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HomeMy WebLinkAboutCAO 09-02 Citlf o~ REPORT TO THE COMMITTEE OF THE WHOLE Report Number: CAO 09-02 Date: November 25, 2002 From: Thomas J. Quinn Chief Administrative Officer Subject: Draft Environmental Assessment Guidelines Pickering (Nuclear) Waste Management Facility Expansion File: UT 3521 Recommendations: 1. That Report CAO 09-02 regarding the Pickering (Nuclear) Waste Management Facility Expansion be received; 2. That Council endorse Report CAO-09-02, including the comments provided by Acres & Associated, as the City of Pickering's comments on the draft EA guidelines for the Pickering (Nuclear) Waste Management Facility Expansion; and 3. That Report CAO 09-02 be forwarded to the Canadian Nuclear Safety Commission for consideration in finalizing the EA guidelines for the Pickering (Nuclear) Waste Management Facility Expansion, and to the Ontario Power Generation for information. Executive Summary: Ontario Power Generation (OPG) submitted notice to the Canadian Nuclear Safety Commission (CNSC) of its intention to expand its existing on-site nuclear waste management facility. The expansion will substantially increase the used dry fuel storage capacity at the Pickering Nuclear Generating Station (PNGS) from approximately 650 containers to over 1500 containers by 2016. The expansion is needed to accommodate used fuel from the nuclear station to the end of its planned 40- year service life. The used fuel storage expansion is subject to a federal environmental assessment, as well as an amendment to the existing CNSC operating licence. In late October, CNSC released draft EA guidelines for a 30-day public review period. Staff asked CNSC for additional time to review the guidelines and bring the matter before Council for consideration, and was granted an extension to December 18th, 2002. Report CAD 09-02 Date: November 25, 2002 Draft EA Guidelines Waste Management Facility Expansion Page 2 The consulting firm of Acres & Associated (Acres) was commissioned to provide technical advice and assistance to staff in reviewing the draft guidelines. Among their various recommendations (see Attachment No.2), Acres provides a number of reasonable and appropriate modifications and enhancements to the guidelines. Of note is the suggestion to use the term "temporary" when describing this project, to ensure it is not misinterpreted as the long-term solution for nuclear waste storage. In addition, because there are no guarantees that a permanent used fuel disposal facility will be available at the end of the 40-year design life of the facility, Acres also requests that the EA guidelines require more detailed consideration of the factors that affect the long-term integrity of the containers. Staff agree with the recommendations made by Acres. We also have an additional comment to provide to CNSC. If approved, the proposed expansion to the existing used fuel storage area at PNGS would more than double the amount of high-level nuclear waste to be stored in Pickering. The EA guidelines must explicitly acknowledge such cumulative effects, by ensuring that the environmental screening assesses the full extent of impacts from the existing dry fuel storage at the plant, as well as the expanded capacity. It is recommended that Council endorse this Report as the City's comments on the draft EA guidelines, and that a copy be forwarded to CNSC for consideration in finalizing the guidelines. Financial Implications: OPG has agreed to cover the costs to the City for the review of the draft guidelines provided by Acres (estimated to be approximately $5,000). OPG has also committed to funding the City's peer review costs associated with the ensuing EA process, which is expected to commence early in 2003. Background: When nuclear fuel comes out of a reactor at Pickering, it is initially stored in water filled pools for a minimum of 10 years. After this period of time, the used fuel bundles can be loaded into dry storage containers (DSCs) and transferred to a storage area elsewhere on site. A single DSC has the capacity to hold up to 384 bundles of used fuel. The existing dry fuel facility at PNGS (referred to as "Phase I") is located at the southeast corner of the site. It has been in operation since 1996, and was constructed as a temporary means of storing used nuclear fuel bundles until the federal government finds a permanent solution to nuclear waste storage in Canada. The facility consists of a warehouse building that has the capacity to hold approximately 650 dry storage containers, and also includes a storage area that houses used nuclear reactor components removed during the retubing of the PNGS A reactors. Report CAD 09-02 Date: November 25, 2002 Draft EA Guidelines Waste Management Facility Expansion Page 3 It is estimated that the Phase I storage facility will reach capacity by 2007. OPG has therefore given notice to CNSC of its intent to expand this facility in order to accommodate the storage of used nuclear fuel until the end of the planned 40-year service life of the station. This "Phase II" expansion would be located on PNGS property, immediately east of the Phase I area (see location map on page 11 of the draft guidelines). It would allow an increase in dry fuel storage capacity from approximately 650 containers to an additional 500 containers by 2007 and a further 400 containers by 2016. In total, should the expansion be approved, there would be approximately 1,500 containers on the Pickering site, holding an estimated 576,000 fuel bundles. To obtain permission to construct the new facility, DPG has applied to the CNSC for an amendment to their current Waste Management Operating License. That application requires an environmental screening to be conducted. The first stage of the process requires CNSC to establish the EA guidelines. This Report addresses only this first stage. Subsequent reports to the Mayor and Council will include status updates on the progress of the environmental screening activities, a report on the final EA Screening Report (including proposed comments from the City to CNSC), and a report on CNSC's final decision on the licensing request. The EA guidelines are administrative and project management directives that OPG and CNSC must follow while conducting the EA. Draft guidelines were recently prepared by CNSC and have been issued for public review and comment (see Attachment No.1). The draft guidelines are supplemented by a detailed "Project Description" document prepared by OPG (a copy of which is available for viewing through the CAO's Office). To assist with the review and analysis of the draft guidelines, staff contracted Acres & Associated (Acres), a consulting firm with technical experience in environmental assessment. Acres also recently assisted the Municipality of Clarington with its review of the draft EA guidelines prepared by CNSC for the Darlington Waste Management Facility. A number of changes that Acres requested during the Darlington process have been incorporated by CNSC into the draft guidelines for Pickering. Comments on the Draft EA Guidelines Acres' reviewed that draft EA guidelines prepared by CNSC. Their observations and comments on the guidelines are attached as Attachment No.2, and are summarized below. General Observations 1. CNSC should use the term "temporary" in describing this project so that in time it does not become the permanent solution for the disposal of nuclear waste. As well, additional information is needed on the long-term integrity of the dry storage containers. Report CAD 09-02 Date: November 25, 2002 Draft EA Guidelines Waste Management Facility Expansion Page 4 2. The City of Pickering needs to be directly involved in the review process. It should not be categorized as part of the general public. 