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HomeMy WebLinkAboutPSD-010-11~ 11 acm- ngrnew REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 24, 2011 Resolution #: G ~R 033-// By-law #: N/A Report #: PSD-010-11 File #: PLN 26.15 Subject: DARLINGTON NEW NUCLEAR DEVELOPMENT PROJECT DIRECTIVE FROM THE JOINT REVIEW PANELTO PARTICIPATE IN PUBLIC HEARINGS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-010-11 be received; 2. THAT a copy of Report PSD-010-11 be forwarded to the Joint Review Panel for the Darlington New Nuclear Power Plant Project, Ontario Power Generation, the Regional Municipality of Durham, the City of Oshawa, the Clarington Board of Trade, and the Central Lake Ontario Conservation Authority. Submitted by: ~~ Reviewed by: ~-~`-Q~~ '~~~' Da Id Crome, RPP, MCIP Franklin Wu, Director of Planning Services Chief Administrative Officer FUJAS/df January 17, 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-010-11 PAGE 2 1.0 PURPOSE OF REPORT The purpose of this report is: To advise Council of the directive from the Joint Review Panel (JRP) for the Darlington New Nuclear Development (NND) Project requiring to the Municipality to participate in the public hearing for the Project (letter received December 16, 2010, Attachment 2); and To inform Council of the Municipality's peer review comments on the Draft Environmental Impact Statement for the NND Project (Report PSD-073-09), and the previous Council's position on the potential use of cooling towers for the Project (Resolution GPA-362-10, Attachment 3). 2.0 BACKGROUND 2.1 The Government of Ontario has directed Ontario Power Generation (OPG) to initiate the federal approvals process to construct new nuclear generating capacity at the existing Darlington Nuclear Generating Station to help meet the Province's baseload electrical requirements. 2.2 New nuclear power plant projects require the following licences under the federal Nuclear Safety and Control Act: site preparation licence, construction licence, operating licence (which is reviewed and renewed on a regular basis), decommissioning licence, and a licence to abandon. OPG initiated the licensing process for the NND Project in September 2006 by submitting a preliminary application for a site preparation licence to the Canadian Nuclear Safety Commission (CNSC). 2.3 This application triggered the need for OPG to undertake an Environmental Assessment (EA) for the NND Project pursuant to the Canadian Environmental Assessment Act. OPG initiated work on the EA and the preparation of an Environmental Impact Statement (EIS) in accordance with Guidelines issued by the federal government and formally submitted the EIS and a revised application for a site preparation licence to the JRP on September 30, 2009. 2.4 OPG provided funding to the Municipality of Clarington, as the host community, to retain qualified professionals to undertake a peer review of the draft EIS prior to its submission for federal review. The peer review was completed and the comments of the consultants and Staff were incorporated into the EIS prior to it being submitted. 2.5 OPG and the Municipality reached agreement on a Host Community Agreement which was endorsed by Council on July 13, 2009 (Report CAO-003-09). Under the Agreement, OPG will provide $9.25 million in compensation to the Municipality to addresses impacts related to traffic and the local road network, and socio-economic impacts such as the interim loss of the waterfront trail and the potential loss of soccer fields. Other issues addressed in the Agreement include the improvement/ rehabilitation of affected haul routes and fire/emergency services during site preparation and construction. REPORT NO.: PSD-010-11 PAGE 3 2.6 In March 2010, the Municipality was requested by the JRP to provide information regarding its responsibilities as they relate to the proposed Darlington NND Project, and also to provide the Municipality's comments on the EIS submitted by OPG. In response, Council considered Staff Report PSD-076-10 and endorsed Resolution GPA-362-10 (Attachment 3) which provides the Municipal position on the potential use of cooling towers for the NND Project. Amore detailed discussion of the Municipality's comments to the JRP is provided in Section 4 of this report. 2.7 In December 2010, the JRP announced that it has scheduled a public hearing, to start March 21, 2011, to consider the EIS submitted by OPG and the application for a site preparation licence. The JRP has also advised the Municipality (Attachment 2) that it is required to provide a written submission, make an oral presentation and participate actively in the public hearing. The Municipality's participation at the public hearing is discussed in Section 5 of this report. 3.0 OVERVIEW OF DARLINGTON NEW NUCLEAR DEVELOPMENT PROJECT 3.1 Under the federal EA process, the EIS must identify the expected adverse effects of the proposed NND Project and recommend mitigation measures to minimize these effects to the point at which they are not considered to be significant. As such, the Project as discussed in the EIS includes site preparation, the construction and operation of the NND Project, a preliminary decommissioning plan, plus a full suite of proposed mitigation measures and a follow up program. 