ML20084K784
| ML20084K784 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 05/08/1984 |
| From: | Warriner G CAROLINA POWER & LIGHT CO. |
| To: | |
| Shared Package | |
| ML20084K435 | List: |
| References | |
| OL, NUDOCS 8405140188 | |
| Download: ML20084K784 (35) | |
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,h'[C0 t , UNITED STATES OF AMERICA I , NUCLEAR REGULATORY COMMISSION 1
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g MY17 Aii:17 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD '/9 3 r. ,lcey,.
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In the Matter of .
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CAROLINA POWER & LIGHT COMPAWI )
AND NORTH CAROLINA EASTERN ) Docket-Wos. 50-400 OL MUNICIPAL POWER AGENCY ) 50-401 OL
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,.(Shearon Harris Nuclear Power )
- ' ' Plant, Units 1 and 2) )
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AFFIDAVIT OF GEORGE H. WARRINER I
County of Wake + t s '
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State of North Carolina :
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GEORGE'H. WARRiNER,'being duly sworn according to law, de-poses and says as follows: .
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- 1. My name is George H. Warriner. My business address is Harris Energy and Environmental Center, Route 1, New Hill, s, i s North Carolina.27562. I am employed by Carolina Power & Light Company ("CP&L") as ' Principal Specialist-Environmental. I have kse'rved'inithiscapacity.sinceDecember, 1979. A description of i i my professional experience and qualifications is attached
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- 2. I make this affidavit in support of " Applicants' Motion for Summary Dispositi'en of' Eddle. nan 67 (Solid Waste r
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- Disposal)." I have personal knowledge of the matters stated herein and believe them to be true and correct.
- 3. The Southeast Interstate Low-Level Radioactive Waste Management Compact (the " Compact") was established pursuant to the Low Level Radioactive Waste Policy Act of 1980 which requires each state to assume the primary responsibility for disposal of the low-level wastes generated within its borders.
- 4. The Compact has been adopted by the legislatures and signed into law by the governors of each of the eight member states (the member states are Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee and Vir-ginia). A copy of the Compact is attached hereto as Exhibit B.
- 5. The Compact was introduced for consent by Congress on August 3, 1983. It is expected that Congress will consent to the Compact.
- 6. Accordingly, Compact activities are proceeding so as to ensure timely implementation of the Compact after Congres-sional consent. A few examples of these Compact-related activities are:
- a. The Southeast Compact Commission has been con- ,
stituted, pursuant to Article 4 of the Compact. The Com-i t
mission has conducted frequent meetings since July 21, 1983; i
- b. The Commission has begun the process of selecting an executive director. Over three hundred ap-plications have been received and a final selection will l
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. be made at _the Commission meeting scheduled for June 12, 1994; ,
- c. In recognition of the Compact requirement that a ,
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regional disposal facility other than the facility cur-rently,opyrating in Barnwell County, South Carolina be
' licensed and ready t'o operate before the end of 1991, the .
Commission has formed 1.a. host state identification commit- f
' tee for~the purpose of developing criteria for identifying ;
r a host state for the ne'xt disposal facility. -See Article 4(E)(6) of the Compact; }
. d. A Technical Advisory Committe'e consisting of two !
i delegates from each member state has been formed'. The Technical Advisory Committee is' charged with developing a Request-for-Proposal by the end of May, 1584-te perferm a state ~by. state survey of. Compact members to determine (a)
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the capac,ity,of shallow landfill burial, temporary, storage or.incLnerigionfacilitiesneededbyeachstateand(b) the areas of;the"seven stat 3s other than South Carolina that mayrbe usable for any of the three types of facili-ties. (SouthiCarolina has fulfilled.its initial obliga- ,
- 1 tion by hosting the Barnwell facility.) <
- 7. CP&L currently disposes of'Jwastes generated at its H.B. Robinson and Brunswick nuclear plants at the Barnwell facility. CP&L plans to dispose of,the wastes initially gener-ated at the Margis-plant at that same facility. Because North Carolina is a membe,r of the Southeast Compact, CP&L is assured s.-
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. of being able to continue to use the Barnwell facility after I i
the Compact presently pending before Congress'is ratified. It j has been' determined that Barnwell has sufficient capacity to continue'to accept low-level wastes through 1992, as provided ;
in the Compact. Beginning in 1992, CP&L plans to dispose of r t
Harris low-level wastes at the next regional disposal facility provided pursuant to the Compact.
