HomeMy WebLinkAbout710463.tiff �oE cE co**,, UNITED STATES
ATOMIC ENERGY COMMISSION
WASHINGTON,D.C. 20545
- N0V 2 2 WI
Pon Of
Docket No. 50-267
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Fired w3(i to Clark of t'-e 3oard
Mr. Marshall H. Anderson, Chairman of county Gommisslc ^-s
Board of County Commissioners N0V 2 6 1971
of Weld County
Greeley, Colorado 80653 '
COUNT?CLCNR AND FeroNDER
Dear Mr. Anderson: 1_ Daputy
The Public Service Company of Colorado is the holder of Construc-
tion Permit No. CPPR-54, issued by the Atomic Energy Commission on
September 17, 1968. The construction permit authorizes the licen-
see to construct a high temperature gas-cooled nuclear power reactor
designated as the Fort St. Vrain Nuclear Generating Station, at the
licensee's site in Weld County, Colorado. The facility is designed
for initial operation at approximately 842 megawatts (thermal) .
In accordance with Section E.3 of the Commission's regulations imple-
menting the National Environmental Policy Act of 1969 (NEPA), Appen-
dix D to 10 CFR Part 50 (Appendix D), the licensee has furnished
to the Commission a written statement of reasons, with supporting
factual submission, why the construction permit should not be sus-
pended, in whole or in part, pending completion of the NEPA environ-
mental review. This statement of reasons was furnished to the
Commission on October 13, 1971.
The Director of Regulation has considered the licensee's submission
in the light of the criteria set out in Section E.2 of Appendix D,
and has determined, after considering and balancing criteria in
Section E.2 of Appendix D, that construction activities at the Fort
St. Vrain Nuclear Generating Station authorized pursuant to CPPR-54
should not be suspended pending completion of the NEPA environmental
review.
Further details of this determination are set forth in a document
entitled "Discussion and Findings by the Division of Reactor Licensing,
U. S. Atomic Energy Commission, Relating to Consideration of Suspen-
sion Pending NEPA Environmental Review of the Construction Permit for
the Fort St. Vrain Nuclear Generating Station, AEC Docket No. 50-267,"
copy enclosed.
710463
Marshall H. Anderson -2-
A copy of a related notice which has been forwarded to the Office
of the Federal Register for publication is also enclosed.
Sincerely,
Roger S. Boycb L0sscirector
for Boiling Water Reactors
Division of Reactor Licensing
Enclosures:
1. Discussion & Findings
2. Federal Register Notice
S E OF OLORADO
COUNTY OF WELD sS.
riLa ti'. trie C! rk of t:,e Board
of County Commissic•n^rs
UNITED STATES OF AMERICA N0V 2 6 1371
ATOMIC ENERGY COMMISSION
•
COUNTY CLEAR AND RECORDER
Y Deputy
In the Matter of )
PUBLIC SERVICE COMPANY OF COLORADO ) • Docket No. 50-267
(Fort St. Vrain Nuclear Generating )
Station) )
DETERMINATION NOT TO SUSPEND CONSTRUCTION ACTIVITIES
AT THE FORT ST. VRAIN NUCLEAR GENERATING STATION
AUTHORIZED PURSUANT TO CPPR-54
PENDING COMPLETION OF NEPA ENVIRONMENTAL REVIEW
The Public Service Company of Colorado (the licensee) is the holder of
Construction Permit No. CPPR-54 (the construction permit) , issued by the
Atomic Energy Commission on September 17, 1968. The construction permit
authorizes the licensee to construct a high temperature gas-cooled nuclear
reactor designated as the Fort St. Vrain Nuclear Generating Station, at
a site in Weld County, Colorado. The facility is designed for initial
operation at approximately 842 megawatts (thermal) .
In accordance with Section E.3 of the Commission's regulations implemen-
ting the National Environmental Policy Act of 1969 (NEPA) , Appendix D
of 10 CFR Part 50 (Appendix D) , the licensee has furnished to the
Commission a written statement of reasons, with supporting factual sub-
mission, why the construction permit should not be suspended, in whole
or in part, pending completion of the NEPA environmental review.
