ML20137F755
| ML20137F755 | |
| Person / Time | |
|---|---|
| Site: | Skagit |
| Issue date: | 08/20/1985 |
| From: | Eschels C WASHINGTON, STATE OF |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20137F759 | List: |
| References | |
| NUDOCS 8508270074 | |
| Download: ML20137F755 (2) | |
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Curtis Eschels o w man STATE OF WASHINGTON ENERGY FACILITY SITE EVALUATION COUNCIL Olympia. Washington 96561 e (2%) 459b440 e (SCAN) 585+490 Afad Stop PY-II e
August 20,1985 i
Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulations U.S. Nuclear Regulatory Commission Washington, D. C. 20555
SUBJECT:
Proposed Rescission of Subagreements 1 and 2
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Dear Mr. Denton:
During July 1981 the following documents, copies enclosed, were executed between the United States Nuclear Regulatory Commission and the Washington State Energy Facility Site Evaluation Councih A.
Subagreement 1 Between the United States Nuclear Regulatory Commission and the Washington State Energy Facility Site Evaluation Council Regarding Environmental Reviews Pursuant to the Skagit Nuclear Power Project, Units 1 and 2, and B.
Subagreement 2, as amended, Between the Washington State Energy Facility Site Evaluation Council and the United States Nuclear Regulatory Commission for a Protocol for the Conduct of Joint Hearings on the Skagit Nuclear Power Project, Units 1 and 2.
On December 13, 1983, the Atomic Safety and Licensing Board ordered that the Applicant's (Puget Sound Power and Light Company) motion to withdraw the application and terminate the proceedings was granted without prejudice, (Docket Nos. STN 50-522, STN 50-523, ASLB No. 75-279-08CP). On January 23, 1984 the Washington State Energy Facility Site Evaluation Council adopted Order No. 650 terminating Application No. 81-1 (Skagit/Hanford Nuclear Project).
Because of the preceeding actions, Subagreements I and 2 are inoperable and are recommended for rescission.
With your bt*
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s Mr. Harold R. Denton August 20,1985 3
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f-concurrence it is the intent of the Washington State Energy Facility
' Site Evaluation Council to rescind these documents effective September 30,1985, l
Please advise me of your agreement.
Sincerely, Curtis Eschels Chairman CE:WLF:ab r
f-EnElosure cc Dean Kunihiro, Region V, NRC Mike Stimac, PSP &L I
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l SUBAGREEfiENT 1 BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION AND THE WASHINGTON STATE ENERGY FACILITY SITE EVALUATION CO REGARDING ENVIRONMENTAL REVIEWS PUPSUANT TO THE SKAGIT NUCLEAR POWER PROJECT, UNITS 1 AND 2 C
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SU8 AGREEMENT 1 BETWEEN THE U.S. NUCLEAR REGULATORY COMMISSION AND THE WASHINGTON STATE ENERGY FACILITY SITE EVALUATION COUNCIL REGARDING THE ENVIRONMENTAL REVIEWS PURSUANT TO THE SKAGIT NUCLEAR POWER PROJECT, UNITS 1 AND 2 This Subagreement is promulgated under the provisions of the Memorandum of Agreement between the State of Washington and the United States Nuclear Regulatory Commission, dated September 6,1978.
PURPOSE The objective of this Subagreement is the timely completion of one environmental statement that fully addresses both the State and Federal environmental assessment requirements. This Subagreement between the l
Nuclear Regulatory Commission (NRC) and the Washington Energy Facility j
Site Evaluation Council (EFSEC) sets forth mutually acceptable procedures for cooperation between Washington State and NRC in the preparation of a draft environmental impact statement (DEIS) and final environmental impact statement (FES) in the matter of the Skagit Nuclear Power Project, i
Units 1 and 2, to be located on the U.S. Government Hanford Reservation j
near Richland, Washington.
It is the intent of this Subagreement that cooperative efforts should reduce duplication, provide for a more effective use of the public's L
resources and promote a more timely and efficient public hearing process.
IMPLEMENTATION 1.
A Management Committee is created composed of a representative appointed by the Chairman of the Washington EFSEC and a representative l
appointed by the NRC Assistant Director for Environmental Technology.
I The purpose of the Management Committee will be to manage and supervise the development of the DEIS and FES, to serve as a coordinating point for Washington and NRC requirements and to develop a joint schedule for the various environmental documents required (DEIS, FES).
The Management Committee shall confer and/or meet on a regular basis to review work progress on' the DEIS and FES.
2.
In order to effectively implement <his Subagreement, the parties agree to exercise their best eftens and fullest capabilities to pursue the review process according to a schedule to be developed i
by the Management Committee.
Except as otherwise noted and mutually agreed to, the parties agree that NRC shall take the lead and have 4
overall administrative responsibility for all joint activities
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pursuant to this Subagreement.
EFSEC shall continue to have exclusive responsibility for actions required separately only under Washington State law or regulation such as the NPDES water quality permit.
Either party may take independent actions not inconsistent with this Subagreement to ensure its obligations are met.
3.
Each party shall diligently act to meet the established time schedules i
and the parties acknowledge that failure to meet the time schedules may constitute grounds after joint consultation for either party to proceed independently.
If disagreements occur, each party shall seek to resolve such disagreement in a mutually satisfactory manner.
Unresolved differences of opinion or different conclusions between EFSEC and NRC shall be identified and clearly stated in the EIS to ensure that the views of both parties are adequately represented.
4.
For its part, the NRC agrees to exercise its best efforts to ensure that all environmental issues required under State and Federal law are adequately addressed.
5.
In the event that a protocol for the conduct of joint hearings is developed and implemented between the NRC and EFSEC, the Management Committee shall ensure that the staffs of each agency shall cooperate in discharging their respective responsibilities in the joint hearing as set forth in this Subagreement and the joint protocol.
6.
NRC shall publish the draft and final EIS after the Management Committee concurs in writing with the content. NRC will ensure that sufficient copies are available for distribution to all interested parties.
7.
The responsiblity for performing activities not specifically mentioned in this Subagreement will be determined by the aforementioned Management Committee. Such activities not addressed by the Management Committee may be performed by either party in any manner not inconsistent with the established schedule, 8.
Nothing in this Subagreement is intended to restrict or expand the statutory or regulatory authority of either the EFSEC or the NRC.
9.
This Subagreement shall take effect immediately upon signing by the Chairman of the Washington Energy Facility Site Evaluation Council and the Director of the NRC's Office of Nuclear Reactor Regulation and may be terminated upon 30 days written notice by either party.
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. 10. The principal NRC point of contact for this Subagreement shall be the Assistant Director for Environmental Technology. The principal Washir.gton State contact shall be the Chairman of Washington Energy Facility Site Evaluation Council.
11.
If any provision of this Subagreement, or the application of any provision to any person or circumstance is held invalid, the remainder of this Subagreement and the application of such provisions to other persons or circumstances shall not be affected.
For the U.S. Nuclear Regulatory For the Washington Energy Facility Commission Site Evaluation Council O
i Name LO$
Name AL 2
" Director, 0'ffice of Nuclear 7
Title Reactor Regulation Title Chairman Date July 28, 1981 Date July 31, 1981
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