ML20247E437

Forwards NRC Motion for Leave to File Commission Policy Statement & Statement of Policy & Notice of Intent to Prepare Programmatic EIS

ML20247E437
Person / Time
Site:	Three Mile Island
Issue date:	11/26/1979
From:	Eilperin S NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Quinn T U.S. COURT OF APPEALS, 3RD CIRCUIT
Shared Package
ML20244B007	List: ML20244B006 ML20247E388 ML20247E407 ML20247E419 ML20247E426 ML20247E437 ML20247E441 ML20247E471 ML20247E478 ML20247E482
References
FOIA-89-88 NUDOCS 8904030087
Download: ML20247E437 (7)

Text

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' UNITED STATES '

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• • • • • November 26, 19 ,

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. l Thomas F. ' Quinn, Clerk United- States Court of Appeals j for the Third Circuit - f Room 21400 :- U.S. Courthouse 1 601 Market Street Philadelphia, PA 171')6  !

^Re: Susquehucosa Valley Alliance , et al. v.  !

Three Mile Island Nuclear Reactor , et al . ,

U.S.C.A., 3rd Cir., No. 79-2446 f

Dear Mr . Quinn :

Enclosed please find an original and three copies of the

" Nuclear Regulatory Commission's Motion for Leave to File Commission Policy Statement" and four copies of the " State-ment of Policy and Notice of Intent to Prepare a Programmatic Environmental Impact statement" in the above-entitled case.

Please have your office stamp the enclosed copy-o'f this ,

letter indicating the date of filing and return it to me j at your earliest convenience.

1 Thank you for your cooperation in this matter.

Sincerely, C

Stephen F. Eilperin  !

Solicitor

Enclosures:

1. Motion (4) .

2. Statement of Policy (4) {

cc: All counsel of record -

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SUSQUEH A NNA VALLEY" ALLIANCE,' )~ .

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v. )1 lNo. 79-2.446.'

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-NUCLEAR REGULATORY COMMISSION'S MOTION-  !

FOR' LEAVE 1X) FILE' COMMISSION POLICY STATEMENT The Nuclear Regulatory Commission hereby moves for 1 eave to file'the? accompanying Statement of Policy-and Notice of Intent to' Prepare a Programmatic EnvironmentalLImpact State-ment issued November 21, 1979.

a By letter dated November 9 .to the Clerk' of ' the Court ,

I informed the Court that Chairman Hendrie of the Nuclear Regula-~ l j

tory Commission had advised Congress that the Commission intended to prepare a programmatic environmental impact statement on the .

decontamination and disposal of the radioactive wastes from the Three. Mile Island Unit 2 accident. The Commission has now i

' formalized that representation in the accompanying Statement of l Policy. 1 A court of appeals is empowered to consider events post-dating the decision under review. As the D.C. Circuit put l

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'h it;"{tlhe court lcannot' wear blinders in.a litigation involving L 'an ongoing administrative process, and its rulings and relief must take account of the world as s it exis ts as of the ~ time of

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the decree". Environmental Defense Fund v. Costle, 378 F.2d.

337, 346 (D.C. Cir. 1978). Since the Commission's policy may

\ bear upon disposition of the case now pending before this Court, l

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I ' respectfully request leave to file the Commission's Policy Statement.

Respectfully submitted, Qb ^

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LEOMARD BICKWIT, JR. SANFORD SAGALKIN General Counsel Acting Assistant Attorney General 4

STE HEN F. EILPERIN PETER R. STEENLAND, JR.

-Solicitor Chief, Appellate Section E. LEO SLAGGIE JACQUES B. GELIN i STEPHEN S. CSTRACH Attorney Attorneys Land and Natural Resources Division U.S. Nuclear Regulatory U.S. Department of Justice Connission Washington, D.C. 20530 Office of the General Cour.sel  !

