ML20114F879

Discusses Revised Preliminary Staff Draft of Proposed Rev of App D to 10CFR50 Implementing Natl Environ Policy Act of 1969.Draft Proposed Rev Encl

ML20114F879
Person / Time
Site:	Calvert Cliffs
Issue date:	08/29/1971
From:	Price H US ATOMIC ENERGY COMMISSION (AEC)
To:	Schlesinger US ATOMIC ENERGY COMMISSION (AEC)
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AUG 2 91971 y

Chairm n Schlesinger Corrassioner Ramey

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Comissioner Johnson Comissioner Larson

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,,.j REVISED PRELIMINARY ST5FF DRAFT OF PROPOSLD REVISION d'F APPENDII D IMPLEMENTING NEPA On August 27, 1971, we coriducted a conference in'the AEC auditorium at Germantown to discuss with reprssentatives of industry..envjronmental organizations and tto States, the staff's preliminary draf t of a proposed revision of Appendix D to 10 CFR Part 50 which would isnplement tiie National Environrcental Policy Act of 1969 (NEPA)'were in attendance.

in light of the Calvert Cliffs' decision. Approximately 300 aersons the majority of which represented industry.

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As a result of this confebnce, and the further review of.the previous craft, we have amended the preliminary staff draft previodsly reviewco by the Comission. This draf t tagluding a statement of considerations (pages 1-4), is enclosed. The chinges from the previous ' draft'are '

r.oted in the text. This memorandum identifies the sore significant points rode at the conference and the principal changes in the enclosed draft.

u.g g m John T. Conway, Executive Assistant to the Chairan $bthe Board'of the Consolidated Edison Coepanyi'made a strong plea that the.Commissian provide in Appendix D a mechanism for permitting,the issuanc'e'of L 3 l

operating licenses for nuclear plants in which tfe licensing' proceeding is presently undenway, such as Indian Point 2.

He proposed taat in such cases the license be issued pending completion if t% NEPA review in order to ' prevent seriou plants is urgently ^needed..p/public hardship where,the power: fNm such. His po industry representatives. Anthony Roisman, an attorney who represents a number of intervenors in.Various pending cues, indicated very clearly that if such a procedure were provided for, the envirormental organizations would stronuously oppose it as being contrary to the l

Calvert Cliffs' decision.

We have not revised the draf t to accommodate

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1 M onsolidated Edison recently filed with the Comission a request for

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h rulemaking and a notion to impleoent this proposal in the Indian t ,'

Point 2 proceeding.

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this suggestion on the grounds that it would be contrary to the Calvert E

Cliffs' decision would likely lead to a contest of this action in the i-D. C. Court of Appeals which the Comission would lose, and would expose the Cosmission to further judicial criticism as being insensitive to NEPA's requirements as viewed by that Court.

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Concerning the pmvision of allowing fuel loading and low power testing there were several cossents r$1ating to the difficulty of making a

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determination that such operation would not have a "significant effect" on the environment.

It was noted that it might be sore difficult to prove that there is no "significant environmental effect" than to 3roceed with the application for full operation under the cost-benefit i

salancing pmvision.

In the latter case. It is not necessary to prove j

that there would be no significant effect and.. in fact, the environmental'~ report would acknowledge significant effects would take'

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Thus it is doubtful that we will be able to grant much, if any, relief under the " low power" provision because of tie necessity to make an absolute finding of no "significant, adverse impact".or. the environment j

without any "' *1anc1Eg against benefits.. Even if " balancing" were' provided for, the essential problem would remain since a contest over -

t'.e matter would be likely-(as a leading environmentalist representative stated at the conference).

In either case, the applicant would not-have the kind of quick relief he seeks.

l Although the matter was not raised at the conference, W have revised the enclosed draft to conform the treatment of certain materials "

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licensing actions with those of reactor licensing actions by providing that, where full HEPA review has not~ been completed for an actiMty e

presently ready for licensing, that activity may be licensed upon a l

showing that no significant adverse impact on the environment will result, l

There were many suggestions made at the conference that the various l

deadlines set fcrth in the draft be revised and that the public be-provided with an earlier opportunity to present views. As a consequence L

of these suggestions, we revisea the draft to pmvide 1) for the issuance of a 'p'ublic announcement as to the availability of the Environmental Report and for consideration by the AEC of corsnents on it L

received from the public; 2) that the final Detailed Statement be l

publicly-available at least thirt. days (30) before:the start of. a hearing to the extent possible; 3 that present licensees be given sixty days (60) after the effective date of Appendix D,'or such later date as the AEC may approve, to submit their Environmental Reports; l

and 4)- for forty (40) days or such.onger period as may be authorized j-omese sua m r>

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Comissior. AUG 2 91971 by the AEC rather than a flat twenty days (20) for license holders to submit data as to why their permit or license should not be suspended.

In connection with the last revition, we are also providing oppc*tunity for public coment on the submission.

Provistor has also been made for a public annou.. cement to be issued by the AEC on the determination as to whether or not to suspend the license.

In additica, we have revised Section D of Appendix D, which deals with pending cases, to delete the arbitrary ober 21,19P, date for determining which cases are to be inel m in the c7tuory and substituta those cases in which a draft Detailed Statement has been circula W6 prior to date of publication r;f Appendix 0.

This will assure a reasonable basis for permitting tha :.runcated review of the supplemental environmental report required of this group.

r at the suggestion of some attending the conference, we have provided tne licensing be.,ards, as well as the Comission with the right to 4

prescribe the length of time permitted for certain hc; rings on environmental aspects. Anthony Roisman pressed this change because of his visw that the licensing boards are, in most instances, in the best position to deNmine the reasonableness of time limits.

Robert Lowenstein and others at the conference questioned that aspect 4

of Appendix D which requires the licensing boards to do more with environmental matters in uncontested proceedings than in contested proceedings. While this is true, our interpretation of the Calvert Cliffi', decis indicates that tW Mditional considerations in uncontested hearint te required.

