ML20127N696

Forwards Info Re Chronology of Important Events Re Events Involving Util Applications to AEC & Minnesota Water Pollution Control Agency to Construct & Operate Facility

ML20127N696
Person / Time
Site:	Monticello
Issue date:	01/28/1970
From:	Ramey J US ATOMIC ENERGY COMMISSION (AEC)
To:	Holifield C CONGRESS, JOINT COMMITTEE ON ATOMIC ENERGY
References
NUDOCS 9212010385
Download: ML20127N696 (7)

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January 20, 1970 o Y

lionorablo .Chet Holifield, Chairman' Joint Committee on Atomic Energy ~

(3fP Congress of the United States Dear fir. Ilo11ficid testimony van procented concerning events involving ,

Northern Statos Power Company's applicatior's to AEC and

. the liinnesota Unter Pollution Control Agency to construct and operate the Monticello Nuclear Generating Plant.  ;,

AEC representatives did not participate in or did notThe '

concult with the Minnesota Unter Pollution Control Agency .

I am cnclosing for the Joint Committec's information a chronology of the important events concerning this matter includin Agency. g the role of the Minnesota Pollution Control ,

i and correspondonce betucen the AEC and the MinnesotaT ,

Pollution facility. Control Agency in connection with the Monticollo i of consultation botueen AEC and Stato representatives on the substantivo aspacts of the proposed MPCA permit as well as procedural and jurisdictional questions. The ,

chronology also indicatos that an AEC reprocentative did i appear before the MPCA in, a public hearing on the permit. 1

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Executive Director of the nPCA, it was alleged that A . .

, representatives vero not cooperative with the HPCA. I can i AEC had to proscrvo its position on Federal n.

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The attached chronology recounts many instances of  !-

cooperation betwoon AEC and MPCA. -

In addition, the correspondence betucon Chairman Scaborg and Governor j

regulatory authority over radioisotopos ~ to the StatoL  ;

under Section 274 of tho Atomic Energy Act. I also t

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-2 offorod to the Governor and State officials the op-  :

portunity for tho Stato to cooperato with AUC and tho  :

U.S.. Public Health Service in monitoring radioactivo j' offluonto from Monticollo and other nuclear power plants.

A copy of my Minnosota spooch in which this area of ,

, cooperation is outlined is attached. . *

• 4 To my knowledgo, wo havo recoived'no affirmative reaction *

, to thoso offoro of cooporation with the State of Minnonota. '

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j- Sincoroly, i . f s ,

r Jamon T. Ramoy' '

.Commincionor i -':

Enclosure:

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Chronology i 4

Remarka by Comm. Ramoy in liinnosota 10/11/09 1 i

D.1 ctribution : -

Com'n. Ra'.ney (2) i Chairnan(2) . l.  :

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, Honorable Chet Holifield, Chairman. ' -

Joint Constittee on Atomic Energy 4 1 ,

! Congress of ths United States

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Dear Chett e i

During the hearings yesterday before thof Joint Constittee, -

a testimonywaspresentedconcerningeve/tsinvolvingthe i NorthernStatesPowerCompany'sappl/ationto.constructand operate the Monticello Nuclear Generating Plant. I am enclos-

! ing for the Joint Committee's info tion a chronology of the

important events concerning this- tter, particularly the role of the Minnesota Pollution Contr 1 Agency. This chronology summarizes the numerous meetin and correspondence between the AEC and the Minnesota Po11utio6 Control Agency in connection

, with the Monticello facility Sincerely,

/ -

N

! James T. Ramey Commisaioner

Enclosure:

Cnronology  ! Distribution:

Comm. Ramey'(2)-

Chairman (2)

'Comm.~ Johnson

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Form AEC-Sit illn 9 53) AECM 0240 tr u. a. novsanutav reentime erretti tese o-sito.so7

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Chronology of Significant Events -

! lnvolvJng the Northem States Power Conpany's j' Monticello Nuclear Generating Plant I

Tne Northern States Power Co:rpany (NSP) of-Minneapolis, Minnesota, filed j' an application dated August 1,1966, with the AEC for a pemit to construct

- Unit 1 of the Monticello Nuclear Generating Station, near Monticello,

Minnesota. Subsequently, on October 4,1966, NSP filed an application with-l the Minnesota Water Pollution Control Comission for a pemit to discharge liquid effluent from the plant into the fussissippi River.

