ML20210S647

Recommends Denial of Camran Corp 770512 Request for Suspension of Lwa.Draft Response Encl

ML20210S647
Person / Time
Site:	Satsop
Issue date:	08/11/1977
From:	Jenny Murray NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Case E Office of Nuclear Reactor Regulation
Shared Package
ML20210S654	List: ML20210S647 ML20210S659
References
CON-WNP-1619 NUDOCS 8605290341
Download: ML20210S647 (4)

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, , ,- [ %o UNITED STATES 3* r 'e NUCLEAR REGULATORY COMMisslON

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WASIUNGTON, D. C. 20555 , p-[

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• 50 9 August 11, 1977 , b ,

MEMORANDUM FOR: Edson G. Case Q ,

Acting Director, NRR A h 'y FROM: James P. Murray, Jr. -

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Director and Chief Counsel b. A Rulemaking and Enforcement Division 'y , -

SUBJECT:

REQUEST OF CAMRAN CORPORATION FOR SUSPENSI0hdF < >

LWA FOR WASHINGTON PUBLIC POWER SUPPLY SYSTEMS NUCLEAR PROJECTS NO. 3 AND NO. 5 On May 12, 1977 the Camran Corporation filed a request for the suspen-sion of the LWA covering the Washington Public Power Supply Systems Nuclear Projects No. 3 and 5 located in Elma, Washington. An inquiry in accordance with 10 CFR 82.206 has been conducted. Enclosed is a suggested response to the requested suspension.

The basis of Camran Corporation's requested suspension was that WPPSS was not burning material at the construction site in accordance with Washington State Department of Ecology Administrative Code, chapter 18-12 as prescribed in condition No. 4 of the LWA. The staff in its environmental impact analysis did not rely on the requirements of this state regulation in reaching its conclusion. Compliance with the state regulation was suggested as a voluntary comitment by the applicant and apparently included in the LWA by the NRC merely to signify that WPPSS would follow appropriate state law in any open burning of material.

i For the reasons stated in the suggested response, we recommend that the request be denied.

To clarify this matter for the future, we would suggest that when the NRC staff is considering including a reference to a specific state law in a licensing condition, that it first determine the purpose for the inclusion. If it is because the staff wants the applicant to abide by substantive provisions of the statute or regulation, then i actual language of the act should be used rather than incorporating it by reference. If the purpose is merely to require that the 1

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. l applicant comply with state law, then a more general reference such as "the material will be burned in accordance with applicable state law" should be used. This would be beneficial if for no other reason than to avoid having to review and possibly amend our license conditions as state law is changed or amended.

Therefore, since the condition at issue in the LWA is being considered for the construction permit, the language referring to chapter 18-12 for the construction permit might be changed to " applicable state law."

If we can provide any further information please contact us.

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.. James P. Murray, Jr.

i' Director and Chief Counsel Rulemaking and Enforcement Division

Enclosure:

Suggested response

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. ; f t, Mr. Roger Polzin JUN 2 81977

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Executive Secretary Energy Facility Site Evaluation Council

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Dear Mr. Polsin:

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The Camran Corporation has requested the Commission to suspend certain 1.?

of the activities under the Limited Work / uthorization granted to the  ? M y . ' ',[ Washington Public Power Supply System (WPPSS) for the Nuclear Projects . ;s.

3 and 5 located in Elma Washington. The request of the Camran Corporation ,- .-

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In accordance with 10 CFR $2.206 of the Commission's regulations, the NRC Y. n . has initiated an inquiry into the request. Necessary to this inquiry is a ..

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determination as to whether burning material in accordance with the Council's ji.y~p

~9.f' Resolution No.119, dated April 25, 1977, is burning materialin accordance ;3.g

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_ with Washington State Department of Ecology Open Burning Regulation. '

e r. . Chapter 18-12. ~ 1 '/'

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I have discussed this question with Fredrick flahn of the Department of Ecology ..

and Thomas Carr of the Attorney General's Office. Mr. Ilahn suggested that '.

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• I correspond directly with the Council to resolve this matter. Therefore, would ,

you please advise NRC as to whether Resolution No.119 is in accordance with ~O and satisfies the requirements of Chapter 18-12 of the Department of Ecology's .:wa Open Burning Regulation. Should you have any questions, please call me at . 1 + ' . . -)'

301/492-7991. .

. 'r.hM Sincerely , .'. ,

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James Lieberman. Attorney Office of Executive Legal Director .

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Enclosure:

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Camran Corp. request bN.

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cc Thomas F. Carr Fredrick llahn iUdimi G. ^ uisivy i 11ay Weholt .

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