The Director of Regulation has considered the licensee's submission
in the light of the criteria set out ,in Section E.2 of Appendix D, and
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has determined, after considering and balancing the criteria in Section
E.2 of Appendix D, that construction activities at the Fort St. Vrain
Nuclear Generating Station authorized pursuant to CPPR-54 should not
be suspended pending completion of the NEPA environmental review.
Further details of this determination are set forth in a document en-
titled "Discussion and Findings by the Division of Reactor Licensing,
U. S. Atomic Energy Commission, Relating to Consideration of Suspension
Pending NEPA Environmental Review of the Construction Permit for the
Fort St. Vrain Nuclear Generating Station, Docket No. 50-267."
Pending completion of the full NEPA review, the holder of Construc-
tion Permit No. CPPR-54 proceeds with construction at his own risk.
The determination herein and the discussion and findings hereinabove
referred to do not preclude the Commission, as a result of its ongoing
environmental review, from continuing, modifying or terminating the
construction permit or from appropriately conditioning the permit to
protect environmental values.
Any person whose interest may be affected by this proceeding, other than
the licensee, may file a request for a hearing within thirty (30) days
after publication of this determination in the FEDERAL REGISTER. Such
a request shall set forth the matters, with reference to the factors set
out in Section E.2 of Appendix D, alleged to warrant a determination other
than made by the Director of Regulation and shall set forth the factual
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basis for the request. If the Commission determines that the matters
stated in such request warrant a hearing, a notice of hearing will be
published in the FEDERAL REGISTER.
The licensee's statement of reasons, furnished pursuant to Section E.3
of Appendix D, as to why the construction permit should not be suspended
pending completion of the NEPA environmental review, and the document
entitled "Discussion and Findings by the Division of Reactor Licensing,
U. S. Atomic Energy Commission, Relating to Consideration of Suspension
Pending NEPA Environmental Review of the Construction Permit for the
Fort St. Vrain Nuclear Generating Station, Docket No. 50-267," are
available for public inspection at the Commission's Public Document Room,
1717 H Street, N. W. , Washington, D. C. , and at the Greeley Public
Library, City Complex Building, Greeley, Colorado 80631. Copies of the
"Discussion and Findings" document may be obtained upon request addressed
to the United States Atomic Energy Commission, Washington, D. C. , 20545,
Attention: Director, Division of Reactor Licensing.
FOR THE ATOMIC ENERGY COMMISSION
(signed) L. Manning Muntzing
Director of Regulation
Dated at Bethesda, Maryland
this 22 day of November, 1971
DISCUSSION AND FINDINGS BY THE
DIVISION OF REACTOR LICENSING
U. S. ATOMIC ENERGY COMMISSION
RELATING TO
CONSIDERATION OF SUSPENSION
PENDING NEPA ENVIRONMENTAL REVIEW
OF THE CONSTRUCTION PERMIT
FOR THE FORT ST. VRAIN NUCLEAR GENERATING STATION
AEC DOCKET NO. 50-267
November 18, 1971
•
1.0 Introduction
On September 9, 1971, the Atomic Energy Commission (AEC) published in the
Federal Register a revised Appendix D to 10 CFR Part 50 setting forth the
AEC's implementation of the National Environmental Policy Act of 1969
(NEPA) . Paragraph E.3 of revised Appendix D generally requires a holder
of a construction permit issued before January 1, 1970, to furnish to the
AEC within forty (40) days of September 9, 1971, a written statement of
any reasons, with supporting factual submission, why with reference to the
criteria in Paragraph E. 2 of revised Appendix D, the permit should not be
suspended, in whole or in part, pending completion of the NEPA environ-
mental review specified in Appendix D.
