ML20116N550
| ML20116N550 | |
| Person / Time | |
|---|---|
| Site: | Satsop |
| Issue date: | 08/16/1996 |
| From: | Reynolds N WASHINGTON PUBLIC POWER SUPPLY SYSTEM, WINSTON & STRAWN |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#396-17869 OL, NUDOCS 9608220168 | |
| Download: ML20116N550 (14) | |
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/7FM DOCKETED LW o.C August 16, 1996 TG :"~ 19 EC Cl UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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Washington Public Power
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Docket No. 50-508-OL Supply System
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(Nuclear Project No. 3)
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MOTION FOR WITHDRAWAL OF APPLICATION Pursuant to 10 C.F.R.
S 2.107(a), the Washington Public Power Supply System
(" Supply System"),
the applicant in this proceeding, requests the issuance of an order authorizing the withdrawal of the Operating License ("OL") application at issue and terminating the proceeding.
In 1983, the Supply System notified the Licensing Board that construction of the WNP-3 project would be deferred indefinitely.
The project has been preserved in a deferred status since that time, in accordance with the NRC's " Policy Statement on Deferred Plants" (52 Fed. Reg. 38,077 (1987)).
On May 13, 1994, the supply System Board of Directors voted to formally terminate the WNP-3 project.
At the time, the Supply System wished to 9608220168 960816
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maintain the Construction Permit ("CP") in effect and to continue i
the deferred status of the OL application in order to maximize the value of the project and the equipment for an interim period.
The Supply System apprised the Licensing Board of these developments by letter dated May 17, 1994 (with an update on February 15, 1995).
As described in the attached correspondence to the NRC Staff dated August 8,
1996, the Supply System has now determined that it is no longer necessary to maintain the CP and the deferred OL application.
The Supply System currently is developing plans to transfer ownership of the entire site (which includes the previously terminated WNP-5 project) to a new interlocal agency formed by Grays Harbor County, the Port of Grays Harbor, and Grays Harbor PUD.
The new agency will be known as the Satsop Adaptive I
Redevelopment Program ("SRP").
This transfer was made possible by 1
a recent change to Washington State law (RCW S 80.50).1' The WNP-3 project will not be completed as a nuclear power plant; rather the l'
Attached is a copy of Washington Senate Bill No. 6427, which was enacted into law on March 6, 1996.
The Act amends RCW 80.50.010 and adds new sections to chapter 80.50 to address transfers of unfinished nuclear power projects and " [t]o avoid costs of complete site restoration and demolition.".
SRP will adapt and use the site and structures for economic development purposes.
The Supply System is now prepared to terminate the existing CP, to withdraw the application tor an OL, and to seek termination of this proceeding.
Due to the early deferral and cessation of construction, there is no nuclear fuel at the site and the unfinished WNP-3 plant is incapable of being operated as a
" utilization facility."
Under the Washington state law cited above, as amended, the state regulatory authority regarding site restoration may be assigned to the local government.
If the pending transfer to the SRP is completed, the SRP would have that authority.
Any restoration required by the SRP at the time of the site transfer would be addressed by the Supply System.
Under the current circumstances, there is no basis or need for conditions on the withdrawal of the OL application or on the termination of this proceeding.
- See, u,
Duke Power Company (Perkins Nuclear Station, Units 1, 2 and 3), LBP-82-81, 16 NRC 1128 (1982).
g on the basis of the foregoing, Applicants move that the Board issue an order authorizing withdrawal of the application and termination of the proceeding.
Respect.ul:fysubmitted, l
Nichold 3.
Re molds Iepka David A.
R WINSTON & ST WN 1400 L Street, N.W.
