HomeMy WebLinkAboutPSD-078-11 lam'
Leading the Way
REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 12, 2011 Resolution #: -5 t1 By-law #:
Report #: PSD-078-11 File #: PLN 33.4
Subject: PORT GRANBY PROJECT - LICENSING HEARING BEFORE THE CANADIAN
NUCLEAR SAFETY COMMISSION, AND ROADS AGREEMENT WITH THE
GOVERNMENT OF CANADA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-078-11 be received;
2. THAT Council adopt the following resolution in support of the application by Atomic
Energy of Canada Limited for a licence from the Canadian Nuclear Safety Commission
to permit the construction of the Port Granby Project:
"WHEREAS the Port Granby Project has been underway since 2001 and has
been subject to a thorough Environmental Assessment process to ensure that
the Project can be undertaken safely;
AND WHEREAS on June 26, 2006, the Council of the Municipality of Clarington
endorsed a Preferred Option for the Port Granby Project and consented to the
submission of the Environmental Assessment Study Report to federal decision
makers for review;
AND WHEREAS on October 26, 2009, Council endorsed the findings of the EA
Screening Report which stated that the Port Granby Project is not likely to result
in significant adverse environmental effects provided that the mitigation
measures outlined in the Environmental Assessment Study Report and the
Screening Report are implemented;
REPORT NO.: PSD-078-11 PAGE 2
AND WHEREAS Atomic Energy of Canada Limited has submitted an application
to the Canadian Nuclear Safety Commission for a Waste Nuclear Safety Licence
to permit the construction of the Port Granby Project;
AND WHEREAS the Municipality's Peer Review Team has advised Clarington
Council that, based on its review of the detailed engineering design and licensing
documents for the Port Granby Project, the Team is satisfied that the Project can
proceed safely and with minimal environmental effects and that appropriate
measures will be implemented to ensure that the health and safety and well-
being of our residents will be protected throughout the Project;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Clarington supports the application by Atomic Energy of Canada Limited for a
Waste Nuclear Substance Licence to permit the construction of the Port Granby
Project";
3. THAT Staff be authorized to finalize the agreement with the Government of Canada
regarding the use by Canada of municipal roads for the Port Granby Project;
4. THAT the Mayor and Clerk be authorized to sign the agreement with the Government of
Canada once the agreement has been finalized to the satisfaction of the Municipal
Solicitor;
5. THAT a copy of this report and Council's decision be forwarded to the Canadian
Nuclear Safety Commission, the Port Hope Area Initiative Management Office, and the
Southeast Clarington Rate Payers Association; and
6. THAT all interested parties listed in Report PSD-078-11 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by:
D d 7. Cro e, MCI P, RPP ranklin Wu
Dire or, Planning Services Chief Administrative Officer
JAS/FL/df
26 August 2011
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
REPORT NO.: PSD-078-11 PAGE 3
1. BACKGROUND AND PURPOSE OF REPORT
1.1 Two major regulatory approvals are required to permit the Port Granby Project to
proceed: the approval of the Environmental Assessment (EA) and the issuance of a
licence by the Canadian Nuclear Safety Commission (CNSC). The EA process was
successfully completed in 2009 with the acceptance of the EA Screening Report by
Council and federal authorities. The Report concluded that the Project was not likely to
cause significant adverse environmental effects after appropriate mitigation measures
have been implemented.
1.2 On July 20, 2011, the CNSC released a Notice of Public Hearing announcing that it will
hold a one-day public hearing on September 27, 2011 to consider an application
submitted by Atomic Energy of Canada Limited (AECL)to permit the construction of the
Port Granby Project (Attachment 2).
1.3 The purpose of this report is to provide an overview of AECL's application to the CNSC,
and to update Council on the work undertaken by Staff and the Municipal Peer Review
Team (MPRT) on the Port Granby Project over the past two years in preparation for the
licensing hearing and the construction phase of the Project, specifically:
• The review of detailed engineering drawings and documents for the design and
construction of the various elements of the Project; and
• The preparation of a legal agreement with the Government of Canada regarding the
reconstruction and use of municipal roads for the Project.
As well, Staff is recommending that the Municipality formally support AECL's licence
application to be considered at the September 27, 2011 CNSC hearing.
2. REVIEW OF ENGINEERING DESIGN DOCUMENTS AND LICENSING APPLICATION
2.1 The 2001 Legal Agreement with the Government of Canada requires the Project
proponent to consult regularly with the Municipality throughout the regulatory review
process until final decisions are reached by the relevant authorities. As Council is
aware, Staff and the Municipal Peer Review Team (MPRT) were extensively involved in
the review of numerous documents through the EA process.
