cability and validity of, and compliance with. State standards and requirements for the protection of the environment. Paragraphs 11, 12, and 13 in revised Appendix D clarify those matters.

A suggestion was made that comments on Applicant's Environmental Reports at the operating license stage be solicited from Federal and State agencies only as to environmental considerations that differ significantly from those discussed in the Environmental Report previously submitted with the application for a construction permit. Paragraphs 3 and 4 of revised Appendix D provide that such comments will be requested only as to environmental matters that differ significantly from those considered at the construction permit stage.

It may be noted that the Commission would, as a matter of practice, routinely send a copy of Applicant's Environmental Reports and of Detailed Statements to the Governor of any affected State(s) or his designee(s). It should also be noted that the Commission intends to provide appropriate guidance as to the scope and content of Applicant's Environmental Reports.

In its consideration of Appendix D, the Commission has recognized the public interest in protecting the environment as well as the public interest in avoiding unreasonable delay in meeting the growing national need for electric power.

The public is demanding substantially more electric power, and it is expecting the power to be available, without shortages or blackouts. Electric power use in the United States has been doubling about every 10 years. If prevailing growth pattern and pricing policies continue, electric power capacity may need to triple or quadruple in the next two decades. Meanwhile during the coming winter and summer and for the next few years, there is a real electric power and fuel crisis in this country.*

Various authoritative statements and reports have stressed that the urgent near term need for electric power requires that delays be held to an absolute minimum. Also reports looking to the implementation of improved institutional arrangements on siting of power plants recommend procedures for expediting the process consistent with protection of the environment. Thus in the Report "Electric Power and the Environment" published by the Energy Policy Staff of the Office of Science and Technology in August 1970, in which all of the Federal agencies responsible for environmental and power programs participated, the Basic Findings stated:

New public agencies and review procedures must take into account the positive necessity for expediting the decision-making process and avoiding undue delays in order to provide adequate electric power on reasonable schedules while protecting the environment.

The Commission believes that revised Appendix D takes into account the necessity for avoiding undue delays in order to provide ade

Chairman Nassikas of the Federal Power Commission stated at hearings before the Subcommittee on Intergovernmental Relations of the Senate Committee on Government Operations, on Aug. 3, 1970: “The current situation is such that little leeway remains for additional delays if the country is to avoid critical future shortages in meeting anticlpated real power needs."

In a "Statement on the Fuel Situation for the Winter of 1970-71,” Paul W. McCracken, Chairman, Council of Economic Advisers, and Gen. George A. Lincoln, Director, Office of Emergency Preparedness, said:

"We have continued to study the energy supply situation and find that as winter approaches the nation faces a potential shortage in the supplies of natural gas, residual fuel oil and bituminous coal. The potential shortage appears to be more serious in some regions of the country than in others, but no section is completely immune from concern.

quate electric power and that it reflects a balanced approach toward carrying out the Commission's environmental protection responsibilities under the National Environmental Policy Act of 1969 and the Atomic Energy Act of 1954, as amended. Its main concern here has been to find out and strike a reasonable balance of those considerations in the overall public interest. The Commission expects that revised Appendix D will be implemented to that end.

Pursuant to the National Environmental Policy Act of 1969, the Atomic Energy Act of 1954, as amended, and sections 552 and 553 of title 5 of the United States Code, the following amendment of Title 10, Chapter 1, Code of Federal Regulations, Part 50 is published

as

document subject to codification, to be effective 30 days after publication in the Federal Register. The Commission invites all interested persons who desire to submit written comments or suggestions for consideration in connection with the amendment to send them to the Secretary of the Commission, U.S. Atomic Energy Commission, Washington, D.C. 20545, Attention: Chief, Public Proceedings Branch, within 60 days after publication of this notice in the Federal Register. Consideration will be given to such submission with the view to possible further amendments. Copies of comments received by the Commission may be examined at the Commission's Public Document Room, 1717 H Street NW., Washington, D.C. Appendix D is revised to read as follows:

APPENDIX D—-STATEMENT of GENERAL POLICY AND PROCEDURE: IMPLEMENTATION OF THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (PUBLIC Law 91-190) On January 1, 1970, the National Environmental Policy Act of 1969 (Public Law 91-190) became effective. The stated púrposes of that Act are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.

