ML20073B802

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Third Set of Interrogatories & Request for Production of Documents.Certificate of Svc Encl.Related Correspondence
ML20073B802
Person / Time
Site: Harris  Duke Energy icon.png
Issue date: 04/07/1983
From: Oneill J
CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To: Eddleman W
EDDLEMAN, W.
References
ISSUANCES-OL, NUDOCS 8304120557
Download: ML20073B802 (42)


Text

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BELATED CORRESPONDENCP 33 4:,1,gg,.gp 1983"1 April 7, I

l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD S

In the Matter of

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j CAROLINA POWER & LIGHT COMPANY

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AND NORTH CAROLINA EASTERN-

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Docket'Nos. 50-400 OL MUNICIPAL POWER AGENCY

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50-401 OL

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(Shearon Harris Nuclear Power

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Plant, Units 1 and 2)

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APPLICANTS' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO INTERVENOR WELLS EDDLEMAN'(THIRD SET) 1 l-Pursuant to 10 C.F.R.

$$ 2.740b and 2.741.and to the Atomic Safety and Licensing Board's " Memorandum and Order (Reflecting Decisions Made Following Prehearing Conference)" of j

September 22, 1982, Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency hereby request that Intervenor Wells Eddleman answer separately and fully in j

writing, and under oath or affirmation, each of the following.

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interrogatories, and produce and permit inspection and copying

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of the original or best copy of all documents identified in the-i

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8304120557 830407-gDRADOCK 05000400 PDR

.l responses to interrogatories below.

Under the Commission's Rules of Practice, answers or objections to these interroga-tories must be served within 14 days after service of the interrogatories; responses or objections to the request for production of documents must be served within 30 days after i

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service of the request.

7 These interrogatories are intended to be continuing in 4

nature, and the answers should promptly be supplemented or amended as appropriate, pursuant to 10 C.F.R. 5 2.740(e),

should you or any individual acting on your behalf obtain any i

l new or differing information responsive to these interroga-i tories.

The request for production of documents is also continuing. fin nature and you must produce immediately any

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  • additional documents you, or any individual acting on your behalf, obtain which are responsive to the request,'in accor-dande with the provisions ~of 10 C.F.R. $ 2.740.(e).

' yhere identification of a document is requested, briefly de$cribe the document (e.g.,

book, letter, memorandum, tran-script, report, handwritten notes, test data) and provide the following information as applicable:

document name, title, number, author, date of publication and publisher, addressee, date written or approved, and the name and address of the

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'perso'n or persons having possession of the document.

Also I

s, tate the portion or portions of the document (whether sec-

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tion (s), chapter (s), or page(s)) upon which you rely.

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Definitions:

As used hereinafter, the following defini-i tions shall apply:

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.The "ER" is'the Environmental Report - Operating License Stage for the Shearon Harris Nuclear Power Plant, as amended.

"Applicarits" is intended to encompass Carolina Power &

s Light Company, North Carolina Eashern Municipal Power Agency

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and their contractors for the Harr.fs Plant.

" Document (s)" means all writings and records of every type i

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in the possession, control or custody of Wells Eddleman or any i

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l individual acting on his behalf, including, but not limited to, I

memoranda, correspondence, reports, surveys, tabulations, charts, books, pamphlets, photographs, trapst bulletins, 1

. 'Q minutes, notes, speeches, articles,' transcripts, voice recordings and all other writings or recor' dings of any kind; r

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" document (s)" shall also mean copies of documents even though the originals thereof are not in the poss'e'ssion, custody, or s

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control of Mr. Eddleman; a documcant shall'be deemed to be within the "controf" of M'r. Eddleman or any individual acting e

on his behalf if he has ownership, pbssession or custody of the

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" document or copy'thereof, or has'the right.toisecure the l

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document or copy thereof, from any person or public or private entity having physical possession thereof.g i

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General Interrogatories 1(a).

State the name, present or last known address, and present or last known employer of each person known to you to have first-hand knowledge of the facts alleged, and upon which you relied in formulating allegations in the contention which is the subject of this set of-interrogatories.

(b).

Identify those facts concerning which each such i

person has first-hand knowledge.

(c).

State the specific allegation in the contention which you contend such facts support.

2(a).

State the name, present or last known address, and present or last employer of each person, other than affiant, who provided information upon which you relied in answering I

each interrogatory herein.

(b).

Identify all such information which was provided by each such person and the specific interrogatory response in which such information is contained.

3(a).

State the name, address, title, employer and education and professional qualifications of each person you intend to call as an expert witness or a witness relating to the contention which is the subject of this set of interroga-tories.

(b).

State the subject matter to which each such person is expected to testify. -

4(a).

Identify all documents in your possession, custody or control, including all relevant page citations, pertaining to the subject matter of, and upon which you relied in formulating allegations in the contention which is the subject of this set of interrogatories.

(b).

Identify the contention to which each such document relates.

(c).

State the specific allegation in each contention which you contend each document supports.

5(a).

Identify all documents in your possession, custody or control, including all relevant page citations, upon which you relied in answering each interrogatory herein.

(b).

Identify the specific interrogatory response (s) to which each such document relates.

6(a).

Identify any other source of information, not previously identified in response to Interrogatory.2 or 5, which was used in answering the interrogatories set forth herein.

(b).

Identify the specific interrogatory response (s) to which each such source of information relates.

7(a).

Identify all documents which you intend to offer as exhibits during this proceeding to support the contention which is the subject'of this set of interrogatories or which you intend to use during cross-examination of witnesses presented l 1

by Applicants and/or the NRC Staff on the contention which is the subject of this set of interrogatories.

(b).

Identify the particular page citations of each document applicable to the contention.

Interrogatories on Contention 64(f)

(Valves on Spent Fuel Transportation Casks) 64-1(a).

In your reference to " casks used for spent fuel transport" in Contention 64(f), are you referring to the IF 300 series spent fuel shipping cask owned by Carolina Power & Light Company?

l (b).

If the answer to (a) above is affi rmative, is there any other cask (s) to which you are referring in Contention l

64(f)?

If so, describe each such cask.

(c).

If the answer to (a) above is other than affirma-tive, identify and describe each cask to which,ou refer in l

l Contention 64(f).

64-2.

You allege that " pressure valves on the cask used for spent fuel transport are likely to unseat."

Identify and describe in detail the pressure valves on spent fuel cask (s) to which you are referring.

64-3.

Contention 64(f) states "the plastic components of such valves could and would melt in a fire less severe than the test basis for spent fuel casks."

Identify each " plastic component" to which you refer.

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64-4.

State in detail the basis for your allegation that a fire less severe than the test basis for spent fuel casks could result in " valves on spent fuel casks melting."

Include in your response your definition of the " test hasis" fire and the parameters of the " fire less severe" that could result in

" valves... melting."

64-5(a).