2.2 Once EA approval for the Project was received, the Municipality's and the MPRT's
focus shifted to the review of the detailed engineering drawings and documents required
to implement the the Project. The consulting firm AECOM was retained by the federal
government to undertake this engineering design work, including:
• the design and construction details for waste-related elements (e.g. Long Term
Waste Management Facility, waste excavation);
• on-site physical systems and infrastructure (e.g. new Waste Water Treatment Plant,
stormwater management systems, Inter-Site Haul Road), and
REPORT NO.: PSD-078-11 PAGE 4
• the upgrade or reconstruction of municipal roads (e.g. Elliott Road, Lakeshore Road
underpass).
2.3 Dave Hardy, the lead consultant for the MPRT, will be presenting to Committee at the
September 12, 2011 meeting on the review of the detailed engineering design reports ,
and AECL's application for a Waste Nuclear Safety licence. The presentation will
include the Team's conclusions as to whether these documents are consistent with the
Project as previously approved by Council and include satisfactory measures to protect
the natural environment and the health, safety and well-being of area residents.
2.4 It is important to note that the engineering design documents prepared by AECOM form
the basis for the tenders still to be issued by the federal government for the construction
of the Port Granby Project. As such, Municipal Staff involved in the review and the
members of MPRT have committed in writing to respect the confidential nature of the
documents provided for review.
3. CNSC LICENCE APPLICATION
3.1 AECL is the federal agency responsible for the overall management of the Port Hope
Area Initiative, including the environmental and licensing approvals for both the Port
Granby Project and the Port Hope Project. AECL's licence application to the CNSC to
permit the Port Granby Project to proceed is supported by Natural Resources Canada,
the sponsoring federal agency, and Public Works and Government Services Canada,
which handles the administration of the various design and construction contracts for
the two Projects. Staff from these three organizations comprise the Port Hope Area
Initiative Management Office (PHAI MO) and collectively manage the strategic,
technical, financial, contractual and regulatory aspects of the Initiative.
3.2 In general terms, AECL's application to the CNSC seeks a 10 year Waste Nuclear
Substance Licence (WNSL) to permit the construction of the new Long Term Waste
Management Facility (LTWMF), the excavation and internment of the waste from the
existing Port Granby Waste Management Facility in the LTWMF, and the remediation of
the existing waste management facility. The application is supported by a large number
of documents, including reports related to ensuring the health and safety of workers and
residents and the protection of the natural environment, the identification and
implementation of measures to mitigate the effect on the local community, and security
and emergency management.
3.3 CNSC staff have reviewed the application and supporting documentation submitted by
AECL. In its report to the Commission, CNSC staff have concluded that AECL's
application meets the requirements for a WNSL set out under the Nuclear Safety and
Control Act and its regulations, and have recommended that the Commission issue the
requested licence to AECL to allow the Port Granby Project to proceed.
3.4 The post-closure phase of the Project, which will involve long-term monitoring and
maintenance of the LTWMF, is not covered by the current application and will require a
licence renewal.
REPORT NO.: PSD-078-11 PAGE 5
4. MUNICIPAL PARTICIPATION IN THE CNSC HEARING
4.1 The Notice for the licensing hearing indicates that parties can participate by providing a
written intervention, to be submitted to the CNSC by August 29, 2011, and/or by making
a presentation directly to the CNSC at the September 27, 2011 hearing.
4.2 Staff have submitted a written intervention on behalf of the Municipality (see Attachment
3). This submission was prepared in consultation with the Municipal Peer Review
Team and has been reviewed by Mayor Foster.
4.3 The Municipality has also advised the CNSC that Mayor Foster will be making a
presentation on behalf of the Municipality at the licensing hearing. The Mayor will be
accompanied by key Municipal staff, as well as the peer review team, at the hearing.
4.4 The MPRT has also submitted its own written intervention to the CNSC (Attachment 4)
and will be making a separate presentation at the hearing. The peer review team's
submissions will focus on the technical issues of the Project, such as the design of the
LTWMF, and measures proposed to mitigate the negative effects of the Project on the
natural environment and the local community.
4.5 The Municipality of Port Hope has submitted a letter to the CNSC in support of AECL's
licence application (Attachment 5). The 2001 Legal Agreement requires all parties to
the Agreement to consent to major decisions by regulatory agencies for both projects
under the Port Hope Area Initiative. The Municipality of Clarington provided a similar
letter of support for the Port Hope Project licensing hearing in 2009.