- 8. Although it is expected that low-level waste disposal r
will be resolved on a regional basis by compacts between
- states,2 North Carolina- has -enacted legislation that will allow j 4
i the state to proceed independently to accommodate the need of j North Carolina's industries for low-level waste disposal facil-i ities. An Act creating the Governor's Waste Management Board '
has been ig effect since 1981. This legislation will allow !
North Carolina to move expeditiously to implement its own plan in the unlikely event that Congress fails to ratify the Com- [
pact. CP&L will support initiatives by the Governor's Waste l Management Board to develop a low-level waste shallow landfill 1 ,
disposal facility in North Carolina.
- 9. Thus, CP&L believes that there is reasonable assur- !
l ance of adequate available low-level waste disposal capacity I I
pursuant to the agreement reached among the eight states in the i i
Southeast Compact, or in the alternative, as would be provided !
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.by.the State of North Carolina. If for some unforeseeable rea-son CP&L is unable to obtain access to a low-level waste dis- I posal facility for any period of time, CP&L will implement an P
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appropriate contingency plan for on-site storage of low-level wastes. As shown below, the Harris plant site has adequate storage facilities to enable CP&L to carry out such a contin-gency plan.
- 10. The expected annual generation rate of solid low-level wastes for one unit of the Harris Plant is:
Tvoe of Waste No. of 55 Gallon Drums Solidified spent resins 425 Evaporator bottoms 254 Filter particulates 540 Compressed DAW 500
-Chemical drains 38 1,757
- 11. The Waste Processing Building (elevation 261 feet) at the Harris site is designed to hold 1,020 55 gallon drums of solid wastes. Thus the Harris plant currently has dedicated storage space for approximately seven months' generation of t
solid waste products.
- 12. The Waste Processing Building also contains an empty drum storage area approximately equal to the area designated for storage of drums filled with solid wastes. These empty drums can be' stored outside the building rather than inside the building. If the empty drums are removed from the building, that space will be available for storage of drums filled with low-level wastes, thus doubling the storage capacity of the Waste Processing Building.
- 13. In addition, it should be noted that the Waste Pro-cessing Building was designed to accommodate a four-unit
a nuclear power plant. .Because CP&L has elected to construct l only one unit, additional space in the Waste Processing Build-ing readily can be designated for storage of low-le +1 wastes generated at Unit 1. The estimated additional capacity avail-t able on each elevation is set forth below:
Elevation Estimated Capacity 211 feet 2,022 drums 236 feet 3.510 drums ,
5,532 drums {
14 . . These numbers were determined by summing the areas of the undesignated accessible spaces on each elevation and i
dividing by the area of the drum storage space. This factor multiplied by 1020 (drum capacity of drum storage area) gives the available capacity. A total capacity of 7,572 drums (including the 2,040 drums on the 261-foot elevation) would provide storage space for 4.3 years. The Waste Processing Building is seismically designed, and has a complete HVAC sys-tem, drains and access to process equipment. Thus, this method of storage will satisfy all present Nuclear Regulatory Commis-sion requirements for low-level waste storage.
- 15. The availability of over four years of storage capaci-ty would enable CP&L to pursue other options, if necessary, for ,
I disposal of low-level radioactive wastes, i.e., to construct 1
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additional on-site stiorage or to await the opening of another
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burial site. This provides assurance v. hat CP&L can make ade-quate provisions for safe disposal of all low-level wastes gen-orated by the Harris plant. .
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@tu.9-G.M. Wa'riiner l Subscribed and sworn to before me / 'j#g \'18 f)d 7
this Si day of May, 1984 ,/,' 3
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EXHIBIT A GEORGE H. WARRINER Principal Specialist - Environmental Born June 29, 1949 Education and Training B.S. degree in Chemistry, University of Illinois, Chicago, Illinois (1971)
Professional Societies American Nuclear Society ANS Eastern Section AIF Subcommittee on Radiological Effluent Technical Specifications AIF Subcommittee on Solidification of Low-Level Reactor Radwaste
- EEI - Low-Level Waste Task Group Experience .
December 1971 to June 1978 -- General Electric Company, San Jose, California (2 1/2 years on site at Brunswick Plant).
June 1978 -- Senior Generation Specialist, Generation Section, Generation Department, General Office, Raleigh, North Carolina.
May 1979 -- Senior Specialist, Chemistry, Generation Services, HE&EC Section, Generation Department, General Office, Raleigh, North Carolina.
I December 1979 -- Project Specialist, Environmental, Environmental & Radiation Control Section, Nuclear Operations Department, Harris Energy & Environmental Center, New Hill, North Carolina.