Several lawyers representing industry c61NR d nur interpretation of the N"r-t Cliffs' decision as requiring s full environmental. review for t' > %rsion of provisional operating licenses to full term opers...n licenses. Despite their arguments we believe tnt NEPA, in light of the Calvert Cliffs' decision, requires us to consier such action as a major Federal action subject to full HEPA review.

Following discussion of the proposed Appendix 0 the participants were invited to offer coments on the preliminary staff draft " Scope of Environmentai Reports with Respect to Transportation, Fuel Cycle, Disposal of High and Low Level Waste. Transmission Lines, and Accidents."

We are preparing a separate memorandum on this discussion, including a revised staff draft, for the Comission's consideration.

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. DRAFT August 29, 1971.--

i TITLE 10 - ATOMIC ENERGY

- CHAPTER 1 - ATOMIC EHERGY COMISSION PART 50 - LICENSING OF FRODUCTION AND UTILIZATION Faci?.IIIES t

i Implementation of ' the -

National Environmental Poliev Act of 1969 1

on July 23, 1971, the-United States Court of Appeals for the District of Columbia Circuit rendered 'its' decision in Calvert Clif fs' Coordinatina i

Cremit to o. Inc,. e t al. v. "gt te d S ta te s - osie Enerav-Cpusission. et al'._, -

Nos. 24,839 and 24.871, holding that Atomic Energy Consaission regulations I

for the implementation of the National Environisental Palicy Act of 1969' i

(NEPA) in AEC licensing proceedings did not comply-in several specified respects with the dictates of that Act, and remanding the proceedings to the Comission for rule making consistent with the 'Ceurt's opinion.

Revised Appendix. D set forth belov is an'interia acatement of Cossais-1 sion policy and procedure for the iglementation of NEPA in accordance with the decision of the Court of Appeals.

The Cnemission intends to be in a poitton to be responsive to the concerns of contervation and environmental groups as well as othtr members

.of the.p:blic.

At the sans time the Commission is alte examining steps-that can be tah en to reconcile a proper regard for the environment wi:h the necessity fo. meeting the Nation's growing requirements for electric power on a timely basis.

The procedures in 'Appendf x D apply to -licensing proceedings - for nuclear power reactors; testing facilities; fuel reprocessing plants; and other -

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4 production and utilization facilitics whose construction or operation may be determined by the Commission' to have a significant impact on the environ-ment. The procedures also apply to proceedings involving certsin specified i

activities subject to materials licensing.

Revised Appendix D is divided into five sections. Section A deals with the basic precedures for implementing NEPA, including an identification of the information required of applicants, the circulation of environmental 4

reports and detailed statements for comment, and the role of Atomic Sefety and Licensing Boards in the environmental review process.

Section B deals with procedures applicable to the 4pecified facility and materials licenses issued during the period from January 1,1970, the date of enactment of NEPA, to t's ef fective date of this revision.

Section C deals with the procedures applicable to cr.netruction permits for the specified f acilities issued prior to January 1,1970, for which 4

operating licenses have not been issued.

Section D deals with the procedures applicable to pending hearings and hearings to be conducted in the near f uture.

Section E sets forth the factors which till be conoidered by the t

Commission in determining whether to suspend, pending the required NEPA environmental review, permits or licenses of the specified types issued during the period from January 1,19 70, and the effective date of this revision and construction permits for the specified facilities issued i

prior to January 1,1970, for which operating licenses have not been issued.

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. Because the revision of Appendix D which follows is necessary to comply with Court of Appeals' decision in the Calvert Cliffs case, the Comnission has found that good cause exists for omitting notice of pro-posed rule making and public procedure thereon as unnecessary and impracticable and for making the revision effective upon publication in the FEDERAL REGISTER without the customary 30-day notice.

Accordingly, pursuant to the National Environmental Policy Act of 1969, the Atomic Energy Act of 1954, as amended, and sections 552 and 553 of Title 5 of the United States Code, the following revision of Appendix D of 10 CFR Part 50 is published as a document subject. to codi fication, to be effective upon publi:ation in the FEDERAL REGISTER.

The Commission invites all interested persons who de sire to subcit written cocznents or suggestions for consideration in-connection with the revision to send them to the Secretary of ti e Commission, U. S. Atomic Energy Comissior., Washington, D.C.

20545, Artention:

chief, Public Proceedings Branch, within 60 days af ter publication of this notice in the FEDERAL REGISTER.

Consideration will be given to such submission with the view to possible further amendnente.

Copies of comments received by the Commission may be examined at the Coartission's Public Document Room,1717 M S treet, W.

.f ashington, D.C.

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Appendix D is revised to lead as follows:-

APPENDIX D - INTERIN STATEMENT OF GENERAL POLICY AND PROCEDURE:

IMPLEMENTATION OF THE NATIONAL ENVIRONMENTAL POLICY, ACT OF-1969 (PUBLIC LAW 91-190)

Introduction On July 23, 1971, the. United States Court of Appeals for the District of Columbia Circuit rendered its decistor in Calvert Clif fs' Coordinating Committee. Inc.. e t al. v. United S tates Atomic Enerav Commission,gqt_gl..,

Nos. 24,839 and 24,871, holding that Atomic Energy Conaission regulations for tha implementation of the National Environmental Policy Act of _1969 (NEPA) in AEC licensing proceedings did not comply in several specified i

respects with the dictates of that Act, and remanding the proceedings to the Commitsion for rcle making consistent with the Court's opinion'.'

Ihe Court of Appeals' decision required, in summary, that the i

Commission's rules make provision for the following:

1.

Independent substantive review of environmental pacters in uncontested as well as contested cases by presiding Atomic Safety and Licensing Boards.

2.

Consideration of NEPA environmental issues in connection with all nuclear power reactor licensing action-which took place after January 1,1970 (ths effective date of NEPA).

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Independent evaluation and balancing of certain environmental f actors, such as thermal ' effects, notwithstanding the fact that other Federal or State atencies have alraady certified that their own environmental standards are satbsfied by the proposed licensing action. In each individual case, the batisfits of the licensing action mast be essessed and -

J weighed against environmental costs; and alternatives must be considered which would riffect the balancing of values.

