ML20128B684
| ML20128B684 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 05/17/1985 |
| From: | Rayner R WEST VALLEY NUCLEAR SERVICES CO., INC. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20128B682 | List: |
| References | |
| OL, NUDOCS 8505280020 | |
| Download: ML20128B684 (12) | |
Text
m e
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY 2WTL(ICENSING BOARD t,5Mc In the Matter of 1
MAY 24 A10:15
)
ARIZONA PUBLIC SERVICE tp))rr cWQophet Nos.
STN 50-529 COMPANY et al.
(10 ; dim A SLP "
STN 50-530
)
ERANCH (Palo Verde Nuclear Generating)
Station, Units 2 and 3)
)
)
WITHDRAWAL OF PETITION TO INTERVENE Intervenor, West Valley Agricultural Protection Council, Inc. (hereinafter " West Valley"), hereby (i) with-draws its Petition to Intervene filed in this proceeding on October 14, 1982, including all contentions stated therein and in any stipulation filed in this proceeding, its request for a hearing on such contentions and all other requests for relief and (11) consents to the entry of an order or orders by the Board dismissing with prejudice the proceeding on such petition and contentions and authorizing the director of Nu-clear Reactor Regulation, upon making requisite findings in
)
accordance with the Commission's regulations, to issue oper-ating licenses authorizing operation of Palo Verde Nuclear Generating Station, Units 2 and 3, respectively, for terms of not more than 40 years.
The foregoing withdrawal and consent is made on the basis of a Settlement Agreement entered into by West Valley fD?
f G
4 and Arizona Public Service Company as Project Manager and Operating Agent of Palo Verde Nuclear Generating Station, acting on behalf of all joint applicants, which through pro-vision for additional agricultural monitoring, and other com-mitments of the parties thereto, resolves to the satisfaction of West Valley and its members all issues and contentions raised or attempted to be raised by the Petition to Intervene in this proceeding.
Accordingly, West Valley does not intend to further prusue said issues or contentions in this procceeding or to participate further in the proceeding.
Respectfully submitted, f
E DATED: 5 - / 7-JS-ay ~#~ g#fM s-Ronald Rayner
/
President, West Valley Argicultural Protection Council, Inc.
01ACG0300A 2
L
4 SETTLEMENT AGREEMENT 1.
This Settlement Agreement, dated May 20 1985, is entered into by Arizona Public Service Company
("APS"), as the Project Manager and Operating Agent of the Palo Verde Nuclear Generating Station, acting in its own be-half as a joint owner thereof and as agent for all other-joint owners thereof, and West Valley Agricultural Protection Council, Inc.
(" West Valley"), acting in its own behalf and for the benefit of its members, for the purposes of resolving all contentions and issues raised by West Valley in its Peti-tion to Intervene filed in the proceeding pending before the U.S. Nuclear Regulatory Commission ("NRC") on the application for operating licenses for Palo Verde Units 2 and 3 in NRC Docket Nos. STN-50-529 and STN-50-530 and terminating such proceedings with respect to West Valley's intervention and 4
all issues and contentions raised thereby.
i 2.
APS and West Valley, for and in consideration of their mutual promises and covenants as hereinafter set forth, covenant and agree as follows.
l l
3.
Obligations of West Valley i
l 3.1 Immediately upon receipt of a copy of this Settlement Agreement duly executed by APS, West Valley l
(
shall withdraw its Petition to Intervene in the aforemen-tioned licensing proceedings by filing a document substan-tially in the form of Appendix 1 attached to this Settlement 4
)
m 4
s s
-Agreement.
EaQh of the partie agrees to bear its own costs, expenses and attorneys' fees incurred in connection with such intervention.
3.2 West.. Valley and its members shall cooper-ate with APS in the performance of its obligations to conduct the additional agricultural monitor'ing described in Section 4 hereof and all other agricultural monitoring which APS is required by law or in'its sole discretion may elect to con-duct, including specifically' but without limitation coopera-tion in the e, election and establishment of monitoring sites and the collection c4 the data required by this Agreement and dustfall, leaf samples and soil samples.
