ML20087B113

FOIA Request for 27 Documents Referenced in 1975 EIS Re Facilities & Similiar Environ Documents.List & News Articles Encl

ML20087B113
Person / Time
Site:	Palo Verde
Issue date:	01/17/1984
From:	Ryan J STREICH, LANG, WEEKS & CARDON
To:	NRC OFFICE OF ADMINISTRATION (ADM)
References
FOIA-84-47 NUDOCS 8403080385
Download: ML20087B113 (9)

Text

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CuanLe s n. st EnGaCM sonn M wthCH TwoMasa CahMaM ontoonYB sukk' van JaMCs a av AN January 17, 1984 MDOM OF INFORMATION ACI REQUEST Director A *-8 k -9 [

Office of Administration U.S. Nuclear Regulatory Commission D /- /f-JP Washington, D.C. 20555 RE: FREEDOM OF INFORMATION ACT REQUEST

Dear Sir:

Under the provisions of the Freedom of Information Act, 5 U.S.C. S552, I am requesting on behalf of our client, John F. Long, the following agency records:

1. Copies of all documents contained in the list attached hereto, which documents were identified as reference materials in the Environmental Impact Statement (EIS) concerning the Palo Verde Nuclear

Generating Station which was filed or j adopted on or about September, 1975; and

2. All Environmental Impact Statements, Supplemental Environmental Impact State-ments or similar environmental documents, other than the above-referenced EIS of 1975, which in any way concern or relate to the Palo Verde Nuclear Generating Station.

As you know, the Act provides that search and duplication fees be waived when release of the information requested will primarily benefit the public. This request clearly meets that standard, and we therefore ask that fees be waived.

$ 90 3070.55 5 m2 ,

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ST'RElCH. LANG, WEEKS & CARDoN a amortssiona6 association ATTO R N EY S AT L AW Director Office of Administration U.S. Nuclear Regulatory Commission January 17, 1984 Page Two i

1 All of the records requested herein relate directly to the issue of whether the use of water as a coolant for the reactors of the Palo Verde Nuclear Generating Station was adequately considered in terms of its impact upon the environ-ment. The availability and use of water are matters of vital concern to the residents of the Phoenix metropolitan area and to all residents of the State of Arizona. These groups consti-tute the "public" which would primarily benefit from release of j the requested information.

i' The records requested will contribute directly to enhanc-ing the quality of public debate over the adequacy of government studies, reports, investigations, etc. on the environmental im-pact of using scarce water resources to cool the nuclear reactors i at the Palo Verde Station. The vigor of this debate, as well as the ability of our client, Mr. Long, to disseminate related in-formation to the interested public through the media, are

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evidenced by the enclosed news clippings.

Mr. Long does not expect to realize any monetary benefit s from his use of the requested documents. He is a prominent Arizonan and a past member of the Phoenix City Council who has a deep and abiding historical interest in water issues. Mr. ,

Long intends to use the requested documents to enhance the quality of public debate concerning the use of scarce water resources at i the Palo Verde Nuclear Generating Station.

Clearly, all of the factors necessary for a waiver of fees as required by the Act are present in this case. Moreover, the record established herein adequately supports a waiver of fees under the guidelines set forth in the Department of Justice

Memorandum on Fee Waivers, dated January 7, 1983, and under the regulations of the Nuclear Regulatory Commission as _ published at 10 C.F.R. 59.14.

Should you decide not to grant a waiver of fees in this case, please inform me immediately of the specific reasons for your decision. In no event, however, should disposition of the fee issue delay' expeditious processing of this request for records as required by the Act. Please notify me at once at (602)257-0999 should the amount of fees which you intend to

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ST ElQH. LANG, WEEKS & CARDON a poortssiomat association ATTO R N EY S AT L AW Director Office of Administration  !

U.S. Nuclear Regulatory Commission l January 17, 1984 Page Three

! charge for this request exceed $250. If all or any part of this request is denied, please cite the specific exemption (s) that you claim justifies your refusal to release the informa-tion and inform me of the appeal procedures available to me under the law. Of course, I expect to receive all segregable parts of any documents containing exempt information. I would appreciate your handling this request as quickly as possible, and I look forward to hearing from you within ten days as the law stipulates.

Should you have any questions regarding this request, please telephone me directly.