December 1980 -- Principal Specialist, Environmental, Environmental & Radiation Control Section, Tech- ;
nical Services Department, Harris Energy & Environ-mental Center, New Hill, North Carolina.
February 1982 -- Principal Specialist, Environmental, Radiological & Chemical Support section, Technical Services Department, Harris Energy & Environmental Center, New Hill, North Carolina.
August 1983 -- Principal Specialist, Environmental, Radiological & Chemical Support Section, Operations Training & Technical Services Department, Harris 5 Energy & Environmental Center, New Hill, North -
Carolina.
EXHIBIT B 2
1 "SOUTIEAST INTERSTATE LOW-LEVEL RADIO-ACTIVE WASTE MANAGE 3ENT COMPACT 2
3 " ARTICLE 1 ,
4 " POLICY AND PURPOSE 5 "There is hereby created the Southeast Interstate Low-6 Level Radioactive Waste Management Compact. The party 7 states recognize and declare that each state is responsible for 8 providing for the availability of capacity either within or out- ,
9 side the state for disposal of low-level radioactive waste gen-10 erated within its borders, except for waste generated as a l 11 result of defense activities of the federal government or feder-f 12 al research and development activities. They also recognize 13 that the management of low-level radioactive waste is han- l 14 died most efficiently on a regional basis. The party states 15 further recognize that the Congress of the United States, by 16 enacting the Low-Level Radioactive Waste Policy Act 17 (Public Law 96-573), has provided for and encouraged the -
18 development of low-level radioactive waste compacts as a 19 tool for disposal of such waste. The party states recognize 20 that the safe and efficient management of low-level radioac-21 tive waste generated within the region requires that sufficient 22 capacity to dispose of such waste be properly provided.
23 "It is the policy of the party states to: enter into a re-24 gional low-level radioactive waste management compact for 25 the purpose of providing the instrument and 'mework for a S 1749 IS
3 1 cooperative effort; provide sufficient facilities for the proper 2 management of low-level radioactive waste generated in the 3 region; promote the health and safety of the region; limit the 4 number of facilities required to effectively and efficiently 5 manage low-level radioactive waste generated in the region; 6 encourage the reduction of the amounts of low-level waste 7 generated in the region; distribute the costs, benefits, and 8 obligations of successfullow-level radioactive waste manage-9 ment equitably among the party states; and ensure the eco-10 logical and economical management of low-level radioactive 11 wastes.
12 " Implicit in the congressional consent to this compact is 13 the expectation by Congress and the party states that the 14 appropriate federal agencies will actively assist the Compact 15 Commission and the individual party states to this compact 16 by:
17 "(1) expeditious enforcement of federal rules, reg-18 ulations, and laws; 19 "(2) imposing sanctions against those found to be 20 in violation of federal rules, regulations, and laws; 21 "(3) timely inspection of their licensees to deter-22 mine their capability to adhere to such rules, regula-23 tions, and laws; and l
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4 1 "(4) timely provision of technical assistance to this .
2 compact in carrying out their obligations under the 3 Low-Level Radioactive Waste Policy Act, as amended.
4 " ARTICLE 2 5 " DEFINITIONS l t
6 "As used in this compact, unless the context clearly re-7 quires a different construction: ,
8 "(1) ' Commission' or ' Compact Commission' 9 means the Southeast Interstate Low-Level Radioactive ,
10 Waste Management Commission.
11 "(2) ' Facility' means a parcel of land, together 12 with the structure, equipment, and improvements 13 thereon or appurtenant thereto, which is used or is 14 being developed for the treatment, storage, or disposal 15 of low-level radioactive waste.
16 "(3) ' Generator' means any person who produces 17 or processes low-level radioactive waste in the course 18- of, or as an incident to, manufacturing, power genera-19 tion, processing, medical diagnosis and treatment, re-20 search, or other industrial or commercial activity. This 21 does not include persons who provide a service to gen-22 erators by arranging for the collection, transportation, 23 storage, or disposal of wastes with respect to such 24 waste generated outside the region.
5 1 "(4) 'High-level waste' means irradiated reactor 2 fuel, liquid wastes from reprocessing irradiated reactor 3 fuel, and solids into which such liquid wastes have 4 been converted, and other high-level radioactive waste 5 as defined by the U.S. Nuclear Regulatory Commis-6 sion.
7 "(5) ' Host state' means any state in ivhich a re-8 gional facility is situated or is being developed.