5. ROADS AGREEMENT WITH THE FEDERAL GOVERNMENT
5.1 A number of municipal roads in the Port Granby area will be reconstructed and/or used
by vehicles and equipment associated with the Project, as shown on Attachment 6. An
agreement (based on the Municipality's standard Site Servicing Agreement) between
the Municipality and the federal government to deal with roads issues is in a final draft
stage. To facilitate moving forward with the Agreement, Staff is recommending that the
Mayor and Clerk be authorized to sign the Agreement once it has been finalized to the
satisfaction of the Municipal Solicitor.
The main elements of this agreement are discussed below.
5.2 Primary Haul Route
5.2.1 The Port Granby Project will require equipment and material to be transported along
specific municipal roads, shown as the Primary Access Route. This route will be used
for trucks hauling construction material and equipment to the Project sites (no waste will
be transported along these roads). These roads will be upgraded by the federal
government to a standard capable of accommodating the high volume of heavy truck
traffic for the Project.
REPORT NO.: PSD-078-11 PAGE 6
5.2.2 The Municipality will continue to be responsible for routine annual maintenance along
those portions of Newtonville Road and Concession Road 1 on the Primary Access
Route. The federal government has agreed to provide additional funds to the
Municipality to pay for any repairs to the road beyond normal maintenance. These
roads will also be inspected at the end of Project construction to ensure that they are in
good condition.
5.2.3 The portion of Elliott Road south of Concession Road 1 to the entrance to the LTWMF
site will be leased to the federal government for the duration of the construction phase
of the Project (approximately 8 years). This road is currently seasonally-maintained and
will require extensive reconstruction. The lease, which is included in the roads
agreement with the federal government, will terminate at the end of construction.
5.3 Contingency Haul Route
5.3.1 It is expected that almost all of the trucks travelling to and from the Project site will be
able to fit through the CP Rail underpass on Elliott Road. However, in the event that a
very large vehicle cannot use Elliott Road, it will travel along Newtonville Road south to
Lakeshore Road and east along Lakeshore Road through the community of Port
Granby to the Project site. These roads will not be upgraded as part of the Project.
However, they will be inspected prior to and after its use by over-sized vehicles and any
damage repaired at the federal government's cost.
5.4 Lakeshore Road Underpass
5.4.1 Waste will be transported by covered trucks from the existing waste site to the LTWMF
site along the Inter-Site Route. A portion of this route will be within an underpass to be
constructed under Lakeshore Road. The construction of the underpass will require a
section of Lakeshore Road to be temporarily closed and a temporary detour to be built
on federal lands to the north. When the overpass is completed, Lakeshore Road will
be re-constructed and re-opened, and the detour closed. This process will be repeated
at the end of construction of the Port Granby Project to permit the removal of the
Lakeshore Road underpass.
REPORT NO.: PSD-078-11 PAGE 7
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5.4.2 These activities will require the Municipality to lease the section of Lakeshore Road to
be temporarily closed to Canada to permit the installation of the underpass at the
beginning of the Project, and again at the end of the Project to permit the removal of the
underpass. In addition, the lands under the travelled portion of Lakeshore Road on
which the Inter-Site Haul Route will be constructed will be leased to Canada for the
duration of the construction phase until the underpass is removed. The temporary
detour of Lakeshore Road onto federal lands during the construction and removal of the
underpass will require the federal government to licence the lands for Clarington's use.
5.5 Easement Under Lakeshore Road — Pipes for Contaminated and Clean Water
5.5.1 During the construction phase, contaminated groundwater and stormwater from the
existing waste management facility will be collected and pumped via forcemain under
Lakeshore Road to the new Waste Water Treatment Plant (WWTP) to be constructed
on the LTWMF site. After the new storage mound is capped and waste excavation
and remediation activities at the existing waste site are completed, there will be no
contaminated stormwater requiring collection and treatment.
5.5.2 Contaminated groundwater from the East Gorge will continue to be collected and
pumped up to the WWTP plant for an indefinite period until testing indicates treatment is
no longer required. Leachate from the new waste storage mound will also continue to
be collected and treated for the entire operational life of the facility, although leachate
volumes are expected to significantly decrease once the mound is capped. All water
treated at the WWTP plant will be discharged as clean water to Lake Ontario via a
pipeline under Lakeshore Road.
5.5.3 The Municipality will grant an easement under Lakeshore Road in favour of Canada to
accommodate the various pipes required to transport contaminated water to the waste
REPORT NO.: PSD-078-11 PAGE 8
water treatment plant and convey the clean treated water to Lake Ontario. This
easement will remain in place for the operating life of the LTWMF. Appropriate
monitoring devices will be installed within the easement to detect any leaks from the
pipes. AECL will be responsible for repairing any leaks and cleaning up any resulting
contamination.