Attached hereto is 5 6.5.2.2 of the Consolidated Safety Analysis Report for the IF 300 shipping casks.

This section analyzes the 30-minute fire and post-fire period in terms of the integrity of the shipping cask under fire condi-tions.

Do you contend that this analysis is inadequate for the IF 300 spent fuel shipping casks?

(b).

If the answer to (a) above is affirmative, set forth in detail those aspects of the analysis with which you contend is inadequate and describe in detail the basis for your allegation.

(c).

If the answer to (a) above is other than affirma-tive, state how your response is consistent with the allega-tions set forth in Contention 64(f).

64-6(a).

You contend that four spent fuel transportation casks were " removed from service by GE in 1981."

Does this statement refer to the voluntary limitation by General Electric and owners of IF 300 casks of the use of General Electric Company's four model IF 300 shipping casks for shipments only with a dry cask cavity?.

e (b).

If the answer to (a) above is affirmative, do dry shipments only with the IF 300 shipping cask resolve the concerns that you have with respect to pressure valves "likely to unseat"?

(See the attached April 6, 1982 revision to the IF 300 shipping cask certification.)

(c).

If the answer to (b) above is affirmative, are you willing to withdraw this aspect of Contention 64(f)?

(d).

If the answer to (b) above is other than affirma-tive, describe in detail how a pressure valve is "likely to unseat" with a dry shipment of spent fuel.

(e).

If the answer to (b) above is other than affirma-tive, describe in detail how " coolant -- radioactive contami-nation -- followed by fuel overheating and melting, Cs-137 boiling" could occur with dry shipments?

64-7(a).

Do you contend that Carolina Power & Light Company's IF 300 shipping cask, or any other cask (s) that might.

be used in the future by Applicants, fails or will fail to meet NRC regulatory requirements as set forth in 10 C.F.R. 5 73.31 and 32 and 10 C.F.R. Part 71 Appendices A and B?

(b).

I.f the answer to (a) above is affirmative, state in detail which regulatory requirements you contend such spent fuel shipping cask (s) fails or will fail to meet.

i (c).

If the answer to (a) above is other than affirma-tive, state how your response is consistent with the allega-tions set forth in Contention 64(f). r.i.

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Interrogatories on Eddleman Contention 67 (Low Level Waste Disposal) l 67-1.

Define " assured disposal site" as you use that phrase in Contention 67.

67-2.

Describe in detail how and why you contend the health and safety of the public is endangered by the lack of an

" assured disposal site" to isolate low-level radioactive waste i

produced by normal operations at the Harris Plant.

i 67-3.

You state that "the lack of such an assured disposal site, endangers the health and safety of the public under AEA...."

Does "AEA" mean the Atomic Energy Act of 1954, as amended?

If so, explain under which provision (s) of such j

Act, you rely in making the assertion quoted above.

67-4(a).

Do you contend that the existence of an " assured disposal site" for low-level radioactive waste is required by regulations of the Nuclear Regulatory Commission?

(b).

If the answer to (a) above is affirmative, state the l

applicable section(s) of the Commission's regulations upon t

which you rely and explain in detail why you contend such i

section(s) require an " assured disposal site."

(c).

If the answer to (a) above is other than affirma-3 tive, explain how your response is consistent with the allega-tions set forth in Contention 67.

67-5)a).

You provide as basis for Contention 67.the

" refusal of SC, NV and WA states to continue to accept l

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unlimited amounts of low-level radioactive waste."

Assuming that the states of South Carolina, Nevada and Washington will I

not, in fact, accept " unlimited" amounts of low-level radioac-tive waste, state in detail how this will impact on the ability of Applicants to ship low-level waste from the Harris Plant to a low-level waste facility.

(b).

Do you contend that the state of South Carolina will not permit Applicants to ship low-level radioactive waste from the Harris Plant to a waste disposal facility within the state of South Carolina?

If so, state the basis for such an asser-tion.

(c).

Do you contend that the state of Nevada will not permit Applicants to ship low-level radioactive waste from the Harris Plant to a disposal facility within the state of Nevada?

If so, state the basis for such an allegation.

(d).

Do you contend that the state of Washington will not permit Applicants to ship low-level radioactive waste from the Harris Plant to a disposal facility located within the state of Washington?

If so, state the basis for such an allegation.

(e).

If the answer to either (b), (c), or (d) above is other than affirmative, state how your response is consistent with the allegation set forth in Contention 67.

67-6(a).

You provide as the basis for Contention 67 "the enactment by Congress of laws allowing states to form compacts for low-level rad. waste disposal and to exclude waste such as SHNPP low-level radioactive waste from states not members of such compacts."

Does you reference to " laws" in the above cited allegation include the Low-Level Radioactive Waste Policy Act, 94 Stat. 3347, Pub.

L.96-573, 42 U.S.C.

2021?

(b).

Other than the statute identified in (a) above, are there any other " laws" which you believe supports your allega-tion that there is no " assured disposal site" to isolate the low-level radioactive waste produced by normal operation at the Harris Plant?

67-7(a).

Section 4 of the Low-Level Radioactive Waste Policy Act provides that each state "is responsible for providing for the availability of capacity either within or outside the state for disposal of low-level waste generated within its borders except for waste generated as a result of defense activities...."

Do you contend that the state of North Carolina or other states in the southeast region will not comply with the Low-Level Radioactive Waste Policy Act, and, in particular, Section 4 of that Act?

(b).

If the answer to (a) above is affirmative, set forth in detail the basis for your response.

(c).

If the answer to (a) above is other than affirma-tive, state how your response is consistent with the allegation set forth in your Contention 67.

67-8(a).

In passing the Low-Level Radioactive Waste Policy Act, the Congress found that " low-level radioactive i

waste can be most safely and efficiently managed on a regional j

basis".

See 42 U.S.C. 2021(d).

Do you contend that the state of North Carolina is not cooperatin with other states in the southeast region to manage low-level radioactive waste safely and efficiently on a regional basis?

j (b).

If the answer to (a) above is affirmative, set forth in detail the basis for your response.

(c).

If the answer to (a) above is other than affirma-tive, state how your response is consistent with the allega-tions set forth in your Contention 67.

67-9(a).

Attached hereto is Senate' Bill 196, introduced in the' General Assembly of North Carolina on March 6, 1983.

This bill, if adopted by the State of North Carolina, would ratify the " Southeast Interstate Radioactive Waste Management i

Compact," to which representatives of each of the participating states have already agreed.

If Senate Bill 196 is passed by the North Carolina State Legislature and signed into law, and f

if other states of the southeast region similarly ratify the Southeast Interstate Low-Level Radioactive Waste Management j

Compact, will this satisfy your concern regarding an assured disposal site to isolate low-level radioactive waste produced by normal operation at Harris?

(b).

If the answer to (a) above is affirmative, will you withdraw your Contention 67 in such event? i i

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(c).