3.2 In general terms, the Darlington NND Project involves the construction, operation, and maintenance of as many as four nuclear reactor units supplying up to 4,800 megawatts of electrical capacity for approximately 60 years each, and development planning for the eventual decommissioning of the nuclear facilities. It is likely that finro reactors will be constructed in the initial phase of the Project, although the EIS addresses full reactor build out. The construction and operation of a number of ancillary facilities, such as for the management of used nuclear fuel, will also be required. The Project is proposed to be located on approximately the eastern one-third of the existing Darlington Nuclear site, bounded by the property limits to the east and north and by Holt Road on the west. 3.3 The provincial government received bids from three vendors for reactor designs; only one of the three designs will ultimately be selected and constructed. Each reactor design offers differing electrical outputs which will determine the number of reactors required in order to meet the required electrical capacity: • Atomic Energy of Canada Limited (ACR-1000) - four reactors required; • AREVA NP (Pressurized water reactor) - three reactors required; • Westinghouse Electric Company LLC (AP 1000) -four reactors required. 3.4 A reactor design has not yet been selected by the provincial government. In addition, there are a number of specific Project elements that are independent of reactor design but which will have a significant effect on site layout. Until a reactor vendor is selected REPORT NO.: PSD-010-11 PAGE 4 and the detailed design is complete, specifics regarding the scope and form of the overall site development cannot be determined. In order to address these uncertainties, the EIS submitted by OPG defines the NND Project within a Plant Parameter Envelope which is a bounding framework that includes the full range and extent of possible variables and effects associated with the Project, and essentially presents the most conservative (i.e. worst case) scenario. 4.0 MUNICIPAL RESPONSE TO JOINT REVIEW PANEL (REPORT PSD-076-10) 4.1 A summary of the Municipality's response to the March 25, 2010 information request by the JRP, as set out in Report PSD-076-10, is provided below. 4.2 Responsibilities of the Municipality of Clarington 4.2.1 The JRP requested details on the legislative, policy or other directives under the responsibility of the Municipality of Clarington that may relate to the proposed Darlington NND Project. The Municipality's response noted the following: • The Municipality of Clarington is one of eight area municipalities within the Regional Municipality of Durham, which has atwo-tier governance structure. The Municipality exercises a broad range of responsibilities under authority provided by a number of provincial statutes that relate directly and indirectly to the proposed NND Project. • The most significant of these responsibilities include: o The Municipal Act: Borrowing of money for capital expenditure, economic development and tourism, maintenance of the local road network, parks and recreation services; o The Planning Act: Community and land use planning, official plans, zoning by-laws, site plan control; o The Emergency Plans Act, The Fire Prevention and Protection Act, Ontario Fire Code, etc: Emergency management, fire and emergency services; o Highway Traffic Act: Traffic routing; and o Ontario Building Code Act. Review of building applications and issuance of building permits. The Regional Municipality of Durham, as the upper-tier government, provides broader scale services such as water and sewer, solid waste management, policing, health and social services, and the overall planning framework for the Region. 4.3 Municipality of Clarington Comments on the EIS 4.3.1 The JRP also requested the Municipality to provide comments on the EIS submitted by OPG. The Municipality retained a consulting team (led by Morrison Hershfield) in January 2009, with funding provided by OPG, to undertake a peer review of the draft REPORT NO.: PSD-010-11 PAGE 5 EIS prior to its submission to the JRP. The peer review focused on the Municipality's core areas of interest, as follows: • Socio-economic environment, including community services, infrastructure improvements, municipal finance, employment opportunities, and community image; • Emergency preparedness; • Transportation, including increased road traffic and the potential impacts to the municipal road network; • Natural environment, including the terrestrial, aquatic, and atmospheric environments, and groundwater and surface water. 4.3.2 For each of these aspects of the environment, the peer review evaluated how the EIS addressed: • The environmental effects of the Project, the likely cumulative effects of the Project in combination with other projects, and the significance of these effects; • The measures proposed to mitigate adverse environmental effects; and • The requirements of a follow-up program in respect of the Project. 4.3.3 The peer review found that OPG had comprehensively addressed all aspects of the NND Project. Morrison Hershfield and Staff provided numerous comments and OPG made significant revisions to the draft EIS in response to these comments. All comments were dispositioned to the satisfaction of the peer review team and Staff. Council approved the final peer review report in July 2009 as the Municipality's comments on the draft EIS (Staff Report PSD-073-09). A copy of the staff report and Council's decision have been provided to both OPG and the JRP. 4.3.4 In response to the JRP's request for comments on the EIS, the Municipality advised the JRP that: • On the basis of the peer review undertaken in 2009, the EIS and supplementary information for the Darlington NND Project sufficiently addresses the requirements of the EIS Guidelines from the perspective of the Municipality's mandate; The Municipality agrees with OPG's conclusions and proposed mitigation measures within the realm of the Municipality's areas of responsibility and/or expertise. 