Very truly yours,

Ja] aes A. an

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enclosures i

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e DOCUMENTS REFERENCED IN 1975 l I

ENVIRONMENTAL IMPACT STATEMENT (EIS)

1. " Groundwater Conditions in Lower Hassayampa-Centennial Area, Maricopa County, Arizona," Harshbarger and Associates, R-900-74-2, 71 pp.,

June 1974.

/2. R S. Stulik, " Groundwater Conditions in the Lower Hassayampa Area, Maricopa County, Arizona, Arizona State Water Comm. Bull. 8, 52 pp., 1974.

', 3. " Threatened Wildlife in the United States," Bureau of Sport Fisheries and Wildlife Resource Publication 114, 1973.

4. Memorandum dated January 6, 1975, from Arizona State Director, Bureau of Land Management, to Director, Bureau of Land Management, U.S. Dept.

of Interior, Washington, D.C.

5. Memorandum dated January 9, 1975, from National Park Service to U.S.

Department of Interior, Washington, D.C.

6. Letter dated July 23, 1975, from S. Doremus, Deputy Assistant Secretary of the Interior to W. H. Regan, Nuclear Regulatory Commission, Washington, D.C.

i 7. J. E. McKee and H. W. Wolf, " Water Quality Criteria," The Resources Agency of California, State Water Resources Control Board, pp. 1-548, 1971.

8. A. Roffman and R. E. Grimble, " Drift Depositions Rates front Wet Cooling

} Systems," Symposium on Cooling Tower Environments, Univeristy of Maryland, March 1974.

9. Memorandum dated January 13, 1975, from Assistant Secretary, Energy and Materials, U.S. Department of the Interior, to Director, Office of Environmental Project Review, U.S. Department of Interior.

10. Memorandum dated January 9, 1975, from Associated Director, Park System Management, U.S. Department of the Interior, to Director, Office of Environmental Project Review, U.S. Department of Interior,

11. Memorandum dated January 20, 1975, from Acting Director, Office of Trust Responsibilities, Bureau of Indian Affairs, U.S. Department of the Interior to Office of Environmental Project Review, U.S. Department of Interior.

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12. Memorandum dated January 20, 1974, from Phoenix Area Director, Bureau of Indian Affairs, U.S. Department of the Interior, to Commissioner of i,

Indian Affairs, U.S. Department of Interior, Washington, D.C.

13. Letter dated December 11, 1974, from Area Director, Phoenix Area Office, i Bureau of Indian Affairs, U.S. Department of the Interior to Directorate

? of Licensing, United States Atomic Energy Commission.

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14. Memorandum dated January 10, 1975, from Assistant Director, Bureau of I Outdoor Recreation, L.S. Department of the Interior, to Director, Office of Environmental Project Review, U.S. Department of Interior, Washington, D.C.

15. Memorandum dated January 16, 1975, from Assistant Commissioner of Reclamation to Director, Office of Environmental Project Review, l U.S. Department of Interior, Washington, D.C.

16. "Palo Verde Nuclear Generating Station Environmental Analysis, Project 1 Transmission Line," Wirth Assoc. , Inc., 1974.

17. "Palo Verde Nuclear Generating System Environmental Analysis, Project 2 Transmission System," Westinghouse Environmental Systems Dept., 1975.

18. Letter to Thomas W. Green, Argonne National Lab., from Thomas J. Sullivan, Environmental Scientist, Arizona Public Service, 24 February 1975.

19. L.C. Buffington and C.H. Herbel, " Vegetational Changes on a Semi-desert Grassland and Range from 1858 to 1963," Ecol. Monogr. 34:139-164, 1965.

20. " Threatened Wildlife of the United States," U.S. Dept. of Interior, Washington, D.C., 289 p., 1973.

21. " United States List of Endangered Fauna," U.S. Dept. of Interior, Washington, D.C., 22 p., 1974.

22. Observations of the mechanical draft cooling towers, Oak Ridge Gaseous -

Diffusion Plant, Oak Ridge, Tennessee; winter season, 1957 to 1972.

23. E. F. Haase, " Gila River from the Confluence of the Salt River Downstream '

to Gillespie Dam," Draft Environmental Study, Office of Arid Land Studies, University of Arizona, pp. 1-90, 1973.

24. A. Roffman, Ed., "The State-of-the-Art of Saltwater Cooling Towers for Steam Electric Generating Plants," Prep. for USAEC by Westinghouse Electric Corp. Environmental Systems Dept., NTIS, WASH-12'4, UC-12, 1973.