9 "(6) ' Low-level radioactive waste' or ' waste' 10 means radioactive waste not classified as high-level ra-11 dioactive waste, transuranic waste, spent nuclear fuel, 12 or by-product material as defined in Section 11e. of the 13 Atomic Energy Act of -1954, or as may be further de-14- fined by federal law or regulation.
15 "(7) ' Party state' means any state which is a sig-16 natory party to this compact.
17 "(8) ' Person' means any individual, corporation, 18 business enterprise, or other legal entity (either public 19 or private).
20 "(9) ' Region' means the collective party states.
21 "(10) ' Regional facility' means (1) a facility as de-22 fined in this article which has been designated, author-23 ized, accepted, or approved by the Commission to re-24 ceive waste or (2) the disposal facility in Barnwell 25 County, South Carolina, owned by the State of South eamue
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1 Carolina and as licensed for the burial of low-level ra-2 dioactive waste on July 1,1982, but in no event shall 3 this disposal facility serve as a regional facility beyond 9
4 December 31,1992.
5 "(11) ' State' means a state of the United States, 6 the District of Columbia, the Commonwealth of Puerto 7 Rico, the Virgin Islands, or any other territorial pos-8 session of the United States.
9 "(12) ' Transuranic wastes' means waste material 10 containing transuranic elements with contamination 11 levels as determined by the regulations of (1) the U.S.
12 Nuclear Regulatory Commission or (2) any host state, 13 if it is an agreement state under section 274 of the 14 Atomic Energy Act of 1954.
15 "(13) ' Waste management' means the storage, 16 treatment, or disposal or waste.
17 " ARTICLE 3 18 " RIGHTS AND OBLIGATIONS 19 "The rights granted to the party states by this compact 20 are additional to the rights enjoyed by sovereign states, and 21 nothing in this compact shall be construed to infringe upon, 22 limit, or abridge those rights.
23 "(A) Subject to any license issued by the U.S. Nuclear 24 Regulatory Commission or a host state, each party state shall 25 have the right to have all wastes generated within its borders
7 1 stored, tre ated, or disposed of, as applicable, at regional facil-2 ities and, additionally, shall have the right of access to facili-3 ties made available to the region through agreements entered 4 into by the Commission pursuant to Article 4(E)(9). The right 5 of access by a generator within a party state to any regional 6 facility is limited by its adherence to applicable state and fed-7 erallaw and regulation.
8 "(B) If no operating regional facility is located within 9 the borders of a party state and the waste generated within 10 its borders must therefore be stored, treated, or disposed of at 11 a regional facility in another party state, the party state with-12 out such facilities may be required by the host state or states 13 to establish a mechanism which provides compensation for 14 access to the regional facility according to terms and condi-15 'tions established by the host state or states and approved by
~16 a two-thirds vote of the Commission.
17 "(C) Each party state must establish the capability to 18 regulate, license, and ensure the maintenance and extended 19 care of any facility within its borders. Host states are respon-20 sible for the availability, the subsequent post-closure observa-21 tion and maintenance, and the extended institutional control 22 of their regional facilities in accordance with the provisions of 23 Article 5(B).
24 "(D) Each party state must establish the capability to 25 enforce any applicable federal or state laws and regulations
8 1 pertaining to the packaging and transportation of waste gen-2 erated within or passing through its borders.
3 "(E) Each party state must provide to the Commission 4 on an annual basis any data and information necessary to the 5 implementation of the Commission's responsibilities. Each 6 party state shall establish the capability to obtain any data 7 and information necessary to meet its obligations.
8 "(F) Each party state must, to the extent authorized by 9 federal law, require generators within its borders to use the 10 best availdle waste management technologies and practices 11 to minimize the volumes of waste requiring disposal.
. 12 " ARTICLE 4 13 "THE COSDIIS'SION 14 "(A) There is hereby created the Southeast Interstate 15 Low-Level Radioactive Waste Management Commission 16 (' Commission' or ' Compact Commission'). The Commission 17 shall consist of two voting members from each party state to 18 be appointed according to the laws of each state. The ap-19 pointing authorities of each state must notify the Commission 20 in writing of the identity of its members and any alternates.
21 An alternate may act on behalf of the member only in the 22 member's absence.
23 "(B) Each Commission member is entitled to one vote.
24 No action of the Conunission shall be binding unless a major-25 ity of the ' total membership cast their vote in the affirmative, 92R - _
9 1 or unless a greater than majority vote is specifically required 2 by any other provision of this compact.
3 "(C) The Commission must elect from among its mem-4 bers a presiding officer. The Commission shall adopt and pub-5 lish, in convenient form, bylaws which are consistent with ,
6 this compact.