On September 17, 1968, the AEC issued a construction permit to the Public
Service Company of Colorado (PSC) for the Fort St. Vrain Nuclear Generating
Station. On October 15, 1971, PSC filed with the AEC the statement re-
quired by Paragraph E.3 of Appendix D.
1.1 Determination
In accordance with the requirements of Section E of Appendix D, we have
determined that the construction permit for the Fort St. Vrain Nuclear
Generating Station should not be suspended pending completion of the NEPA
review specified in Appendix D. A formal "Determination" to this effect
is being forwarded to the Federal Register for publication. In reaching
this determination we have considered and balanced the criteria of Par-
agraph E. 2 of Appendix D.
•
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1.2 Background
On October 19, 1966, the Public Service Company of Colorado filed an
application for a construction permit for the Fort St. Vrain Nuclear
Generating Station with the AEC. An extensive review of the application
was conducted by the AEC's Regulatory Staff and by the Advisory Committee
on Reactor Safeguards. A public hearing was held before a three-man
Atomic Safety and Licensing Board at Greeley, Colorado, on July 16 and 17,
1968. On September 16, 1968, the Atomic Safety and Licensing Board
issued its initial decision authorizing the Director of Regulation to
issue a construction permit to the applicant. On September 17, 1968,
Construction Permit No. CPPR-54, was issued. The facility has been under
construction since the issuance of the Construction Permit. On November 4,
1969, PSC submitted as Amendment No. 14, an application for an operating
license for the Fort St. Vrain Nuclear Generating Station. The application
was again extensively reviewed by the AEC's Regulatory Staff and by the
Advisory Committee on Reactor Safeguards . On December 30, 1970, the
applicant submitted an environmental report and on June 7, 1971 the AEC
published a Draft Environmental Statement. The applicant supplemented
its environmental report in October, 1971.
On April 2, 1968, the State of Colorado Public Utilities Commission granted
the applicant a certificate of convenience and necessity, and on November 10,
1970, the State of Colorado Department of Health issued certification of
conformance to water quality standards as required by Section 21(b) of the
Federal Water Pollution Control Act.
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2.0 Completion of NEPA Review
The time necessary for the completion of the ongoing NEPA review for the
Fort St. Vrain Nuclear Generating Station is about four months. The fac-
tors set forth in Section E.3 of Appendix D to 10 CFR Part 50 have been
evaluated with this approximate time period in mind. Specifically, the
environmental impact of continuing construction at this site, the nature
and extent of any such impact, the foreclosure of alternatives of the
type that could result from the ongoing environmental review, the effect
of delay on the power needs of the public, and the delay costs to the
licensee and to consumers all have been considered with respect to the
four months necessary for completion of the NEPA review.
Should the actual NEPA review for this case exceed four months, the en-
vironmental impact associated with construction activities would not sig-
nificantly be changed, since we estimate that construction will have been
completed and the facility will be ready for fuel loading by about April,
1972. A delay in construction until the NEPA review is completed would
disrupt the labor force and would increase the total actual plant cost.
This cost would be passed on to the consumers.
We have considered the factors specified in Paragraph E.2 of Appendix D to
10 CFR Part 50 and have concluded that if a significantly longer time period
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were required to complete the NEPA review, it would not alter our deter-
mination that construction at the Fort St. Vrain Nuclear Generating Sta-
tion should not be suspended pending completion of the NEPA environmental
review.
3.0 Environmental Impact During the Prospective Review Period
Construction of the facility is scheduled to be completed during the fore-
cast NEPA review period. Construction to be accomplished during the pro-
spective review period consists basically of light construction such as
finishing electrical, instrumentation and small piping systems, and con-
struction of one of four transmission lines. There will be no adverse
environmental impact associated with the completion of this construction.
Although construction of the facility is scheduled to be completed prior
to completion of the NEPA review, we do not presently anticipate that the
facility would be placed in operation until completion of the NEPA review.
• The current construction status and anticipated activities during the
next few months are described below.
Total over-all construction is about 95% complete as of October 13, 1971.
