ML20210S659

Cites Chapter 80.50 of State of Wa Revised Code,In Response to NRC Re Lwa.Wppss in Compliance W/State Law If Conditions of Resolution 119 Met

ML20210S659
Person / Time
Site:	Satsop
Issue date:	07/14/1977
From:	Bradley L WASHINGTON, STATE OF
To:	Lieberman J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
Shared Package
ML20210S654	List: ML20210S647 ML20210S659
References
CON-WNP-1620 NUDOCS 8605290345
Download: ML20210S659 (6)

Text

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ENERGY FACILITY SITE EVALUATION COUNCIL

/ STATE OF

WASHINGTON s2e E , Finn A no.. oivmpi.. w smsion esso 4 2% 7s3 73u 4

.,_,,A Dizy Lee Ray co w nor July 14, 1977 Mr. James Lieberman, Attorney Office of Executive Legal Director U. S. Nuclear Regulatory Comission Washington DC 20555

Dear fir. Lieberman:

Your letter of June 28, addressed to our Executive Secretary, relative to conditions in the Limited Work Authorization granted by your agency to the Washington Public Power Supply System for the WNP 3 and 5 nuclear units at Satsop, Washington, is acknowledged. l Chapter 80.50 Revised Code of Washington, relating to siting of energy facilities, including stationary power plants of 250 megawatts or larger, provides:

"RCW 80.50 110 CHAPTER GOVERNS AND SUPERSEDES OTHER LAW OR REGULATIONS--

PREEMPTION OF REGULATION AND CERTIFICATION BY STATE. (1) If any provision of this chapter is in conflict with any other provision, limitation, or restriction which is now in effect under any other law of this state, or any rule or regulation promulgated thereunder, this chapter shall govern and control and such other law or rule or regulation promulgated thereunder shall be deemed superseded for the purposes of this chapter.

"(2) The state hereby preempts the regulation and certification of the location, construction, and operational conditions of certification of the erergy facilities included under RCW 80.50.060 as now or hereafter amended."

"RCW 80.50.120 EFFECT OF CERTIFICATION. (1) Subject to the conditions set forth therein any certification signed by the governor shall bind the state and each of its departments, agencies, divisions, bureaus, commissions or boards of this state whether a member of the council or not as to the approval of the site and the construction and operation of the proposed energy facility.

"(2) The certification shall authorize the person named therein to con-struct and operate the proposed energy facility subject only to the condi-tions set forth in such certification.

"(3) The issuance of a certification shall be in lieu of any permit, cer-tificate or similar document required by any department, agency, division, bureau, commission or board of this state whether a member of the council or not."

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Mr. James Lieberman July 14, 1977 In adopting Resolution #119, the Council acted clearly within these provisions of state law. The requirements in regulations promulgated by the Department of Ecology under Washington Administrative Code 18-12 are void in this instance, as are requirements for obtaining a Department of Natural Resources burning permits, conditioned as it might have been to satisfy the interests of that agency.

If the conditions of Resolution 119 are met, the WPPSS is in compliance with state law and exempt from the provisions of WAC 18-12.

If you have further questions, please feel free to call or write at Your convenience.

Sincerely, 4 \.llwc( _. WL L Lawrence B. Bradley Chairman

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LBB:nl cc: Roger Polzin A

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DRAFT Mr. Raymond L. Weholt The Camran Corporation 3040 W. Commodore Way Seattle, Washington 98199

Dear Mr. Weholt:

On May 12,1977 you filed a request on behalf of the Camran Corporation for the suspension of the Limited Work Authorization granted to the Washington Public Power Supply System for Nuclear Projects No. 3 and 5 locited in Elma, Washington. In accordance with the procedures specified in 10 CFR 82.206, the NRC published in the Federal ' Register s

! a notice of the reque.t and initiated an inquiry into the request.

The reason given for the requested suspension was alleged viola-tion of Condition No. 4 of the LWA. This condition states:

i "During clearing operations, stumps and other unsaleable timber will be disposed of by mulching or chipping. If chipping cannot be utilized, the material will be burned in accordance with Washington State Department of Ecology Open Burning Regulation, Chapter 18-12 EAC. During this burning operation, all necessary attendant fire control personnel and equipment will be on hand, and the burning operations will be deferred during air quality and fire hazard situations."