3. The draft guidelines contain a certain amount of duplication and ambiguity in terminology, and the sequential steps do not closely mirror the CEAA process. Specific Comments 1, The terms "environmental assessment", "assessment", "screening", and "screening assessment" appear throughout the document and the use of so many similar terms is confusing. The appropriate single term "environmental screening" should only appear since that is the type of assessment that is being undertaken. 2. The word "temporary" should be included when referring to this project, in order to ensure it is not misinterpreted as the permanent solution to nuclear waste storage (section 2.0 Background). 3. The phrase "potentially significant adverse" should be included to the wording that addresses environmental or public concerns (section 3.0 Application of the Canadian Environmental Assessment Act). 4. Three locations are being considered by OPG for the construction of the new Waste Management Facility within an area of the PNGS site. Therefore, the EA Guidelines should include wording that addresses the review of alternate sites and waste transfer routes (section 8.0 Factors to be Considered in the Screening). 5. Reference to "Malfunctions and Accidents" is appropriate but not in this Item because it already appears in another area of the Draft Guideline (section 9,0 Assessment Methodology). 6. The long-term integrity of the dry storage containers (DSCs) possess concern and therefore the Guidelines should include a requirement to address the following (section 9.0 Assessment Methodology): a) Thermal stress induced concrete cracking (heat from the decay of radioactivity in the used fuel); Radiation induced concrete deterioration such as radiolysis of moisture in concrete; Concrete aging; Corrosion and hydriding of metal components in the DSC. b) c) d) Report CAO 09-02 Date: November 25, 2002 Draft EA Guidelines Waste Management Facility Expansion Page 5 7. Discrepancy exists between the Draft Guidelines and the Project Description regarding the Preliminary Decommissioning Plan. The Guidelines appropriately include the requirement for such a plan while the Project Description does not. The same holds true for some additional matters like inventories of nuclear substances, other hazardous materials, etc. (section 9.0 Assessment Methodology). 8. Considerable duplication regarding the significances of effects appears in Item 9.0 and should be better organized to place the items in sequential order. (section 9.0 Assessment Methodology). 9. The EA Guidelines require a statement that confirms that emergency management issues are to be specifically and appropriately addressed by the EA without compromising the need for secrecy. (section 9.0 Assessment Methodology). 10. The steps that are listed note the involvement of federal and provincial authorities and public and should also include reference to municipalities in regarding to their roles in the EA (section 10 Environmental Assessment Process). Additional Comment On The Draft EA Guidelines Staff concur with the observations and comments provided by Acres. We have also reviewed the draft EA guidelines and have an additional recommendation for the consideration of CNSC. The project, as described, is an expansion to the existing dry fuel storage facility at PNGS. It allows for the on-site storage of up to 900 dry fuel containers. Yet the expansion should not be viewed as a "stand-alone" project. If approved, it would more than double the number of dry fuel storage containers permitted at PNGS to over 1500 containers. In addition to Acres comments, it is therefore requested that CNSC amend the EA guidelines to explicitly acknowledge this fact, and require the EA process to include an assessment of the potential cumulative impacts caused by the expansion, taking into consideration the existing dry fuel storage facility on site, and the environment impacts associated with the existing facility. Report CAO 09-02 Date: November 25, 2002 Draft EA Guidelines Waste Management Facility Expansion Page 6 Attachments: 1. Draft EA Guidelines (Scope of Project and Assessment) Environmental Assessment of the Proposed Pickering Waste M~nagement Facility Phase II Pickering, Ontario 2. Acres & Associated Draft EA Guidelines Comments to City of Pickering Prepared By: Approved I Endorsed By: ~ ,~w (~ AL., oe) Hunwicks -Y'} \I '--Emergency Response Coordinator Thomas E. Me ymuk r/ Division Head, Corp rate Projects & Policy T JQ:ah Attachments Copy: Division Head, Corporate Projects & Policy J:\P&ECOISHARE\UTIL\UT3521\Draft Guidelines Report to Committe of the Whole,2,doc Recommended for the consideraf on of Pickering City Council /I AnACHMENT ,\ TO REPORT ,CID - D~ -0 ~ ç~ \c~ ~i Draft EA Guidelines (Scope of Project and Assessment) Environmental Assessment of the Proposed Pickering Waste Management Facility Phase II Pickering, Ontario \ Prepared by the Canadian Nuclear Safety Commission October 2002 2.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 l4.0 ATTACHMENT# , TO REPORT#CJ\D~ cf\-~ % ~ (')\'. c9 \ TABLE OF CONTENTS 1.0 PURPOSE......................................................................... .......... ..... ............. 3 BACKGROUND.................................. ........................................................ 3 3.0 APPLICATION OF THE CANADIAN ENVIRONMENTAL ASSESSMENT ACT........................................................................................ 4 IDENTIFICATION OF OTHER FEDERAL AND PROVINCIAL EXPERT DEPARTMENTS .......................................................................... 5 DELEGATION OF ASSESSMENT STUDIES TO ONTARIO POWER GENERATION........ ............................................ .......................................... 5 PUBLIC REGISTRY..................... ................................................................ 5 SCOPE OF THE PROJECT .......................................................................... 6 FACTORS TO BE CONSIDERED IN THE SCREENING ......................... 6 ASSESSMENT METHODOLOGY.............................................................. 7 9.1 Structure of the Screening Report...................................................... 7 9.2 Specific Information Requirements ................................................... 8 9.2.1 Proj ect Description................................................................... 8 9.2.2 Spatial & Temporal Boundaries of the Assessment ............ 