Washington, DC 20005-3502 (202) 371-5700 Attorneys for Washington Public Power Supply System Dated in Washington, DC this 16th day of August, 1996
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l WASHINGTON PUBUC POWER SUPPL.Y SYSTEM
?.O. Box 96R
- 2000 Gavire Washstr5 ton Way
- Udtlesa. Washtrapart 99352-0968 * (509) 372 500 August 8,1996 GO3-964110 Docket No. 50-508 Mr. James M. Taylor Executive Director for Operations U.S. Nuclear Regulatory Commission 1
Washington, D.C. 20555 Dear Mr. Taylor-
Subject:
WASHINGTON PUBLIC POWER SUPPLY SYSTDI NUCLEAR PROJECT NO. 3 TERMINATION OF CONSTRUCTION PERMIT The Washington Public Power Supply System (Supply System) Boani of Direc: ort vote May 13,1994, to formally terminate me parcally completed, and previctsly deferred, Supply System Nuclear Project No. 3 (WNP-3).
At that time, you were informed that the Supply System intended to keep the NRC Consmicnon Permit (CP)in effect in order to maximize the value of Be project for an interm pened prior to site restoration.
The Supply System has determined that the NRC license is no longer necemy to m value of the project.
Accordingly, the Supply System requests the termination of the !
Construction Permit (CPPR-154) and the withdrawal of the pending Operating License (O application for WNP-3. The Supply System will file a separate request with the Atomic and Licensing Board to terminate the pending OL application hearing.
The Supply System is currently developing plans to transfer ownership of the entire site '
(including pmviously terminated WNP-5) to an interlocal agency formed by Grays Earoor '
County, the Pott of Grays Harbor, and Grays Haroer PUD. 'niis new agency will not complete the project as a nuclear power plant; rather they plan to adapt the site and certain strucmres for economic development purposes.
Mr. James M. Taylor TERMINATION OF CONSTRUCTION PERNUT Page 2 This transfer has been enabled by a recent change to Washington State law (RCW 80.50). The change was made to encourage the transfer of the plant site to the local govemment for the purposes of promoting economic development. The revised law also reassigns the existing regulatory authority for site restoration from the state to the local government. Any restoration of the transferred properties required by the local government will be addressed at the time of i transfer.
i We will keep you apprised of further developments on this subject. Should you have any questions or desire additional information regarding this matter, please contact me or Mr. D.W.
Coleman at (509) 377-4342.
Respectfully, c
6 J.V. Parrish Chief Executive Officer (Mail Drop 1023) cc:
Document Control Desk U Callan - NRC RIV KE Perkins, Jr. - NRC RIV, WCFO MM Mendonca - NRC NRR NS Reynolds - Winston & Strawn DL Wilhams - BPA/399
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CERTIF~ CATION OF ENRCLLMENT 1
I ENGEOSSED SUBSTITUTE SENATE BILL 64T/
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54th Legislature 1996 Regular Session l
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Passed by tr.e Ser. ate recruary 3, 1996 OI2T 7- *.ATI YEAS 49 NAYS 0
!, Mart i.3rown, Socratary of the do heremy certify t..at the attact.ed is 230CRCSSED SUBST 7JTE SDEATE RILL President of the Senate 6427 ss passed by
.e Senate and the Heuse of Reoresentatives On the Passed by the Meuse Tecruary 23, 1396 dates hereen set f:r...
YEAS 33 NAYS 0 i
Speaker of the Secretary House of Representatives Approved T!i.ID j
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secretary of state Governor of the State of Washington State of 'Jashington l
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ENcRocSED OUB TITUTC StHATE BILL 6427 State of Washingten 54th Lagin1sture 1946 Regular senmien By Senate Conun10:ee on
- Energy, Telecor:rnunica :.ons Ut:.lities (orig inal'.y muuuzured by Senalv.3 Snyder, fistgruve, Sulherland, Owen, Loveland and Newhcuse)
Read first tizco 02/02/96.
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AN ACT Re:.aling Lu ihe res wrs Liun :nd redevelupuwuL uf an unfinished nuclear ener;y fac:.lity: a:nend:.nq RCW 30.50.010; adding new sections to chapter 30.50 RcW adding a new section to chaptar 13.21C RCW) and declar:.ng sn emergency.
BE IT INACTED BY Tr._m. LEGI51.ATURE OF ""HE STATE OF *iASEINGTON:
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RCW 50.50.010 and 1975 *76 2nd e::. s. c 108 s 29 are each amnded to read as follows:
The *.cgi:lature fr.nd: that the precen and pred =ted growth :.n energy detunada a Lhe >LaLe vf Washingluu requites Lhe develupueul uf a procecure tor the selection and util :ation c sites tor energy facilities and the identification of a stata position with respect to each proposed site.