5.6 Nichols Road
5.6.1 Nichols Road south of Lakeshore Road is currently an unopened road allowance.
Cameco Corporation, the current owners of the Port Granby Waste Management
Facility, have obtained a Road Occupancy Permit to permit them to use the road as an
access to the east gate of the waste site. The portion of the road allowance south of
the gate to the Lake Ontario shoreline is unimproved and not usable.
5.6.2 Nichols Road south of Lakeshore Road to the lake will be leased to the federal
government for the duration of the construction phase of the Port Granby Project. The
east gate will continue to be used as an access to the existing waste facility during
Project construction.
5.6.3 The East Gorge area of the existing waste site abuts the southern extension of Nichols
Road. The East Gorge will be extensively excavated during the Project and leasing
this section of the road allowance to the federal government will facilitate equipment
access and excavation work. As with Elliott Road, the Nichols Road lease will
terminate at the end of Project construction.
6. CONCURRENCE: Reviewed by Municipal Solicitor.
7. CONCLUSION
7.1 The extensive review of detailed engineering and licensing documents undertaken by
Staff and the MPRT over the past two years has confirmed that the construction of the
Port Granby Project can proceed with minimal environmental effects, and that
appropriate measures will be implemented to ensure that the health and safety and
well-being of our residents will be protected throughout the Project;
7.2 The CNSC hearing and the issuance of the licence to AECL to permit the various
activities required for the Port Granby Project to proceed is a major milestone in the
approval and regulatory process for the Project. It also represents the culmination of
10 years of cooperative effort on the part of Municipal staff, the Municipal Peer Review
Team and the Port Hope Area Initiative Management Office. The important
contribution of Port Granby area residents, as represented by the South East Clarington
Ratepayers Association, through their participation in numerous meetings and the
development of the End Use Concept is also acknowledged.
REPORT NO.: PSD-078-11 PAGE 9
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
X Promoting economic development
X Maintaining financial stability
Connecting Clarington
Promoting green initiatives
X Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Janice Szwarz, Principal Planner
Attachments:
Attachment 1: Glossary of Terms
Attachment 2: Notice of CNSC Hearing
Attachment 3: Written Submission to the CNSC, Municipality of Clarington
Attachment 4: Written Submission to the CNSC, Municipal Peer Review Team
Attachment 5: Written Submission to the CNSC, Municipality of Port Hope
Attachment 6: Transportation Routes
List of interested parties to be advised of Council's decision:
Gerry Mahoney Andrew McCreath
Mr. T. Casha Joanne McNamara
Ray Coakwell and Frances Brooks Rupert McNeill
Walter Burman Tim and Laurel Nichols
Rosemary Cooper Carole Owens
Marion and Stuart DeCoste Garfield Payne
Mel Edwards James B. Robertson
Penny Ewington Linda and Paul Ryerse
Janice Fenton Sarwan Sahota
Betty and Stephanie Formosa John Stephenson
Lori Graham Brad and Penny Stripp
Luanne Hill and Mike Mamonko Rob and Kim Studt
Gord Jackson Midori Tanabe
Susan Kinmond Harvey Thompson
Maria Kordas-Fraser Rosemary Tisnovsky
Marc Landry Stan Tisnovsky
Jane Lawrence Julie Tutla
Brian Layng Richard Walker
Eric Leeuwner Mary and Harry Worrall
Michelle MacDuff
Attachment 1
To Report PSD-078-11
GLOSSARY OF TERMS
AECL Atomic Energy of Canada Limited
CNSC Canadian Nuclear Safety Commission
EA Environmental Assessment
LTWMF Long Term Waste Management Facility
MPRT Municipal Peer Review Team
WNSL Waste Nuclear Substance Licence
WWTP Waste Water Treatment Plant
Attachment 2
To Report PSD-078-11
Canadian Nuclear Commission canadienne
Safety Commission de sOretd nucl6aire
V,
July 20, 2011 Ref. 2011-H-07
Revision I
The Canadian Nuclear Safety Commission(CNSC)will hold a one-day public hearing to
consider Atomic Energy of Canada Limited(AECL)'s application for a licence for the Port Hope
Area Initiative Port Granby Project. AECL is seeking a ten-year licence term to develop the new
Long-Tenn Low-Level Radioactive Waste Facility and to complete the remediation of the
existing Port Granby Waste Management Facility. The Port Granby Project intends on providing
for the management of low-level radioactive waste currently located in Clarington,Ontario.