The reactor-turbine building has been designed and constructed to complement
the agricultural setting of the site and is completed. The remaining ex-
terior construction work at the facility will consist of landscaping with grass,
shrubs, and trees inside the station fence. Remaining internal construction
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consists of painting, installation of insulation, and completion of certain
instrumentation and control, electrical, and small piping systems. All
supplies necessary for completion of these systems are already located on-
site, and this construction is expected to be completed by December 31,
1971.
The transmission system connected to the Fort St. Vrain Nuclear Generating
Station consists of four 230 kV transmission lines. Only one of the four
lines remains to be built, with construction to start in November, 1971.
This line will traverse a sparsely populated agricultural route for 25 miles
and an additional 12 mile segment will be in a residential area. The Public
Service Company presently owns and operates a transmission line, which is
constructed on "H" frame wooden poles, through this 12 mile segment. The
construction of this fourth transmission line through the 12 mile residential
segment entails the replacement of the "H" frame wooden poles by new orna-
mental poles, with both the presently existing transmission line and the new
fourth transmission line which is connected to the Fort St. Vrain Nuclear
Generating Station being attached to the new ornamental poles.
The present construction force consists of about 700 men. A delay in
construction at this time would result in the temporary displacement of
the work force. Such a delay could also necessitate protective main-
tenance of plant equipment.
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During the remaining construction period, the small package boiler will be
operated to provide heat to the plant and the standby emergency diesel-
generator set will undergo a testing program. The pollutants contained in
the boiler and diesel exhausts are small and their release has been approved
by the State of Colorado and will operate in full compliance with all
emission standards imposed by federal agencies.
Although there is noise generally associated with the construction of any
major project such as the Fort St. Vrain Nuclear Generating Station, the
facility is 95% complete, and the remaining construction is essentially
noiseless. In addition, most of the remaining work is being conducted
inside the building.
We conclude, due to the present status of over-all plant construction,
that the appearance of the site will become aesthetically more pleasing as
the final stages of external construction are completed, and that the impact
on the environment of the completion of the internal construction will not
be unduly adverse. In addition, since the only remaining transmission line
to be constructed during the NEPA review period traverses agricultural
land except for the 12 mile segment of existing "H" frame poles, which will
actually be improved in appearance, and since the entire transmission line is
necessary whether Fort St. Vrain is in operation or not, the impact of the
completion of the transmission system will not be unduly adverse.
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4.0 Foreclosure of Alternatives During the Prospective Review Period
Since plant construction is about 95% complete, major plant components
such as the radioactive gas waste system, the liquid radioactive waste
system, the cooling towers, the reactor plant ventilation system, the
makeup water system, the storage ponds, the sewage treatment plant, the
demineralizers, the standby diesel generators, and the plant structure
itself are essentially completed. In addition, the auxiliary boiler, the
switchyard, and two transmission lines have not only been completed, but
are already in use. As discussed in Section VI of our Draft Detailed
Statement of Environmental Considerations issued June 7, 1971, "the
Applicant believes that to abandon this project with a concomitant
financial loss as well as loss of energy, labor, and other resources,
would not constitute prudent use of resources unless it were demonstrated
that a significant adverse impact on the environment would result from
its function."
Due to the present status of construction, most of the remaining construc-
tion is related to relatively small systems located inside the reactor
facility which do not directly provide a mechanism for causation of an
environmental impact. Adoption of alternatives in facility design or
operation would require major modifications or replacement of components
that have already been completed and installed in the facility.
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In summary, continued construction during the prospective review period
would not foreclose subsequent adoption of alternatives in facility de-
sign or operation of the type that could result from the ongoing NEPA
environmental review.
5.0 Costs of Delay
We have examined the PSC estimate of costs that might be incurred through
suspension of the Fort St. Vrain Nuclear Generating Station construction
permit in whole or in part. If the permit were to be suspended in its
entirety pending completion of the NEPA review, PSC has stated under
oathl' that an increase in costs associated with such a delay would be in-
curred at the rate of $325,000 per month due to interest on construction
charges alone. This would result in a total amount of $1,300,000 for
the four month period. This estimate does not appear to be unreasonable.