Section 101(b) of that Act provides that, in order to carry out the policy set forth in the Act, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources toward certain stated ends.

In section 102 of the National Environmental Policy Act of 1969 the Congress authorizes and directs that, to the fullest extent possible, the policy regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in the Act. All agencies of the Federal Government are required, among other things, to include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on certain specified environmental considerations. Prior to making the detailed statement, the responsible Federal official is required to consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved.

Since the enactment of the National Environmental Policy Act of 1969, the President has issued Executive Order 11514, dated March 5, 1970, in furtherance of the purpose and policy of that Act, and the Council on Environmental Quality established by title II of that Act has issued interim guidelines to Federal departments, agencies and establishments for the preparation of the detailed statements on environmental considerations (35 F.R. 7390, May 12, 1970).

On April 3, 1970, the Water Quality Improvement Act of 1970 (Public Law 91-224) became effective. That Act redesignated section 11 of the Federal Water Pollution Control Act as section 21 and amended redesignated section 21 to re

quire, in subsection 21(b) (1), any applicant for a Federal license or permit to conduct any activity, including the construction or operation of a facility, which may result in any discharge into the navigable waters of the United States, to provide the Federal licensing agency a certification from the State in which the discharge originates, or from an interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates, or the Secretary of the Interior, in cases where water quality standards have been promulgated by the Secretary under section 10(c) of the Federal Water Pollution Control Act or where the State or interstate agency has no authority to give such certification, that there is reasonable assurance, as determined by such certifying authority, that the activity will be conducted in a manner which will not violate applicable water quality standards.

The Commission expressly recognizes the positive necessity for expediting the decision-making process and avoiding undue delays in order to provide adequate electric power on reasonable schedules while at the same time protecting the quality of the environment. It expects that its responsibilities under the National Environmental Policy Act of 1969, as set out below, and the Federal Water Pollution Control Act, will be carried out in a manner consistent with this policy in the overall public interest.

Pending the issuance of further guidance by the Council on Environmental Quality and consistent with the public interest in avoiding unreasonable delay in meeting the growing national need for electric power, the Commission will exercise its responsibilities under the National Environmental Policy Act and the Atomic Energy Act of 1954, as amended, as follows:

1. Each applicant for a permit to construct a nuclear power reactor or a fuel reprocessing plant shall submit with his application one hundred and fifty (150) copies, including one reproducible copy, of a separate document, to be entitled "Applicant's Environmental Report-Construction Permit Stage," which discusses the following environmental considerations :

(a) The environmental impact of the proposed action,

(b) Any adverse environmental effects which cannot be avoided should the proposal be implemented,

(c) Alternatives to the proposed action,

(d) The relationship between local short-term uses of man's environment and the maintenance and enchancement of long-term productivity, and

(e) Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. Each holder of a permit to construct a nuclear power reactor or a fuel reprocessing plant issued without the Detailed Statement described in paragraph 5 having been prepared, who has not filed an application for an operating license, shall submit one hundred and fifty (150) copies, including one reproducible copy, of an Environmental Report as soon as practicable.