If the answer to (a) above is other than affirma-tive, state in detail the basis for your response.

(d).

If the answer to (b) above is other than affirma-tive, state in detail the basis _for your response.

l 67-10.

During the pendency of consideration of the South-east Interstate Low-Level Radioactive Waste Management Compact by the state legislatures in the southeast region, what other action (s) do you contend that Applicants should be taking to l

provide for an " assured disposal site" to isolate the low-level radioactive waste produced by normal operation at Harris?

67-11.

Do you contend that the technology does not presently exist to store low-level radioactive waste safely at any of a number of sites within the southeast region of the United States?

If so, state in detail the basis for your response.

l 67-12.

If necessary, do you contend that storage of low-level radioactive waste cannot be accomplished temporarily (for periods up to five years) at the Harris Plant site?

If so, state in detail the basis for your response.

Request for Production of Documents Applicants request that Wells Eddleman respcad in writing to this request for production of documents and produce the original or best copy of each of the documents identified or l

l described in the answers to each of the above interrogatories at a place mutually convenient to the parties.

Respectfully submpf.ted, 1

l Thohas A.

Baxter, P.C. '[

H. O'Neill, Jr.

.Johlt

', PITTMAN, POTTS & IEdWBRIDGE S

i O M Street, N.W.

Washington, D.C.

20036 (202) 822-1000 Richard E.

Jones Samantha Francis Flynn CAROLINA POWER & LIGHT COMPANY P.O.

Box 1551 Raleigh, North Carolina 26602 (919) 836-7707 Dated:

April 7, 1983 I

fctR%Y&hM At the relief pressure of 375 psig, the internal energy change from liquid to steam is 698.6 Btu /lb.

Dividing 105,000 Btu /hr by this value yields a maximum possible steam flow. of '150. lb/hr.

The valve'has a full-open flow of 275 lb/hr which is more than adequate to accommodate the cask pressure reliev1ng requirements.

b.

Water Transient calculations'show that the internal coolant maximum temperature increase rate is 4*F/ minute.

From the steam tables, the water volume increase as a function of temperature change is-3 0.0284 ft 7.F.

The resulting volume expansion rate of the coolant is, therefore, 0.85 gal / min.

This also becomes the maximum water flow rate through the relief valve. The valve capacity is 3 gpm, thus, there is more than adequate water venting capability.

6.5.2 Valve Functioning Under Accident Conditions 6.5.2.1 30-Foot Drop and Puncture The cavity relief valve is protected from mechanical damage by the structural members surrounding the valve box (see Section V).

The valve manufacturer has stated that the only effect of the 30-foot drop "G" loadings on the unit may be a slight and momentary lif ting of the valve disk as long as the valve is protected from direct impact.

The valve body and components are quite rugged. Those components which are the most highly stressed are eithsr Stellite faced (valve seat and disk) or fabricated from Inconel X-750 (yield strength = 84 ksi

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at 1000*F) which has excellent high temperature strength.

6.5.2.2 30-Minute Fire and Post-Fire Period An exact analytical determination of the valve temperature during the fire was not made. Due to its location within a valve box, the unit is 6-128-

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Octabsr 1979-not subjected directly to the fire.

A good estimate of the val've maxi-(()

mum temperature can-be made by examining the cask body surface tempera-s,.

ture at the valve box location (Figure VI-5, node 2020). The maximum expected valve temperature is 420*F. This occurs under post-fire steady-state conditions.

As the cask body is protected from the fire radiative heat input by the external containment, so is the valve protected by the valve box lid and fins.

Furthermore, the valve box components are thermally joined to the cask body, hence heat does not have to flow through the valve into the cask. Thus the post-fire equilibrium condition, not the fire itself produces the highest valve temperature.

Data on Inconel-X 750 bellows and spring matarial show it to have a f

maximum service temperature of 1300*F.

There is less than 2% relaxe-tion in the spring after 100 hours0.00116 days <br />0.0278 hours <br />1.653439e-4 weeks <br />3.805e-5 months <br /> at 1100*F.

The 1-hour relaxation is 0.6% at 1100*F. A bellows or spring deteriorates as a function of tem-

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perature and time. Thus, using the maximum temperature of 420*F, we can see that this is less than half of the spring service temperature and substantially less than the 0.6% 1-hour relaxation temperature.

Tests on bellows such as this have been conducted by Target Rock at continuous temperatures of 750*F.

Such tests showed no loss of bellows characteristics. Valve performance will be unaffected by the tem-peratures produced in or following the fire.

6.5.3 Valve Usage and Fabrication l

4 6.5.3.1 Valve Applications The functioning principle of the relief valve shown in Figure VI-25 is based on that of the pilot section of the Target Rock large safety valve which has been used extensively in power plant applications, including nuclear.

Approximately 114 units have been built and tested.

The basic design is also used in all Target Rock-supplied Navy nuclear safety and safety relief valves.

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6-129

4 rt U.S. Nuclear Regulatory Commissio..

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i Transportation Certification Branch Approval Record Model No. IF-300 Package Docket No. 71-9001

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l By application dated March 15, 1982, General Electric Company requested an amendment to Certificate of. Compliance No. 9001 to permit the use of i

i a rupture disk device for dry shipments.

The rupture disk device would seal the cask cavity to the environment as an alternative to the current pressure relief valve.

The use of a

. rupture disk device should not effect the safety of the cask, but should j

simplify cask maintenance and operation.

The NRC staff is in agreement with the applicant's assessment and find no decrease in the safety of the packaging.

t In June 1981, the General Electric Company and Carolina Power and Light Company notified the NRC that it was voluntarily limiting the use of their four Model No. IF-300 shipping casks.

Future shipments would only be made with a dry cask cavity; no coolant (water) would be present in the cavity during shipment. This was because of a problem with a relief valve.

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The valve is designed to open in the event of an accident and, after relieving internal pressure within the cask, to reseat and reseal. The problem with the valve centered upon whether it would meet specified leakage limits after reseating.

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When liquid coolant is excluded from the cavity (i.e., dry shipment),

l the internal pressures would not be sufficient to cause the relief valve to open and thus its reseating perfomance is not important to safety.

Liquid c.oolants will not be used in the cask until NRC agrees the problem i

has been satisfactorily resolved.

In a telecon between L. E. Fisher of the General Electric Company and R. H. Odegaarden of my staff, it was agreed that wet shipments wou?d be deleted from the certificate until such time as a revised valve design is approved by the NRC staff.

j

[ Donald, Chief b

Charles E.

ac Transportation Certification Branch Division of Fuel Cycle and Material Safety, NMSS l

Date: APR 0 6 1982 i

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GENERAL ASSEMBLY OF NORTH CAROUNA 1

g SESSION 1983 pyjg 1

n (Og SENATE BILL 196 Short

Title:

Nuclear Waste Compact.

(Public) f sponsors:

Senator Walker.