3.3 West Valley represents and warrants that this Settlement Agreement has been duly authorized by its Board of Directors and that the parties signing on behalf of West Valley are legally authorized to bind such entity.
4.
Obligations f APS 4.1 APS will expand its.
agricultural t
monitoring program currently required by the Environmental l
Monitoring Pr'ogram incorporated in' License No. NPF-34 issued by the U. S. Nuclear Regulatory Commission (NRC) authorizing l
the operation of Palo Verde Unit 1 to conform with the re-r quirements set forth in Sections 4.2,: 4.3 and 4.4 hereof.
l l
4.2 The additional agricultural monitoring j
shall consist of l
(i) cotton
- square, bloom' and boll
- counts, t
l !
a-(ii) insect population counts, and (iii) measurement by sensing instruments of site specific temperature and humidity conditions at weekly intervals (or such other intervals as APS and West Valley may, after consultation with the independent consul-tant engaged in accordance with Section 4.4 hereof, agree) during the cotton growing season (generally May through Sep-tember) at three cotton field sites within a 10-mile radius of the Palo Verde Unit 2 cooling towers and at two cotton field sites outside such 10-mile radius, and final yield determinations at such sites.
4.3 APS shall commence such additional agri-cultural monitoring as soon as practicable and continue it until such time as all three Palo Verde units shall have been in operation during three full cotton growing seasons at power levels equivalent to 90% of the maximum level currently authorized for Palo Verde Unit 1 (i.e.,
reactor core thermal' output of 3,800 MW); provided that in the event NRC shall authorize operation of any Palo Verde Unit at a reactor core thermal output greater than 4,000 MW, then APS shall continue or-resume such additional agricultural monitoring, if West Valley shall so request in writing, for at least three full cotton growing seasons after operation of all three units at power levels equivalent to'90% of the increased licensed limit.
_=
o.
4 4.4 APS shall in good faith endeavor to en-gage the University of Arizona Agricultural Extension Service to (i) serve as a consultant in the selection of the five sites,.(ii) supervise and employ the personnel necessary to i
conduct such additional monitoring, and (iii) annually evalu-ate and report the data collected from such additional moni-toring and from any other data which may be available to it and-it deems to be relevant.
In the event APS is unable to engage the Extension Service to perform such services, APS will engage, after consultation with West Valley, another independent, qualified consultant acceptable to West Valley to provide such services.
4.5 APS shall not be obligated to spend more than $20,000'per year (exclusive of the additional cost of l
purchasing.the site specific sensing instruments referred to in Section 4.2(111) above) to conduct such additional agricultural. monitoring, including the evaluation and reporting of data collected.
In the event the costs of conducting -such additional agricultural monitoring shall exceed $20,000 per year, APS may modify such program by either extending the intervals between counts or reducing the number of cotton field sites or both; provided, however, APS shall not make any such modifications without consultation with and consideration of comments made by West Valley.
4.6 Costs and expenses of the additional ag-I ricultural monitoring shall be borne by APS, provided that
^
. i-
e
..k neither West Valley nor any member thereof shall make any charge for the maintenance of and/or access to any monitoring station located on his land.
4.7 Data collected and reports and evalua-tions made respecting this additional agricultural monitoring shall be made available to West Valley members at the Phoenix i
i offices of the Extension Service.
5.
This Settlement Agreement is executed within the State of Arizona and shall be governed by, enforceable and interpreted in accordance with the laws of the State of Arizona.
IN WITNESS WHEREOF, APS and WEST VALLEY have caused this Settlement Agreement to be executed by the duly author-ized undersigned officers on the date first above written.
Arizona Public Service Company as Project' Manager and Operating Agent of Palo Verde Nuclear Generating Station G
m s
ELL NR By LC E.
E. Van Brunt, Jr.
^
APS Vice-President Nuclear 4
Production ANPP Project Director West Valley Agricultural Protection Council, Inc.
ff w
By
~
4A A Pre s'ident
/
- s APPENDIX I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
ARIZONA PUBLIC SERVICE
)
Docket Nos.