2. Each applicant for a license to operate a nuclear power reactor or a fuel reprocessing plant shall submit with his application one hundred and fifty (150) copies, including one reproducible copy, of a separate document, to be entitled "Applicant's Environmental Report-Operating License Stage," which discusses the same environmental considerations described in paragraph 1, but only to the extent that they differ significantly from those discussed in the Applicant's Environmental Report previously submitted with the application for a construction permit, if any. The "Applicant's Environmental Report Operating License Stage" may incorporate by reference any information contained in the Applicant's Environmental Report previously submitted with the application for a construction permit, if any. With respect to the operation of nuclear power reactors, the applicant, unless otherwise required by the Commission, shall submit the "Applicant's Environmental Report Operating License Stage" only in connection with the first licensing action that would authorize full-power operation of the facility.1

3. After receipt of any Applicant's Environmental Report, the Director of Regulation or his designee will analyze the report and prepare a draft Detailed' Statement of environmental considerations. The draft Detailed Statement may consist, in whole or in part, of the comments of the Director of Regulation or: his designee on the Applicant's Environmental Report. The Commission will then transmit a copy of the report and of the draft Detailed Statement to such Federal agencies designated by the Council on Environmental Quality as having

“jurisdiction by law or special expertise with respect to any environmental impact involved" or as "authorized to develop and enforce environmental standards" as the Commission determines are appropriate, with a request for comment on the report and the draft Detailed Statement within thirty (30) days.* Comments on an "Applicant's Environmental Report Operating License Image" and on the draft Detailed Statement prepared in connection therewith will be requested only as to environmental matters that differ significantly from those previously considered at the construction permit stage. The Commission may extend the period for comment if it determines that such an extension is practicable. If any such Federal agency fails to provide the Commission with comments within thirty (30) days after the agency's receipt of the report and draft Detailed Statement or such later date as may have been specified by the Commission, it will be presumed that the agency has no comment to make.

4. Upon receipt of any Applicant's Environmental Report and preparation of a draft Detailed Statement in connection therewith, the Commission will cause to be published in the FEDERAL REGISTER a summary notice of the availibility of the report and the draft Statement. (In accordance with § 2.101 (b) of Part 2, the Commission will also send a copy of the application to the Governor or other appropriate official of the State in which the facility is to be located and will publish in the FEDERAL REGISTER a notice of receipt of the application, stating the purpose of the application and specifying the location at which the proposed activity will be conducted.) The summary notice to be published pursuant to this paragraph will request, within sixty (60) days or such longer period as the Commission may determine to be practicable, comment on the proposed action and on the report and the draft Statement from State and local agencies of any affected State (with respect to matters within their jurisdiction) which are auhorized to develop and enforce environmental standards. Comments on an Applicant's Environmental Report-Operating License Stage and the draft Detailed Statement prepared in connection therewith will be requested only as to environmental matters that differ significantly from those previously considered at the construction permit stage. The summary notice will also contain a statement to the effect that a copy of the report and the draft Statement and comments of Federal agencies thereon will be supplied to such State and local agencies on request. If any such State or local agency fails to provide the Commission with comments within sixty (60) days of the publication of the summary notice or such later date as may have been specified by the Commission, it will be presumed that the agency has no comment to make.

5. After receipt of the comments requested pursuant to paragraph 3, and 4, the Director of Regulation or his designee will prepare a final Detailed Statement on the environmental considerations specified in paragraph 1, including, where appropriate, a discussion of problems and objections raised by Federal, State and local agencies and the disposition thereof. In preparing the Detailed Statement, the Director of Regulation or his designee may rely, in whole or in part, on, and may incorporate by reference, the appropriate Applicant's Environmental Report, and the comments submitted by Federal, State, and local agencies pursuant to paragraphs 3, and 4, as well as the regulatory staff's radiological safety evaluation. The Detailed Statement will relate primarily to the environmental effects of the facility that is subject to the licensing action involved.

Detailed Statements prepared in connection with an application for an operating license will cover only those environmental considerations which differ significantly from those discussed in the Detailed Statement previously prepared in connection with the application for a construction permit. With respect to the operation of nuclear power reactors, it is expected that in most cases the Detailed Statement will be prepared only in connection with the first licensing action that authorizes full-power operation of the facility.