10 9.2.3 Description of the Existing Environment ............................ 13 9.2.4 Assessment and Mitigation of Environmental Effects.......... 14 9.2.5 Assessment of Cumulative Effects ...................................... 17 9.2.6 Assessment of the Effect on the Capacity of Renewable Resources ................................. ............................................ 17 9.2.7 Significance of the Residual Effects ..................................... 17 9.2.8 Stakeholder Consultation ............ ................... ..... ........ ......... 18 9.2.9 Follow-up Program .. ........... ............................. ..... ........ ....... 18 ENVIRONMENTAL ASSESSMENT PROCESS................. ....................... 19 CONCLUSIONS AND RECOMMENDATIONS FOR DECISION.......... 20 CONTACTS FOR THE ASSESSMENT .................................................... 20 REFERENCES............................................................................................ 20 GLOSSARY OF TERMS.......................... .................................................. 21 2 ATTACHMENT #-L..,TD REPORT :¡.t~Q-cf\-D~ \)& ~ C!J~ &; 1.0 PURPOSE The purpose of this document is to provide guidance on the scope of the environmental assessment (EA) to be conducted of the proposed Pickering Waste Management Facility (PWMF) Phase II Project in Pickering, Ontario. The facility proposed by Ontario Power Generation Inc (OPG) would be an expansion of the existing PWMF to accommodate used fuel from Pickering Nuclear Generating Stations (PNGS) A and B to the end of the planned 40-year service life of the PNGS. OPG has submitted a project description for the proposal to the CNSC. A federal environmental assessment is required under the provisions of the Canadian Environmental Assessment Act (CEAA). Under the CEAA, the scope of the project and the scope of the factors included in the assessment are to be determined by the Responsible Authority which in this case is the Canadian Nuclear Safety Commission (CNSC). The EA Guidelines will describe the basis for the conduct of the EA, and focus the assessment on relevant issues and concerns. The document will also provide specific direction to the proponent, OPG, on how to document the technical environmental assessment study which will be delegated to them by the CNSC staff pursuant to subsection 17(1) ofthe CEAA. In addition, the Guidelines will provide a means of communicating the CNSC's environmental assessment process to stakeholders. 2.0 BACKGROUND Ontario Power Generation Inc. submitted notice to the CNSC of its intention tq apply for a licence to construct a waste management facility for the dry storage of used fuel; to transfer loaded welded Dry Storage Containers (DSCs) from pWMF I to the new storage facility; and to operate and maintain the storage buildings comprising the facility. The PWMF Phase II construction, if approved, would be authorized by an amendment of an existing licence for the Class 1B Nuclear Facility, pursuant to subsection 24(2) of the Nuclear Safety and Control Act (NSCA). The transfer of loaded welded DSCs would also be authorized through an amendment to this licence. OPG must comply with the requirements of the NSCA and its regulations. The environmental assessment to be completed under CEAA will provide part of the information that the CNSC will use in considering OPG's licence application. The application will also be subjected to a thorough evaluation under the provisions of the NSCA and its regulations. That includes a detailed safety review and a licensing process that affords the public the opportunity to provide input to the Commission prior to any licensing decision being made on the proposed construction. 3 7) 8) 9) 10) 11) 12) 13) 14) 9.2 ATTACHMENT# \ TO REPORT#~-~~-~~ %ßð~d\ Description of the Existing Environment Assessment and Mitigation of Environmental Effects - description of assessment methodology - effects of construction - effects of normal operations, malfunctions and accidents, and natural hazards Cumulative Environmental Effects Significance of Residual Effects Stakeholder Consultation Follow-up Program Conclusions and Recommendations for Decision References Specific Information Requirements 9.2.1 Project Description The screening report will include a clear and comprehensive statement of the purpose of the project. In this case, the purpose of the PWMF Phase II Project is to provide additional capacity for the dry storage of used fuel bundles. An adequate description of the project is necessary to permit a reasonable consideration in the screening of the environmental effects of the project. The project description will be a thorough description of the operational, physical, chemical and radiological characteristics of the facility. It will include a proposed schedule for the construction, operation and on-going maintenance of the facility. It will include a description of the activities involved in the transfer of used fuel bundles in welded DSCs from the processing building or storage buildings of Phase I to the PWMF Phase II, and of the additional infrastructure required for these activities to occur. Furthermore, the project description will include a detailed description of Ontario Power Generation, including its ownership, organization, structure and technical capabilities. The main objective ofthe project description is to identify and characterize those specific components and activities that have the potential to interact with, and thus result in a likely change or disruption to, the surrounding environment, during construction, during normal operations, during malfunctions and accidents. Construction and Normal Operations The following information will be provided in summary form; where applicable, reference may be made to more detailed information: the location of the project components; the basic configuration, layout, shape, size, design and operation of the facility and supporting infrastructure 8 ATTACHMENT# \ TO REPORT#~~a~-~~ Q~ ~C>~ ~L the size ofthe Phase II storage facility based on the projection of used fuel volumes expected to arise from the operation of the PNGS; a description of the transportation operation including a description of the transporter used to transfer the loaded containers to the PWMG Phase II a description of any necessary road construction or upgrades site preparation and construction activities the inventories of nuclear substances and other hazardous materials to be stored at the facility, including locations and storage methods; the sources, types and quantities of radioactive, hazardous and non-hazardous waste predicted to be generated by the project; the on-site processes for the collection, handling, transport, storage and disposal of radioactive, hazardous and non-hazardous wastes to be generated by the project; the predicted sources, quantities and points of release from the project of emissions and effluents containing nuclear substances and hazardous materials; the sources and characteristics of any fire hazards; the sources and characteristics of any noise, odour, dust and other likely nuisance effects from the project; the key components of the