4.4 Additional Comments to the JRP 4.4.1 Report PSD-076-10 noted the potential for the Darlington NND Project to be implemented with cooling towers is of particular importance to the Municipality, and provided additional information and discussion on this issue. This prompted Council to endorse Resolution GPA-362-10 (Attachment 3) which states Council's opposition to the use of cooling tower technology for the NND Project and strongly urges the JRP to give appropriate consideration to the negative socio-economic impacts that would result from the construction and operation of cooling towers. REPORT NO.: PSD-010-11 PAGE 6 4.4.2 The staff report also noted that the Municipality's peer review did not address the issue of the management of radioactive waste that would be created through the Darlington NND Project as this is an issue that does not relate directly to the Municipality's core areas of responsibility. However, based on the information provided in the EIS, as well as OPG's exemplary record to date on waste management, the report indicated that the Municipality of Clarington currently has no concerns with the manner in which OPG has proposed to manage radioactive waste and used nuclear fuel from the Darlington NND Project. 5.0 MUNICIPALITY'S PARTICIPATION AT THE PUBLIC HEARING 5.1 The Joint Review Panel for the Darlington NND Project was jointly created by the federal Minister of the Environment and the CNSC to review the EIS submitted by OPG and OPG's application for a site preparation licence. (Note: Further federal approvals which are beyond the scope of this hearing will be required prior to the actual construction of the reactors.) The JRP has the legal authority to compel persons or organizations to appear if necessary. 5.2 As directed by the Panel, the Municipality is currently preparing oral and written submissions for the hearings. These submissions will largely be based on the recommendations in Reports PSD-073-09 and PSD-076-10. The Mayor and senior Municipal staff will attend the hearings to present the Municipality's position and to respond to any further queries the Panel may have. 6.0 RECENT DEVELOPMENTS 6.1 Three notable developments occurred in 2010 that affect the NND: The Federal Government has been considering disposal of AECL as a crown agency. The AECL nuclear division currently remains in public ownership, whether the federal government will dispose of it or enter into a partnership with a private company has not been determined to date. The Province released Ontario's Long-Term Energy Plan which confirmed its intention to build two new nuclear reactors at Darlington and to refurbish the four existing reactors at the Darlington site. The Province announced that, on an interim basis, the 407 would terminate at Simcoe Street. OPG's EA analysis and documents are based on the assumption that the 407 including the East Link would be built by 2013. Additional impacts to the local road network that could result from this decision are not addressed in the EIS; however, the municipal host agreement includes the issue of impacts on local roads that are being used for construction haul routes, they will be the responsibility of OPG to restore/rehabilitate. REPORT NO.: PSD-010-11 PAGE 7 7.0 NEXT STEPS 7.1 After the public hearing is concluded, the Panel has 90 days to prepare and submit its report to the federal Minister of the Environment. The Panel's report will then be released to the public. The final decision on the EA is made by the federal Cabinet. If approved by Cabinet, the Panel can then issue the Licence to Prepare the Site. 7.2 Staff will continue to monitor the Panel activities and report back on new developments as appropriate. Staff Contact: Janice Szwarz Attachments: Attachment 1 -Glossary of Terms Attachment 2 - Letter from Joint Review Panel Attachment 3 - GPA-362-10 List of interested parties to be advised of Council's decision: Ms. Debra Myles, Panel Co-Manager Ms. Kelly McGee, Panel Co-Manager Ms. Laurie Swami, Ontario Power Generation Russ Powell, CLOC P.M. Madill, Clerk, Region of Durham Sandra Kranc, Clerk, City of Oshawa Sheila Hall, Clarington Board of Trade Attachment 1 To Report PSD-010-11 GLOSSARY OF TERMS CNSC Canadian Nuclear Safety Commission EA Environmental Assessment EIS Environmental Impact Statement JRP Joint Review Panel NND New Nuclear Development OPG Ontario Power Generation r Attachment 2 To Report PSD-010-11 Darlington New Nuc%ar Power P/ant Project Joint Review Pane/ December 16, 2010 ~ ~) ^~~ D Franklin wu DEC 11 2010 Chief Administrative Officer Municipality of Clarington MUNICIPALITY OF CLARINGTON 40 Temperance Street ADMINISTRATORS OFFICE Bowmanville, ON L1 C 3A6 Subject: Direction to the Municipality of Clarington to Participate in the Darlington New Nuclear Power Plant Project Public Hearing Process Dear Mr. Wu: As related in my March 25, 2010 letter to you, the federal Minister of the Environment and the President of the Canadian Nuclear Safety Commission have established the