7 "(D) The Commission must meet at least once a year 8 and also meet upon the call of the presiding officer, by peti-9 tion of a majority of the party states, or upon the call of a 10 host state. All meetings of the Commission must be open to 11 the public.
12 "(E) The Commission has the following duties and 13 powers:
14 "(1) To receive and approve the application of a 15 nonparty state to become an eligible state in accord-16 ance with the provisions of Article 7(B).
17 "(2) To receive and approve the application of a
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18 nonparty state to become an eligible state in accord-19 ance with the provisions of Article 7(C).
20 "(3) To submit an annual report and other com-21 munications to the Governors and to the presiding offi-22 cer of each body of the legislature of the party states 23 regarding the activities of the Commission.
24 "(4) To develop and use procedures for determin-25 ing, consistent with consideration for public health and S 1749 IS--2
10 1 safety, the type and number of regional facilities which 2 are presently necessary and which are projected to be 3 necessary to manage waste generated. within the 4 region.
5 "(5) To provide the party states with reference 6 guidelines for establishing the criteria and procedures 7 for evaluating alternative locations for emergency or 8 permanent regional facilities.
9 "(6) To develop and adopt, within one year after 10 the Commission is constituted as provided in Article 11 7(D) procedures and criteria for identifying a party 12 state as a host state for a regional facility as deter-13 mined pursuant to the requirements of this article. In 14 accordance with these procedures and criteria, the 15 Commission shall identify a host state for the develop-16 ment of a second regional disposal facility within three 17 years after the Commission is constituted as provided 18 for in Article 7(D), and shall seek to ensure that such 19 facility is licensed and ready to operate as soon as re-20 quired but in no event later than 1991.
21 "In developing criteria, the Commission must 22 consider the following: the health, safety, and welfare 23 of the citizens of the party states; the existence of re-24 gional facilities within each party state; the minimiza-25 tion of waste transportation; the volume and types of
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11 1 wastes generated within each party state; and the en-
. 2 vironmental, economic, and ecological impacts on the 3 air, land, and water resources of the party states.
4- "The Commission shall conduct such hearings, re-5 quire such reports, studies, evidence, and testimony, 6 and do what is required by its approved procedures in 7 order to identify a party state as a host state for a 8 needed facility. -
9 "(7) In accordance with the procedures and crite-10 ria developed pursuant to Section (E)(6) of this Article, 11 to designate, by a two-thirds vote, a host state for the 12 establishment of a needed regional facility. The Com-13 mission shall not exercise this authority unless the 14 party states have failed to voluntarily pursue the devel-15 opment of such facility. The Commission shall have the 16 authority to revoke the membership of a party state 17 that willfully creates barriers to the sitting of a needed 18 regional facility.
19 (8) To require of and obtain from party states, eli-20 gible states seeking to become party states, and non-21 party states seeking to become eligible states, data and 22 information necessary to the implementation of Com-23 mission responsibilities.
24 ."(9) Notwithstanding any other provision of this compact, to enter into agreements with any person, 25 c - usun
12 1 state, or similar regional body or group of states for 2 the importation of waste into the region and for the 3 right of access to facilities outside the region for waste 4 generated within the region. The authorization to 5 import requires a two-thirds majority vote of the Com-6 mission, including an affirmative vote of both repre-7 sentatives of a host state in which any affected region-8 al facility is located. This shall be done only after an 9 assessment of the affected facility's capability to handle 10 such wastes.
11 "(10) To act or appear on behalf of any party 12 state or states, only upon written request of both mem-13 bers of the Commission for such state or states as an 14 intervenor or party in interest before Congress, state 15 legislatures, any court of law, or any federal, state, or 16 local agency, board, or commission which has jurisdic-17 tion over the management of wastes. The authority to ,
18 act, intervene, or otherwise appear shall be exercised ,
19 by the Commission, only after approval by a majority 20 vote of the Commission.
21 "(11) To revoke the membership of a party state 22 in accordance with Article 7(F).
23 "(F) The Commission may establish any advisory com-r 24 mittees as it deems necessa'ry for the purpose of advising the
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1 Commission on any matters pertaining to the management of 2 low-level radioactive waste.
3 "(G) The Commission may appoint or contract for and 4 compensate such limited staff necessary to carry out its 5 duties and functions. The staff shall serve at the Commis-6 sion's pleasure irrespective of the civil service, personnel, or 7 other merit laws of any of the party states or the federal 8 government and shall be compensated from funds of the 9 Commission. In selecting any staff, the Commission shall 10 assure that the staff has adequate experience and formal ,
11 training to carry out such functions as may be assigned to it 12 by the Commission. If the Commission has a headquarters it 13 shall be in a party state.