STN 50-529 COMPANY et al.
)
STN 50-530
)
(Palo Verde Nuclear Generating)
Station, Units 2 and 3)
)
)
WITHDRAWAL OF PETITION TO INTERVENE Intervenor, West Valley Agricultural Protection 2
Council, Inc. [ hereinafter " West Valley"), hereby (i) with-draws its Petition to Intervene filed in this proceeding on October 14, 1982, including all contentions stated therein and in any stipulation filed in this proceeding, its request for a hearing on such contentions and all other requests for relief and (ii) consents to the entry of an order or orders by the Board dismissing with prejudice the proceeding on such petition and contentions and authorizing the director of Nu-clear Reactor Regulation, upon making requisite findings in accordance with the Commission's regulations, to issue oper-ating licenses authorizing operation of Palo Verde Nuclear Generating Station, Units 2 and 3, respectively, for terms of not more than 40 years.
c 3.-
- 4 _
The foregoing withdrawal and consent is made on the basis of a Settlement Agreement entered into by West Valley and Arizona Public Service Company as Project Manager and Operating Agent of Palo Verde Nuclear Generating Station, acting on behalf of all joint applicants, which through pro-vision for additional agricultural monitoring, and other com-mitments of the parties thereto, resolves to the satisfaction of West Valley and its members all issues and contentions raised or attempted to be raised by the Petition to Intervene in this proceeding.
Accordingly, West Valley does not intend to further prusue said issues or contentions in this procceeding or to participate further in the proceeding.
Respectfully submitted, DATED:
By Ronald Rayner President, West Valley Argicultural Protection Council, Inc.
01ACG0300 n
v.
V UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 00t F ETET-USNRC
.In the Matter of
)
15 NAY 24. N0:15 ARIZONA PUBLIC SERVICE COMPAMY, )
Docket Nos. STN 50-529 et al.
)
STN 50-530;rr ;d ar nets,,,,
)
00CMETING & SEPvK (Palo Verde Nuclear Generating
)
BRANCH Station,' Units 2 and 3)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Settlement Agreement have been served upon the following noted persons by deposit in the United States mail, properly addressed and with postage prepaid:
Robert M. Lazo, Esq., Chairman Dr. James H. Carpenter Administrative Judge Administrative Judge Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm.
.U.S. Nuclear Regulatory Comm.
Washignton, D.C.
20555 Washington, D.C.
20555 Dr. Richard F. Cole Docketing and Service Section Administrative Judge Office of the Secretary Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm.
U.S. Nuclear Regulatory Comm.
Washington, D.C.
20555 Washington, D.C.
20555 Lee Scott Dewey, Esquire Dr. Dixon.callihan Office of the Exec. Legal Dir.
' Administrative Judge U.S. Nuclear Regulatory Comm.
Union Carbide Corporation Washington, D.C.
20555 P.O.~ Box Y Oak-Ridge, Tennessee 37830 Edwin J. Reis, Esquire Office of the Exec. Legal Dir.
U.S. Nuclear Regulatory Comm.
Washington, D.C.
20555 i
7_
v.
4 Warren Platt, Esquire Rand L. Greenfield Snell & Wilmer.
Assistant Attorney General 3100 Valley Bamk Center P.O.
Drawer 1508 Phoenix, Arizona 85073 Sante Fe, New Mexico 87504-1508 Arthur Gehr, Esquire Snell & Wilmer 3100 Valley Bank Center Phoenix, Arizona 85073 DATED:
f-/ 7-v#3 Ronald Rayner
/
President West Valley Agricultural Protection Council, Inc.
l
T:
4
. Warren Platt, Esquire Rand L. Greenfield Snell & Wilmer Assistant Attorney General 3100 Valley Bamk Center P.O.
Drawer 1508 Phoenix, Arizona 85073 Sante Fe, New Mexico 87504-1508 Arthur Gehr, Esquire Snell & Wilmer 3100 Valley Bank Center Phoenix, Arizona 85073 f
DATED:
f-/ ~~'-83 Ronald Rayner
/
President West Valley Agricultural Protection Council, Inc.