Joint Review Panel for the proposed Darlington New Nuclear Power Plant project. The Panel has now announced that it has sufficient information to proceed to a public hearing for the project. This hearing will commence on March 21, 2011 at a venue in or near the project area: Further details on the hearing logistics will be announced in January. In consideration of the Municipality of Clarington's responsibilities and interest with respect to community and land use planning and other maters within the mandate of the Joint Review Panel, the Panel re wires the Municipality to provi a written submission, make an oral presentation and parts ac ve v In e public hearing. The Panel expects the appropriate municipal subject matter expert(s) to present conclusions regarding the potential effects of the project within the areas of responsibility and expertise of the Municipality. The the questions. effects on to Information on the hearing procedures, deadlines for registration and the submission of written and presentation materials may be accessed electronically through links in the News Release that is available at www.ceaa-acee.gc.ca or www.nuclearsafetv.gc.ca. Questions or requests for clarification on the hearing Darlington New Nuclear Power Plant Project Joint Review Panel CJO Canadian Environmental Assessment Agency Place Bell, 22n° Floor, llig Elgin Street Ottawa, ON K1A OH3 112 process may be directed to either of the Panel Co-Managers: Debra Myles at (613) 957-0626 or Kelly McGee at (613) 947-3710. Thank you in advance for the participation of the Municipality of Clarington in the review of the Darlington New Nuclear Power Plant project. Yours truly, ~ t~ Mr. Alan R. Graham Chair, Joint Review Panel cc. Ms. Jocelyne Beaudet, Joint Review Panel Member Mr. Joseph Kenneth Pereira, Joint Review Panel Member Ms. Patti Barrie, Municipal Clerk, Municipality of Clarington Ms. Janice Szwarz, Senior Planner, Municipality of Clarington 2/2 Attachment 3 To Report PSD-010-11 DARLINGTON NEW NUCLEAR DEVELOPMENT PROJECT RESPONSE TO INFORMATION REQUEST FROM JOINT REVIEW PANEL Resolution #GPA-362-10 Moved by Mayor Abernethy, seconded by Councillor Hooper THAT Report PSD-076-10 be received and approved as the Municipality of Clarington's response to the letter dated March 25, 2010 from Mr. Alan Graham, Chair of the Joint Review Panel for the Darlington New Nuclear Power Plant Project; THAT Council adopt the following resolution: "WHEREAS the Darlington Nuclear Generating Station has been a significant part of the Municipality of Clarington since the 1980s, and has provided many positive benefits to the community with minimal adverse effects on the natural environment; AND WHEREAS Municipality of Clarington Council and Staff have attended numerous meetings and information sessions with respect to the Darlington New Nuclear Power Plant Project and are therefore very knowledgeable with respect to the Project; AND WHEREAS the Municipality of Clarington retained a qualified team of professionals to undertake a detailed peer review of the draft Environmental Impact Statement for the Darlington New Nuclear Power Plant Project and, on the basis of this peer review, can state with confidence that the Environmental Impact Statement meets the requirements of the Guidelines for the preparation of the document and that it satisfactorily addresses the Municipality's issues and concerns with respect to the Project; AND WHEREAS the Council and the residents of the Municipality of Clarington have been steadfast in their support for the proposed Darlington New Nuclear Power Plant Project and are eager to have nuclear power generation continue as a positive presence in our community; AND WHEREAS Council and the community of Clarington are very concerned that the Joint Review Panel is considering the use of cooling towers for the Darlington New Nuclear Power Plant Project in order to minimize the impact on aquatic organisms and habitat; AND WHEREAS the Municipality of Clarington's peer review of the Draft Environmental Impact Statement for the Darlington New Nuclear Power Plant Project agreed with the study's conclusions that the once-through lakewater cooling system as recommended by Ontario Power Generation would operate Attachment 3 To Report PSD-010-11 with minimal impact on the aquatic organisms and habitat in Lake Ontario, while the construction and operation of cooling towers would result in long term adverse impacts on the socio-economic environment of Clarington and Durham Region; NOW THEREFORE BE IT RESOLVED that the Council of the Municipality of Clarington hereby advises the Joint Review Panel that it supports aonce-through lakewater cooling system for the Darlington New Nuclear Power Plant Project and strongly opposes the use of any cooling tower technology; AND FURTHER THAT the Council of the Municipality of Clarington strongly urges the Joint Review Panel to give appropriate consideration to the negative socio-economic effects on the Municipality of Clarington and Durham Region that would result from the construction and operation of cooling towers for the Darlington New Nuclear Power Plant Project"; and THAT a copy of Report PSD-076-10 and Council's decision be forwarded to the Joint Review Panel for the Darlington New Nuclear Power Plant Project, Ontario Power Generation, the Regional Municipality of Durham, the City of Oshawa, the Clarington Board of Trade, and the Central Lake Ontario Conservation Authority.