facility relevant to environmental performance and safety during the siting and construction activities, and during the subsequent operations; the sources and characteristics of any potential risks to workers, the public or the environment from the project; key operational procedures relevant to protection of workers, the public and the environment relating to the project; the predicted doses to workers involved with the associated operations and activities that are within the scope of this project; the key components of the facility and its physical security systems (excluding prescribed information) that are relevant to management of malfunctions and accidents that may occur during the siting and construction activities, and during the subsequent operations; and a description of the relevant organizational and management structure, and staff qualification requirements with emphasis on safety and environmental management programs. Malfunctions and Accidents This section should include: a description of specific important malfunction and accident events that have a reasonable probability of occurring during the life of the project, including an explanation of how these events were identified for the purpose of this environmental assessment; a description of the source, quantity, mechanism, rate, form and characteristics of 9 ATTACHMENT# \ TO REPORT#~~D~_Q>~ ç~ \c D\&\ contaminants and other materials (physical, chemical and radiological) likely to be released to the surrounding environment during the postulated malfunction and accident events; and a description of any contingency, clean-up or restoration work in the surrounding environment that would be required during, or immediately following, the postulated malfunction and accident events. Preliminary Decommissioning Plan A preliminary decommissioning plan for the facility will be included in the assessment. The preliminary plan will document, as appropriate, the preferred decommissioning strategy and end- state objectives; the major decontamination, disassembly and remediation steps; the approximate quantities and types of waste generated; and an overview of the principal hazards and protection strategies envisioned for decommissioning. However, as indicated in section 7.0, long term waste management options will not be included. The long-term management of radioactive waste, including irradiated nuclear fuel, is being developed through separate federal legislation. 9.2.2 Spatial and Temporal Boundaries of the Assessment The consideration of the environmental effects in the screening needs to be conceptually bounded in both time and space. This is more commonly known as defining the assessment study areas and time frames, or spatial and temporal boundaries of the screening. The geographic study areas for this screening must encompass the areas of the environment that can be reasonably expected to be affected by the project, or which may be relevant to the assessment of cumulative environmental effects. Study areas will encompass all relevant components ofthe environment including the people, land, water, air and other aspects ofthe natural and human environment. Study boundaries will be defined taking into account ecological, technical and social/political considerations. The following geographic study areas are suggested: Site Study Area: The Site Study Area includes PWMF II Siting Area and the area encompassed by the associated transfer routes. (Figure 1). Local Study Area: the Local Study Area is defined as that area existing outside the site study area boundary, where there is a reasonable potential for immediate impacts due to either ongoing normal activities, or to possible abnormal operating conditions. It includes the facilities, buildings and infrastructure at the Pickering NGS site, including the licensed exclusion zone for the site on land and within Lake Ontario The outer boundaries of the Local Study Area encompass an area that includes lands within the City of Pickering, the town of Ajax, and the eastern part of Toronto closest to the Pickering NGS site, as well as a portion of Lake Ontario abutting, and used 10 CI CD s.... « >. "C ~ ....... U) CD ....... .- U) . . -.:- e :::s CD .- LL ATTACHMENT# \ TO REPORT#cro.~D'\-O~ % \\ D~ ó} \ 11 cu CD So.. « >. "0 ::s ...... UJ - cu c 0 .- e» CD ~ "0 C cu - cu u 0 ..J . . N ! ::J r:::D .- LL ATTACHMENT# \ TO REPORT#~-O~-a~ \)6 \é;) 0\ ~ \ 12 ATTACHMENT#-Í-TO REPORT#C'JkzD~-O~ % \'~ a~ &\ by, those communities for such activities as recreation, water supply and waste water discharge. The boundaries may change as appropriate following a preliminary assessment of the spatial extent of potential impacts (Figure 2). Regional Study Area: the Regional Study Area is defined as the area wherein there is at least the potential for cumulative and socio-economic effects, and it includes the lands, communities and portions of Lake Ontario around the Pickering NGS that may be relevant to the assessment of any wider-spread effects of the project (Figure 2). The temporal boundaries for this assessment must establish over what period of time the project- specific and cumulative effects are to be considered. The initial time frame for the assessment will be the duration of the project; that is, the planned duration of the construction and operation phases, and of decommissioning based on a preliminary decommissioning plan. Both the study areas and time frames will remain flexible during the assessment to allow the full extent of a likely environmental effect to be considered in the screening. For instance, should the results of modelling demonstrate that there is dispersion of a contaminant that is likely to cause an environmental effect beyond the boundaries identified above, it will be taken into account in the assessment. 9.2.3 Description of the Existing Environment A description of the existing environment is needed to determine the likely interactions between the project and the surrounding environment and, likewise, between the environment and the project. Both the biophysical environment and the socio-economic (human, cultural) environment are to be considered. An initial screening oflikely project-environment interactions will be considered in identifying the relevant components of the environment that need to be described. The general components of the environment that should be described in the various study areas include, but should not necessarily be limited to: . meteorology and climate; air quality; nOIse; physiography and topography; soil quality; geology; seismic activity; hydrogeology; groundwater quality (physical and chemical); surface hydrology; surface water quality (physical and chemical); . . . . . . . . . . 