aMe amg ccdctg facWs con-s mmt a cf Fe:eral. State. E.r.d is furrashed to the

.tren:.

6 Pro, ained in the record of the proceedmg bca agenctes and interested persons election Agency and cermnentmg agen-r the permit with a view to deter-taereon will be asallable when re R cies and made availabie to the public, mir.ing the appropriate action to be ce m d-

" Any other party to thee proceeding (3) Upon preparation of a final en 6 may present its case on NEPA matters (3) Deterrnine a'fter weighing the en-urunmental unpact statement the Director of Nucleas Reactor Regulation or Director of Nu O as wetg as on radiological health and vironmental. economic. technical, and clear Matenal Safety and Safegunds or their I safety matters prior to the end of the other benefits against environmental designee, as appropnate, wilt Llifteen (15) day period.

and other costs, and considering avail-cause to be published able alternatives whether the con-

in the FEDERAL Rrcism a nctice of ~(b)(1) struction permit or license to manu-In a proceeding in which a f acture should be issued, denied, or ap-svailability of the statement.

(d) The Director of Nuclear Reactor hearing is held for the issuance of a propriately conditioned to protect en-2 Regulation or Director of Nuclear Ma, permit. license, or order, or amend-vironmental values:

terial Safety and Safeguards or their ment to or renewal of a permit,11-

. { designee, as appropriate, will cause to (4) Determine, in an uncontested cense, or order, covered by 151.5(a),

proceeding. whether the NEPA review crw be published in the FEDERAI. Rectsm and matters covered by this part are in conducted by the Commission's staff JQ negative declarations required by issue, the staff will offer the final en-has been adequate-l 51.5(c). The negative declaration wilj vironmentaf impact statement in evf-(5) Determine, in a contested pro-describe the proposed action and state dence. Any party to the proceeding ceeding, whether in accordance with

. hat the Commission has determined may take a position and offer evidence this part, the construction permit or on the aspects of the proposed action license to manufacture should be not to prepare an environmental covered by NEPA and this part in ac.

impact statement for the proposed issued as proposed corda ce the rov fons of Sub-action. It will also state that an envi-(d) In any proceeding in which a p,g hearing is held for the issuance of a

.onmental impact appraisal setting forth the basis for the determination (2) In such a proceeding the presid.

permit, license, or order, or amend-is available for public inspection and ing officer wul decide those matters in ment thereto or renewal thereof, will list the location or locations where controversy among the parties within where the Director of Nuclear Reactor the environmental impact appraisals the scope of NEPA and this part.

A Regulation or Director of Nuclear Ma-(may be inspected.

(3) In such a proceeding, an initial G terial Safety and Safeguards or their decision of the presiding officer may a designee, as appropriate has deter-Include findings and conclusions f mined that no environmental impact Adm. istrative action-which affirm or modify the content of R statement need be prepared for the 9 51.51 in To the maximum extent practicable,,,the final environmental impact state 'particular action in questfon. any r.c permit. license, or order, or renewal 4 ment prepared by the staff. To the prty to the proceed;ng may take a po-of or amendment to a permit, license, g extent that findings and conclusions sition and offer evidence on the as-g or order, or effective regulation. for gdifferent from those in the final envi-pects of the proposed action covered which an environmental impact state.

ronmental statement prepared by the by NEPA and this part in accordance ment is required will be issued until staff are reached, the statement will with the provisions of Subpart G of ninety (90) days after a draf t environ.

be deemed modified to that extent and Part 2 of this chapter. In such pro-mental statement has been circulated the initial decision will be distributed ceedings, the presiding officer will for comment, furnished to the Envi.

as provided in 151.26(c). If the Com-decide any such matters in controver-ronmental Protection Agency, and mission or the Atomic Safety and Li-sy among the parties.

made available to the public. Neither censing Appeal Board in a final deci-0 51.53 Hearings-Operating licenses.

will such licenses permits, orders, re.

sfon reaches conclusions different newals, amendments, or regulations be from the presiding officer with respect (a) The presiding officer, during the issued until thirty (30) days after the to such matters, the final er vironmen.

course of a hearing on an application final environmental impact statement tal impact statement will be deemed for an operating License covered by together with comments) has been modified to that extent and the deci, t $1.5(a), may authonze, pursuant to

$ (furnished to the Environmental Pro.sion will be similarly distributed.

I 50.57(c) of this chapter, the loading of nuc! car fuel in the reactor core and I ection Agency and commenting agen-(c)In addition to complying with ap-t limited operation sithin the scope of cles, and made available to the public.

plicable requirements of paragraphs 2 If a final environmental impact state-(a) and 10) of this section, in a pro.

