ML20198G253

Forwards Elmo Chronicle 760204 Article Re Conflict Between NRC & State Regulations Concerning Radioactive Discharges Into Receiving Waters of Chehalis River Upon Issuance of NPDES Permit.Review of Legal Aspects of Conflict Requested

ML20198G253
Person / Time
Site:	Satsop
Issue date:	02/24/1976
From:	Norris J Office of Nuclear Reactor Regulation
To:	Massar W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
CON-WNP-1259 NUDOCS 8605290339
Download: ML20198G253 (2)

Text

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' JISTRIBUTION:

C _CeStral File

! HRR Reading.

EP-3 Reading i fE3 i. 2 E5 llRegan/JHorris i Docket Nos. STN 0-508 _ . - . -

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Hilliam Massar Assistant Chief llearing Counsel. OEl.D Thru: Wm. H. Regan, Jr., Chief. Environrental Projects Branch 3

EXTENSION OF STATE AUTHORITY OVER PADI0 ACTIVE DISCl!ARGES D! WP 3 & 5 The enciosed news item, which appeared in Elco Chronicle on February 4 j 1976, gives an early notice of a potential problem we may be facing whan the NPDES permit is issued in final fom by Themal Power Plant Site Evaluation Council (TPPSCC). As the article indicates the expected NPDES pemit will include linitations on radicactive dischsrges into the receiving waters of the Chehalis River. These limitations are in con-

, flict with HRC limitations in that the state demands for !PtP 3 A 5 to be a "zero racioactive discharge" facility. NP.C regulattens are not' ,

that restrictive.

i The Washington Public Power Supply Systan (WPPSS) the applicant in WNP 3 & 5 proceeding, expects this provision to be incorporated into the NPDES although WPPSS is presently engaged in negotiations with TPPSEC regarding other provisions of the permit. Concurrent with approval by TPPSEC of the NPDES the applicant expects to receive the 401 certificate for the site.

For the past several months TPPSEC has been holding public hearings regarding siting of WNP 3 a 5. It appears that TPPSEC is about to ar. prove the final version of the permit which will subsequently be sent to EPA for review. After the review by EPA. for which 90 days is allowed, the pemit will be incorporated into the site certification which becomes the basis of the site agreement signed by the governor of the State of Washington.

I It appears that the long anticipated conflict betiveen the authority of a state under the Water Pollution Control Act and the Federal preemption of regulation of radioactive substances may be upon us.

We request that you review this situation from the legal point of view and advise us on the position we should take in this case.

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~ Jan A. Norris, Project ? tanager

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Environmental Projects Branch 3 Divisien of Site Safet.y and Environmental Analysis '

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.T)!J31 PIA-At its last meeting, the order,so that final debate on the matter %t Noong that tne applicant, had asked state Thermal Power Plant Site could start late in March. The propcsed for a limitation on suspended solids of Evaluation Council (TPPSEC) con. order would include basic findings of 100 rnilligrams per liter, Fitch said that sidered a motion by Washington Public fact and conclusion of law for the the, lower requirement has been Power Supply System to establish a' contents of the site certification established. by the Environmental date for final processing of . an agreement for the project. Protection, Agency and the examiner,,

agreement for siting two nuclea r power in recent action a draft order von Reis, believed he had no optioa ca; plants near Satsoli As a result, tbe. pr.epared by John vonReis, hearing. the standard.

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possibility of a proposed order on the - examiner, was issued on the national - -

matter by March :::t was suggested this pollution discharge elimination system Bill Maclean, WPPSS ::a.d i the'ap,-

• v tek by Bill Fi!ch, acting executive - and distnbuted to parties for comment, ;plicant believes the nuclear discharge

.' secretary of TPPSEC. ~'

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' ' ind these comments sie expected to go " mto- the water remains under.nthej Fitch said that a letter might'go'out before TPPSEC'in the latter part of federal regula*aons, cth a Mulapl

-late in February or early in March ' February, possibly Febnzary ::3, Fitch resolut:cn passed-about to years ago.

calhng for co.mments en the propo: sed aid.

accepung the thenMC authon,m in ,,

When the matter comes before thi dischar;;es end stating that this as the council, a committee will bE appointed ,. only action - taken by- elected to resolve issues betwe-n the parties i i representatives of the paople in r(gard, and come up with an order.  ;[ to the matter. .. . j Expected to be issues in the NPDES IIe said that WPPSS feeb inat u or'dir ivill be. secuons requirir.g the * . some areas the hearing exarnindr applicant, the Supply System, to meet- overstepped h,s : authon,ty m regard to all ef factive limitations on disefia7g'e nt te,stimony prewnted at the hearmgs iie distbarge,_pbintTather than usa*1 and claims that he was arbritrary and '

m 3 zonein thErErTp~ermittyggpgy -capricious. ,

emission of radioactive materials into g'iclean said the WPPSS respenae ihTChenahs Itiver, an_d, limitin3 w 11 be abeut 97 pas (es long with over 30

'disiharge from erosien control and. exceptions, although he added that sediment safeguards to no more than 50 many of thoseare repeated instances of

• milligrams per liter of total suspended solids.

• about to items in contention. I Fitch pointed out that in the NPDES Fitch also announced that iloger!

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• hearings on the projects, held in . Poli n has bean nEed reEcEcu'ti3 -

Montesaro last spring, the council iEE Site 35a@luatiiin~Cc'uTiil,MirTn5 su6ceM passed a motion declaring yt,._i.!

ret'afn~e~d authonty over radioactive Joe LightfWt3ho tYsTh'edTe6

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ggg ffid StMzm is expectedTo beion discharges into wate,rs of}the stateg the job next week.

the applicant w P753.oeiteves tbje.yt 2d A Polzin is now working with an urban 1 fo3Ttion~T>y_aciorMe with the Atomic Energ[$ arterial board, serving a council with a }

. composition similar to that of TPPSEC

- and is familiar with the committee and adminjatrative proceddes. .t; 1 I

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