13 ATTACHMENT # \ TO REPORT #Çk¿~() ~-a~ % \~ a\' @\ . aquatic ecology; and terrestrial ecology. . The description of the human components of the above environment should include, but should not necessarily be limited to: . population (including relevant demographic characteristics); economic base; community infrastructure and services; renewable and non-renewable resource use; existing and planned land use; health; heritage, cultural and archaeological sites; recreation areas; and use of lands and resources for traditional purposes by aboriginal persons. . . . . . . . . Valued Ecosystem Components (VECs) in the existing environment will be identified and used as specific assessment end-points. VECs are environmental attributes or components identified as having a legal, scientific, cultural, economic or aesthetic value. The VECs proposed in the EA methodology for this project will be reviewed and accepted by CNSC staff in the early phases of the EA study. The required level of detail in the description of the existing environment will be less where the potential interactions between the project and various components of the environment are weak or remote in time and space. Relevant existing information may be used to describe the environment. Where that information is significantly lacking, additional research and field studies may be required to complete the screening assessment. Any work done by OPG to fill identified gaps in information will be reviewed by CNSC staff as progress is being made. 9.2.4 Assessment and Mitigation of Environmental Effects The consideration of environmental effects in the screening will be done in a systematic and traceable manner. The assessment methodology will be summarized. The results of the assessment process should be clearly documented using summary matrices and tabular summaries where appropriate. Assessment of Effects Caused by the Project The assessment will be conducted in a manner consistent with the following general method: 1) Identify the potential interactions between the project activities and the existing environment during construction and normal operations, and during identified relevant malfunctions and accidents. 14 ATTACHMENT # \ TO REPORT #~-Û~-,~ % \~D\', ~ \ Specific attention will be given to interactions with the identified VECs. In this step, the standard design and operational aspects from the project description that prevent or significantly reduce the likelihood of interactions occurring with the environment should be reviewed. Opportunities for additional impact mitigation measures are addressed in step 3 below. 2) Describe the resulting changes that likely would occur to the components of the environment and VECs as a result of the identified interactions with the project. Each environmental change must be described in terms of whether it is direct, indirect, positive or adverse. Identified changes in socio-economic conditions and various aspects of culture, health, heritage, archaeology and traditional land and resource use may be limited to those that are likely to result from the predicted changes that the project is likely to cause to the environment. The consideration of public views, including any perceived changes attributed to the project should be recognized in the assessment methodology. For each identified effect, the predicted magnitude, duration, frequency, timing, probability of occurrence, ecological and social context, geographic extent, and the degree of reversibility, should be considered in determining if it is a likely adverse effect. Quantitative as well as qualitative methods may be used to identify and describe the likely adverse environmental effects. Professional expertise and judgment may be used in interpreting the results of the analyses. The basis of predictions and interpretation of results, as well as the importance of remaining uncertainties, will be clearly documented in the EA study report. 3) Identify and describe mitigation measures that may be applied to each likely adverse effect (or sequence of effects), and that are technically and economically feasible. Mitigation strategies should reflect precautionary and preventive principles. That is, emphasis should be placed on tempering or preventing the cause or source of an effect, or sequence of effects, before addressing how to reverse or compensate for an effect once it occurs. Where the prevention of effects cannot be assured, or the effectiveness of preventive mitigation measures is uncertain, further mitigation measures in the form of contingency responses, including emergency response plans, will be described. Where cost/benefit analyses are used to determine economic feasibility of mitigation measures, the details of those analyses will be included or referenced. 4) Describe the significance of the environmental effects that likely will occur as a result of 15 ATTACHMENT# \ TO AEPOAT#~~~-a~ % \lo~ &\ the project, having taken into account the implementation of the proposed mitigation measures. The criteria for judging and describing the significance of the residual (post-mitigation) effects will include: magnitude, duration, frequency, timing, probability of occurrence, ecological and social context, geographic extent, and degree ofreversibility. Specific assessment criteria proposed in the EA methodology for this project will be reviewed and accepted by CNSC staff in the early phases of the EA study. Existing regulatory and industry standards and guidelines are relevant as points of reference for judging significance. However, professional expertise and judgement should also be applied in judging the significance of any effect. All applicable federal and provincial laws must be respected. The analysis must be documented in a manner that readily enables conclusions on the significance of the environmental effects to be drawn. The CNSC, as the responsible authority for the EA project, must document in the screening report a conclusion, taking into account the mitigation measures, as to whether the project is likely to cause significant adverse environmental effects. Assessment of Effects of the Environment on the Project The assessment must also take into account how the environment could adversely affect the project; for example, from severe weather or seismic events. The assessment must also take into account any potential effects of climate change on the project, including an assessment of whether the project is sensitive to changes in climate conditions during its life span. This part of the assessment will be conducted in a step-wise fashion, similar to that described for the foregoing assessment of the project effects. The possible important interactions between the natural hazards and the project will be first identified, followed by an assessment of the effects of those interactions, the available additional mitigation measures, and the significance of any remaining likely adverse environmental effects. Assessment of Effects of the Project on the Capacity of Renewable Resources The assessment must also take into account whether the likely project-related environmental effects will impact on the capacity of renewable resources to meet the needs of the present and those of the future. The potential interactions between the project and the environment will be identified and assessed in order to determine the likelihood of interactions between the project and resource sustainabili ty. 16 ATTACHMENT# \ TO REPORT#QJ\Q-(§\-C:l~ % \\~&\ 9.2.5 Assessment of Cumulative Effects The effects ofthe project must be considered together