Referred to:

Human Resources.

March 16, 1983 1

A BILL TO BE ENTITLED 2

AN ACT TO APPROVE THE SOUTHEAST INTERSTATE LOW-LEVEL R ADIO ACTI73 3

W ASTE M AN AGEMENT COMP ACT.

4 The General Assembly of North Carolina enacts:

5 Section 1.

A new Chapter is added to the Generr.1

f.,'

3 Statutes to read:

7

" Chapter 104 F.

8

" Southeast Interstate Low-Level

'9 Radioactive Waste Management Compact.

to ut 10 4F-1.

Compact entered into; fora of conoact.--The 11 Southeast Interstate Low-Level Radioactive Waste Managenent 12 Compact is enacted into law and entered into with all other 13 jurisdictions legally joining therein in the form substantially 14 as follows:

15 Southeast Interstate Low-Level 16 Radioactive Waste Management Compact I

ARTICLE I.

Policy and purpose g

There is hereby created the Southeast Interstate Low-Level

'9 Radioactive Waste Management Compact.

The party states recogni:e

'O and declare that each state is responsible f or providing for the 21

s, GENERAL ASSEMBLY OF NORTH CAROUNA SESSION 1983 1

availability of capacity either within or outside the state for

- 4,,.

2 disposal of low-level ra dioactiv e waste generated within its

-30 3

borders, except for waste gen erat ed as a

result of defense h

activitie s of the federal government or federal research and 5

development activities.

They also recognize that the management 6

of low-level radioactive vaste is handled most efficiently on a 7

regional basis.

The party sta tes further recognize that the 8

Congress of the United

States, by enacting the Low-Level 9

Radioactive Waste policy Act (P.L.96-573), has provided for and 10 encouraged the development of low-level radioactive waste 11 compacts as a tool for disposal of such waste.

The party states 12 recognize that the safe and efficient management of low-level 13 radioactive vaste generated within the region requires that ih sufficient capacity to dispose of such vaste be properly 3 6 1.

15 p ro vided.

16 It is the policy of the party states to:

enter into a regional 17 low-level radioactive waste management compact for the purpose of 18 p ro viding the instrument and framework for a cooperative effort, 19 provide sufficient facilities for the proper management of low-20 level radioactive waste generated in the region, promote the 21 health and safety of the region, limit the number of facilities 22 required to effectively and efficiently manage low-level 23 radioactive waste generated in the

region, encourage the 2h r educ tion of the amounts of low-level waste generated in the 25
region, distribute the
costs, benefits and obligations of 26 successful low-level radioactive vaste management equitably among 27 the party states, and ensure the ecological management of low-gh{i 20 3

2 Senate Bill 196

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GENERAL ASSEMBLY OF NORTH CAROUNA SESSION 1983l 1

level radioactive wastes.

2 Implicit in the congressional consent to this compact is the 3

expectation by the Congress and the party states that thel h

a pp ro pria te federal a gencies will actively assist the Compact 5

Commission and the individual party states to this compact by:

6 1.

expeditious enforcement of federal

rules, 7

regulations and laws; and 8

2.

imposition of sanctions against those found to be in 9

violation of federal rules, regulations an d laws; 10 and 11 3.

timely inspection of their licensees to determine 12 their ca pa bility to adhere to such

rules, 13 r egulations and laws; and lb 4.

timely provision of technical assistance to this 15 compact in carrying out their obligations under the 16 Low-Level Radioactive Waste Policy Act, as amended.

17 ARTICLE II.

Definitions 18 As used in this compact, unless the context clearly requires a.

19 dif fe rent const ruction:

20 (a)

" Commission" or " compact Comnission" means the Southeast 21 Interstate Low-level Radioactive Waste Management Commission.

22 (b)

" f a cili ty" means a

parcel of land, together with the l 23 structures, equipment and improvemen ts thereon or appurtenant 2h

thereto, which is used or is being developed for the treatment, 25 storage or disposal of low-level radioactive waste.

26 (c)

" ge ne ra to r "

means any person who produces or possesses'

.y1 27 low-level radioactive waste in the course of or as an incident to s=

2e I

Sen 6

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GENERAi. ASSEMBl.Y OF NORTH CAROUNA SESSION 1983 1

san uf acturing, power ga ns rati on,.

processing, medical diagnosis 2

and tr ea tm en t,

research, or other industrial or commercial 3

a ct ivit y.

This does not include persons who provide a service to b

generators by arranging for the collec tion,

transportation, 3

sto ra ge or disposal of vastes with respect to such vaste 6

generated outside the region.

7 (d)

"high-level waste" means irradiated reactor fuel, liquid 8

wastes frou reprocessing irradiated reactor fuel and solids into 9

which such liquid vastes have been converted, and other high-10 level radioactive vaste as defined by the U.S.

Nuclear Regulatory 11 Commission.

12 (e)

" host state" means any state in which a regional facility 13 is situated or is being developed.

1h (f)

" low-level radioactive vaste" or "vaste" means radioactive

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.F 13 waste not classified as high-level radioactive vaste, transuranic 16

waste, spent nuclear fuel or by product material as defined in 17 section 11e. (2) of t.he Atomic Energy Act of 1954, or as may be 18 f urther defined by federal law or regulation.

19 (g)

" party state" means any state which is a signatory par.ty 20 to this compact.

21 (h)

" person" means any individual, corporation, business 22 enterprise or other legal entity (either pu blic or private).

23 (i)-

" region" means the collective party states.

2h (j)

" regional f a cility "

means (1) a facility as defined in 25 this Article which has been designated, authorized, accepted or 26 approved by the Commission to receive vaste or (2) the disposal 27 f acility in Barnwell County, South Carolina, owned by the state ({g p.

e 2B g

Senate Bill 196

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GENERAL ASSEMBLY OF NORTH CAROUNA SESSION 198@

1 of South Carolin a an d as ' licensed for the burial of low-levol-radioactive vaste on July 1, 1982, but in no event shall thio 2

j as a regional facility beyond Decembe8!

3 disposal facility serve h

31, 1992.

5 (k)

" st ate" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Island 6

r any other territorial possession of the United States.

containin 7

3 (1)

" transuranic wastes" means vaste material transuranic elements with contamination levels as deternined b

9 10. the regulations of (1) the U. S. Nuclear Regulatory C.oamission o 11 (2) any host state, if it is an agreement state under.section 270 l2 of The Atomic Energy Act of 1954.

avaste m anagement" means the

storage, treat.aent o) 13 (m) e,.,

in disposal of vaste.

15 1RTICLE III.

Rights and obligations 16 The rights granted to the party states by this compact a8 additional to the rights enjoyed by sovereign states, and notbiti 17 ig in t his compact shall be construed to inf ringe upen, limit'e

~

19 abridge those rights.

20 (a)

" Subject to any license issued by the U.S.