Hearing: September 27,2011
Place: Hope Fellowship Church at 1685 Bloor Street in Courtice, Ontario
Time: as set by the agenda published prior to the hearing date
The public hearing will be webcasted live on the Internet via the CNSC Web site and archived
for a period of 90 days.
AECL is undertaking the Port Granby Project on behalf of Natural Resources Canada.
The public is invited to comment on AECL's application. Only the interventions specifically
related to the Port Granby Project will be accepted. Requests to intervene must be filed with the
Secretary of the Commission by August 29,2011 directly on-line at
http://www.nuclearsafety.gc.ca/eng/commission/intervention/index.cfm or at the address below.
The request must include the following information, as per the Canadian Nuclear Safety
Commission Rules of Procedure:
• a written submission of the comments to be presented to the Commission;
• a statement setting out whether the requester wishes to intervene by way of
written submission only or by way of written submission and oral presentation;
and
• name, address and telephone of the requester.
Personal information, such as address and telephone numbers, is essential for linking the
submission to its author. Please submit your personal information on a separate page if you wish
to ensure its confidentiality. It should be noted that all submissions are available to the public
upon request to the Secretariat.
Canada
AECL's submission and CNSC staff's recommendations to be considered at the hearing will be
available after July 29, 2011. These documents are not downloadable. To obtain them, a request
must be made to the Secretariat at the address below or directly from the Web site.
Agendas,hearing transcripts and information on the hearing process are available at the CNSC
Web site: www.nuclearsafety.gc.ca.
c/o Louise Levert, Secretariat
Canadian Nuclear Safety Commission Tel.: 613-996-9063 or 1-800-668-5284
280 Slater St.,P.O. Box 1046 Fax: 613-995-5086
Ottawa, Ontario KIP 5S9 E-mail: interventions @cnsc-ccsn.gc.ca
Attachment 3
To Report PSD-078-11
•
clarington
Leading the Way
29 August 2011
Louise Levert, Secretariat
Canadian Nuclear Safety Commission
280 Slater Street
P.O. Box 1046, Station B
Ottawa, ON KIP 5S9
Dear Ms. Levert:
Re: Atomic Energy of Canada Limited's Application for a Waste Nuclear
Substance License for the Port Granby Long-Term Low- Level Radioactive
Waste Management Project Hearing (Ref. 2011-H-07)
File No.: PLN 33.4
This report provides the Municipality of Clarington's submission on Atomic Energy of
Canada Limited's (AECL) Application for a Waste Nuclear Substance Licence (WNSL)
for the Port Granby Long-Term Low-Level Radioactive Waste Management Project.
The Municipality also wishes to make an oral presentation at the CNSC hearing into this
matter. The oral presentation will be made by Mayor Adrian Foster.
The Municipality of Clarington is satisfied that the documents submitted by AECL to the
CNSC in support of its licence application are consistent with and appropriately
implement the findings of the Environmental Assessment Study Report and the
Screening Report prepared for the Port Granby Project. As such, we support the
issuance of a WNSL to AECL to permit the Port Granby Project to proceed.
If you require additional information regarding the intervention, please contact either
Janice Szwarz or Faye Langmaid of the Planning Services Department.
Sinc I
dv . Crome, MCIP, RPP
Director, Planning Services Department
/df
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Municipality of Clarington Submission-AECL Application for a Waste Nuclear Substance Licence 1
Port Granby Project-CNSC Hearing(Ref.2011-H-07)
1.0 Purpose of Report
This report is the Municipality's intervention to the Canadian Nuclear Safety
Commission (CNSC) with respect to AECL's Application for a WNSL for the Port
Granby Long-Term Low-Level Radioactive Waste Management Project.
2.0 Municipality of Clarington Involvement in the Port Granby Project
The Port Granby Project is one of two projects under the Port Hope Area Initiative
which began in 2001 when the Municipality of Clarington and the Municipality of Port
Hope entered into an agreement with the Government of Canada regarding the
management of the historic Low-Level Radioactive Waste in our communities. This
Agreement establishes the two municipalities as key stakeholders in the Port Hope Area
Initiative.
The Municipality of Clarington has a vital interest in ensuring the safe clean-up and long
term management of the radioactive waste and contaminated soils currently stored at
the Port Granby Waste Management Facility. Since 2001, the Municipality, with the
support of the Municipal Peer Review Team, has worked closely with the Port Hope
Area Initiative Management Office and its predecessor, the Low-Level Radioactive
Waste Management Office, to move the Project forward. Key activities have included:
• Reviewing and commenting on technical support documents prepared as part of the
Environmental Assessment process and the current licensing process;
• Reviewing and commenting on the detailed engineering design documentation at the
30 percent, 60 percent, 90 percent and 100 percent stages. and
• Involvement in community discussion groups and end use meetings with local
residents as well as the Port Hope Area Initiative Management Office.
