ML20197F623
| ML20197F623 | |
| Person / Time | |
|---|---|
| Site: | Columbia, 05000000, Skagit |
| Issue date: | 08/05/1981 |
| From: | Muller D Office of Nuclear Reactor Regulation |
| To: | Regan W Office of Nuclear Reactor Regulation |
| References | |
| CON-WNP-0853, CON-WNP-853 NUDOCS 8108240263 | |
| Download: ML20197F623 (12) | |
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s.JCLEAR REGULATORY COMMISSi. 4 y
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AUG 0 5 G61 MEMORANDUM FOR:
Wm. H. Regan, Chief Siting Analysis Branch FROM:
Daniel R. Muller, Assistant Director of Environmental Technology
SUBJECT:
ENVIRONMENTAL REVIEW OF SKAGIT/HANFORD APPLICATION On July 28 and July 31, 1981 two subagreements (Enclosure 1 and 2) between NRC and the Washington Energy Facility Site Evaluation Council (EFSEC),
approving (1) joint environmental review effort and, '(2) the protocol for joint hearings, were signed by NRC and EFSEC, respectively.
Paragraph 1 of subagreement 1 established a Management Comittee, composed of NRC and EFSEC representatives, which will manage and supervise the development of joint Draft and Final Environmental Statements.
In accordance with the-provision of this paragraph, I appoint Jan A. Norris, Sr. Special Projects Officer, to represent NRC on the Management Comittee.
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Daniel R. Muller, Assistant Director for Environmental Technology Division of Engineering
Enclosure:
As stated cc:
R. Vollmer (J. Norris R. Ballard L. Soffer D. Cleary R. Samworth A. Toalston d -
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SUBAGREDENT 1 BETWEB THE UNITED STATES NUCLEAR REGULATORY CDPMISSION AND THE WASHINGTON STATE SERGY FACILITY SITE EVALUATION COUNCIL REGARDING ENVIR0fMENTAL REVIEWS PURSUANT TO THE SKAGIT N'JCLEAR POWER PROJECT, imITS 1 AND 2 4
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SU8 AGREEMENT 1 BETWEEN THE U.S. NUCLEAR REGULATORY COPf1ISSION 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 Coussission, dated September 6,1978.
t PURPOSE 1
TM 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 Nuclear Regulatory Cassission (NRC) and the Washington Energy Facility 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.
Units 1 and 2, to be located on the U.S. Government Hanford Reserv.a, tion 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 resources and promote a more timely and efficient public hearing process.
IMPLEPENTATION A Management Committee is created composed of a representative 1.
appointed by the Chairman of the Washington EFSEC and a representative appointed by the NRC Assistant Director for Environmental Technology.
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 doctanents 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 this Subagnement, the parties agree to exercise their best efforts and fullest capabilities to pursue the review process according to a schedule to be developed by the Management committee. Except as othentise noted and mutually agreed to, the parties agne that NRC shall take the lead and have overall administrative responsibility for all joint activities 1
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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 pemit.
Either party may take independent actions not inconsistent with this Subagreement to ensure 1.s obligations are met.
3.
Each party shall diligently act to meet the established time schedules and the parties acknowledge that failure to meet the time schedules any constitute grounds after joint consultation for either party to proceed independently. If disagreements occur, each party shall
., seek to resolve such disagreement in a mutua,11y satisfactory manner.
Unresolved. differences of opinion or different conclusions between 1
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 envircamental 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 Managenent connittee concurs in writing with the content. NRC will ensure that sufficient copies are available for distribution to all interested parties.
7.
The responsiblity for perfoming 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 teminated upon 30 days written notice by either party, l
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- 10. The principal NRC point of contact for this Subagreement shall be the Assistant Director for Environmental Technology. The principal Washington 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 cin:nestances shall not be affected.