14 "(H) Funding for the Commission must be provided as 15 ~follows:
16 "(1) Each eligible state, upon becoming a party 17 state, shall pay twenty-five thousand dollars to the 18 Commission which shall be used for costs of the Com-19 mission's senices.
20 "(2) Each state hosting a regional disposal facility 21 shall annually levy special fees or surcharges on all 22 users of such facility, based upon the volume of wastes 23 disposed of at such facilities, the total of which:
24 "(a) must be sufficient to cover the annual
- 25 budget of the Commission; usue
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14 1 "(b) must represent the financial commit-2 ments of all party states to the Commission; and 3 "(c) must be paid to the Commission; 4 Provided, however, That each host state collecting such 5 fees or surcharges may retain a portion of the collec-6 tion sufficient to cover its administrative costs of col-7 lection and that the remainder be sufficient only to 8 cover the approved annual budgets of the Commission.
4 9 "(3) The Commission must set ~ and approve its i 10 first annual budget as soon as practicable after its ini-11 tial meeting. Host states for disposal facilities must 12 begin imposition of the special fees and surcharges pro-13 vided for in this section as soon as practicable after be-14 coming party states and must remit to the Commission 15 funds resulting from collection of such special fees and 16 surcharges within sixty days of their receipt.
17 "(I) The Commission must keep accurate accounts of all 18 receipts and disbursements. An independent certified public 19 accountant shall annually audit all receipts and disburse-20 ments of Commission funds and submit an audit report to the i
21 Commission. The audit report shall be made a part of the 22 annual report of the Commission required by Article 4(E)(3). ,
23 "(J) The Commission may accept for any of its purposes 24 and functions any and all donations, grants of money, equip-25 ment, supplies, materials, and services (conditional or other-eunus --
15 1 wise) from any state, or the United States, or any subdivision 2 or agency thereof, or interstate agency, or from any institu-3 tion, person, firm, or corporation, and may receive, utilize,
. 4 and dispose of the same. The nature, amount, and condition, 5 if any, attendant upon any donation or grant accepted pursu-6 ant to this section, together with the identity of the donor, 7 grantor, or lender shall be detailed in the annual report to the 8 Commission.
9 "(K) The Commission is not responsible for any costs 10 associated with:
11 "(1) the creation of any facility; 12 "(2) the operation of any facility; 13 "(3) the stabilization and closure of any facility; 14 "(4) the post-closure observation and maintenance 15 of any facility; or 16 "(5) the extended institutional control, after post-17 closure observation and maintenance of any facility.
18 "(L) As of January 1,1986, the management of wastes 19 at regional facilities is restricted to wastes generated within 20 the region, and to wastes generated within nonparty states 21 when authorized by the Commission pursuant to the provi-22 sions of this compact. After January 1,1986, the Commis-23 sion may prohibit the exportation of waste from the region for 24 the purposes of management.
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16 1 "(M)(1) The Commission herein established is a legal 2 entity separate and distinct from the party states capable of 3 acting in its own behalf and is liable for its actions.. Liabilities 4 of the Commission shall not be deemed liabilities of the party 5 states. Members of the Commission shall not personally be 6 liable for action taken by them in their official capacity.
7 "(2) Except as specifically provided in this compact, 8 nothing in this compact shall be construed to alter the inci-9 dence of liability of any kind for any act, omission, course of 10 conduct, or on account of any casual or other relationships.
11 Generators and transporters of wastes and onmers and opera-12 tors of sites shall be liable for their acts, omissions, conduct, 13 or relationships in accordance with all laws relating thereto.
14 " ARTICLE 5 15 " DEVELOPMENT AND OPERATION OF FACILITIES 16 "(A) Any party state which becomes a host state in 17 which a regional facility is operated shall not be designated 18 by the Compact Commission as a host state for an additional 19 regional facility until each party state has fulfilled its obliga-20 tion, as determined by the Commission, to have a regional 21 facility operated within its borders.
22 "(B) A host state desiring to close a regional facility 23 located within its borders may do so only after notifying the 24 Commission in writing of its intention to do so and the rea-l 25 sons therefor. Such notification shall be given to the Commis-
17 1 sion at least four years prior to the intended date of closure.
2 Notwithstanding the four-year notice requirement herein pro-3 vided, a host state is not prevented from closing its facility or 4 establishing conditions of its use and operations as necessary 5 for the protection of the health and safety of its citizens. A 6 host state may terminate or limit access to its regional facili-7 ty if it determines that Congress has materially altered the 8 conditions of this compact.