NucleQ Regulatory Comaission or a host state each party state shall hag 21 22 the right to have all vastes generated within the borders storei treated, or disposed of, as applicable at regional facilities 23 2h and additionally shall have the right of access ~ to' facilitic i.

25 made available to the region through agreements entered into t.

i 26 the Commis sion pursuant to Article IV (e) (9).

The right G

.j.)

27_

access by a generator within a

p ar ty state to any region (

I

'b 28 l

Senate Billi.196

m GENERAL ASSEMBLY OF NORTH CAROUNA

. SESSION 1983 1

fccility is linitcd by its adherc+nca to applicablo stato end 2

federal law and regulation.

J 3

(b)

If no operating regional facility is located within the h

borders of a party state ana the vaste generated within its g

borders must the ref or e be stored, treated, or disposed of at a 6

regional facility in another party state, the party state without 7

s uch facilities may be required by the host state or states to 3

establish a mechanism which provides compensation for access to 9

the regional facility according to terms and conditions 10 established by the host states and approved by a two-thirds vote n

of the co mmission.

12 (c)

Each party state shall establish the capability to 13 regulate, license and ensure the maintenance and extended care of lb any facility within its borders.

Host states are responsible for

. g,)

,w 15 the availability, the subsequent post closure observation and

~

16 maintenance, and the extended institu tional control of their 17 regional facilities, in accordance with the provisions of Article 18 V, section (b).

19 (d)

Each party state shall establish the capability to enforce 20 any applicable federal or state laws and regulations pe rtaining the pack' aging and transportation of vaste generated within or 21 to 22 passing through its borders.

23 (e)

Each party state shall provide to the commission on an 2h annual

basis, any data and informa tion necessary to the 25 imple me nt ation of the commission's responsibilities.

Each party.

i 26 state shall establish the ca pability to obtain any data and 27 inf or:a tion necessary to meet its obligation herein defined.

20 6

Senate Bill 196

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' GENERAL ASSEMBLY OF NORTH CAROUNA SESSION 1985 1

(f)

E ach party state

shall, to the extent authorized bp 2

federal law, require generators within its borders to use the 3

bes t available waste management technologies and practices te h

minimize the volumes of wastes requiring disposal.

5 ARTICLE IV.

The Commission 6

(a)

There is hereby created the southeast Interstate Low-Level 7

Radioactive Waste !!anagement Commission,

(" th e Commission" or 8

" Compact commission").

The Co mmis sion shall consist of two 9

voting members from each party state to be appointed according to 10 the laws of each state.

The appointing authorities of each state 11 must notify the Commission in writing of the identity of its 12 members and any alternates.

An alternate may act on behalf of 13 the member only in the nenber's absence.

3, lh (b)

Each Cocmission member shall be entitled to one vote.

No 13 action of the Commission shall be binding unless a

majority of 16 the total mem bershi p cast their vote in the affirmative, or 17 unless a greater than majority vote is specifically required by 18 any other provision of this compact.

19 (c)

The Com missio n shall elect from a mong its members a 20 presiding officer.

The Commission shall adopt and

publish, in 21 convenient form, by-laws which are consistent with this compact.

22 (d)

The Commission shall meet at least once a year and shall 23 also meet upon the call of the presiding of ficer, by petition of 2h a majority of the party states, or upon the call of a host state.

25 All meetings of the Commission shall be open to the public.

26 (e)

The Commission has the following duties and powers:

7:g 27 (1) to receive and a pprove the a pplication of a non-28

. Senate Bill 196

'7

s GENERAL. ASSEMBLY OF NORTH CAR 0UNA SESSION 1983 1

p arty ctato to becono en oligibl@

et ato in

~

2 accordance with Article VII (b); and 3

(2) to receive and approve the application of an b

eligible state to become a

party state in 5

accordance with Article VII (c) ; and 6

(3) to submit an annual report and other conmunications I

7 to the governors and to the presidin g officer of 8

each body of the legislature of the party states 9

regarding the activities of the Commission; and 10 (4) to develop and use procedures for determining, 11 consistent with considerations for public health 12 and s af et y, the type and number of regional 13 facilities which are presently necessary and which lb are projected to be necessary to manage vaste g-j

.43 15 generated within the region; and 16 (5) to provid e the party sta tes with reference 17 guid elines for establishing the criteria and 18 procedures for evaluating alternative locations for 19 emergency or permanent regional f acilities; and 20 (6) to de velo p and adopt within one year after the 21 Commission is constituted as provid ed for in 22 A rticle

VII, sectio n (d), procedures and criteria 23 for identifying a party state as a host state for a

' i 2h regional facility as determined pursuant to the 25 requirenents of this Article.

In accordance with 26 these procedures an d criteria, the Connission shall 27 identif y a host sta te for the developnent of a

yjg 28 Vf 8

Senate Bill 196

(

GENERAL ASSEMBLY OF NORTH CAROUNA SESSION 1983 1

second regional disposal facility within three 2

years after the Commission is cons tituted as 3

provided for in Article VII, section (d) and shall h

seek to ensure that such facility is licensed and 5

ready to operate as soon as required but in no 6

event later than 1991.

7 In developing

criteria, the commission must 8

consider the following:

the

health, safety, and 9

welfare of the citizens of the party states; the 10 existence of regional f acilities within each party 11 state; the minimization of vaste transportation:

12 the volumes and types of vastes generated within 13 each party stat e; and the environnental, econonic j.,

lh and ecological impacts on the air, land, and water 15 resources of the party states.

16 The Commission shall conduct'such hearings;-

17 require such re po rt s,

studies, evidence and 18 t estimo ny ;

and do what is required by its approved 19 procedures in order to identify a party state as a

20 host state for a needed facility; and 21 (7) in accordance with the procedures and criteria 22 developed pursuant to section (e) (6) of this 23 Article, to designate, by a two-thirds vote, a host 2h state for the establishment of a

needed regional) 25 facility.

The Commission shall not exercise this 26 authority unless the party states have failed to 4

27 volu n.ta rily pursue the development of suchl 28

M GENERAL. ASSEMBLY OF NORTH CAROUNA SESSION 1983 1

fccility.

The cocaiccion shall have the authority

.ch 2

to revoke the membership of a party state that

' j.,

)

3 villfully creates barriers to the siting of a

h needed regional f acility; and 5

(8) to require of and obtain from party

states, 6

eligible states seeking to become party states, and 7

non-party states seeking to become eligible states, 8

data and inf orma tion necessray to the 9

implementation of commission responsibilities; and 10 (9) notwithstanding any other provision of this 11 compact, to enter into agreements with any

person, 12
state, or similar regional body or group of states 13 for the importation of vaste into the region and ih for the right of access to facilities outside the Jy 36 15 region for vaste generated within the region.

Such 16 a utho riza tion to import requires a

two-thirds 17 majority vote of the conmission, including an 18 affirma tive vote of both representatives of the 19 host state in which any affected regional facility 20 is located.