r For the U.S. Nuclear Regulatory For the Washington Energy Facility Consission Site Evaluation Council Name dl/
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" Director. O'ffice of Nuclear Title Reactor Reculation Title uly28,1$1 Date Date e
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SU8 AGREEMENT 2 BETWEEN THE WASHINGTON STATE ENERGY FACILITY SITE EVALUATION COUNCIL AND THE UNITED STATES ltJCLEAR REGULATORY COMMISSION FOR A
- PROTOCOL FOR THE CONDUCT OF JOINT HEARINGS ON THE SKAGIT NUCLEAR POWER PROJECT, UNITS 1 AND 2 e
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SUBAGREEMENT 2 BETWEEN THE TION COUNCIL WASHINGTON STATE ENERGY FACILITY SITE SION AND THE UNITED STATES NUCLEAR REGU GS ON THE FOR A PROTOCOL FOR THE CONDUCT OF J SKAGIT NUCLEAR POWER PROJECT, UNITS 1 AND 2 s of the Memorandum of ii h United States Nuclear This Protocol is promulgated under the prov s Regulatory Commission, dated September 6,1978.
r STATEMENT OF PURPOSES
& Light Company. The I.
Puget Sound Power & Light Company, Pacific Power l Electric Company y Constisson (NRC) for Washingtsn Water Power Company and Portla lt r Project Units 1 and 2, vation in Washington, and permits to construct the Skagit Nuclear Powe Facility Site Evaluation pm posed to be located on the Nanford Reserinte
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A joint heaH ng Agreement.
ithin their cosmon judsdiction, Council (EF5EC) for a Site Certification l Policy Act of 1969 (NEPA) and7
- before the NRC and EFSEC on matters w particularly the National Environmenta king process and reducing the State Environmental Policy Act of 19 dupli::ation, thereby expediting the decision-main addition ise.be incurred by the h
the time, effort, and costs which would ot erw ntially similar, the parties were separate heaMngs held.b th agencies in compiling the NRC and EFSEC rules and practices are. esse holding of joint hearings will materially assist o within their comr. ion a full and complete evidentiary record on ma rent jurisdiction -
t forth in 10.C.F.R. I 2.716 is permitted under the NRC Rules of Practice sed Code o and the authority of EFSEC contained in Revise
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80.50.040(12)(13).
COMPOSITION OF THE JOINT HEARING.B0 D
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NRC, be held before an Atomic Safety
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II.
i Law The joint hearings shall, for the'EPSEC shall appoint an Administrat veS f EFSEC.
and Licensing Board (ASLB).
Judge to conduct the joint hearings on behalf olf of EFSEC Law Judge shall make necessary ru 6ings on beha d other matters that may procedural questions, evidentiary offerings, an The mem i
ht to sit with the arise duMng the course of the joint hear ngs.shall reserve the rig idence and cross l
80.50.030
'as defined in.RCWjoint headng bodies for,the purposes examining w*itnesses. A
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III. LOCATION OF JOINT HEARINGS The principal location for the joint hearings shall be in the region of the proposed site or at the EFSEC hearing facility at Olympia, Washington.
Hearings may be held in other locations as appear suitable under the circumstances, as detemined by joint hearing bodies.
IV.
PROCEDURES FOR IDENTIFYING PARTIES AND ISSUES As soon as practicable after the amendeant to the application for a construction.pamit and the application for certification have been filed with the NRC and EFSEC, respectively, thin agencies still issue appropriate notices of hearing in accordance with their own procedures.
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In particular, the NRC will issua a notice of hearing in the FEDERAL REGISTER pursuant to the provisions of 10 C.F.R.I 2.104 and EFSEC will issue a notice of hearing pursuant to the provisions contained in Chapter
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After.the, notice of hearing has been issued by the NRC and petitions for leave to intervene have been filed pursuant to the notice, the procedure for detemining the requisite interest to become parties to the NRC pro-caeding and the identification of contentions shall be governed by the s
NRC' Rules of Practice set forth in 10 C.F.R. E '2.714. A special prehearing i
~ ~C conference shall be held pursuant to the provisions of 10 C.F.R. I 2.751a within ninety (90) days after the notice of hearing is published, or at such other time as the Commission or the ASLB may deem appropriate to:
i Pemit identification of the key issues in the proceeding; (1)
(2) Take any steps necessary for further identification of the issues; Consider all intervention petitions to allow the ASLB to make (3) such preliminary or final determination as to the parties to the proceeding as may be appropriate; and (4)
Establish a schedule for further actions in the proceeding.
In the EFSEC certification proc'eeding, the determination of party status and the definitior: of issues shall be governed by the procedures set forth in Chapter 463-30 WAC.
V.