Your concern was based on the fact that WPPSS's pemit for burning material was not issued in accordance with Washington Adminis-trative Code (WAC) chapter 18-12 of the Department of Ecology's Open i Burning Regulation.

When the NRC staff conducted the environmental review of the application of WPPSS for a construction pemit for WNP 3 and 5 it i

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3 considered possible impacts frc'n disposal of refuse resulting fron land clearing operations. In evaluating whether a significant environ-mental impact would occur from such disposal operations, the Staff assuntd that .111 non-merchantable timber, slash and tree stumps larger than 6 inches in diameter would be disposed of by chipping, and the remainder by open bJrning done Without environm2ntcl controls. The Staff con:1uded that open burning of the slash and stumps would not result in,a significant envirohmental impact and was therefore acceptable. The conclusion of no significant environmental impact from burning of refuse was not conditioned on compliance by WFPSS with provisions of WAC 18-12.

Washington Public Power Supply System voluntarily proposed to conduct its burning in accordance with WAC 18-12. The Staff listed l this comitment..togeth' er with other voluntary commitments in section i 4.5.1 of the Final Environmental Statement as measures and controls I

which the applicant proposed to use to limit adverse effects of con-struction. All of section 4.5 was made a recomended condition for l

l the protection of the environment.

l Washington Public Power Supply System was issued a pemit for burning material by the Energy Facility Site Evaluation Council i (Council) of the State of Washington subject to the conditions specified

) in that Council's Resolution 119, dated April 25, 1977. In order to i

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3 detemine the relationship between chapter 18-12 of the Department of Ecology Open Burning Regulations and the Council's Resolution 119, the NRC sought the advice of the Council. A copy of the NRC inquiry and the Council's response is attached.

Chapter 80.50 of the Revised Code of Washington states that its provisions govern and supersede other state laws and regulations

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relating to the location, construction, and operation of energy facili-

, ties (RCW 80.50.110). Chapter 80.50 provides for Site Certification by the Governor which is binding on all departments of the St' ate of j Washington. (RCW 80.50.120).

A Site Certi.fication in accordance with chapter 80.50 was issued by the State of Washington for Nuclear Projects 3 and 5 of WPPSS on a

October 27, 1976.Section III.1 of the Site Certification requires approval from the Council for the disposal of "used timber, brush, i

refuse or flamable material."

p On April 19, 1977 WPPSS applied 3to Council for authorization to dispose of slash and tree stumps from land clearing by open burning.

Thereafter, on April 25, 1977 the Council issued Resolution 119 agree-ing to the disposal of slash and sttsnps from land clearing by controlled i open burning subject to ten conditions.

! It is the Staff's detemination that by including the reference

to WAC 18-12 in Condition No. 4 of the Limited Work Authorization, 1

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it was the intent to have WPPSS comply with applicable state law in conducting any refuse disposal at the construction site. Pursuant to RCW 80.50.110, the regulation included in the LWA is superseded

, . by the Site Certification and any subsequent Resolutions issued there-under. Therefore, WPPSS, by seeking the authorization of the Council and subsequently following its conditions, is in fact proceeding in compliance with applicable state law.

Accordingly, I have determined that the Limited Work Authorization for Nuclear Projects 3 and 5 should not be suspended and have denied your request.

. Sincerely, r.t_..

E. G. Case i

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VNITED STATES 0F, AMERICA NUCLEAR REG'JLATORY COMISSION BEFOAE TPE ATOMIC SAFETY AND O CENSING BOARD in the Matter of Docket Nos. $TN 50 508 WAS141NGTOM ("JBLIC POWEP. $UPFLY SYSTI:M, ET AL. 3 (kFPSS Nucient Projects No. 3 and No. 6) J AFFIDAVIT 6F JIK C. PETER $LN Jim C. Phtersen, having been daly sworn, says:

I am tbs financial analyst assigned to WPSS Nucicar Projects No. $ and No.5(WNP-3andWNP-5),

A copy of nty professional qualifications is attached.