This shall be done only after an 21 assessment of the aff ected facilities' capability 22 to handle such vastes; and 23 (10) to act or appear on behalf of any party state or 2h states, only upon written request of both members 25 of the Commission for such state or states, as an 26 intervenor or party in interest before

Congress, 27 state legislatures, any court of law, or' federal,

..iCaL

. q(

28

-10 Senate Bill 196 s

5

(

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GENERAi. ASSEM51.Y OF NORTH CAROUNA SESSION 1983!

I state or local agenc7, board or. commission which;

,i '

2 has ju risdic tion - over the management of vastes.

3 The authority to act, intervene or otherwise appear h

s hall be exercised by the Commission only after-5 approval by a majority vote of the Commission; and 6

(11)

to revoke the menbership of a party state in 7

accordance vi,th Article VII (f).

8 (f)

The Commission may establish such advisory. committees as '

9 it deems necessary for the purpose of advising the ~ commission on; 10 any an d all matters pertaining to the management of low-level 11 radioactive waste.

12 (g)

The Commission may appoint or contract for and compensate 13 such limited staff necessary to carry out its duties and j.y lb functions.

The sta ff shall serve at the Commission's pleasure.

15 irrespective of the civil service, personnel or other merit laws 16 of any of the party states or the federal government and shall be 17 compensated from funds of the Commission.

In selecting any 18

staff, the Commission shall assure that the staff has adequate 19 experience and fornal training to carry out such functions as may 20 be assigned to it by the Commission. ' If the Commission has a 21 headquarters it shall be in a party state.

22 (h)

Funding for the Commission shall be provided as follows:

23 (1) each eligible state,.upon'becoming a party state,J 2h shall pay twenty-five thousand dollars (525,00.0) to

/

25 the Commission which shall be used for costs of the 26 Commission's services.

('

27 (2) each. state hosting a regional disposal + facility 2e x

GENERAL ASSEMBLY OF NORTH CAROUNA SESSION 1983 1

chall annually lovy.special fees or surchargcc on

.v:

2 all users of such facility, based upon the volume

{p 3

of vastes disposed of at such f acilities, the total b

of which:

5 (a) shall be sufficient to cover the annual budget 6

of the commission; and 7

(b) shall represent the financial commitments of 8

all party states to the Commission; and 9

(c) shall be paid to the Commission, provided, however[ that each host state collecting 10 such 11 fees or surcharges may retain a portion of the 12 collec tion su fficient to cover its 13 administrative costs of collection, and that ih the remainder be sufficient only to cover the f:3 15 approved annual budgets of the Commission.

16 (3)

The Commission shall set and approve its first 17 annual budget as soon as practicable after its 18 initial meeting.

Host states for disposal 19 f acilities shall begin imposition of the special 20 f ees and surcharges provided for in this section as 21 soon as practicable after beco ming party

states, 22 and shall remit to the conmission funds resulting 23 from collection of such special fees and surcharges 2h within 60 days of. their receipt.

25 (i)

The Co mmissi on shall keep accurate accounts of all 26 receipts and disbu rs em en ts.

An independent certified-public 27 accountant shall annually audit all receipts and disbursements of.y

,g 12 Senate Bill.196'

s

<7 GENERAL ASSEMBLY OF NORTH CAROUNA

. SESSION 1983 1

Commission funds, and submit an audit report to the Commission.

T.'

2 Such audit report shall be made a part of the annual report os 3

the Commission required by Article IV (e) (3).

b (j)

The Commission may accept for any of its purposes ans

',j functions any and all do na tion s, grants of

money, equipment, 6

sup plies, materials and services (conditional or otherwise) froa 7

a ny S ta te o r th e United States or any subdivision or agencp 8

thereof, or interstate agency, or f rom any institution, person, y

firm or corporation, and may receive, utilize and dispose of tho 10 same.

The na ture, amount and condition, if any, attendant upon 11 any do na tion or grant accepted pursuant to this paragraph 12 together with the identity of the donor, grantor or lendor, shall 13 be detailed in the annual report of the Commission.

f, r.

1h (k)

The commission shall not be responsible for any costa 15 a ssociated with (1) the creation of any

facility, (2) th@

16 operation of any facility, (3) the stabilization ~and closure of 17 any facility, ( 4) the post-closure observation, and maintance og 18 any

facility, or (5) the extended institutional control, aftee 19 pos t-clos uret observation and maintenance of any facility.

20 (1)

L,s of January 1,

1986, the mana gement of vastes at i

21 regional facilities is restricted to vastes generated within the 22 regio n, and to vastes generated within non-party states whea 23 authorized by the Commission pursuant to the provisions of thie' 2h' c om pa ct.

After January 1, 1986, the Commission may prohibit tho 25 e xportation of vaste from the region for the purposes of 26 management.

^

2?'

(m)

( 1)

The Commission herein established is a legal entit?

t

,e

't

GENERAL ASSEMBLY OF NORfH CAROUNA SESSION 1983

'p csparcto and dictin ct frco tho party

statea,

]

2 capable of acting in its own behalf, and shall be 3

so liable for its actions.

Liabilities of the b

Commission shall not be deemed. liabilities of the g

party states, sembers of the Consission shall not 6

be. personally lia ble for action taken by them in 7

their official capacity.

3 (2)

Except as specifically provided in this compact, 9

nothing in this compact shall be construed to alter 10 the incidence of liability of any kind for any act, 11 omission, course of conduct, or on account of any i

12 causal or other r elationships.

Generators, 13 transporters oi'v4stes, ow ne rs and operators of 1h sites shall be liable for their acts, omissions, 15 e nduct, or relationships in accordance with all 16 laws relating thereto.

17 ARTICLE 7.

Development and operation of facilities 18 (a)

Any party state; which becomes a host state in which a 19 regional facility is operated, shall not be designated by the 20 Com pa ct commission as

'a host state for an additional regional f acility until each party state has fulfilled its obligation, 21 as 22 d et er mine d by the Co mmis sion,

to have a

regional facility 23 operated withit its borders.

2h

( b)

A host ctate desiring to close a regional facility located 25 within its borders may do so only after notifying the commission j

26 in writing of its intention ~ to do so and the reasons therefor.

27 Such notification shall be given to the Commission at least four 2B l

14 i

i ~

g Senate Bill 106 j

' GENERAL ASSEMBLY OF NORTH CAROUNA

. SESSION 1982 1

years prior to the intended date of closure.

Notwithstanding tho 2

four year notice requirement herein provided, a host state is nog l 3

prevented from closing its facility or establishing conditions of b

use and operations as necessary for the protection of the health 3

and safety of its citizens.

A host state may terminate or limit 6

access to its regional facility if it det er mines Congress has!

7 materially altered the conditions of this com pact.