9 "(C) Each party state designated as a host state for a 10 regional facility shall take appropriate steps to ensure that an 11 application for a license to construct and operate a facility of 12 the designated type is filed with and issued by the appropri-13 ate authority.
14 "(D) No party state shall have any form of arbitrary 15 prohibition on the treatment, storage, or disposal of low-level 16 radioactive waste within its borders.
17 " ARTICLE 6 18 "OTHER LAWS AND REGULATIONS 19 "(A) Nothing in this compact shall be construed to:
20 "(1) Abrogate or limit the applicability of any Act 21 of Congress or diminish or otherwise impair the juris-22 diction of any federal agency expressly conferred there-23 on by the Congress.
24 "(2) Abrogate or limit the regulatory responsibili-25 ty and authority of the United States Nuclear Regula-
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18 1 tory Commission or of an agreement state under sec-2 tion 274 of the Atomic Energy Act of 1954 in which a 3 regional facility is located. .
4 "(3) Make inapplicable to any person or circum-5 stance any other law of a party state which is not in-6 consistent with this compact.
7 "(4) Make unlawful the continued development 8 and operation of any facility already licensed for devel-9 opment or operation on the date this compact becomes 10 effective, except that any such facility shall comply 11 with Article 3, Article 4, and Article 5 and shall be 12 subject to any action lawfully taken pursuant thereto.
13 "(5) Prohibit any storage or treatment of waste 14 by the generator on its owm premises.
15 "(6) Affect any judicial or administrative proceed-16 ing pending on the effective date of this compact.
17 "(7) Alter the relations between, and the respec-18 tive internal responsibilities of, the government of a 19 party state and its subdivisions.
20 "(8) Affect the generation, treatment, storage, or 21 disposal of waste generated by the atomie energy de-22 fense activities of the Secretary of the United States 23 Department of Energy or federal research and develop-24 ment activities as defined in Public Law 96-573.
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19 1 "(9) Affect the rights and powers of any party 2 state and its political subdivisions to regulate and li-3 cense any facility within its borders or to affect the 4 rights and powers of any party state and its political 5 subdivisions to tax or impose fees on the waste man-6 aged at any facility within its borders.
7 "(B) No party state shall pass any law or adopt any 8 regulation which is inconsistent with this compact. To do so 9 may jeopardize the membership status of the party state.
10 "(C) Upon formation of the compact no law or regula-11 tion of a party state or of any subdivision or instrumentality 12 thereof may be applied so as to restrict or make more incon-13 venient access to any regional facility by the generators of 14 another party state than for the generators of the state where 15 the facility is situated.
16 "(D) Restrictions of waste management of regional facil-17 ities pursuant to Article 4 shall be enforceable as a matter of 18 state law.
19 " ARTICLE 7 20 " ELIGIBLE PARTIES; WITHDRAWAL; REVOCATION; ENTRY 21 INTO FORCE; TERMINATION 22 "(A) This compact shall have as initially eligible parties 23 the States of Alabama, Florida, Georgia, Mississippi, North 24 Carolina, South Carolina, Tennessee, and Virginia.
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20 1 "(B) Any state not expressly declared eligible to become 2 a party state to this compact in Section (A) of this Article 3 may petition the Commission, once constituted, to be de-4 clared eligible. The Commission may establish .such condi-5 tions as it deems necessary and appropriate to be met by a 6 state wishing to become eligible to become a party state to 7 this compact pursuant to such provisions of this section.
8 Upon satisfactorily meeting the conditions and upon the af-9 firmative vote of two-thirds of the Commission, including the 10 affirmative vote of both representatives of a host state in 11 which any affected regional facility is located, the petitioning 12 state shall be eligible to become a party state to this compact 13 and may become a party state in the manner as those states 14 declared eligible in Section (A) of this Article.
15 "(C) Each state eligible to become a party state to this 16 compact shall be declared a party state upon enactment of 17 this compact into law by the state and upon payment of the 18 fees required by Article 4(H)(1). The Commission is the judge 19 of the qualifications of the party states and of its members 20 and of their compliance with the conditions and requirements 21 of this compact and the laws of the party states relating to 22 the enactment of this compact.
23 "(D)(1) The first three states eligible to become party 24 States to this compact which enact this compact into law and 25 appropriate the fees required by Article 4(H)(1) shallimmedi-
21 1 ately, upon the appointment of their Commission members, 2 constitute themselves as the Southeast Low-Level Radioac-3 tive Waste Management Commission; shall cause legislation 4 to be introduced in Congress which grants the consent of 5 Congress to this compact; and shall do those things necessary 6 to organize the commission and implement the provisions of 7 this compact.