25. " Steam Electric Power Generating Point Source Category Effluent Guidelines and Standards," Title 40, Chapter 1, [FRL 274-51], Subchapter N, Part 243, Environmental Protection Agency, Federal Register Vol. 39, No. 196, Part III, pp. 36186-36207, Tuesday, October 8, 1974.

26. R. W. Beck and Associates, " Cost Comparison of Dry-Type and Conventional Cooling Systems for Representative Nuclear Generating Plants," TID 26007, March 1972.

27. K. A. Oleson, et al., " Dry Cooling for Large Nuclear Power Plants,"

Westinghouse Electric Corp. Power Generation Systems Report, Gen-72-0, February 1972.

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28. 'G.J. Silvestri and J. Davids, " Effects of High Condenser Pressure on Steam Turbine Design," Westinghouse Electric Corp. paper for presentation at American Power Conference, Chicago, Illinois, April 1971.

29. Letter dated July 21, 1975, from Mr. E. E. VanBrunt, ANPP Project Director, to Mr. W. H. Regan,tTr., Division of Reactor Licensing, U.S.

Nuclear Regulatory Commission, Washington, D.C. 20555.

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i 'nIE PilOENIX GAZE'ITE Phoeaix .

rr 4 l ARIZONA PRESS C1.lPPIh' -

of wqste water.

J Suit cha, llenges sale

' The Carette. "We can't continue to pin our hopes on &

Central Arizona Project when all the courta have out, I wanted to give be that opportunity. It doesn't appear said the,- ht this pc'nt, that we can reec) a

$ Sy Pet Sobe N i*=al= Gaa88*

future."

CAP will not be adequate for our future." Defendants include the cities of Phoenis, Mesa, Temps, Phoenix hornebuilder John F. bng has filed suit in US *l feel strongly that unless we protect our limited natural Dictrict Court, Phoenia, challenging the sale of treated waste resomces, the long range effecta of the coming water crisis Scottadale, Glendale and Youngtown, members of the APS, utility watar by sin Valley cities for use at the Palo Verde Nuclear will have much more drastic effect on our lifestyle and < ' governing boards of Salt Ri Generating Station. property values than the energy crisis of 1973," bng said. , Nuclear Regulatory Commmaton.

The suit, filed under seal earlier this month and made "Many issues raised in the suit already are subject of other public Tuesday, questions the legality of an agreemen* to sell kng said his main con ~cern is t'.st the effluent roing to litigation," Keith Turley, chairman and chief executive officer Palo Verde will be of mnre benefit to residents of California, l'2,000 acre-feet of effleent at $30 per acre-fout for use as a of Arizona Public Service, said. "It is our position that we coolant ct Palo Verde through the year 2040. New Mexico andTexas than to Arizona residents, have a valid contract so that the adequacy of the supply water Long said the effluent, which is 99 percent water, is a for Palo Verde will not be jeopardized." Utility companies in those states own more than 50 percent valuabb resource that should be recycled for use locally"to of the Pala Verde energy, Long said, and "Our acarce water "I wasn't looking for publicity," bng said. "And if there g

• belp conserve our diminishing undeigrcund water supply. was a possibility the parties could get together and work it g "Wa live in a desert, and we must face that fact," Long told k.

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I O bUit From B-1 a supply is being used to generate electricity for those enough for the future,"I ng said. "That water must be states at subsidized costa." recycled."

Long's suit alle es the effluent would be =aadad Long said it appeara a settlement cannot be reached locally during the a ortages and drou ht periods, when

,in the near future. g,;,,,,.s share of Central Arizona hroject could be reduced by as much as 60 percent to 70 percent.

Le.ng said he brought the lawsuit "because nobody else was willin He claims the effluent agreement and other acts or .

edablishment,g to tackle and because it -t to be"cen gobyup stand andagainst see the omissions of the defendanta violate the articles of this Valleylose its water." incorporation of Salt River Valley Water Users l*

Association and antitrust, environmental, reclamation "If we don't take care of our water, we won't have and various other federal and state laws. .

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2/ tur ARIZONA REPUBLIC Phoenix DEC h7 '983

! ARIZONA PRESS CLIPPING unins att . phr,mir g

Sale of, waste water to- ,' ~ .