JOINT PREHEARING CONFERENCES
-(1) the special prehearing conference has-As soon as p'racticable aftq ing pursuant to 10 C.F.R. I 2.751a and the been held in the NRC proc.eed parties to and issues to be contested in the NRC proceeding have been.
determined by the ASLB, and (2) the application for certification has been filed with EFSEC and the parties to (and issues to be contested in) the certification proceeding have been detemined by EFSEC, the joint hearing bodies shk11 schedule and hold one or more joint'prehearing conferences for the following purposes:
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3 (1) determining those issues which are prop.erly the subject of the joint hearing;
-(2) estabifshing a schedule for discovery on those issues; (3) obtaining stipulations and admissions of fact with respect to evidence and of the contents and authenticity of documents; (4) considering, to the extent feasible, the identification of witnesses, and other measures to expedite the presentation of evidence;
-(5) setting of pretrial and hearing schedules, including the order in which subjects shall be heard; (6) determining the time and procedures for, site visits by the joint hearing bodies; and (7) considering any other measure which may expedi,te the orderly conduct and conclusion of the joint hearing.
The ASLB and EF5EC shall notify the parties to the NRC proceeding and the certification proceeding, respectively, of each joint prehearing i
conference and of the matters to be taken up at each conference, and shall direct the parties or their counsel to appear.
Followirig.such conferences, the joint hearing bodies shall issue such orders as may be necessary to summarize the action taken at the conferences, including identification of the issues to be heard in the joint hearing.
Prior to each prehearing conference,' parties are encouraged to hold informal conferences to identify the key issues, to mutually consolidata parties where appropriate, and to take whatever actions that are necessary to expedite the joint hearing.. -
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On motion or on their own initiative, the joint hearing bodies may order any parties who have substantially the same interest that may be affected by the proceeding and who raise substantially the same questions, to consolidate their presentation of evidence, cross-examination, briefs, proposed findings of fact, and conclusions of law and argument in accordance with the provisions ~ of 10 C.F.R. I 2.715a and Chapter 463-30 l#.C.
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Notwithstanding.the above v.or.eduras for identification of parties and issues to be heard in the joint hearing,, EF5EC and the NRC have the right to conduct separate hearings in accordance with their own practices
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..?a-and progedures.
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VI.
- PROCEDURES FOR THE CONDUCT OF DISCOVERY
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.s-a Discovery on those issues to be heard in the joint hearing as determined by.the precedures.of Section IV, supra, shall be governed by the Comission's I
Rules of Practice set forth in 10 C.F.R. I 2.740-2.744 and EFSEC pro-cedures contained in Chapter 463-30 WAC. All parties to the joint
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.v-proceeding will have the right to conduct discovery consistent eith the applicable procedures.
Any dispute regarding discovery pertaining to joint issues shall be considered.and resolved jointly by the hearing bodies on those issues.
If the hearing bodies are unable to agree, the dispute will be resolved in the manner speciffe' in Section IX I of this d
Protocol.
V,II. SUfe4ARY DISPOSITION ON PLEADINGS Certain* issues may'.be summarily disposed of purusanf to the provisions of 10.C.F.R. I 2.749 and EFSEC procedures contained'in Chapter 463-30 WAC.
Motions for summary disposition of issues subject to joint hearing shall be considered and resolved jointly by the hearing bodies. If the
. hearing bodies are unable to agree, the dispute will be resolved in the manner specified in Section IX I of this P mtocol.
VIII. HEARINGS FOR LIMITED APPEARANCES AND PUilLIC STATEMENTS The hearing bodies shall consider the feasibility of holding a joint
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' hearing in the vicinity of the proposed site for the purposes of accepting limited appearances.or other oral or written statements from members of the public pursuant to the provisions of 10 C.F.R. I 2.715 and RCW 80.50.090(1)(3)(4).
I
X. PROCEDURE
S FOR THE JOINT HEARINGS A.
Presiding at Alternate Sessions. For the sole purpose of conducting the hearing and iisintaining order, the ASLB and Administrative Law' Judge appointed by EFSEC shall assume the responsibility of chairperson.and preside over the joint hearing at alternate sessions, unless othentise agreed upon by the ASLB and the Administrative Law Judge.
B.
Status of Counsel for' Agency Staffs.