8 (c)

Each party state designated as a host state for a regional 9

f acility shall take appropriate steps to ensure that an 10 application for a license to construct and operate a f acility of 11 the designated type is filed with and issued by the appropriate 12 authority.

13 (d)

No party state shall have any forn of arbitrary j,',

lh prohibition on the treatment, sto rage or disposal of low-level lg radioactive vaste within its borders.

16 ARTICLE VI.

Other laws and regulations 17 (a)

Nothing in this compact shall be construed to:

18 (1) abroga te or limit the applicability of any act of 19 Congress or diminish or o therwise impair thel 20 j urisdiction of any federal agency-expressly l 21 conf erred thereon by the Congress; 22 (2) abrogate or limit the regulatory responsibility and; 23 authority of the U.S. Nuclear Regulatory Commission; 2h or of an agreement state under ~section 274 of the:

25 Atomic Ener97 Act of 1954 in which a

regional:

26 facility is located; 27 (3).

make inapplicable to any person or circumstance any:

a m__m mm -

m GENERAL ASSEMBLY OF NORTH CAROUNA SESSION 1983 1

other inv of a

part y etato which is not

.-n 2

inconsistent with this compact;

'Q 3

(4) make unla wf ul the continu ed developnent and b

o peration of any fa cility already licensed for 5

development or operation on the date this compact 6

becomes effective, except that any such facility 7

shall comply with Article III,

Article IV and 8

Article V and shall be subj ect to any action 9

lawfully taken pursuant thereto; 10 (5) prohibit any storage or treatment of waste by the 11 generator o'n its own premises; 12 (6) affect any judicial or administrative oroceeding 13 pending on the ef fective date of this compact; lh (7) alte r the relations between, and the respective

'3

,i 15 internal responsibilities of, the governnent of a

16 party state and its subdivisions; 17 (8) affect the generation, treatment, storage or 18 disposal of vaste generated by the atomic. energy 19 defense activities of the Secretary of the U.S.

20 Departnent of Energy or federal research and 21 developnent activities as defined in P.L.96-573; 22 (9) a ffect the rights and powers of any party state and 23 its political subdivisions to regulate and license 2h any fa cility within its borders or to affect the q

i 25 rights and powers of any party state and its 26 Political subdivisions to tar or impose fees on the 27 waste managed at any - facility within its borders.

28 16 Senate Bill 196 j

g

(

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GENERAL ASSEMBLY OF NORTH CAR 0dNA SESSION 1983{

l (b)

No party state shall pass an7 law or adopt any regulation "f.N.

2 which is inconsistent with this co= pact.

To do so may jeopardize 3

the sembership status of the party state.

h (c)

U po n f ormati on of the compact no law or regulation of a-3 party state or of any sub-division or instrumentality thereof may 6

be applied so as to restrict or =ake more inconvenient access to 7

any regional f acility by the generators of another party state g

than for the generators of the state where the facility is' 9

situated.

10 (d)

Restrictions of waste management of regional facilities 11 pursuant to Article IV (1) shall be enforceable as a

satter of 12 state law.

13 ARTICLE VII.

Eligible parties,. withdrawal, revocation, ent:7 Li-}.

Ih into force, termination 15 (a)

This compact shall have as initially eligible parties the 16 States of Alabama, Florida, Georgia, Mississippi, North Carolint, 17 Sou th Carolina, Tennessee and Virginia.

16 (b)

Any state not expressly declared eligible to become a 19 Party state to this compact in section (a) of this Article may 20 petition the Commission, once consti~uted, to be declared t

21 eligible.

The Commission may establish such conditions as it 22 deems necessary and appropriate to be met by a state wishing to 23 become eligible to become a party state -to this compact pursuant 2h to the provisions of this section.

Upon satisfactorily meeting,

I 23 such conditions and upon the affirmative vote of. two-thirds of 26 the Commission, including the affirma tive vote of both d. 27 representatives of a host state in which any a fected regional

~

26

U GENERAi. ASSEMBLY OF NORTH CAROUNA SESSION 1983 1

facility in located, the patitioning stcto shall bo eligible to 2

become a party state to this compact and may become a party state 5

3 in the same manner as those states declared eligible in section b

( a) o f this Article, g

(c)

Each state eligible to become a party state upon enactment 6

of this compact into law by the state and upon pa yment of the fees required by Article IV (h ) ( 1).

The Commission shall be the 7

g judge of the qualifications of the party states an d of its 9

members and of their compliance with the conditions and 10 requirements of this compact and the laws of the party states 11 relating to the enactment of this compact.

12 (d)

(1)

The first three st'ates eligible to becone party 13 states to this compact which enact this compact 3

into law and a pp ropriate the fees required by 15 Article IV (h) (1) sh all immediately, upon the 16 appointment of their commission members, constitute 17 themselves as the 59utheast Low-Level Radioactive 18 waste aanagement commission, shall cause 19 legislation to be introduced in the Congress which 20 grants the consent of the Co'ngress to this compact, 21 and shall do those things necessary to organize the 22 Commission and implement the provisions of this 23 compact.

2h (2)

All succeeding states eligible to become party gg states to this com pa ct shall be declared party 26 states pursuant to the provisions of section (c) of 27 this Article.

kk..

g u.

18 Senate Bi.11 196

(

GENERAi. ASSEMBl.Y OF NORTH CAROUNA

. SESSION 1983 1

(3)

The consent of the Congress shall be required for iF' 2

full implementation of this compact.

The 3

provisions of Article 7,

section (d) shall not h

become ef fective until the ef fective date of the 5

import ban authorized by Article IV, section (1) as 6

a pproved by Congress.

The Congress may by lav 7

withdraw its consent only every five years.

8 (e)

No state which h olds membership in any other regional 9

compact for the management of low-level radioactive vaste may be 10 considered by thn Compact commission for eligible state status or 11 party sta te status.

12

( f)

Any party state which f ails to comply with the provisions 13 of this compact or to fulfill the obligations incurred by

..lec 1h b ec oming a

pa rty state to this compact may be subject to 15 sanctions by the commission, including suspension of its rights 16 under this compact and revocation of its status as a party state.

17 Any sanction shall be imposed only on the affirmative vote of at 18 least two-thirds of the Commission members.

Revocation of party 19 state status may take effect on the date of the meeting at which 20 the Commission approves the resolution imposing such sanction, 21 but in no event shall revocation take effect later than 90 days 22 from the date of such meeting.

Rights and obligations incurred 23 by bein g declared a party state to this compact shall continue' 2h until the eff ective date of the sanction imposed or as provided 25 in the resolution of the Commission imposing the sanction.

26 The Commission shall, as soon as practicable after the meeting

- e*%

  • 5 27 at which a ror.olu tion revoking status as a

pa rt y state is 28

GENERAi. ASSEMBLY OF NORTH CAROUNA SESSION 1983 1

approvsd, provido writton notics of ' tho action along with a copy

[q 2

of the resolution to the governors, the Presidents of the i

3 Senates, and the Speakers of the Houses of Representatives of the i

h party states, as well as chairmen of the appropriate committees 5

of the Congress.