My analysis of the financial qualifications of Washington Fub1Tc Power i

Supply System (WPPSS) and of its associated p.artic. pants to design and construct the subject facilities appears in SER Supplement Co.1, Section The analysis is based on infonnation io (1) the i3.0, dated June 1976.

licens.e application, (2) Arr.andment No. 72 tr. the license application, i

dated February 26,1916, and (3) D. L, Renberger's letttr of April 20, 1976 to B. C. RW.che.

Subsequer.t to the preparation of my analysis, the Applicants provided (1) feendment f odditio.1al financial infor; nation in the following sources:

22,1977; (2) 'Testi7eny No. 39 to the licenst application, dated April

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l of James D. Perko Regarding Financial Qualifications" (following ,

Tr. 598); (3) examination of James D. Perko and Harlan R. Kosmata before the ASLB (Tr. 594-607);(4) D. L. Renberger's letter of duly 12,1977 to 0 D. Parr; and (5) " Affidavit of James D. Perko Regarding Corrections to financial Qualifications Testimony," dated July 13, 1977.

Based on my review of this additional financial infomation, I reaf-fim my conclusion that Washington Public Power Supply System, Pacific Power & Light Company, Portland General Electric Company, Puget Sound Power & Light Company, and The Washington Water Power Company are finan-cially qualified to design and construct WNP-3 and WNP-5 in proportion to their respective undivided ownership interests as indicated in Section 20.1 of SER Supplement No.1.

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udim C. Petersen Subscribed and sworn to before methis,)J9ay of July 1977.

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Mildrhd M. Groff, Notary Pub [ic State of Maryland County of Montgomery My Connission expires: . d, / / 9 7 D' /

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JIM C. PFTERSEN PROFESSIONAL QUALIFICATIONS OFFICE OF ASSISTANT DIRECTOR ,

FOR QUALITY ASSURANCE AND OPERATIONS DIVISION OF PROJECT MANAGEMENT I am a Financial Analyst on the staff of the Division of Project Management, U. S. Nuclear Regulatory Comission. I am responsible for reviewing and evaluating the financial qualifications of nuclear facility license applicants to pursue the proposed activities under the IIcense, primarily the construction and operation of nuclear power plants. In this regard, I have prepared financial qualifications analyses for inclusion in the Staff's Safety Evaluations and for presentation as evidence on the record of the Atomic Safety and Licensing Board's safety hearings. I have served as a Staff witness before the Atomic Safety and Licensing Board in several proceedings. My work also involves keeping abreast of developments in the money and capital markets and the electric utility industry.

I received a Bachelor of Science in Business Administration degree (awarded cum laude) with a major in Accounting from the University of Der.ver in 1968. I have continued my formal education through college and university courses in finance, math, economics and computer science

'and through several intensive short courses. I am a member of Beta Garana Sigma, the national business administration honorary, and Beta -

Alpha Psi, the national accounting honorary. The latter organization presented me with its award for outstanding service.

From 1968 through 1973, I was employed in a number of assignments on the staff of the Controller of the Atomic Energy Comission at German-town, Maryland. Thece assignments included reviewing, designing and implementing accounting systems and procedures for AEC offices and AEC contractors. I also assisted in the financial review of nuclear facility license applicants during the seriod when that function was performed by independent staff members of tie AEC Office of the controller. That function was subsequently transferred in its entirety to the NRC. In January of 1974, I joined the regulatory staff and assumed responsibilities in the financial qualifications review of nuclear facility license appitcants.

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ISTRIBUTION:

Docket Files JCPetersen NRR Reading File TMNoonan JJL t a wt FIN Reading File RCDQsung

\ Subject File DJ v DocketNos.STN50-500{ t STN 50-509 MEMORA100M FOR: Olan D. Parr. Chief Light Water Reactors tranch No. 3. PM FROM: Donald J. Skovkit, Assistaat Director for Quality Assurance and Operations. PM SJ8 JECT: FINANCIAL. QUALIFICATIONS OF IRSHINGTON PUBLIC POWER SUPPL.Y SYSTEM, ET AL.: WNP-3 AND imp-5 .

Our analysis of the financial qualifications of WPPSS and its associated participants to design and construct the subject facilities appears in SER Suppiament No.1. Section 20.0, dated June 1976. Subsequent to the preparation of our analysis, the Applicants provided additional financial '

information. The enclosed affidavit of Jim C. Petersen indicates that our review of the additional infomation leads us to reaffim our earlier con-clusion. The affidavit should be included in the record of these proceedings.