4.

.NEPA review, and appropriate action af ter such review, for construction permits issued prior to January 1,1970, in cases where sa operating license has not as yet been issued. The Court's opinion also states that, in order that this review be as effective as possible, the Commission should consider the requirement of a temporary hit in construction pending i

its review and the backfitting of technological innevat. ions.

i As summary background, the National Environmental Policy Act of 1969 l

(P.L.91-190) became effective on January 1,1970. The Commission published on April 2,1970, in its i..itial implementation of the Act, an Appendix D to Part 50 stating general Consdssion policy and-procedure for exercising AEC respcnsibilities under the Act in it: licensing proceadings i

(35 F.R. 5463). Substantial amendments to Appenjix D were published on l

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Lucember 4,1970 (35 F. A.18469), and further minor amendments on-July 7, 1971 (36 F.R.12731),

i The amendments to Appendix D issued herewith have been adopted by the Coimaission to make interia changes in its regulations for implemen-tation of NEFA in ABC licensing proceedings in light of the Court of Appeals' decision.

A A.

Basic Procedures 1.

Each applicer.t fer a permit to construct a nuciser power reactor, testing facility or fuel reprocessing plant, or such other production or utt11sation facilitf whose construction or l

operation may be determined by the Connianion to have a i

significant impact on the envirotment, shall submit with hin application three hundred (300) copies, in the case of a nuclear 1

i power reactor, testing f acility or fuel reprocessing plant,- or two hundred (200) copies, in the case of such other production or utilization f acility, of a separata document, entitled

" Applicant's Envirorumental Report-Construction Permit Stage,"

which discussas the following environmental considerations:

(a) the anvironmental impact of the proposed - action,-

4 1/ Where the " applicant"2 as used in this Appendir is a Federal agency, x

dif ferent arrangements for implementing the National Environmental Pelicy Act any be made, pursuant to the guidelin(s established by 3

the Council ou Envirotsmental Quality.

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(b) any adverse environmental effects which-cannot be avoided should the propossi be implemented.

(c) alternatives to the proposed action, (d) de relatior. ship between local short-term uses of man's environment and the. maintenance and enhancement of long-teru 9toductivity, and (e) any irreversible and irretrievable commitments of resources -

which would be involved-in tha proposed action should it be implemented.

2.-

The discussion of alternatives to the proposed action in-the Environmental Report required by paragraph 1 aMil be sufficiently completa to aid the Connaission in developing and exploring, pursuant to section 102(2)(D) of the Nations! Environmental Policy Act, "appropriata alternatives... in any proposal which involves unresclved conflicts concerning alternative uses of available resources."

3.

The Environmental Report required by paragraph 1 shall include 6

a cost-benefit analysis which considers and balances the environmental effects of the facility and the alternatives available for reducing or avoiding-adverse environmental ef fects, es well as the

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' l-i environmental, economic, technict.1 and other bcmefits of the facility. The cost-benefit analysis shall,- to the fullest extent practicable, quart.ify the various f actors considered. To the i

extent that such factors cannot be quantified, they shall be l

discuared in qualitative terms. The Environmental Report shenld 4

contain sufficient data to aid tha Comaicsion in its development of an independant cost-benefit analysis covering the factors -

specified in this paragraph.

4.

The Environmentr.1 Report required by paragrat.h 1 shall include a discussion of the status of compliance of the facility 2rith

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applicable environmental quality standards 'and requirements [y]

(including, but not limited to, thermal and other water cuality standards promulgated under f.ue Fedot al Water Pollution Control i

Act) which have been imposed by Federal, State and regional agencies having responsibility for environmental protection. In addition, the savironmental impact of the facility shall be fully i

.!!3 cussed with respect to mattera covered by such standards-and-requirements it respectiv6 of whether a certification from the appropriate authority has been obtained (including, but not limited to, muy certification obtained pursuant to section 21(b) of the 4

Federal Water Pollution Control Act

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Such discussion shall 2/- No permit or lics.::ma will, of _ course, be issued with respect to as 1

activity for which a cortification required by section '1(b) of the 4

Federal Water Pollution Control Act has not.been obtained.

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9-t be reflected in the cost-benefit analysis prescril4d in paragraph 3.

While satisfaction of AEC standards and criteria pertaining to radiological effsets will be necessary to meet the licensing requirements of the Atomic Energy Act, _the cost-benefit analysis s

prescribed in paragraph 3 sha.1, for the parposes of the National 1

Environmental Policy Act, consic'er the radiological effects, together with the thermal effects and the other environmental effects, of the facility.

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5.

Each applicant for a license to.operata a production or utilization facility described in paragraph 1, shall_ submit vith his appli-cation three hundred (300) copies, in the case of a nuclear power reactor, testing Facility, or fuel reprocessing plant, or two hv.ndred (200) c; pies, in the casa of any other production or t.tilitccion facility described in paragraph 1, of a separate docusaent, to be entit1.ad " Applicant's Ravironmental Report--

Operating Lice sse Stage," which discusses the sama environmental consideratians described in paragraphs 1-4, but only to the extant t

titst they differ (eig.ificset4y) from those discussed in the Applicant's Environmental Raport previously submitted in accordance with paragraph 1.

The " Applicant's Environmental Report-1 Operativg License Stage" may incorporata by reference any infor-mation contained in the Applicant's Environmental Raport previously v

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With respect to the operation of nuclear power reactors, the applicant, unless otherwise required by the Commission. shall subeit the " Applicant's Environ-usatal Raport--Operating License Stage" only in connection with the first licensing action that would authorize full-power operation of the facility,1 except that such report shall be submitted in connection with the conversion of s provisional operating license to a fall-tara license.

d 6.