6 (g)

Any party state may withdraw from this compact by enacting 7

a law repealing the compact, provided that if a regional facility 8

is located within such state, such regional facility shall remain 9

available to the region for four years after the date the 10 Comnission receives notification in writing from the governor of 11 such p arty state of the rescission of the compact.

The 12 Commission, upon receipt of the notification, shall as soon as 13 practicable provide copies of such notification to the governors, lh the Presidents of the Senates, and the Speakers of the Houses of

.y 15 Representatives of the party states as well as the ch airnen of 16 the appropriate committees of the Congress.

17 (h)

Thrs compact may be terminated only by the affirmative 18 action of the Congress or by the rescission of all laws enacting 19 the compact in.each party state.

20 ARTICLE VIII.

Penalties 21

( a-)

Each party

state, consistently with its own law, shall 22 p re sc ri be and enforce pe naltie s against any person not an 23 official of another stLte for violation of any provision of this 2h compact.

25 (b)

Each party state acknowledges that the receipt by a host 26 state of waste packaged or transported in violation of applicable 27 laws and regulations can result in imposition of sanctions by the p.M

-Q.

26 20 Senate Bill.196

--( -

3 g

s

~

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GENERAi. ASSEMSt.Y OF NORTH CAROUNA.

.S8S5f0N 1985 1

host state which may include suspension or revocation of the J

2 violator's right of access to.the f acility in the host state.

3 1RTICLE II.

Severability and construction L

The provisio ns of this compact shall be severable and if any g

phrase, clause, sentence or provision of this compact is declared' 6

by a

court of competent jurisdiction to be contrary to the 7

Constitution of any participating state or of the United States 3

or the applicability thereof to any government, ' agency, person or 9

circumstance is held invalid, the validity of the remainder of 10 this compact and the applicability the reof to-any other 11 government, agency, person or circumstance shall not be affected 12 thereby.

If any provision of this compact shall be held contrary 13 to the Constitu tion of an y state participating t he rein,

the lh compact shall remain in f ull force and effect as to the state-

" ?-

15 affected as to all severable matters.

The provisions of this 16 compact shall be liberally construed-to give effect to the 17 purposes thereo f."

18 Sec. 2.

Chapter 104F of the General Statutes is amended,

19 by adding two new sections to read:

20 "4

104 F-2.

Appointment of members to the Southeast Interstate 21 Low-Level Radioactive Waste Management Commission.--The Governor 22 shall appoint two members to the Southeast Interstate. Low-Level 23 Radioactive Waste Management Commission as established by Articld 2h IV of t he compact.

Members shall serve at the pleasure of the 25 Governor.

The Governor may appoint an alternate for each member:

26 who may serve at and for such time as each regular member shall 4

. :."dS 27 designate and who shall have the same power and authority as.

the:

y

..m

.GENESAi. ASSEMBLY OF NORTH CAROUNA SESSION 1983 1

regular acabar when so s rving.

2 "5

10 4F-3.

Viola ti on a

mi sd em ea no r. -Viola tio n of the 3

provisions of this compact by any person not an official of 9

L another state is a misdemeanor. "

3 Sec. 3.

This act is effective upon ratification.

6 7

8

~

9 10 11 12-13 1h 3y 15 16 17 18 19 20 21 22 23 2h 25 26 28 22 Senate Bill 196

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 83 P" 11. m s BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

)

)

CAROLINA POWER & LIGHT COMPANY )

AND NORTH CAROLINA EASTERN

)

MUNICIPAL POWER AGENCY

)

Docket Nos. 50-400 OL

)

50-401 OL (Shearon Harris Nuclear Power

)

Plant, Units 1 and 2)

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Interrogatories And Request For Production of Documents To-Intervenor Wells Eddleman (Third Set)" were served this 7th day of April, 1983, by deposit in the U.S. mail, first class, postage prepaid, to the parties on the attached Service List.

t i '/r D (4 )n Joh

'H.

O'Neill, Ur.

)

\\

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

)

)

CAROLINA POWER & LIGHT COMPANY

)

Docket Nos. 50-400 OL AND NORTH CAROLINA EASTERN

)

50-401 OL MUNICIPAL POWER AGENCY

)

)

(Shearon Harris Nuclear Power

)

Plant, Units 1 and 2)

)

SERVICE LIST Jees L. Kelley, Esquire John D. Runkle, Esquire Atcrnic Safety and Licensing Board Conservation Council of North Carolina U.S. Nuclear Regulatory Cr==iesion 307 Granville Road Washington, D.C.

20555 Chapel Hill, North Carolina 27514 Mr. Glenn O. Bright M. Travis Payne, M'i'1t Atanic Safety and Li==ig Board Edelstein and Payne U.S. Nuclear Regulatory Ccxamission P.O. Box 12643 Washington, D.C.

20555 Raleigh, North Carolina 27605 Dr. Janes H. Carpaier Dr. Richard D. Wi1 ann Atcmic Safety and Lie =neiN Board 729 Bunter Street U.S. Nw' lear Regulatory Ccmnission Apex, North Carolina 27502 Washington, D.C.

20555 Mr. Wells Eddleman Charles A. Barth, Esquire 718-A Iredell Street Myron Karman, Esquire Durhan, North Carolina 27705 Office of Executive Iagal Director U.S. Nuclear Recfilatory Cewm4=sion Ms. Patricia T. Newman Washington, D.C.

20555 Mr. Slater E. Newman Citizens Against Nuclear Power Docketing and Service Section 2309 Weyneuth Court Office of the Secretary Raleigh, North Carolina 27612 U.S. Nuclear Regulatory Ccmnission Washington, D.C.

20555 Richard E. Jones, Esquire Vice President & Senior Counsel Mr. Daniel F. Read, President Carolina Power & Light Ccmpany Chapel Hill Anti-Nuclear Group Effort P.O. Box 1551 P.O. Box 524 Raleigh, North Carolina 27602 Chapel Hill, North Carclina 27514 Dr. Phyllis Lotchin 108 Bridle Run Chapel Hill, Ncrth Carolina 27514

p-Ceborah Greenblatt, Esquire 1634 Crest Road Raleigh, North Carolira 27606 Bradley W. Jones, Esquire U.S. Nuclear Regulatory C 4== ion Region II-101 Marrietta Street Atlanta, Georgia 30303 Ruthanne G. Miller, Esquire Atcmic Safety and Licensing Board Panel U.S. Nuclear Regulatory C 4==icn j

W m, D.C.

20555 Karen E.

Long, Esq.

Staff Attorney Public Staff - NCUC P.O. Box 991 Raleigh, North Ca'rolina 27602.

i

.i 1

I me 4

+-,

  • O l