with those of other projects and activities that have been, or will be carried out, and for which the effects are expected to overlap with those of the project (i.e., overlap in same geographic area and time). These are referred to as cumulative environmental effects. An identification of the specific projects and activities considered in the cumulative effects will be included in the Screening Report. In general, the cumulative effects assessment will consider the combined effects of the project with the neighbouring or regional industries and other developments. The information available to assess the environmental effects from other projects can be expected to be more conceptual and less detailed as those effects become more remote in distance and time to the project, or where information about another project or activity is not available. The consideration of cumulative environmental effects may therefore be at a more general level of detail than that considered in the assessment of the direct project-environment interactions. Where potentially significant adverse cumulative effects are identified, additional mitigation measures may be necessary. 9.2.6 Assessment of the Effects on the Capacity of Renewable and Non-renewable Resources The assessment must also take into account whether the likely project-related environmental effects will impact on the capacity of renewable and non-renewable resources to meet the needs of the present and those of the future. The potential interactions between the project and the environment will be identified and assessed in order to determine the likelihood of interactions between the project and resource sustainability. 9.2.7 Signifìcance of the Residual Effects The preceding steps in the screening will consider the significance of the environmental effects of the project on the environment, the natural hazards on the project, project malfunctions and accidents, and other projects and activities that could cause cumulative effects. The screening will consider all of these effects in coming to a final conclusion as to whether the project, taking into account the mitigation measures, will likely cause significant adverse environmental effects. The CNSC, as the responsible authority, will document this conclusion in the screening report. 17 ATTACHMENT # \ TO REPORT # ~ -D'\- ~~ ~ \~~&\ 9.2.8 Stakeholder Consultation The assessment will include notification of, and consultation with, the potentially affected stakeholders, including the local public. Various media will be used to inform and engage individuals, interest groups, local governments and other stakeholders in the assessment. Ontario Power Generation will be expected to hold appropriate public consultation meetings. The stakeholder consultation program of Ontario Power Generation will be continuously monitored by the CNSC staffthroughout the environmental assessment process. Throughout the environmental assessment process, various stakeholders, including the following, will be consulted: federal government provincial government local government established committees general public First Nations and aboriginal communities neighbouring residents local businesses non-government organizations and interest groups The Screening Report will contain a summary review of the comments received during this environmental assessment process. The Screening Report will indicate how issues identified have been considered in the completion of the assessment, or where relevant, how they may be addressed in any subsequent licensing and compliance process. The CNSC will also establish a public consultation process in the review and decision-making process for the Screening Report. This will include opportunities for the public to review and comment to CNSC staff on the draft Screening Report, as well as to comment and make interventions before the Commission on the final Screening Report. 9.2.9 Follow-up Program A preliminary design and implementation plan for a follow-up program will be included in the Screening Report. The purpose of the follow-up program is to assist in determining if the environmental and cumulative effects of the project are as predicted in the Screening Report. It is also to confirm whether the impact mitigation measures are effective, and to determine if any new mitigation strategies may be required. The design of the program will be appropriate to the scale of the project and the issues addressed in the EA. 18 ATTACHMENT# \ TO REPORT #Ç.k¿.C~-~~ % \~ C>~ <S> \ If a licence is issued to Ontario Power Generation under the NSCA, the CNSC licensing and compliance program will be used as the mechanism for ensuring the final design and implementation of any follow-up program and the reporting of program results. The program would be based on regulatory principles of compliance, adaptive management, reporting and analysis. 10.0 ENVIRONMENTAL ASSESSMENT PROCESS The following points indicate the key steps likely to be followed by CNSC staff during the environmental assessment process. Some steps have already been completed: . Determination of the application ofCEAA to the project, including application of the Federal Coordination Regulation; establishment of Public Registry; and stakeholder notification (completed) . Preparation of working draft of EA Guidelines; distribution of draft EA Guidelines to proponent and federal and provincial authorities; receipt of comments from federal and provincial authorities and preparation of draft for public comment (completed) . Distribution of draft EA Guidelines for public comment (in progress) . CNSC staff review and disposition of comments received; revision of Draft EA Guidelines for submission to the Commission of CNSC; Commission of CNSC approval of EA Guidelines . CNSC staff delegation of consultative and technical studies to the proponent . Distribution of draft EA study report to review team (CNSC staff, federal and provincial authorities); revision, as appropriate, ofEA study report; CNSC staff preparation of draft screening report . Public review and comment on draft screening report; CNSC staff review and dispositioning of public comments; CNSC completion of screening report; . CNSC staff preparation of screening report CMD for Commission consideration; Public notification of Commission Hearing . CMD presentation of screening report to Commission Hearing (Day 1) Commission Hearing (Day 2) Commission Hearing Record of Decision . . 19 ATTACHMENT# \ TO REPORTit~-o~-c~ % @~ C)~ ~\ CONCLUSIONS AND RECOMMENDATIONS FOR DECISION 11.0 The Screening Report will present a conclusion by CNSC as to whether the project is likely to cause significant adverse environmental effects, taking into account the appropriate mitigation measures. CNSC staff will make recommendations to the Commission on taking decisions on the environmental assessment and project-related public concerns, consistent with section 20 of the CEAA. Decisions by the Commission will be made through Commission hearing procedures. 