Our primary objective in these reviews has always been to ensure that the health and
safety and well-being of our-residents and the natural environment are protected during
Project construction and during the long term Maintenance and Monitoring Phase.
Staff of the Port Hope Area Initiative Management Office and its predecessor, the Low
Level Radioactive Waste Management Office, have been receptive to our comments.
As a result of this high level of cooperation, the Municipality believes that the municipal
peer review process has added value to the numerous environmental, social and
technical decisions made over the past several years.
Municipality of Clarington Submission-AECL Application for a Waste Nuclear Substance Licence 2
Port Granby Project-CNSC Hearing(Ref. 2011-H-07)
3.0 Licensing Application and Manual
Licensing Application
Commission Member Document (CMD) 11-H10 submitted by CNSC staff to the
Commission provides the following:
• An overview of the matter being presented;
• Overall conclusions and overall recommendations;
• General discussion pertaining to the safety and control areas that are relevant to this
submission;
Discussion about other matters of regulatory 'interest; and
• All available information pertaining directly to the current and proposed licence.
The document notes that the Port Granby Project will be conducted in three distinct
phases after the issuance of the requested licence:
• Phase I -the Transition Phase which will involve the possession and management of
the nuclear substances at the Port Granby Waste Management;
• Phase II —the Implementation Phase; and
• Phase III—the post-closure plan.
CNSC staff have concluded that AECL is qualified to carry out the activity authorized by
the license, and will, in carrying out the activity, make adequate provision for the
protection of the environment, the health and safety of persons and the maintenance of
national security and measures required to implement international obligations to which
Canada has agreed.
CNSC staff has recommended to the Commission that, pursuant to the Nuclear Safety
and Control Act, a Waste Nuclear Substance Licence be issued to AECL for a period of
10 years.
The Municipality of Clarington has reviewed the Licensing Application package and we
agree with the CNSC staff conclusion regarding AECL's qualifications to undertake the
Port Granby Project and to provide for the protection of the environment and human
health and safety.'
Application by AECL for a WNSL for the Port Granby Long Term Low-level Radioactive Waste Management
Project,CMD 11—H10
Municipality of Clarington Submission-AECL Application for a Waste Nuclear Substance Licence 3
Port Granby Project-CNSC Hearing(Ref.2011-H-07)
Licensing Manual
The Licensing Manual provides an overview of all aspects of the Port Granby Project2,
including details on the construction of the LTWMF and the transportation of the waste,
construction and backfill materials. It also describes those actions and activities that are
licensable under the waste nuclear substance licensing process.
More specifically, the Licensing Manual presents information relating to:
• The nature of the work to be performed;
• Communications programs;
• Safety (radiological and conventional);
• Radiation, radioactive material transportation and environmental protection
programs;
• Security and emergency management programs;
• Training; and
• Quality assurance measures planned for implementation.
The Licensing Manual also provides reference to the documentation that describes the
AECL programs and plans under which the work will be executed.
The Municipality of Clarington has reviewed the Licensing Manual and concurs that it
provides an accurate description of the various activities to be undertaken for the
Project as reviewed by and agreed to by the Municipality.
4.0 Municipal Support of the Port Granby Process and Licence
As a key stakeholder in the Port Granby Project, the successful completion of the Port
Granby Project is very important to the Municipality of Clarington. However, our
residents who live In the vicinity of the Project are also key stakeholders, and it is
equally important to the Municipality that their interests are protected as the Port Granby
Project proceeds. In this regard, the Municipality and the Port Hope Area Initiative
Management Office have met with area residents since the beginning of the Project to
discuss their concerns and to take action where appropriate to address these concerns.
AECL's application for a WNSL is a major milestone in the environmental and regulatory
review process for the Port Granby Project, and represents the product of a significant
amount of collaboration and cooperation between the Municipality of Clarington and the
federal government over the past decade. Based on our extensive involvement with
the Port Granby Project over the past ,decade and a thorough review of all the
documents that have led up to the CNSC hearing, the Municipality is satisfied that the
Port Granby Project can proceed safely and with minimal environmental effects.