The 'egislature reccgni:es that the selection of l
s:.te s will have a
s:.quificant i:ncact upon the welfare of the population, the location and growth-of industry and the use of the natural recourecc of the : tate.
It is the polic*f of the state Of Washington to recogni:e the pressing need for :.ncreased energy f ac:.1:.tles, and to ensure through availaole and rea=onabic method =, that the location and o pe rst:.o n of such facilities w 11 produce minunal adverse effects on the
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environment, ecciogy of the land and its wildlife, and the ecology of state waters and their aquatic life.
Tt is the intent tn capk ennrsas of actinn that will nalance tha increasing demand: for :ncrgy facility location and operation
- .n vuujunctivu with Lhe bruad luterumia of the public.
Such acliun will i
te casec en tnese premises:
(1) To assure Washington stata cit : ens that, where applicable, l
operational safeguards are at least as stringent as the criteria established by the federal government and are technically sufficient
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for thei r wai f ara and prntacrinn.
(2) To preserve and protect the quality of the environment; to enhance the public
- s opportunity to en cy the esthetic and recreational j
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hanafits nf the
- air, water and land rosnnremst en premnta air cleanliness; and to pursue beneficial changes in the environment.
(3) Tu providw abundaal wuergy al reanuuable cum L.
(4) To avo:.3 tosts or complete site restoration and demo 11 lon or I
increvements and infrastructure -
unfinished nuclear energy sites, and
- n uce $1nfi n i c hed n ne l aa r anoverr Sc,1*-apc fnv mnbl'c ocac.
nc i n,d i nn economic develar=*nt, *mder the reculatory and manacement control of incal governments and pnet di stricts, l
2.
A new section :.s added to chapter 30.50 RCT to read as follows:
(1) This section applies only to unfinished nuclear power pro 3ects that are not located on federal ;:roperty.
if a certificate hcider l
stops construction cf a nuclear energy facility before completien, l
terminates the preject or otherwise resolves not to complete construction, never introduces or stores fuel for the energy facility j
on the site, and acver operates the energy fae:.11ty as designed to l
produce
- energy, the cert:.ficate holder may
- contract, cetablich l
inLwrlucal syrewumula, ur adw uLhwr furaal unsaus to ef fec t Lhe Lraumfer t
or site restoration respons uilities, wnica may include economic development activ ties, to any political subdivision or subdivisions of
.he state composed of elected officials.
The contracts, interlecal agreements, or other formal means of cooperation may include, but are not limited to provisions effect:.ng the transfer or conveyance of r
l interect: in the cite and energy f ac:.litice frem the certificate holder
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to other pol:.tical subdivisions of the state, including costs of i
maintenance and security, c ap:.tal :.mprovements, and demoi.tlon and l
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l salv:ge of the unusec energy facilities and Infrsstructure.
J (2) If a 0-3r Lficate nolder transfers all or a portion of the site pol r cal anMi vi si nn nr anMi vi sions of tha <tata enmpomad of in a ciccted officiale and located in the :ame county ac the cito, the council shall muwud the site te:Lafic Llun agtewaticul Lu :.1:sleas e Lhude portions or the site tnat are trans:errec pursuant to this section.
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Inunediately upon release of s11 cr a portion of the sita pursuant to this section, all responsibilities for maintaining the public welf are, including but not 11 nited to health and safety, are transferred to the pnl i ti ca l anMivi sinn nr anMiviminns of the crara.
(3) The legisisture finds that ensuring water for site restorstion 1.ncluding economic development, completed pursuant to this section can heat ha acenmplished by a transfer of avisting curface water ri ghrm,
and that such a transfer is best acccmplished administratively through pwceduaem zwL !vrth in exi= Ling = Ls Laea and rules.
Howwwr, if a transrer c: water rignts is
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- possitie, ne cepartment ct ecciogy shall, v:. thin si:: months of the transfar of the sata or portien thereof pursucnt to subsection (1) of this section, create a trus: water right under chapter 90.42 RCM containina between ten and twenty cubic feet par cacond fnr tha hanefit of the apprnpriare pnlitical anMivi sinn or subdivisions of the s:ste.