Af ter receip t of any Applicant's Environmental, Report, the Director cf Regulation or hi-designee will cause to be published in the FEDERAL REGISTER a sususary notice of the availability of the Emport, and the Report will be placed in the AEC's Public Document Rooms at 1717 H Straet, N.W., Washington, D. C. and in the vicinity of the proposed site, anj will be made available i

to the public at the appropriate Stata, regional and astropolitan clearingnouses.O In addition. a public announcement of the 1/ This Report is in addition to the Report required at the construction permit stage.

O Such clearinghouses have been established pursuant.o.0ffice of Management and Budget Circular A-95 to provide liaison and coordinatie-between Federal and Stata, regional or local agencies with respect te Federal programs. The documents will be made available at appropriate State, regional and metropolitan. clearinghouses only with respect to proc adings in which the draft Detailed Statement is circulated af ter June 30, 1971, in accordance with the "Guidelinas on Statements on Proposed Federal Actions Af fecting the Environment" of the Council on Environmental Quality (36 F.R. 7724).

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g.gilability of the Report will be made. Any comments by Interested persons on the Report will be considettd by the commission's Reaulatory Staf f, and there will be further occor-tunity.for public c.

ne in accordance with paraarsch 7. - The Dirvetor of 'agulation or his designes will analyse the Remrt and prepare a draf t Detailed S tatement of enviroamantal con-siderations. The draf t Detailed Stateasuc will contain an 4

assessasnt of the matters specified in paragraph 1; a preliminary l

cest-benefit analysis based on the f attors specified in paragraph 3; and an analysis, pursuant to section 102(2)(D) of the National Environmental Felicy Act, of appropriate alternatives to the proposed licensich *ction in any case which involves unresolved conflice.s concerning dtornative uses of available f

resources (i.e., an analysis of alternatives which would alter.

I th;L environnant41 ispect and the cost-benefit b alance). The Commission will then transmit a copy of the Raport and of the draf t Detailed Stat <:nent to such Federal' agencies designated by I'

the Council on Environmental Quality as having " jurisdiction by law or special expertise with recoect to any et.rironmental t

impact involved" or as " authorized to develop and enforce F

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f environmental standards" as the Consission determines are sppropriate, / and to the Governor or appropriate State and-5 local officials, who are authorized to develop and enforce en-4 5

virotamental standards, of any affected State. The transmittal will regaest coissent on the Report and the draft Detailed Sts,tement within forty-five -(45) days in the case of Federal agencies and seventy-fiva (75) days in the case of S:, ate and local officials, vr within such longer time as the Commission may deem appropriate.

(In accordance wi% 5 2.101(b) of Fr.rt 2, the Commission will also -

send a copy of the application to the Governer or other appropriets official of the State in which the f acility is to be located and will publish in the FEDu.RAL REGISTER a notice of receipt of the I

application, stating the purpose of the application ?nd specify-ing the location at which the proposed activity will be conducted.')

Coonents on an " Applicant's Envirc.nnental Report--Operating License Stage" and on the d af t Detailed Statessent prepared in connection 1

therewith will be requested only as to environmental matcars that differ [et patfteently! from those previously considered at i

the construction permit stage.

If any snch Federal agency or 5/ Requests Yor comments on Environmental Repercs and draf t Detailed State-rents from the Environmental Protection Agency will include a request for comments with respect to water qnnlity aspects of the proposed action i

for which a certification pursuant t 9 section 21(b) of the Federal Watar Pollution Control Act 'nas been issued, and with rupect to aspects of'the-propocod action to which section 309 of the Clean Air Act is applicable.

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-. State or local officit.1 f ails to provide the Commissior, with cousints within the time spraified by the Comcaission, it will

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be presumed that the agency or official has no comment to make, unlese a specific extension of time has been requested.

7.

In addition, upon preparation of a draf t Detailed Stat.nent, the Cossaission will cause to be published in the FEDERAL REGISTER -

a summary notice of the availab *1ity of the Applicant's Eaviron-mental Report and the draft Detailed Statsesent. The - s umanary notice to be published pursuant to this paragraph will request, within seventy-five (15) days or such longer period se the Cornission may determine to be practicabis, connent from interested persons 4

on the proposed action and on the draf t Statement. The summary notice will also contain a atmment to the effect that the comuments of Federal agencies and State and local officials thereon will be available when received.N 8.

After receipt of the comments requested pursuant to paragraphs

6. and 7.,

the Director of Regulation or his designee will prepare a final Detailed Statement on the environmental con-siderations specified in paragraph 1.

including a discussion W

y This paragrapt applias only with raspect to proceedings in which the draf t Detailed Statement f4 circulated af ter Jana 30, 1971, in accordance with the " Guidelines on Statammes ou Proposed Federal Actions Affecting the Environment" of the Council on Environewntal Quality (36 F.R. 7724).

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. of problema and objections raised by Federal, State and local agencies or officials and privata organisations and individuals and the disposition thereof. The Detailed Statement will contain

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a final cost-benefit analysis which considers and balances the environmental effects of the f acility and the alternatives avaltable for reducing or avoiding adverse ewirona stal effectt,

as well as the environmental, economic, technical and other

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benefits of the facility. The cost-benefit analysis will, to the fullest extent practicable, quantify the various factors considered.

To the extent that such '- tc-- cannot be quantified, they will

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be discussed in qvalita*.ive terms.

In the case of any proposed S

licensing act'_;,, that involves unresolved conflicts concerning alternative uses of available resources, the Detailed St.atement will contain an analysis, pursuant to section 102(2)(D) of the National Environnental Policy Act, of alternatives to the r roposed licensing action which would alter the environsmental i.gact and the cost-benefit balance.

Compliance of facility consttuction or operation with envirormental quality standards and requirements (including, but not limited to, thermal and other water quality standards promulgated under the Federal Watar Pollution Control Act) which have been imposed by Federal, 3 tate and regional agencies having responsibility for environmental protection will receive due conaidoration.

In addition, the environnental impact of the 4 :.