For the purposes of preparing for and holdTng the joint nearing, counsel for EFSEC shall be accorded all the righ(.s and remedies of an interested State under 10 C.F.R.
I 2.715(c).
Counsel for,the NRC Staff shall be accorded all the rights
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and remedier of a party., "
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St' tus of Parties,. Participation and Standards of Conduct. Parties" C.
a to the joint'Troceeding shalt.be accor' del all the rfgTts and remedies of a fuli party'to the proceeding whether granted party status by the NRC or EFSEC. A party to the joint hearing may appear in the adjudication ' '
on his.own behalf. or by an attorney confoming to the requirements and standards of conduct set forth in.10 C.F.R. E.2.713 or of the standards of conduct of the State of Washington. Failure of an individual to confom to these standards'will constitute grounds for'i1rfusing to permit that individual's continued participation in the joint hearing.
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Comonality_ of Evidentiary Record."One evidentiary record will be developed in the ' Joint hearing.
An official reporter will be designated by the NRC with the concurrence of EFSEC and the transcript prepared by the reporter shall be the sole official transcript of the hearing. A copy of the official transcript will be furnished to NRC and to EFSEC.
E.
- Cooperation Among Agency Staffs. ThestaffsoftheNRCiEFSEC,and affected State Agencias, shall cooperate to avoidrunnecessary duplication in discharging their respective responsibilities. n the joint hearing.
i The staffs shall consult each other in conducting their analyses and in preparing for, and participating in, the joint hearing. To the maximum extent possible, the staffs should avoid presenting repetitive evidence and may, if they wish. present only one set of testimony or one set of witnesses on any given issue.
F Written Testimony. Unless othentise allowed by the concurrence of the hearing bodies upon a showing of good cause, direct and rebuttal testimony shall be submitted in written fom and shall contain a statement of'the witness' professional qualifications. Each party shall serve copies'of its proposed written testimony on the hearing bodies and.on the parties to the proceeding in accordance with the schedule established by the hearing bodies.
Service and fom of written testimony shall con-l fom to the NRC Rules of Practice unless other procedures are agreed to.
G'.
Conduct of Evidentiary Hearing. The evidentiary hearing shall begin on a scEdule Jointly agreed.upon by the hearing bodies. Except upon concurrence of the hearing bodies for good cause shown, no evidentiary hearing on a subject shall.be held less than 15. days after. testimony.on that subject is served.. The evidentiary hearing shall proceed on a contention / issue basis and parties shall present testimony and. conduct emss-examination on issues in the following order: Applicants Intervenors, -
If consistant with the orderly and State Agencias, and NRC Staff.
expeditious conduct of the joint hearing, this order may be changed by concurrerxe of the. hearing bodies.to accomodate the convenience of the parties.
H - Motions Presentation, disposition, fom, content, and answers to a motion by a party to the-joint hearing shall be governed by the NRC Written motions shall -
Rules of Practice set forth in 10 CE.R. I 2.730.
he resolved jointly by the hearing bodies. in accordance with the pro-cadures set forth in Section IX I, infra, and be disposed of by order and. on notice to all parties. '
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Rulings.
The hearing. bodies shall jointly consider and make necessary rulings on motions, procedural questions, objections, and other matters If dispute arises between the ASLB* and EFSEC in the before them.
consideration of the ruling, the disputa shall.be resolved in favor of the ASLB opinion except in those situations where either the ASLB or the EFSEC' opinion mies that an evidentiary offering is objectionable. In such situations, the objectionable offering shall be received into evidence in the joint hearing but the evidence so offered shall not be part of the evidentiary record of the agency body puling that it is objectionable.
X.
PROCEDURE AFTER CONCLUSION OF JOINT HEARING After conclusion of'the joint hearing, each heaNng body shall set a schedule for the submission of briefs, findings, conclusions and recommenda-tions as may be required under its own rules of practice.
Each agency shall separately issue decisions, certificates licenses, or permits as may be called for under its governing laws, rules and regulations.
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- XI RULES GOVERNING PROTOCOL i
Unless otherwise specified in this Protocol for the Condset of Joint-Hearings or agreed to by the hearing bodies, the NRC Rules of Practice-shall govern the conduct of these joint proceedings. Any parties
procedural rights, however, shall not be-deemed waived by the provisions
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of this protocol.