11.0 CONTACTS FOR THE ASSESSMENT Anyone wishing to obtain additional information or provide comments on any aspect of the environmental assessment being conducted on the proposed construction and operation of the Pickering Waste Management Facility Phase II may do so through the following CNSC staff contacts: Ms. Heather Humphries Environmental Assessment Specialist Processing Facilities and Technical Support Division Canadian Nuclear Safety Commission 280 Slater Street, P.O. Box 1046 Ottawa, Ontario K1P 5S9 Phone: 1-800-668-5284 Fax: (613) 995-5086 Internet: ceaainfo@cnsc-ccsn.gc.ca Ms. Kay Klassen Licensing Officer Canadian Nuclear Safety Commission 280 Slater Street P.O. Box 1046 Ottawa, Ontario K1P 5S9 Phone: 1-800-668-5284 Fax: (613) 995-5086 Internet: ceaainfo@cnsc-ccsn.gc.ca 20 ATTACHMENT# \ TO REPORT#~-o~\-Q)& ~~\ ~~ ~\ 12.0 REFERENCES 1. Letter, R. Dicemi (OPG) to C. Maloney (CNSC), January 31, 2002. "Intent to Construct Phase II o/the Pickering Waste Management Facility". 2. Letter, K.E. Nash (OPG) to K. Klassen (CNSC), June 12,2002. Pickering Waste Management Facility Phase II Project - Project Descriptionfor Environmental Assessment Scoping", with attached report, "Pickering Waste Management Facility Phase II Project- Project Description (June 2002). 13.0 GLOSSARY OF TERMS 1. "environmental effect" means, in respect of a project, (a) any change that the project may cause in the environment, including any effect of any such change on health and socio-economic conditions, on physical and cultural heritage, on the current use of lands and resources for traditional purposes by aboriginal persons, or on any structure, site or thing that is of historical, archaeological, paleontological or architectural significance, and (b) any change to the project that may be caused by the environment, whether any such change occurs within or outside Canada. 21 ATTACHMENT' ~ TO AEPORT#Qk¿~c~-C\ % \ 0 S; Lc, i;,~~~jateð Environmental Scientists and Consulting El1gineel's November!3, 2002 File: 2002-5897 - 5,() City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontariø LlV 6K7 Attention; Mr At. (Joe) Hunwícks Emergency Response Coordinator Re: PEER REVIEW DRAFT ENVIRONMENTALASSESSMENT GUIDELINES FOR PROPOSED PICKERING WASTE MANAGEMENT FACILITY (pHASE II) DcaI' Mr, llunwicks: Please find attached onr comments on thc "Draft El1vironmental Assessment Guidelines" documcnt (October 2002) that the Canadian Nuclear Safety Comll1ÎsS10n (CNSC) prepared for Ontario Power Generation (OPG)in connection with the Proposed Pickering Waste Management Facility (Phase 11). In general, our comments are threeÜ)ld, Our first general comment concems tbe fact that this project is designed to be a temporary solution until a long term solution is fOtl11d for the disposal of the PNGS-A and -13 waste Inaterials, Therefore, 0) we are urging adoption of the teml tempormy in describing this project in the EA documents so that il1 time it docs 11ot become the permanent solution and (ii) are requesting that infolmation be pro'vided in the EA documentsconceming the factors that affectlong-tenll integrity ofthc DSCs, Our second general comment is in reference to the Municipality being a separate entity from the general public, The Municipality is, and needs to be, direedy involved in the review process and in our opinion should not be categorized in the GuideJines or subsequent fA documents a.<; part of the general public, Our third general comment concems the Ü'amework of the Draft Guidelines versus the CEAA process, Although "ve are comfortable that the Guide! ines are suH1cient and adequate to ensure that the EA documents wiIJ be prepared in accordance with the CEAA process, we are of the view that there is a celtain amount of duplication and am biglli ty in terminology in the Guidelines and that the sequential steps do not closely mim.1r the CEAA process, Therefore, we fee] that the Guidelines & I,¡¡¡!1teò ""'-""'~"'-"""""',,"~"-,,"""""""'- 5212 ¡ Four Se¡\sol1$ PlMt, forontü, Onwr(o j19D (IJh) F;¡ndl1lile CHili 62l<tJ2i9 .. .¡,H2 Queen Strcet, 1'.0, Box IOU!. .'\hrgara faU$, Om;¡rln UE (¡WI TcJepllO!1(; (l)O5) 57'1+170 i'ac$irnile 37(,83&5 ATTACHMENT# é;) TO REPORT#~.c§\-~~ %~CJ~lo November 13, 2002 The City of Pickering. 2 occasionaHy rnakc it more difficult for the person to ul1derstand the CEAA 11'amework that is being provided to OPG Îll preparing their EA documents, We hope our cornments are of assistance in addressing the concerns of the Municipality, and in fo1111uJating your Staff Report and reply to the CNSC Pleï!Sc do not hesitate to COtltact me at (905) 374-4470, should you have any questions concemìng the above Yours truly, ACRES & ASSOCIATED ENVIRONMENTAL LIMITED ~~~,ø Bruce G. Bennett, M,Sc, Project Manager 13GB Attach M :\AandA\ProjuC!$\200 Z\O25397\Report\co'lerltr^raport^final. wpd Acres &: A&,;()c1aœò ...\ ATTACHMENT # ~ TO REPORT #~-ö~- a~ % ~c~ lo. ACRES & ASSOCIATED ENVIRONMENTAL LIMITED COMMENTS ON "DRAFT ENVIRONMENTAL ASSESSMENT GUIDELINES" FOR PROPOSED PICKERING WASTE MANAGEMENT FACILITY (PHASE II) 1 GENERAL COMMENTS We note throughout the document that the terms "environmental assessment", "assessment", "screening", and "screening assessment" appear to be used interchangeably. It would reduce the confusion to municipal staff, councilors and the public at large if the term "environmental screening" could be used throughout to make it very clear to all concerned that the CNSC has determined that this is an "environmental screening" (rather than "a comprehensive study") in accordance with the requirements of the Canadian Environmental Assessment Act (CEAA). 2 COMMENTS ON "2.0 BACKGROUND" We recommend that the first sentence of this Section be modified to read ". . . to apply for a licence to construct a temporary waste management facility for the dry storage of used fuel; to transfer. . . . . comprising the facility, until a permanent disposal facility becomes available. " The City of Pickering (the Municipality) acknowledges that this proposed facility is Phase II of the originally planned expansion of the existing Pickering Waste Management Facility (PWMF-I). Nevertheless, the purpose of this facility is to accommodate used fuel from the Pickering Nuclear Generating Station -A and -B until such time as a long- term management facility becomes available. In our opinion, emphasizing the word temporary is consistent with: . the statements made in the last paragraph of Section 7.0 of the Draft EA Guidelines whereby, on page 6, it is stated that "The long-term management of radioactive waste, including irradiated nuclear fuel, is being developed through separate federal legislation" and "Consequently, it is premature to examine long-term waste management alternatives as part ofthe scope of this project", and . the statements made under Section 9.0 of the Draft EA Guidelines whereby, on page 10, it is stated that long-term waste management options will not be considered as part of the Conceptual Decommissioning Plan for the reasons stated above. 3 COMMENTS ON "3.0 APPLICATION OF THE CANADIAN ENVIRONMENTAL ASSESSMENT ACT" We suggest the following modification to the first sentence of the last paragraph of Section 3.0 of the Draft EA Guidelines: "At this time, CNSC staff is not aware of any potentially signifrcant adverse environmental effects or public concerns. . . " This CJ.p .