2 Licensing Manual—Information in Support of the Port Granby Long Term Low-level Radioactive Waste
Management Project Licence application prepared by the Port Hope Area Initiative Management Office 4502-
508760-MAN-001
Municipality of Clarington Submission-AECL Application for a Waste Nuclear Substance Licence 4
Port Granby Project-CNSC Hearing(Ref.2011-H-07)
5.0 Conclusion
The Municipality of Clarington agrees with the CNSC staff conclusion that AECL is
qualified to manage the LTWMF and to carry out the activities that will be authorized by
the licence. We also believe that AECL has the capability to protect the environment.
and the health and safety of the public and workers during the Port Granby Project.
The Municipality of Clarington is therefore pleased to advise the Canadian Nuclear
Safety Commission that we support the issuance of a 10 year Waste Nuclear
Substance Licence to Atomic Energy of Canada Limited to permit the Port Granby
Project to proceed.
The progress to date on both the Port Hope and Port Granby Projects is, in large part,
the result of the thoroughness of the work undertaken by the Port Hope Area Initiative
Management Office, the Municipality and the Municipal Peer Review Team, and the
positive and cooperative working relationship that has existed among the parties over
the past several years. The importance of this relationship to developing and
maintaining the confidence of the Municipality and that of its residents in the Port
Granby Project cannot be over-stated and it should continue.
It is therefore important to the Municipality that we continue to be involved in the
decision making processes for the Port Granby Project after the issuance of the WNSL
licence. We wish to provide input where necessary and appropriate to ensure that the
quality of life of local residents is maintained during the Project and ultimately enhanced
by the end use of the sites. Furthermore, the Municipality plans to take an active role in
the monitoring of the matters that fall under our jurisdiction, such as the use of Municipal
roads.
Attachment 4
To Report PSD-078-11
H A R D Y
STEVENSON
AND ASSOCIATES
August 29,2011
Louise Levert,Secretariat
Canadian Nuclear Safety Commission
280 Slater Street
P.O. Box 1046
Station B
Ottawa, ON
K1P 5S9
Re: Atomic Energy of Canada Limited's Application for a Waste Nuclear Substance License
for the Port Granby Long-Term Low-Level Radioactive Waste Management
Project Hearing(Ref. 2011-H-07)
Dear Ms. Levert,
This is the Municipality of Clarington's, Municipal Peer Review Team's ("MPRT") submission
pertaining to Atomic Energy of Canada Limited's Application for a Waste Nuclear Substance
Licence ("WNSL") for the Port Granby Long-Term Low-Level Radioactive Waste Management
Project. The MPRT wishes to make an oral presentation at the Canadian Nuclear Safety
Commission hearing regarding this matter. The oral presentation will be made by Dave Hardy,
Principal of Hardy Stevenson and Associates Limited.
In general, the MPRT is satisfied with the documentation of potential effects and supports
granting the WNSL. If you require additional information regarding our intervention, please
contact me.
Sincerely,
Dave Hardy, RPP
Principal
Hardy Stevenson and Associates Limited
364 Davenport Road
Toronto,ON, M511 1K6
davehardv @hardystevenson.com
Tel. 416.944.8444 x 222
Municipal Peer Review Team Submission 1
1.0 Purpose of Report
These are the comments and recommendations of the Municipality of Clarington's, Municipal
Peer Review Team ("MPRT") on Atomic Energy of Canada Limited's ("AECL") Application for a
Waste Nuclear Substance Licence ("WNSL") for the Port Granby Long-Term Low-Level
Radioactive Waste Management Project. Our report includes an overview of the licensing
process, the peer review process and comments on the documentation we reviewed from
project inception to the detailed design stage. Our comments represent the MPRT's
intervention to the Canadian Nuclear Safety Commission ("CNSC").
2.0 Overview of the Port Granby Project
The Port Granby Project is one of two projects under the Port Hope Area Initiative("PHAI"). The
two projects are: the Port Hope Project in the Municipality of Port Hope and the Port Granby
Project in the Municipality of Clarington. Hardy Stevenson and Associates Limited ("HSAL") is
leading the peer review process for both Municipalities.The Port Granby Project consists of the:
• Development of a new Long-Term Low-Level Radioactive Waste Management Facility
("LTWMF") and relocation of the historic low level radioactive waste ("LLRW")from the
existing Port Granby Waste Management Facility("WMF");
• Construction of a new LTWMF, located approximately 700m from the existing Port
Granby WMF, which will provide local, environmentally safe and socially acceptable
long-term management of the LLRW; and,
• Maintenance and monitoring of the facility for hundreds of years.
The Project consists of three phases after the issuance of the licence:
Phase I:
The transition phase is expected to take approximately three years. It involves:
• Possession and management of the nuclear substances at the Port Granby WMF
currently licensed to Cameco Corporation.