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3 f acility will be considered in the cost-benefit analysis with respect to matteis covered by such standards and requirements, irrespective-of whether a certification from the appropriate f

authority has been obtainad (including, but not linited to, any certification obtained pursuant to section 21(b) 'of the Federal Water Follution Control Act O). While satisf action of AEC 4

J standards and criteria pertaining to radiological effects will be necessary to mest the licensing requirements of the IAwaic Energy 3

Act, s cost-benefit analysis _ will, for the pr* poses of the National Environmental Policy Act, consider rhe radiologiss.

effects,. together with the thermal of facts and the other environmental effects, of the facility.

On. the bseis of the i

foregoing evaluations and analyses, the Detailed Statement will l

include a conclusion by the Director of Regulu, ion or his designee as to whether, af ter veighing the environmental,

economic, teinnical and-other benefits against environmental costs and t

considering available alternatives, the action called for is issuance or denial of the proposed permit or license or its appropriate conditioning to protact environmental values.

l Detailed Statements prepared in connection with an application l

for an operating license will cover only environmental considerations JJ No permit or license will, of course. be issued with respect to an i

activity for which a certification %:tuired by Section 21(b) of t.he-Federal Water Pollution Control Act has not been obtained.

~..

4

. 16 -

which diffsr (etenthesetty) from those discussed in the Detailed Statement previously prepared in connection with ths application for a construction permit and may incorporate by refersnee any information contained in the Detailed Statement previously prepared in connection with the application for a construction permit.

Wir.h respect to the clerstion of nuclear power reactors, it. is i

expected that in most cases the Detailed Statement will be prepared only in connection with tha first licensing action that authorizes full-power operation of the facility,O except that such a Detailed Statement will be prepared in connection with the conversion of a provisional operating license to a full-term license.

9.

The Commission will transmit to the Council on Environmental

[

Quality copies of (a) each Applicant's Environmental Report, (b) each draf* Datsiled Statement, (c) cocments thereon' re-ceived ;%m Federal, State and local agencies and officials and pr14 te organizations and individuals, and _ (d) each Detailed Statement prepared pursuant to paragraph 8.

Copies of such Report, draf t Statements, commen's and Statements I

will be made available to the.public (s provided in thia l

8/ 'Ihis Statement is in addition to-the Statement prepared at the

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construction permit stage.

I l

I l

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E.

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4.

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Appendix and as provided-in -10 CFR Part 9 and will accompany the application.through, and will be considered in, the cosetission's review processes. Af ter each Detailed itatement becomes availahle, a notice of its availability will be published in the FEDERAL D

REGISTER, and copies will be made available to appropriata Federal, State nnd local agencies and S tate, regional and metropolitan clearinghouses. / To the maximum extent practicable, no 4

4 construction permit or operating license in' connection with which a Detailed Statement is required by (thte-Appendem] paranraph 8 will be issued until ninety (90) days af ter the draf t Detailed Statesent so required [thertier) h t. been circulated for comment, furnished to. the Council on Environmental Quality, and made avail-l able to the public, and until thirty (30) days af ter the final 1

Detailed Statement therefor has been made available to the Council and the public.

If the final Detailed S tatement is filed within ninety (90) days af ter a draf t S tatement has been circulated f

for comment, furnit.hed to the Council and made available to r

the public, the thirty (30) day period and ninety (90) day.

i l

period may run concurrently to the extent tha they overlap.

l In addition, to the maximum ~ extent practicable, the final de-tailed statement will be publicly available at least thirty (30) l l

l l/ 10 CFR Part 9 implements the Freedum of Information Act, Section 352 of Title 5 of the United S tates Code.

l L

4 days before th,e cosamencement of any (61sted e"identiary hearing that may be held.

10.- In a proceeding for toe issuance of a..cu':ne: Sn permit or an operating license for a psoduction or utilization facility.dascribed in paragraph 1 in which a hearing is held, the Applicant's Environmental Report, comments thereon, and the Detailed Statement will be offered in evidence. Any party l

l to the proceeding may take a position and offer evidence on environmental aspeces of the proposed licensing action in.

accordmce with the provisions of Subpart G of 10'CFR Part 2.

11. In a prvces: ling for the issuance of a construction parait for a production or utilization facility described in paragraph 1, I

and in a proceeding for the issuame of an operating license f n which a hearing is held and matters covered by this Appendix are in issue, the Atomic Safety and Licensing board will (a) determine whether the requirements of section 102(2)(C) and (D)

+

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of the National Environmental Policy Act and this Appendix have been complied witn 11 the proceeding, (b) decida any matters in contro-versy among the partian, (c) determine, in uncontested proceedings, whether the NEPA review conducted by the Commission's Regulatory Staff has been adequate, and (d) independently consider the final i

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balance amons conflicting L f actors - contained in the record of the'-

i proceediaa [ embedded-de-the-eemenuetea-ef-ehe-Beeettsd-Steeensee) l for the permit.: or license with-a view - to determining the appropriate i

action-to be taken.-

1-j' The Atomic Safety-and Licensing Board, on the basis of its conclu-j-

sions on the above matters, shad, determine whether the permit or L

L license should be granted, denied, or oppropriately: conditioned -

l to protset environmental values.- The Atomic Safety and Licensing l

Board's initial decision will include findings and conclusions i

which may affirm or modify the contents'of the Detailed Statement described in paragraph 8.. To the ex tant that - findings ;. and. con-clusions different from those in-the Detailed Statement are reached, the Detailed Statement shall be deemed modified to1 that l

extent and, as. modified, transmitted to the Council on Environ-nental Quality and mada. available to the public pursuant to paragraph 9.

If the Commission or tho' Atomic. Safety and Licensing -

Appeal Board, in a decision _ cuireview of: the: initial decision, reaches conclusions' dif ferent from the Atomic l Safety and Licensing-Board with respect to environmental ~ aspects,- the Detailed Statement shall be deemed modified -.t o that extent-and, as ' modified, trans-mitted to the Council on Environmental Quality and made available to the public pursuant to paragraph 9.;

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. 12.