~ ATTACHMENT # N TO REPORT It 0,\- ACRES & ASSOCIATED ENVIRONMENTAL LIMITED % ~ O-\.l..o. C8I- COMMENTS ON "DRAFT ENVIRONMENTAL ASSESSMENT GUIDELINES" FOR PROPOSED PICKERING WASTE MANAGEMENT FACILITY (PHASE II) clarifies for municipal staff, councilors and the public at large more precisely what would warrant a referral to a mediator or review panel as per CEAA Section 25. 4 COMMENTS ON "4.0 IDENTIFICATION OF OTHER FEDERAL AND PROVINCIAL EXPERT DEPARTMENTS" No comments on content/wording of this section. 5 COMMENTS ON "5.0 DELEGATION OF ASSESSMENT STUDIES TO ONTARIO POWER GENERATION" No comments on content/wording of this section. 6 COMMENTS ON "6.0 PUBLIC REGISTRY" No comments on content/wording of this section. 7 COMMENTS ON "7.0 SCOPE OF THE PROJECT" No comments on content/wording of this section. 8 COMMENTS ON "8.0 FACTORS TO BE CONSIDERED IN THE SCREENING" We feel that it is important that the Draft EA Guidelines acknowledge that there are three sites within the siting area and alternative methods (i.e., transfer routes) to be considered and assessed. Therefore, we recommend that the first sentence of the third paragraph be modified to read ". . . the CNSC will also consider the purpose of the project, the alternative sites within the PWMF II siting area, alternative transfer routes, the need for, and requirements of, a follow-up. . . " 9 COMMENTS ON "9.0 ASSESSMENT METHODOLOGY" We disagree with the last paragraph of Section 9.2.1 regarding the main objective of the project description. In our opinion, the main objective of the project description is to simply describe the project (as it already has in the second paragraph of Section 9.2.1) and not for the reasons provided in the last paragraph of this section. Therefore, we feel that Section 9.2.1 should only include the "Construction and Normal Operations" and "Preliminary Decommissioning Plan" subsections. In our opinion, the inclusion of the "Malfunctions and Accidents" subsection as part of the project description is inappropriate and is more correctly placed (as it already is) in Section 9.2.5 (Assessment and Mitigation of Environmental Effects). We are concerned about the long-term integrity of the dry storage containers (DSCs) over time since there is no guarantee that a permanent used fuel disposal facility will be Page 2 of 4 ~c~ ACRES & ASSOCIATED ENVIRONMENTAL LIMITED ATTACHMENT #tTO REPORT#~ Sc>~ La. COMMENTS ON "DRAFT ENVIRONMENTAL ASSESSMENT GUIDELI S" FOR PROPOSED PICKERING WASTE MANAGEMENT FACILITY (PHASE II) available even at the end of the 40-year design life ofthe DSCs. Therefore, on pages 6/7 of the Draft EA Guidelines under the "Construction and Normal Operations" of Subsection 9.2.1, we would like to see reference made to the provision of more detailed information concerning the factors that affect long-term integrity. These include: . Thermal stress induced concrete cracking (heat from the decay of radioactivity in the used fuel) . Radiation induced concrete deterioration such as radio lysis of moisture in concrete . Concrete aging . Corrosion and hydriding of metal components in the DSC There appears to be a discrepancy between the Draft EA Guidelines and the Pickering Project Description Report (#92896-REP-0770 1-0000 I, June 2002) regarding inclusion of the Preliminary Decommissioning Plan in the EA. Section 9.2.1 ofthe Draft EA Guidelines states "a preliminary decommissioning plan for the facility will be included in the assessment". However, Section 2.6 of the Project Description Report states "decommissioning is not part ofthe scope of the proposed PWMF II Project EA" and makes reference to the preliminary decommissioning plan of the existing PWMF 1. While this might be acceptable, the apparent discrepancy with the Draft EA Guidelines should be resolved. Some of the requirements stated in Section 9.2.1 (Project Description) of the Draft EA Guidelines do not appear to be included in the Project Description Report (June 2002 version), such as inventories of nuclear substances and other hazardous materials to be stored at the facility, description of malfunction and accident events. We assume the Project Description section of the EA report will include all the requirements of the EA Guidelines. There is considerable duplication regarding the significance of effects as noted in Subsections 9.2.4 (2), (4) and 9.2.7. It is recommended that the discussion regarding significance of effects should be removed from Subsections 9.2.4 (2) and (4) and incorporated into Subsection 9.2.7 since this is the appropriate sequence of events, i.e. significance is only determined on residual effects after application of mitigation, where feasible. Therefore: . On page 15 of the Draft EA Guidelines under Subsection 9.2.4 (2), the third paragraph commencing "For each identified effect, the predicted magnitude, duration, frequency, timing, . . . " should be removed because this is the procedure for identifying the significance of effects. . Subsection 9.2.4 (4) should be removed in its entirety and the three paragraphs comprising this subsection should be incorporated into Subsection 9.2.7 "Significance of the Residual Effects". Page 3 of 4 ~, _...'"\ c~- ACRES & ASSOCIATED ENVIRONMENTAL LIMITED ATTACHMENT #'-4' TO REPORT#.QS;L ~ ~a,~ LD COMMENTS ON "DRAFT ENVIRONMENTAL ASSESSMENT GUIDELlNÈ~ FOR PROPOSED PICKERING WASTE MANAGEMENT FACILITY (PHASE II) Recent events have also highlighted the issue of preparedness/response to unforeseen events (i.e., safeguards against nuclear material diversion or terrorist attacks). It is recognized that this issue is of utmost concern to both OPG and the CNSC and that the preparedness/response to these events is a high security matter and not for the public record. Nevertheless, we feel that a statement is needed in the Draft EA Guidelines that confirms that this very sensitive issue has/is being addressed by OPG and the CNSC. 10 COMMENTS ON "10.0 ENVIRONMENTAL ASSESSMENT PROCESS" We recommend the following changes to wording of some of the steps that are listed in this section to acknowledge the direct participation of the Municipality in the review process. . Preparation of working draft of EA Guidelines; distribution of draft EA guidelines to proponent and federal and provincial authorities; receipt of comments from federal and provincial authorities and preparation of draft for municipal and public comment (completed) . Distribution of draft EA Guidelines for municipal and public comment (in progress) . Distribution of draft EA study report to review team (CNSC staff, federal and provincial authorities) and the Municipalities; revision, as appropriate, ofEA study report and issue to relevant federal, provincial and municipal agencies, and public notification; CNSC staff preparation of draft screening report . Municipal and public review and comment on draft screening report; CNSC staff review and dispositioning of municipal and public comments; CNSC completion of screening report 11 COMMENTS ON "11.0 CONCLUSIONS AND RECOMMENDATIONS FOR DECISION" No comments. Page 4 of 4