6. With respect to water quality aspects of the proposed action covered by section 21(b) of the Federal Water Pollution Control Act, the Environmental Reports submitted by applicants pursuant to paragraphs 1, and 2, and the Detailed Statements prepared pursuant to paragraph 5, shall include a reference to the certification issued pursuant to section 21(b) or applied for or to be ap plied for pursuant to that section, or to the basis on which such certification is

2 A draft detailed statement will not be prepared in cases where the Applicant's Environmental Report has been transmitted to the cognizant agencies for comment prior to Dec. 4, 1970. This statement is in addition to the statement prepared at the construction permit stage.

not required. Such reports and statements shall include a discussion of the water quality aspects of the proposed action, whether or not they are covered by section 21 (b) of the Federal Water Pollution Control Act *

4

7. The Commission will transmit to the Council on Environmental Quality copies of (a) each Applicant's Environmental Report, (b) each draft Detailed Statement, (c) comments thereon received from Federal, State, and local agencies, and (d) each Detailed Statement prepared pursuant to paragraph 5. Copies of such reports, draft statements, comments and statements will be made available to the public as provided by section 552 of title 5 of the United States Code, and will accompany the application through the Commission's review processes. After each Detailed Statement, becomes available, a notice of its availability will be published in the FEDERAL REGISTER.

8. With respect to proceedings which take place in the transitional period required to establish the new procedures described in this appendix, it is recognized that the Detailed Statements may not be as complete as they will be after there has been an opportunity to coordinate those procedures with the other agencies involved, and, further, that some period of time may be required before full compliance with the procedures themselves can be achieved.

9. The Commission will incorporate in all construction permits and operating licenses for power reactors and fuel reprocessing plants, whenever issued, à condition, in addition to any conditions imposed pursuant to paragraphs 12 and 14, to the effect that the licensee shall observe such standards and requirements for the protection of the environment as are validly imposed pursuant to authority established under Federal and State law and as are determined by the Commission to be applicable to the facility that is subject to the licensing action involved. This condition will not apply to (a) radiological effects since radiological effects are dealt with in other provisions of the construction permit and operating license, or (b) matters of water quality covered by section 21(b) of the Federal Water Pollution Control Act since the requirements of section 21(b) supersede pro tanto the more general requirements of sections 102 and 103 of the National Environmental Policy Act of 1969.' This condition shall also not be construed as extending the jurisdiction of this agency to making an independent review of standards or requirements validly imposed pursuant to authority established under Federal and State law.

10. The Commission believes that the preservation of environmental values can best be accomplished through the establishing of environmental quality standards and requirements by appropriate Federal, State, and regional agencies having responsibility for environmental protection. The Commission urges the appropriate agencies to proceed promptly to establish such standards and requirements.

11. (a) Any party to a proceeding for the issuance of a construction permit or an operating license for a nuclear power reactor or a fuel reprocessing plant may raise as an issue in the proceeding whether the issuance of the permit or license would be likely to result in a significant, adverse effect on the environment. If such a result were indicated, in accordance with the declaration of national policy expressed in the National Environmental Policy Act of 1969, consideration will be given to the need for the imposition of requirements for the preservation of environmental values consistent with other essential considerations of national policy, including the need to meet on a timely basis the growing national requirements for electric power. The above-described issues shall not be construed as including (a) radiological effects, since radiological effects are considered pursuant to other provisions of this part or (b) matters of water quality covered by section 21(b) of the Federal Water Pollution Control Act. This paragraph applies only to proceedings in which the notice of hearing in the proceeding is published on or after March 4, 1971.

(b) With respect to those aspects of environmental quality for which environmental quality standards and requirements have been established by authorized Federal, State, and regional agencies, proof that the applicant is equipped to observe and agrees to observe such standards and requirements will be considered a satisfactory showing that there will not be a significant, adverse effect

With respect to water quality aspects of the proposed action covered by said section 21(b), such a discussion need not be included in cases where the Applicant's Environmental Report has been submitted by the applicant prior to Dec. 4, 1970.

5 Paragraph 14 provides for the inclusion of a separate condition_requiring compliance with applicable requirements of section 21(b) of the Federal Wafer Pollution Control Act.