The Atomic Safety and Licensing Board, during the course of the hearing on an application for a license to operate a production -

or utilizatica facility described in paragraph 1, may authorite, pursuant to 530.57(c), the loading of nuclear fuel in the reactor core and limited operation within the scope of $50.57(c), upon compliance with the procedures described therein. Where any party to the proceeding opposes such authorization on the basis of matters covered by this Appendix, the provisions of paragraph 11 shall apply in regard to the Atomic Safety and Licensing Board's determination of such mattara. Any license so issued will be with-out preiudice to subsequent licensing action which may be taken b7 the Commission with regard to the environmental aspects of the facility. and any licenJe issued will be conditioned to that effect.

- 1 13.

The Commissior. will lucorporate in all construction permits and operating licenses for production and utilization f acilities described in paragraph 1, s condition, in a(11 tion to any conditions imposed pursuant to paragraph 11, to the effect that the lice.nsee shall observe such standards and requirements for the procactic of the environment as are validly imposed pursuant to authority established under Federal and State law and as are deterndeed by the Coussission to be applicable to the facility that is subject to the licensing action involved.

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4 i This condition will not apply to radiological effecta since radiological effects are dealt with in other provisions of the-construction permit and operating license.

14. The Commission has determined that the following activities -

i subject to materials licensu.g may also significantly affect the quality of the environment:W (a) licenses for possession-l and use of special nuclear material for processing and fuel fabrication, scrap recovery and conversion of uranium hexa-fluoride; (b) licenses for possession and use of. source material-i for uranium milling and-production of uranium hexafluoride; and i

i (c) licensas authorizing commercial radioactive waste disposal l

by land burial. Applicants for such licenses shall submit two hundred (200) copies of se Envirmaantal Report which discusses the environmental considerations ; described in paragraphs _1-4.

j.

Except as the context may otherwise require,- proceduras and e

asasures similar to those described in [the-peeeedfeg-paragrapha)

Sections A. B. -D and E of this Appendix will be followed in pro-ceedings for ' the issuance of such licenses. The proceduras n'nd measures to be followed with respect to materials licenses will,-

of course, refleet the fact that, unina the licensing 'of pro-duction and utilisation lacilities, the licensing of _ materials 10f Additional activities subject to materials licensing may be deter-mined to significantly aff set the quality of. the environment-and -

thus be subject to the plovisions of this paragraph..

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U does not require separata authorizations for construction and j

operation. Ordinarily,l therefore, _ there will be only one.

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Applicant's Environanntal Report required and only one Detailed-Statement prepared:in connection with an application for a materials license. If a proposed subsequent licensing action involves -

l --

- environmental couiderations which differ significantly from _those discussed in the Environmental-Report filed _ and the Detailed:

i Statement previously' prepared in connection with the original i

l licensing action, a supplementary Environmental Report will' beLre-4

- quired and a supplementary Detailed Statement will be prepared.

t In a proceedina for the issuance of =a matarinia licanaa within the purview of this paranraoh where the reavirements ' of oara-l st anha 1-9 have - no t ma ve t baan==t. th e g r ivity for which-ehm i

l licensa is sought may be authori end vi th' anprnnrimta' 14=4 tatinna.

upon a showins that the - conduct of the mee4vi ev an 14=4 easm i

not have a mieni fi enne. Advaram inna e t an th e num14ev af'tha'-

i-environnant. Any licansa no inaumd will be withnut n caindf e.

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_ to subsequent licensing action which may be t ak en by the

' Commission with' renard to the enviran=antal asomets of the i

activity, and any license in aued will-be conditioned to that-effect.

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f,Iprodures for Review of Certain Licenses to Construct or Operate Production or Utilization Facilities and Certain Licenses for Source Matarial. Special Naclear Material and Byeroduct Material Issued in the Period Janusrv 1.1970 - (effective date of this amended Appendix D).

1.

All holders of Lal, construction permits or operating licenses for production or utilization facilities of the type described in Section A.1

[ mad-en-helders-of-fe ib], licenses for possession 2 i and use of special nuclear material for processing and fuel fabri- ) cation, scrap recovery and conversion of uranitse hexafluoride, [(kF),(,c), licenses for possession and use of source material for l e uranium milling and production of uranium hexafluoride, and [fe)) id), licenses authorizing commercial radioactive wasta disposal by land burial, issued during the period January 1,1970 - (effective date of this amended Appendix D) shall submit, as soon as poss!ble, but no later than (60 days af ter effective __ data of this amended, Appendix D), or such later date as may be apnroved by the Commission upon nood cause shown, the appropriate number of copies of an Environmental Report as specified in Section A.1-5. If an Environmental Report had been submitted prior te the issuance of the pervi or license, a supplement to tho.t Ra eo rt, covering 1 l-u

t , the matters described in Section A.1-5 to the extent not previously covered, may be submitted in lieu of a new Environmental Report. 2. Af ter receipt of any Environmental Report or any supplement to an Environmental Report submit. tad pursuant to paragraph 1 of this Section, the procedures cet out in Sections A.6-9 will be followed, except that comments will be requested, and must be received, within 30 days from Federal agencies, State and local officials and interested persons on Environmental Reports and Draf t Detailed S tatements. If no comments are submitted within 30 days by such apacies, officials or persons, it will be presumed that such agencies, officials or persons have no cossments to make. The Detailed Statement (or supplemental Detailed Statement, as appropriate) prepared by the Director of Regulation or his designee pursuant to Section A.8 will, on the basis of the analyses and evaluations described therein, include a conclusian by the Director of Regulation or his designes as to whether, after weighing the environmental, economic, technical and other benefits against nvironmental costs and considering available alternatives, the action called for is continuation, modification or termination of the permit or license or its appropriate conditioning to protect envircumental values.