'XII.~~ REVISION., SUSPENSION AND TERMIf6ATION The ASLB and the Chairman of EFSEC are jointTy responsible for the The ASLB and EFSEC interpretation of any provision of this protocol.The Nuclear Regulatory Commission may revise this protocol at any time.
or EFSEC may suspend. operation of or teminate this protocol at any time.. In that event, the other agency and the parties shall be provided 10 days notice before such termination or suspension.
- The ASLB.shall advance it(majority opinion in the joint consideration of the ruling.
For the U.S. Nuclear Regula For the Washington Energy Facility
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Site Evaluation Council Comnission
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77a TitIa Chief AdministraAfve Judge, ASLBP Title
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Date July 28, 1981' Date r
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t, innce,RIBUTION DIST + moe JUL 2 2 1981 SAB Rdg SAB Plant File Docket No. 50-397 Mulle s
MEMORANDUM FOR:
Albert Schwencer, Chief Licensing Branch No.1. DOL p'
,g\\f Siting Analysis Branch, DE
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Y-FROM:
Wm. H. Regan, Jr., Chief 6
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SUBJECT:
TRANSMITTAL OF WNP-2 DES q.
On.Honday, July 20, 1981, Jan horris, who was designated as the Environmental Review Coordinator for WNP-2 DES, hand-carried completed set of camero-ready
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mats to Rajender Auluck, Licensing Project Manager for WNP-2 The transmittal, in addition to completed mats, contains a set of diskettes on which the DES is recorded, and one serox copy of the statenent. We have retained en additional xerox copy for our records.
The transmitted material covers all sections for which Environmental Review Coordinators are responsible. Enclosure 1, a letter from ANL to us, sets out in detail those sections for which the Licensing Project Manager is responsible and which should be inserted in order to make the document ready for printing. One exception being Table 4.1, the content of which was given to R. Auluck when the mats were delivered.
With.this transmittal we are transferring the responsibility for the document, however, we will continue to be available to assist with the pre-publication l
review of the DES by OELD.
SHrinal signed by W. H. Regan, Jr.
Wm. H. Regan, Jr., Chief Siting Analysis Branch Division of Engineering
Enclosures:
As stated i
==EEG9090168*810722" PDR ADOCK 05000397 D
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nym ARCDNNE NATIONAL LABORATORY TE!EpW M/95 3109 9700 Sourk Cas5 ANE%E. Ar%Cre.E. tiros 60439 July 16, 1981 Mr. Jan A. Norris U. S. Nuclear Regulatory Commission Rm. 5215 4550 Montgomery Ave.
Bethesda, MD 20014 Cear Jan:
Enclosed please find the photo-ready mats for the WNP-2 DES-OL; also enclosed are two copies of the mats, two copies of the reduced WNP-2 FES-CP, and the diskettes for the mats.
In adcition, some extra blank mats are enclosed for any final processing necessary at NRC.
It is important that whoever at NRC is responsible for inserting the missing NRC sections be aware that all changes on the mats should first be incorporated on if insertions or changes are made on the mats, only, an inorcinate the diskettes:
amount of non-productive effort will be required at the FES stage to correct the problem, possibly impacting the FES publication date; furthermore, it should be noted that changes in page numbering will necessitate changes in numbering of the Table of Contents, List of Figures, and List of Tables - therefore, it would be worthwhile to make the NRC insertions within the context of the pages, as numbered.
In no case will changes in page numbering affect cross-referencing, since cross-references are by section number.
Finally, please note that it order to ma ntain i
consistercy with other contemporary NRC statements, all pages should be reproduced without reduction (100".) except for Appendix J, the FES-CP, which is reproduced at 77 "..
The missing NRC material is:
NRC Material Needed Section Pace Summation of Floodplain Summary & Conclusions ii Impacts (item d)
Table 4.1 (Recently 4.3.5 4-13 Listed Archeological Resources)
Effects on Floedplain 5.3.2 5-2 Postulated Accidents 5.8.2 5 44 NRC Centributors 7
7-1 Please call me if you encounter any problems.
Sincerely yours, O
O R.
ssman D
PDR Division of Environmental Impact Stucies RAZ:na TL l%E75iTN Cf CkG MC. CME LMER5mES A550CuTON U-E
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