Original EJ#I D7' Donald J. Sh W it Donald J. Skovholt Assistant Director for Quality Assurance and Operations .

Division of Project Management

Enclosure:

Affidavit of Jim C. Petersen cc w/eoc1:

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COP 91ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of WASHINGTON PUBLIC POWER SUPPLY SYSTEM, ET AL. ) Docket Nos. STN 50-508 (WPPSS Nuclear Projects No. 3 and No. 5) ) STN 50-509

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J AFFIDAVIT OF JIM C. PETERSEN Jim C. Petersen, having been duly sworn, says:

I am the financial analyst cssigned to WPPSS Nyclear Projects No. 3 and No. 5 (WNP-3 and WNP-5). A copy of my professional qualifications is attached.

My analysis of the financial qualifications of Washington Pubite Power Supply System (WPPSS) and of its associated participants to design and construct the subject facilities appears in SER Supplement No.1. Section 20.0, dated June 1976. The analysis is based on infonnation in (1) the license application. (2) Amendment No. 32 to the license application, dated February 26,1976, and (3) D. L. Renberger's letter of April 20, 1976 to B. C. Rusche.

Subsequent to the preparation of my analysis, the Appifcants provided additional financial information in the following sources: (1) Amendment No. 39 to the license application, dated April 22,1977; (2) " Testimony sq -

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of James D. Perko Regarding Financial Qualifications" (following Tr. 598); (3) examination of James D. Perko and Harlan R. Kosmata before the ASLB (Tr. 594 - 607); (4) D. L. Renberger's letter of July 12,1977 to 0. D. Parr; and (5) " Affidavit of James D. Perko Regarding Corrections to Financial Qualifications Testimony," dated s July 13,1977.

Based on my review of this additional financial infonnation, I reaf-finn my conclusion that Washington Public Power Supply System, Pacific Power & Light Company, Portland General Electric Company, Puget Sound Power & Light Company, and The Washington Water Power Company are finan-cially qualified to design and construct WNP-3 and W';P-5 in proportion to their respective undivided ownership interests as indicated in Section 20.1 of SER Supplement No. 1.

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U Jim C. Petersen l Subscribed and sworn to before me this ,219ay of July 1977.

! Mildrh M. Gmff, Notary Pub [ic l

l State of Maryland County of Montgomery My Consnission expires: / /9 2 j $ l l

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JIM C. PETERSEN PROFESSIONAL QUALIFICATIONS OFFICE OF ASSISTANT DIRECTOR ,

FOR QUALITY ASSURANCE AND OPERATIONS DIVISION OF PROJECT MANAGEMENT I am a Financial Analyst or, the staff of the Division of Project Management, U. S. Nuclear Regulatory Comission. I am responsible for reviewing and evaluating the financial qualifications of nuclear facility license applicants to pursue the proposed activities under the license, primarily the construction and operation of nuclear power plants. In this regard, I have prepared financial qualifications analyses for

, inclusion in the Staff's Safety Evaluations and for presentation as evidence on the record of the Atomic Safety and Licensing Board's safety hearings. I have served as a Staff witness before the Atomic Snfety and Licensing Board in several proceedings. My work also involves keeping abreast of developments in the money and capital markets and the electric utility industry.

I received a Bachelnr of Science in Business Administration degree (awarded cum laude) with a major in Accounting from the University of Denver in 1968. I have continued my formal education through college and university courses in finance, math, economics and computer science

'and through several intensive short courses. I am a member of Beta Gama Sigma, the national business administration honorary, and Beta Alpha Psi, the national accounting honorary. The latter organization presented me with its award for outstanding service.

From 1968 through 1973, I was employed in a number of assignments on the staff of the Controller of the Atomic Energy Comission at German-town, Maryland. These assignments included reviewing, designing and implementing accounting systems and procedures for AEC offices and AEC contractors. I also assisted in the financial review of nuclear facility license applicants during the period when that function was performed by independent staff members of the AEC Office of the Controller. That fdnction was subsequently transferred in its entirety to the NRC. In l

January of 1974, I joined the regulatory staff and assumed responsibilities in the financial qualifications review of nuclear facility license applicants.

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