I 50.57 (c) of this chapter, upon com-

' ment is furnished and made available ceeding for the issuance of a construe.

pliance with the procedures described within ninety (90) days after a draft tion permit for a nuclear power reac.

there n. In any such hearing, where statement has been circulated for com-tor, testing fact!!ty, fuel reprocessing arg party opposes such authorization ment, furnished to the Environmental plant or isotopic enrichment plant, or on the basis of matters cosered by this Protection Agency, and made available for the Luuance of a license to manu.

part. the provisiens of 1151.52(b). (c).

to the public, the minimum thirty (30) fr.cture, the presiding officer will:

.or (d) will apply, as appropriate.

day period and the ninety (90) day period may run concurrently to the r-extent they overlap.,

j (1) Determine whether the require * (b) Presiding officers shall not admit

• ments of section 102(2) (A) (C), and 5 (E) of NEPA and this part have been

ontentions proffered by any party I 51.52 Public hearings.

enceming altemative sites for the a

In any proceeding in which aQomplied with m the proceeding; proposed plant in operating license (a) draft environmental impact statement

hearings and shall not raise such issues 1s prepared pursuant to this part, the I suo sponte.

l draft environmental impact statement L

will be made available to the public at least fif teen (15) days prior to the time of any relevant hearing. At any such hearing, the position of the Commis-s' ston's staff on matters covered by this SI 9 September 1,1982 i

i I

\\

PART 51

• LICENSING AND F.EGULATORY POLICY AND PROCEDURES f- (c) Pn siding c!5cers shall not admit I de maec z.a.uta to the pubhe upon t request a e Nt charge to the extent

cenkcticns proffered by any party 3 pract esta. m nretar.cnc the pron.

'; c=ceming need for power or

" sacr.s of Part 9 cf tr.ts enacter or at a z alternative energy sources for the

- fee not exceedmg the actual reproduc-I proposed plant la operating !! cense

$ L20D C081-

• bearings.

L-.

.L

.a g $354 %Wred lista.

1 31.54 Application of part to proceedings.

(a) Ennronmental impact sta w ments in preparat on. The Director of The provisions of this part are appli-Nuclear Reactor Regulation or Direc-cable to all draft and final environ-mental impact statements filed with tot of Nuclear Material Safety and 8 the Council on Environmental Quality Safeguards or their designet, as appro-N during the period August 19. 1974

& pnate stil maintain a list of actions E through December 4.1977 and to all

• for which environmental impact state- *; draft and final environmental impact a ments are being prepared and make ' statements filed with the Environroen.

• the list available for pubile inspection tal Protection Agency on or after De-I on request. The list will be revised and cember 5,1977.

brought up to date every three (3) monthL Pacility licensing pro-f-

,eeedmgs in which notice of hearing g

The list will be forwarded im- ;;was published in the Prnouu. Rrcistra o mediately after each revision to the gon or before August 19, 1974 shall be e Environmental Protection Agency for asubject to the provisions of Appendix

'; publication in the PEnERaL Rzcastra.

• D of Part 50 of this chapter applicable

• L Rto the proceeding in effect on August 19,1974.

(b) Negative declarations and envi-ronmental impact appraisals. The Di-rector of Nuclear Reacter Regulation or Diree or of Nuclear Material Safety 2 and Safeguards or their designee, as 9

E appropnate. s111 maintain a list of

• negative declarations and environmen-a taJ impact appraisals and male the list R available ~ for public inspection. The list will be revised and brought up to date every three (3) months.

F De list

! will be forwarded immediately after

• cach revision to the Environmental

" Protection Agency for publication in g the Penraat Rsctsrza.

(c) Interested groups De Director of Nuejear Reactor RegulatJon or Di-rector of Nuclear Material Safety and Safeguards or their designee, as appro-priate, will maintain a list of groups.

includ:ng relevant conservation com-mtulons. known to be interested in the Committion's licensing and regulatory activities and stil notify such groups hof the availability et a draft environ-mental impact statement as soon as it 0is ptepared, n

i E 131.53 Costs of materiefs distributed to public.

g Applicant'a Environmental Reports.

draft and final ennronmental impact statements, riegative declarations, and ennronmental impact appraisais will T,

September 1.1982 51 10

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FROM ACTION CONTROL DATES CONTROL NO sar;idc.cass14i 12609

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a Save the Valley l

7' WTERIM REPLY

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DATE OF DOCUMENT

}{,.jg gg TO PREPAHt! FOR SIGNATURE Chairman Palladino

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OcxecuTws oiascTm OTHER.

DC SC AiPTION O tcircn O utuo O RCPORT O OTHER SPECIAL INSTRUCTIONS OR REMARKS Subatts document concerning Marble Hill Nuclear plant i

• ss w o To oarc mamuara aouTm

.D'nton,E22 f/__12 22 82.

3eYoung 4ppron A Lica Keppler, RIII E,isenhet 12/23/82_ Case /Denton 14 ewe-1, ppAs c

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Schroeder 3.

Mattson 4.

Vollmer SECY 82-1206 5.

Thompson 6.

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