t. 4 . 3. Upan preparation of a Detailed Statement or supplemental Detailed - Statement as specified in Section A.8 and paragraph 2 of this Section 5, the Director of Regulation will, in the case of a construction permit for a nuclear power or _ test reactor or a fuel reprocessing plant, publish in the FEDERAL REGISTER a rotice of hearing, in accordance with i 2.703 of this chapter, on NEPA environmental issues as defined in Section A.11, which hearing notice may be included in the notice required by paragraph 2. Upon preparation of a Detailed Statement or supplemental Detailed Statement as specified in Section A.8 and paragraph 2 of this Section B for any other permit or license described in Section Al { paragraph-1], the Director of Regulation will publish-a notice in the FEDERAL REGISTER, which may be included-in the notice required by paragraph 2, setting - forth his, or his designee e, conclusion as to whether, after weighing the environmental, economic, technical and other benefits against environmental costa and considering available alternatives, the action called for is continuation, modification or termination of the permit or license, or appropriate conditioning to protect environmental values and providing that, within 30 days from the date of publication of the notice, the holder of the permit or license may file a request for a hearing and say person whose intsrest may be affected by io

. the proceeding may. in accordance with $2.714 of this chspeer, file a petition for leave to intervene and request a hearing. In any hearing held pursuant to this paragraph, the provisions of - Sections A.10 and 11 will apply. The Cossaission or the cresidina Atomic Safety and Licensinn Bosrd, as appropriate, may prescribe [ta-the wett;; el i.eetes) the time within which proceedings. or any portions thereof conducted pursuant to this paragraph will - be completad. C. Procedures for Review of Certain Construction Permits for Production or Utilization Facilities Issued Prior to January 1.1970 ' for Which Operatinn Licenses Have Not Been Issued. 1. Each holder of a permit to construct a production or-utilization facility of the type described in Section A.1 issued prior to January 1,1970, for which-an operating license has not been issued, other than holders of construction permits subject to Section D, shall submit the appropriate number of copies of an Environmental Report as-specified in Sections A.14 of this - l Appendix as soon as possible, b'ut 'no later than (60 ' days af ter effective date of this amended Appendix D), or such later date' as say be approved by the Commission upon nood cause shown.- If an Envitonnental Raport had been submitted prior to (ef fective date L {- of this amended Appendix D), a supplement to that Raport, r

i...-

______.m_m.__ _ _ - - - - - - - - -

, covering the matters described in Sections A.1-4 to the extent not previously covered, may be submitted in lieu of a new Environ-mental Report.

2. - Upon receipt of an Enviroar. ental Report or supp1 mental Environmental Report submitted pursuant to paragraph l',

the procedures cet out in Sections A.6-9 will be followed, except that comments will be i requested, and must be received, within 30 days from Federal agencies, State and local _ officials, and interested persons on Environmental Reports and draft Detailed Statements. -If no commenta sus sub-mitted within 30 days.by such agencies, officials or persons it will be presmed that such agencies, officials or persons have. no comment to make. The Detailed Statement. (or supplemental Detailed Statement, as appropriate) preparsd by the Director of Regulation or his designee pursuant to Sectiou A.8 will,- on the basis of the analyses and evaluations. described therein, include a conclusion as to whether,- af ter weighing the environmental, I economic, technical and other benefits against environmental costs. and considering available alternatives, the action called for'is the continuation, modification;or termination of the construction permit or its appropriata conditioning to protect environmental values. Upon preparation of the Detailed Statement, the Director of-Regulation will publish in the FEDERAL REGISTER a notice, which

. may be included in the notics required by Section A.9, setting forth his, or his designee's, conclusion as respects the continu-ation, modification or termination of the construction permit or its appropriata conditioning to protect environmental values.- The notice will provide that eithin 30 days from the date of its publication, any person whose interest may be affected by the proceeding may file an answer to the notice setting forth any reasons why the license should not be continued, modified, terminated or conditioned as proposed. Any such person [The-asewer] may. _in accordance with 6 2.714 of this chapter. file a petition for leave to intervene and request a hearinR. (ruquee t-e -hdai. ) In any hearing, the provisions of Sections A.10 and 11 will apply to the extent pertinent ' The Cosmiirsion or the presidina Atomic S afety and Licensing Board, as appropriate. may prescribe [in the-not+ee-of-heerfsg) the time within which [a] proceedings or any cortions thereof. conducted pursuant to this paragraph will be completed. 3. The review of environmental matters conducted in accordance with this Section C will not be duplicated at the operating license stags, absent new significant inforr.ation mlevant to thesa matters. _A

~ . 4 D. Procedures Applicable to Fending Searings or Proceedings [ Net 6eed-fer Meerlag-Pr6ee-to-Geteber-941-1974,} to be Noticed in the Near Future 1. In proceedings in which hearings are pending as of (effective j date of this amended Appendix D) or in which a draf t Detailed t Statement of environmental considerations prepared byL the Director o,f Regulation or his designee has been circulated prior to'said date. (nettee-sf-heartag-to-6eemed-en-et-before-9etebee-31 -1971 ) 3 7 the presiding AL,mAc Safety and Licensing Board will, if the I requirements of paragraphe 1-9.of Section A have not as yet been l l met, proceed expe'ti ausly with the aspects [redietegiest-heeleh and-eafety-sepeete) of the: application related to the - Commission's licensina requirements under the Atomic Energy Act pending the submission of Environmental Reports and Detailed Statements as specified in Section A and compliance with the requiremanta of l l . paragraphs 6, 7 and 9 of Section A. If an Environmental Report j had been submitted, a supplement to that Report, covering the matters described in. Sections A.1-4 to the extent not previously i j covered, may be submitted in lieu of a new Environmental. Report. I Upon receipt of-the new or supplemental Envirennental Report, the procedures set out in Sections A.6-9 will be followed, except that comments will be requested, and must be received, within 30 days from Federal agencias, State and local officials, and interested e i E