Washington, D.C. 20555 Dated: November 26, 1979 i

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- STATEMENT OF POLICY AND MOTICE OF INTEMT TO

- PREPARE A PROGRAM!ATIC EUVIROStiEMTAL It'. PACT STATEMENT AGENCY: U.S. Ibclear. Regulatory Cocmission ACTION: Statement of Policy

SUMMARY

The !?uclear Regulatory Commission has decided -to pre-  ;

pare a programmatic environmental impact' statement on thedecon- .;

tacination and disposal of radioactive wastes resulting from the l March 28, 1979 accident'at Three Pdle Is1and Unit ' 2. For some time the ' Commission's staff has been moving in this direction.

In the' Commission's judgment an overall study of the decontamina-tien and disposal process will assist the Commission in carrying out its regulatory responsibilities under the Atomic ~ Energy Act to protect the public health and safe,ty as decontamination pregresses. It will also be in keeping with the purposes of the .

National Environmental Policy Act to engage the public in'the Cornission's decision-making process , and to focu's on environmental issues and alternatives before commitments to specific clean-up a

chcices are made. Additionally, in light of'the extraordinary nature of this action and the expressed interest of the President 's' Council on Environmental Quality in the TMI-2 clean-up, the,  ;

1 Cocaission intends to co-ordinate its actions with CEQ. In i

particular, before determining the scope of the programmatic 3 i

environmental impact statement the Commission will consult with i CEQ.

I The Commission recognizes that there are still areas of uncer-tainty regarding the clean-up operation. For example, the precise 9

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condition or the-reactor core is not known at this. time and cannot be kncwn until the containment has been entered and the reactor l

vessel has been opened. For this reason, it is unrealistic to expect that the programmatic impact statement will serve'as~a blueprint, detailing.each and every step"to be.taken over the 1 coming months sand. years with their likely impacts. That the .j planned, programmatic statement inevitably will have gaps and will -f not be 'a complete guide for all future actions does not invali- ,

date its usefulness as'a planning tool. As more information i becomes' available:.it will be incorporated into the decision-making i process, and where appropriate supplements to the progrtmaatic envircamental impact statement will be issued. As the .decontamina-tion er TMI-2 progresses the Commission will make any new informa-1 tion available.to the public and to the extent necessary will also .

prepare separate environmental statements or as'sesspnts for individual portions of the overall clean-up effort.  ;

The development of a programmatic impact statement will not pre-clude prompt Commission action when needed. The Commission does l recogmize, however, that as with its Epicor-II approval action, any action taken in the absence of an overall impact statement will lead to arguments that there has been an inadequate environ-mental analysis, even where the Commission's action itself is q supported by an environmental assessment. As in settling upon j the scope of the programmatic impact statement, CEQ can lend assisrance here. For example should the Commission before

. completing its programmatic statement decide that it is in the

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. i bes't intsrest. of the public health and safety co decontaminate m

the highLlevel waste water now in the containment building,. or. j

to purge that building of its radioactive gases, che _ Coemissio'n will consider CEQ's advice' as to the Commission's NEPA responsi-biliti$s. Moreover, ast stated in the Commission's May 25 i

statement, any' action of this kind will not be taken until'it has underg~one an environmental review, and furthermore with oppor-

• L J tuniry for public comment provided.

t However, consistent with our May 25 Statement, we recognize that there cay be emergency situations, not now foreseen, which should they occur would require rapid action. To the extent practicable the Conmission will consult with CEQ in these situations as well. ,

Uith the help of the public's comments on our proposals we intend to assure, pursuant to NEPA and the Atomic Energy Act, that ~ the clean-up of TMI-2 is done consistently with' the public health and safety, and with awareness of the choices ahead. We are directing cur. staff to include in the programmatic environmental ' impact a

state =ent on the decontamination and disposal of TMI-2 wastes .

an overall description of the planned activities and a schedule for their completion along with a discussion of alternatives considered

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4 and the rationale for choices mac'e. L'e are also directing-- our' staff.

to' keep.us advised of.their progress in these matters. '

t Dated ' at Uashington, D.C. this 4.1 44 rday of November, 1979.

, For~ the Commission :

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G/d1UEL J . (nTLK Secretary of thy Comraission .1

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