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'A public hearing on we NSP application was held before an atomic safety

, and licensing board on my 25-26, 1967, in Buffalo, Minnesota. At this i hearing a representative of the Minnesota Water Pollution Control Conmission mad a statement which noted that NSP had applied for a discharge permit but

!- that no action had been taken on it. Tne representative stated that no

! problems were anticipated with respect to its issuance. /lso, in May 1967, j Minnesota established the Minnesota Pollution Control Agency (MPCA) which 4 superseded the Minnesota Water Pollution Control'Comission and assumd the authority of the forner Comrlssion to control the discharge of waste into State waters, including the authority to issue pemits for the discharge of

waste. - On July 29, 1967, Governor Harold LeVander appointed the seven j rembers of MPCA.

! On June 19, 1967, the atomic safety and licensing board issued an-initial decision authorizing the issuance of the construction permit to NSP. Provisional Construction Pemit CPPR-31 was issued on June 19, 1967 1

NSP filed a revised application for a pemit to discharge cooling water i

and other plant effluents from the plant with the MPCA on July ll,1967 This-application stated that radioactive wastes to be discharged from the -

plant would be in accordance with AEC regulations.

4 _ On January 16, 1968, the MPCA held an open moting with representatives -

i of NSP to discuss the application for a discharge permit. At that reeting 4-MPCA rember Steve J. Gadler raised the question for the first tim as to -

whether the State or the Federal Governmnt had jurisdiction regarding the regulation of radiological matters. The General Counsel of NSP stated that j; the AEC had this jurisdiction, a

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_ At its next neetirg on February 13, 1968, the MPCA received a letter

' from the Mayor of Minneapolis requesting that the NSP application for a discharge permit be denied on the grounds that the granting of such a pemit could result in a serious health threat to the city and "could lead to radioactiYe contamination of plants and animals over a large area."-

, Tnis meting was also attended by a number of interested citizens, including i faculty mmbers from the University of Minnesota, who registered their 4

opposition to the issuance of the permit.

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2 On February 27, 1968. NSP filed with the MPCA a legal brief supporting its position that the AEC had exclusive jurisdiction over radiological L matters at nuclear power plants.

i At a neeting on March 12,-1968, the M?CA agmed to appoint an outside ,

i expert consultant to assist in reviewing the NSP application. . The feCA retained the services of Dr. Ernest C. Tsivoglu of the Georgia Institute of

Technology.

! On June 4,1968, Mr. Robert Tuveson, Chaiman of the IECA and Mr. John Badalich, Executive Director of IFCA met at their request with the Director of Regulation and nembers of his staff in Esthesda. At this-I neeting the AEC safety standards regarding the discharge of radioactivity j from power reactors were discussed. .

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During the period from September 3,1968, to February 17, 1969, letters

! wem exchanged between the AEC regulatory staff and Mr. Badalich of the M?CA regarding radiological safety questions.

I On January 31, 1969, in a Menorandum of Law, the Special Assistant Attorney General for the State of Minnesota concluded that, absent an f

agreenent with the AEC, states have only "certain peripheral, complementary

' jurisdiction in the atomde energy field which ray be freely exercised when it does not conflict with national nuclear policy. There is no concurrent state-federal jurisdiction."

4 In a letter dated February 17, 1969, Mr. Badalich forwarded to Chairman Seaborg a copy of a report prepared by Dr. Tsivoglu recomending that MPCA apply nore stringent controls over radioactive discharges from the Monticello plant. than those specified in 10 CFR Part 20 of the AEC's '

regulations. it. Bada11ch requested the views of the AEC on the report j and docunentation of our position regarding the limitations of the States

. in establishing controls over the discharge of radioactive materials from i nuclear facilities. Receipt of this letter was. acknowledged by the Chairman on Farch 12, 1969, f On April 11,1969,?6.Bada11bhtransmittedtoCnairnanSeaborga 4

preliminary draft of a waste disposal permit for the Monticello plant which the i@CA intended to consider at a May 12 reeting. .The proposed permit set discharge limits for radioactive effluent below those rovided for in 1%s r in PasE oinJe n P e8 n "" *d** " * "* " " " >

On May 8',1969, Chaiman Seaborg responded to' Mr. Badalich's letter, calling attention to the limits on state authority ~over the regulation of.

radiological discharges from the plant imposed by the Atomic Energy Act.