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Palo Verde challenged.) _

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. , It's illegal for cities to ship _

effluent from Valley,~ suit says d,1*MM. Perry B p A lawsuit asking that the owners - . _ _ _

of Palo Verde Nuclear Generstmg U.S. Distnct Court. .% Phoenix, Power,5.7 percent; Southern Cali- _

{ Station find another source of wate, include Arizona Public E wice Co., fornia Public Power Authority,5.9

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besides municipal wasta to cool part owner and ma en V Palo percent; Southern California Edi-

, nuclear reactors is a water issue, not Verde; the Salt River 1 a ud son Co.,15.8 percent; El Paso a nuclear-energy lasue, a home Phoenia, Glendale, Mesa, b'a- Electric Co., 15.8 percent and j builder said last week. d61e,Tempe and Youngtessa. .Public Service Co. of New Mexico, f 'Ihe suit, filed Dec.12 John F. In 1973, ' the municipalities 10.2 percent.

long and unsealed y,chal. agreed to selleffluent from the 23rd . .

lentes the legality of contracts with and 91st Aveace waste. water. treat. The lawsuit claims that on Feb. 3 six Valley communities to sell ment nts .e Palo Verde at no and Dec. 15, 1982, APS sought to effluent to Palo Verde. more $30 per acre-foot. exercise the options under the effluent contract to acquire 70,000

,it charges that tN contr: cts 3 g 'y acre-feet each year until 2040.

laws ra m $308 per acre.f=t," len said. Long claims these contracts vio.

}ed.dM*ro,hform

E f Po*

'exas y$30"lous!

Weta is fer m re valua r acre-foot. low Thispnce. is a ridicu-than late Arizona law that limits a This means municipality we are from entering into a (My**IC" subs iting power for foreign enti- two years beyond the term of-the contract that extends more than "Pm not oppoced to Palo Verde," ties." contncting city council; lent said. " Water is the is.ue." APS and SRP own 46.6 percent Io said the effluent would be I"*I*'..ms that for the consortium helpf)in sustaining lifestyles dur. of Palothe to also Verde's power three nucto be reactors. benerated by gC288 opt 2 ing hortages and droughts.

Other owners include the los is illegal to move the effluent from

. Defendants in the suit, filed in Angeles Department of Water and the Valley area, where it could be i

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" SALE- OF WASTE WATEa TO PALO VERDE CHALLENGED

ONTINUED....

i In 1982, the Salt Riwr Nma-

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'"-f  :,-- Indian Community sued J

used for needs other than human  % suit chims the NRC shguld the Interior Department and the, consumption.

This includes irrigation ofimpact crops, - have statement performed to determine the ingan avironmental-it was Palo Wrde Cons unlawful to use emuent golf courses, parks and schoci outside the Salt River Project yards. current and future impact of using

" Armone's limited water supply to service area; ht suit has not been cities currently are asuing help guerste power for m in settbd.

3y higher.; meed potable wetar -

because offhant that a b Califorma,New maicoand 74 Jack Pfister, SRP peneral man.

avaihbb " "**" b M ".e suit claims that federal Inw ager, said the consort 4um does not that estabbshed the SRP service- believe the interior nt'sDe

• T* *Y* g, "" 8" p g y4. gi area boundanes has been volated approval was required. I the long clains tim emuent agree-ment monopoh,nes trade m the sale by the sale of th emuent, which be used as those citisa originated mostly within the SRP.

of emuentin the Valleyares.. for use at Palo Wrde,50 miles west want to use it.

w Additionaldefendants in h suit d h Phomia. -

plu.Pfister sa l other Jamsible sup.

are the Nuclear Re Federal hw says that "mtorn s are Central Annona Project nuanon and W%=gulatory Com- wvw allow to SRP ad APS for P. Clark Jr Dow" from water produced by a future power production and j Interior, which overness thef Bureausecretary J8.be ject - putof the DW. ment E 'icialuse

_ - t?,beney ground water that could be pumped j

of Reclamation.  % SRP =, a

'1%e Interior De tion M= to Palo Verde from other subbesma.

enter into the partamnt did not Both sources would be 'more The SRP service area is bounded expensive than the emuent supply.

Iang charges the Mu#*':. bat by b Annona Canal on the north, Piping CAP or ground water to the ent contracts should have been appraved by b b Highland Canal on the south, Palo Verde plant could cost federalagency. b Ague Fria River on the west and

" hundreds of dollars" an acre.fect, b Eastern Canal on the east. an APS spokesman said.

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