The trust water right shall be used an fulfilling mile rwmLu.4Livu respundibilitiva, including wcunumic development.
The trust water ::cht shall be fr:m e::: sting valid water
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rights within the basin wnere the sita is located.
3.
A new section is added to chapter 50.50 xCw to read as follows:
portions touncil sctions pursuant to the transfer of the site or of the site under section 2 of this act are exemp from the ::rovisions j
o f c h a prar H. 21 r' CA.
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A nww decLivu is added La chapter 43.21C RCW La twad cd i
1 follows:
portions touncil actions pursuant to the transfer of the s :.ta or of the site under sect:.on 2 of this act are exemp from the provisions of this chapter.
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If :ny provision of this set or its :pplication to any person or circumstance is held invalid, the remainder of the act er the J
application of the provisien to otner persor.
or :ircumstances is not affected.
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Thi: act i: necc==ary for the imr.ediato preecrration of the public peauw, healLh, ur safety, v:; s u ppu t.; *. vf the > Late guver mess L asid its e:cisting ;;uD110 Institutions. and snali taxe ettact 3::neciately.
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LINITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board in the Matter of
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Washington Public Power Supply System
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Docket No. 50-508-OL
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(Nuclear Project No. 3)
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NOTICE OF APPEARANCE Notice is hereby given that the undersigned attomey herewith enters an appearance in the captioned matter. In accordance with 10 C.F.R. s 2.713(b), the following information is provided:
Name:
David A. Repka Address:
Winston & Strawn 1400 L Street, N.W.
Washington, DC 20005 Telephone Number:
(202)371-5726 Admissions:
District of Columbia Court of Appeals U.S. Court of Appeals (Fourth Circuit)
Name of Party:
Washington Public Power Supply System P.O. Box 968 Richland, WA 99352 N
F David A. Repka Winston & Strawn Counsel for Washington Public Power Supply System Dated in Washington, DC this 16th day of August,1996
DOCKETED UbNOC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION E E 19 PS :47 Before the Atomic Safety and Licensina Board f-I Gg In the Matter of
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ORANCH
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Washingtor Public Power
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Docket No. 50-508-OL Supply S, stem
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(Nuclear Project No. 3)
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CERTIFICATE OF SERVICE 4
I hereby certify that copies of the foregoing " MOTION FOR WITHDRAWAL OF APPLICATION" and " NOTICE OF APPEARANCE" in the above-captioned proceeding have been served upon the following persons by j
deposit in the United States mail, first class, except as otherwise noted and in accordance with the requirements of 10 C.F.R.
Section 2.712, this 16th day of August, 1996.
Adm. Judge Charles Bechhoefer Office of Commission Appellate Chairman, Atomic Safety and Adjudication Licensing Board U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Office of the General Counsel Adm. Judge Frederick J.
Shon U.S.
Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Mr. Eugene Rosolie Washington, DC 20555 Coalition for Safe Power 133 South West 2nd Adm. Judge Richard F.
Foster Suite 302 Atomic Safety and Licensing Portland, Oregon 97204 Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
e Ms. Nina Bell Adjudicatory File Northwest Environmental Atomic Safety and Licensing Advocates Board Panel 133 South West 2nd U.S.
Nuclear Regulatory Suite 302 Commission Portland, Oregon 97204 Washington, D.C.
20555 Regional Administrator, Mr. David A.
Swank Region IV Manager, Regulatory Affairs U.S.
Nuclear Regulecory Washington Public Power Supply Commission System 611 Ryan Plaza Prive P.O.
Box 968, Mail Drop PE20 Suite 400 Richland, Washington 99352 Arlington, TX 76011-8064 Office of the Secretary Mr. Frederick S. Adair Attn:
Docketing and Service Chairman, Energy Facility Section Site Evaluation Council U.S.
Nuclear Regulatory State of Washington Commission P.O.
Box 43172 Washington, D.C.
20555 Olympia, Washington 98504 i
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David A.
Repka l
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