8 "(2) All succeeding states eligible to become party 9 states to this compact shall be declared party states pursuant 10 to the provisions of Section (C) of this Article.
11 "(3) The consent of Congress shall be required for the 12 fullimplementation of this compact. The provisions of Article 13 5(D) shall not become effective until the effective date of the 14 import ban authorized by Article 4(L) as approved by Con-15 gress. Congress may by law withdraw its consent only every 16 five years.
17 "(E) No state which holds membership in any other re-18 gional compact for the management of low-level radioactive 19 waste may be considered by the Compact Commission for 20 eligible state status or party state status.
21 "(F) Any party state which fails to comply with the pro-22 visions of this compact or to fulfill the obligations incurred by 23 becoming a party state to this compact may be subject to 24 sanctions by the Commission, including suspension of its 25 rights under this compact and revocation of its status as a eumas
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION hfffqgIE0 BEFORE THE ATOMIC SAFETY AND LICENSING BOAR M $y g; g
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In the Matter of - hC SE t, c BRAncy CAROLINA POWER & LIGHT COMPANY: l AND NORTH CAROLINA EASTERN : Docket Nos. 50-400 OL MUNICIPAL POWER AGENCY : 50-401 OL (Shearon Harris Nuclear Power : Plant, Units 1 and 2) : .
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CERTIFICATE OF SERVICE i I hereby certify that copies of the documents on the , document List attached hereto were served this 9th day of May, 1984, by deposit in the U.S. mail, first class, postage prepaid, to the parties on the attached Service List,*with the exception of the following parties wha will be served by hand-delivery: Charles A. Earth, Esquire Janice E. Moore, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Wells Eddleman 718-A Iredell Street Durham, North Carolina 27705 sm.i.m_- _s, , ubu - - Pamela H. Anderson
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DOCUMENT LIST 1.- Applicants' Motion for Summary Disposition on Eddleman 67 (Waste Disposal). r
- 2. Applicants' Statement of Material Facts as to Which There ,
is no Genuine Issue to be Heard on Eddleman 67. ' 1
- 3. Affidavit of George H. Warriner and Attachments A and B affixed thereto.
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6 t O ? i T P t N t T r
t- , t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE 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 [ _g. Jees L. Felley, Escuire John D. Rtnkle, Esquire Atmic Safety and Licensing Boani Conservation Council of North Carolina U.S. Nuclear Regulatory Ccmnission 307 Granville Road l Washington, D.C. 20555 Chapel Hill, North Carolina 27514 Mr. Glenn O. Bright M. Travis Payne, Esquire Atanic Safety and Licensing Board Edelstein and Payne U.S. Nuclear Regulatory Ccmnission P.O. Box 12607 Washington, D.C. 20555 Raleigh, North Carolina 27605 Dr. Janes H. Carpenter Dr. Richard D. Wilson Atcznic Safety and Licensing Board 729 Hunter Street U.S. Nuclear Regulatory Ocnnission Apex, North Carolina 27502 Washington, D.C. 20555 Mr. Wells Eddlanan Charles A. Barth, Esquire 718-A Iredell Street Janice E. Moore, Esquire Durhan, North Carolina 27705 Office of Executive Imgal Director . U.S. Nuclear Regulatory Ocnnission Richard E. Jones, Esquire Washington, D.C. 20555 Vice President and Senior Counsel Carolina Power & Light CcInpany Docketing and Service Section P.O. Box 1551 Office of the Secretary Raleigh, North Carolina 27602 U.S. Nuclear Regulatory Ctanission
. Washington, D.C. 20555 Dr. Linda W. Little Governor's Waste Managenent Board Mr. Daniel F. Read, President 513 Albenarle Building QiANGE/ELP 325 North Salisbury Street 5707 Waycross Street Raleigh, North Carolina 27611 Raleigh, North Carolina 27606
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'4 Bradley W. Jones, Esquire U.S. Nuclear Regulatory Cattnission Region II 101 Marrietta Street Atlanta, Georgia 30303 Steven F. Crockett, Esquire Atcznic Safety and Licensing Board Panel '
U.S. Nuclear Regulatory Ccatmission Washington, D.C. 20555 Mr. Robert P. Gruber Executive Director Public Staff - NCUC P.O. Box 991 . , Raleigh, North Carolina 27602 ~ll
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