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On Fay 3,1969, an opinion of the~ General Counsel of the AEC was

. published in the Federal Register as 10 CFR Part 8 of the Commission's regulations. In this opinion on the AEC jurisdiction over nuclear facilities and mterials under the Atomic Energy Act,

1t was. concluded

.that a state had no jurisdiction to regulate radioactive _ discharges from -

reactors from the standpoint of radiological health and safety.

l On Fby 12, 1969, AEC representative (Howard Shapar) appeared at a-3 public necting of the Minnesota Pollution ContIrl- Agency on the waste j disposal pemit ~for NSP. At the conclusion of the meeting, a permit j Islating to radioactive wastes was issued although Mr.;Shapar indicated-that the Atomic Energy /sct does not permit state regulation of radio-l active discharges from nuclear power plants.

3 On Pay 12, 1969, Governor laVander advised Chairman Seaborg of waste disposal pemit issuance,-stated he would have anticipated AEC would

! have acted affimatively to assert exclusive jurisdiction before MPCA acted, and urged that AEC not issue any. operating license that does not respect the. State MPCA regulations. Chairman replied on June 2, 1969, i

On May 20, 1969, Chairmn Seaborg responded to a request by Senator Muskie for AEC coments on recomiendations to-the MPCA by its l consultant, Dr. Tsivoglu. Copies of AEC coments were forwarded to O

Govemor LeVander.

On May 28, 1969, Mr. Badalich' transmitted a copy of the MPCA waste disposal permit to USP. Tne pemit contained restrictions on radio--

logical discharges be3ow those specified in 10 CFR Part 20. _ The permit -

was dated Fay 20,3969, i

On August 26, 1969, NSP filed a complaint in.the United States District Court,-. District of Minnesota, contending that MPCA lacked legal

authority to regulate levels of r4dioactive discharges from the Monticello -

plant and requesting that all conditions contained -in the MPCA pemit .

l relating to radioactive wastes be declared invalid. .

l-l On August 28, 1969, NSP filed a notice of appeal in courts of the

State of Minnesota from the conditions imposed on NSP in the MPCA

, permit alleging that- the Atomic Energy Act precludes the State exercise

, . of jurisdiction over radioactive wastes from the plant..

On September 12, 1969, Harold Price, AEC Director of Reg'ilation,-

transmitted to Mr. Paul Engstrom, President of the Minnesota Environtrental Control Citi:;en Association, answers to a series of questions by Mr. Gadler (MPCA) regarding the NSP nuclear generating plant at Monticello.

On October 9,1969, representatives of the 'AEC and Departnent of the Interior net with several numbers of the Minnesota-Wisconsin- congressional -

-delegation. - AEC outlined its lice'nsing and regulatory controls over power'-

reactors.-

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. s w) 11 On October 10-11, 1969, AEC representatives participated in a Synposium on Nuc1 car Power and _the Public at the. University of bilnnesota. -

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On October 24, 1969, the State of Minnesota filed an answe" to the conplaint filed by NSP in the U. S. District Court contesting the State's jurisdiction to n?gulate radiological discharges.

On October 30, 1969, NSP transmitted its co:ments on and objections to the Minnesota Pollution Control Agency waste disposal pemit for the Monticello plant to M.=. Tuveson, Chairman of the Agency.

On December 3,1969, the State of Michigan sought leave to file-a brief as amicus curiae in support of Minnesota in the NSP litigation.

On December 11, 1969, State of Illinois sought-leave to file a brief as amicus curiae in support of the State of Minnesota in the NSP litigation in U. S. District Court; On January 8-10, 1970, the Advisory Conmittee on Reactor Safeguards

- completed its review of the application for a provisional operating licanse for NSP'b Monticello Nuclear Generating Unit and believes that, if due regard is given to the items mentioned in its letter dated January 10, 1970, i

there is reasonable assurance that the Monticello plant can be operated at power levels up to 1670 W (t) without undue risk to the health and safety of the public. Copies of the report were transmitted to Governor j IcVander and Mr. Tuveson on January 21, 1970, a

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