. - ~ - - e ' persons on environmental Reports and draft Detailed Statements. If no comments are submitted within 30 days by such agencias, officials or persons, it will be presumed that such agencies. 1 l of ficials or persons have no comment to make. In _ any subsequent session of the hearina bald on the matters covered by this Appendix. the provisions of Section A.10 and 11 will appiv to the extent pertinent. The Commission or the presiding Atomic Safety and Licensing Board. as appropriate, may prescribe the time within which the proceeding 2 or any portion thereof will be completed. 1 2. In a proceeding for the issuance of an operating license where - the rec,uirements of paragraphs 1-9 of Section A have not as yet been met and the mattar is pending before an Atomic Safety and Licensing Board, the applicant may make, pursuant to _l 50.57(c), _ a motion in writing for the issuance of a license authorizing the loading of fuel in the reactor core and limited operation within the scope of 5 50.57(c). Upon a showing on the record that the proposed licensing action will not eignif teenety-effect have l a sinnificant, adverse impact on the quality of the environment and upon satisf action of _ i.ie requirements of 5 50.57(c), the presiding Atomic Safety and Licensing Board may grant the applicant's motion. If any party, including the staff, opposes the request, the provisions of 5 50.57(c) will apply with respect to the resolution of the objections of such party and the making of 4 -e +, w

s . 31 - findit.s required by 5 50.57(c) and this paragraph. _The Comuni s s f un or the presidina Atomic Safety and Licensint Board, as appropriate. may prescribe _the time within which the proceedinn. or any portion thereof. will be comleted. Any license so issued will be without prejudice to subsequent licensing action which may be taken by the Commission with regard to the environmental aspects of the f acility, and any license issu:.d will be conditioned to that effect. 3. This paragraph applies to proceedings on an application for an operating license for which a notice of opportunity for hearing was issued prior to October 31, 1971. and no hearing has been requested on the-matters covered by this Appendix. If, in such proceedings, the requirements of peragraphs 1-9 of Section A have not as yet been met, the Comunission may issue a license authorizing the loading of fuel in the reactor core and limited operation within the scope of 5 50.57(c), upon a showing that 'such licensing action will not stantiteently-effeet have a significant. adverse impact on the quality of the environment and upon making the appropriate findings on the matters specified in 5 50.57(a). Any license so issued will be without prejudice to subsequent licensing action which may be taken by the Commission with regard to the environmental aspects of the facility, and any license. issued will be conditioned to that effect. -When the requirements of paragraphs 1-9' of Section A have been met. the provisions of_ Section B.3 applicable to operating licenses will be followed. ~.. -.

o. I E. Consideration of Suspension of Certain Permits and Licenses landing NEPA thvironmental Review. 1. In regard to proceedings subject to Sections B and C, the 4 Ceramiroien will consider and determine, in accordance with the provisioca of paragraphs 3 and 4 of this Section E, whether the pruit or license shouM be suspenaed, in-whole or in part, pending ccepWisa of the NEPA environmental j review specified in those sections. 2. In making the determination called for in paragraph 1, the Comai aion will consider and balance the following factores i (a) Whether continued construction or operation during the prospective review period will give risa-to a i significant adverse impact on the environment; the nature and extent of such impact, if any; and whether i redress of any such adverse environmental impact can reasonably be offact6d should modification, suspension or termination of the permit or license result from the.- e l ongoing NEPA environmental review. (b) Whether continued construction or operation during the prospective review period would foreciose sub- -sequent adoption of alternatives in facility design or operation of the type that could result from the ongoing NEPA environmental review.

l. j.. ( , L, j (c) The effect of delay in facility construction or opera-t tion upon the ~ publig interest.- Of primary'importance under this criterion are the power.needs to be. served 1 by the facility; the availability of alternative sources,- i if any,- to aset those needs on a timely basist and delay costs to the licensee and to consessors. { 3. Each holder of a permit or license subject to sections B 3 or C shall furnish to the Commission, wethen before (30,4,0, days 0 f. af ter ef fective date of this amended Appendix D) or such later date as may be approved by the Commission upon nood course shown, a written statement of, any reasons, with supporting factual sub nission,' why, with reference to the critaria in paragraph 2 - i the permit or license should not be suspended, in whole or in i part, pending completion of the NEPA environmental review specified in Sectic-s-B or C. Such doctaments' will be publicly available and any interested person may submit comments thereon i-to the Commission. I ' 4. The Commission will thereaf ter ' determine whMher the permit I-or license shall'_be suspended pending NEPA environmental-review and will publish that-determination in the FEDERAL-j= REGISTE!L. A public announcement of that determination will also [ be made. i j i L . ~ -

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--x_ I l (a). If the Commission determines that the permit or license 4 shall be suspended, an order to show cause pursuant to r Sec. 2.202 of this chapter shall be seru ! upon the licenses and the provisions of that section followed.11/ (b) Any person whose interest may be affacted by the proceeding, other. than the licensee, my file a request - l~ for a hearing within 30 days after publication of the Commiss' ion's de' termination on this matter in the FEDERAL RECISTER.. Such request shall see forth the i matters,-with reference to the criteria set out in - paragraph 2, alleged-to warrant a suspension determination j-other than that made by the Commission, and shall set i forth the factual basis for tho' request. If the Commission j determines that the matters stated in such request warrant a hearing, a notice of hearing will be published in the FEDDAL RECISTER. l t i j (c)- The Commission or tho' presidina Atomic Safety and Licensing i l Board. ' as appropriate. may prescribs to-the-eeeeee-ed [ 10 CFR Sec. 2.202 among other things,-provides for institution of a= . proceeding to modify, suspend or revoke a license by issuanes ofian 4j' order to show cause and provides an 'opertanity for hearing. i l r 4 6 a 4 4 e ir s e + e =. -,,.~e.-..--,-.,,.~.. -.. e w e o wi ,-w.p.-==w w +w. wa ve,ww w y awwv

4 - 33 heceses the time within which.a proceeding, or any portion thereof, conducted pursuant-to this paragraph shall be ccepleted. l (Sec. 102, 83 Stat. 853; seco. 3, 161; 68 Stat. 922, 948, as amended; f 42 U.S.C. 2013, 2201) Deted at Washington, D.C., this day of 1971. l FOR THE ATOMIC ENERGY COOGSSION i Secretary of the Commission i o t

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