The cost of the reactor operating labor force is $68,000 per month. For
a delay equal to the estimated four month NEPA review period, this would
result in an additional incurred cost of $272,000. Since essentially all
materials necessary for completion of construction have already been pur-
chased and are located at the site, there will be a minimal increase in
cost due to acquiring additional materials. Since the Fort St. Vrain Nu-
clear Generating Station is a "turnkey project" the increase in cost asso-
ciated with the stoppage, relocation, and regrouping of the construction force
will not be borne directly by PSC.
l� See page 16 of the Public Service Company Fort St. Vrain show cause
statement of October 13, 1971.
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PSC states that, without the Fort St. Vrain Plant in 1972, the company
will not have sufficient generating capacity reserve margin to cover the
ordinary contingencies to be expected in day-to-day operation of its
utility system.?]
6.0 Determination and Balancing of Factors
Pursuant to Section E of Appendix D to 10 CFR Part 50, we have taken into
consideration and balanced the following factors in making a determination
whether to suspend the construction permit for the Fort St. Vrain Nuclear
Generating Station pending completion of the NEPA environmental review:
(a) It is not likely that the construction activities to be conducted
during the period that the NEPA review is being completed will give
rise to an incremental impact on the environment that is significant
and unduly adverse. As discussed in Section 3.0 above, the total
over-all plant construction was about 95% complete as of October 13,
1971. The remaining construction consists basically of landscaping
the immediate area around the facility and the completion of light
interior construction. It is expected that the impact of such con-
struction on the environment during the NEPA review period would not
be unduly adverse. The environmental costs of construction associated
with the change of the site from its former undeveloped state already
have been incurred. It is also not likely that the construction of
?/See page 12 of the PSC Fort St. Vrain' show cause statement of October 13, 1971.
The need for power in the PSC customer area is discussed in Section I.A of our
Draft Detailed Statement on Environmental Considerations issued June 7, 1971.
The Federal Power Commission, by letter dated August 19, 1971, has provided
comments on the draft statement relating to the need for power.
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the remaining transmission line during the NEPA review period will
give rise to an incremental impact on the environment that is unduly
adverse. In addition, the construction of the transmission line in
question is necessary whether Fort St. Vrain is put in operation or
not.
(b) Continued construction during the prospective review period would not
foreclose subsequent adoption of alternatives in facility design of
the type that could result from the ongoing NEPA environmental re-
view. As discussed in Section 4.0 above, the present state of con-
struction is such that all major plant components are completed and
the remaining construction does not provide a mechanism for causation
of an unduly adverse environmental impact.
(c) The costs of delay in the construction activities would be substantial.
As discussed in Section 5.0 above, the additional costs incurred by
PSC for interest alone is $325,000 per month. Therefore, for a pro-
spective period of four months to complete the NEPA environmental
review, this charge would amount to $1,300,000. A similar four month
delay in the completion of construction would increase the cost
associated with operating labor for the facility of about $272,000.
Since this is a "turnkey project, " these are the two major additional
costs of delay incurred directly by the applicant. We believe these
costs are reasonable and conclude that the cost of delay outweighs
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the unlikely possibility that expenditures during the remaining
estimated two months of continued construction will affect sub-
stantially a subsequent decision regarding modification of the facility
to reduce the environmental impact.
We have balanced the factors described above, relating to the environ-
mental impact associated with continued construction and the possibility
for foreclosure of alternatives in facility design, against the
effects of delay and conclude that the construction permit should
not be suspended, in whole or in part, pending completion of the
NEPA environmental review.
Pending completion of the full NEPA review, the Public Service Com-
pany of Colorado proceeds with construction at its own risk. The
discussion and findings herein do not preclude the AEC from con-
tinuing, modifying, or terminating the construction permit as a
result of its ongoing NEPA environmental review.
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