Phase II:
The implementation phase is expected to take up to seven years. It involves:
• Construction of the LTWMF;
• Integration of the waste from the Port Granby WMF;and
• Remediation of Port Granby WMF.
Phase III:
The post-closure phase:
• Involving long-term monitoring and maintenance of the LTWMF.
AECL Application for the Waste Nuclear Substance Licence
Port Granby Project Hearing(Ref.2011-H-07)
Municipal Peer Review Team Submission 2
3.0 CNSC Licensing Process
The CNSC is the sole authority for regulating the use of all nuclear energy and materials in
Canada under the Nuclear Safety and Control Act. The CNSC is a quasi-judicial body that is
independent from the Government of Canada (and functions as Canada's nuclear 'watchdog').
The CNSC regulates the use of nuclear energy and materials to protect the health, safety and
security of people and the environment.
The CNSC can grant a WNSL for the Port Granby Project. The WNSL will address all radiological
aspects of the Project, including site preparation, construction, operation, decommissioning and
abandonment of the Port Granby Waste Management Facility and transportation to the LTWMF.
The applicant for the licence, on behalf of Canada, is AECL. The licensing application discusses
various high level documents (e.g. Detailed Design Description Report, Environmental Protection
Plan and various licensing documents, etc.). AECL have also prepared a written submission as
part of the licensing package.
4.0 Licence Application and Manual
We reviewed the "Application by Atomic Energy of Canada Limited for a Waste Nuclear
Substance License for the Port Granby Low Level Radioactive Waste Management Project (CMD
11-1-110)". We note that CNSC staff recommends that a ten-year WNSL be issued. The licence
will permit the project to be implemented under the proposed timeline. CNSC support staff
support is commensurate with the low risk of the project.
The License Application provides:
• An overview of the matter being presented;
• Overall conclusions and overall recommendations;
• General discussion pertaining to the safety and control areas that are relevant to this
submission;and
• Discussion about other matters of regulatory interest.
We agree with the CNSC staff conclusion that AECL is qualified to carry out the activities that the
license will authorize and will, if the license is issued, make adequate provisions for the
protection of the environment,the health and safety of persons.
The MPRT also reviewed the "Licensing Manual - Information in Support of the Port Granby
Long-Term Low-level Radioactive Waste Management Project Licence application prepared by
the Port Hope Area Initiative Management Office 4502-508760-MAN-001".
The Licensing Manual provides an overview of all aspects of the Port Granby Project.
Furthermore, it provides detail on the construction of the LTWMF and transportation of the
waste, construction and backfill materials as developed by AECL. The document also describes
actions and activities that are licensable under the WNSL process.
AECL Application for the Waste Nuclear Substance Licence
Port Granby Project Hearing(Ref.2011-H-07)
Municipal Peer Review Team Submission 3
More specifically,the Licensing Manual presents information relating to:
• The nature of the work to be performed;
• Communications programs;
• Safety(radiological and conventional);
• Radiation, radioactive material transportation and environmental protection programs;
• Security and emergency management programs;
• Training;and
• Quality assurance measures planned for implementation.
The Licensing Manual also references the documentation that describes AECL's programs and
plans under which the work will be executed (e.g. licensing documents and environmental
protection programs, etc.). As mentioned previously in Section 3.0, we reviewed and
commented on these documents and are satisfied with the information presented.
5.0 Overview of the Municipal Peer Review Process
The following provides an overview of the Municipality of Clarington's Municipal peer review
process. It describes the role of the MPRT and our methodology for reviewing documentation
including the detailed design specifications,drawings and corresponding reports.
5.1 What is the Peer Review Process?
The purpose of the municipal peer review process is to review, assess and comment on the
scientific and technical studies and other matters pertaining to the Port Granby Project.
Independent research is not conducted. The MPRT also indicates where additional studies may
be helpful and identifies areas where the analysis could be strengthened.
The peer review process was initiated as a result of the Municipalities of Port Hope and
Clarington negotiating and signing a Legal Agreement with the Government of Canada in 2001.
The peer review process assists the Municipality of Clarington to be involved in the decision
making process as an equal party by providing the Municipality with a team of specialists. The
MPRT works under the Principal Planner, Special Projects Branch at the Municipality of
Clarington, Ms.Janice Szwarz.
The MPRT is comprised of a range of professionals with expertise in nuclear engineering, health
physics, air quality assessment, hydrogeology, geology and soils science, land-use planning,
shoreline and harbour engineering, social science and natural environmental sciences. The
following specialists participate in the peer review process:
AECL Application for the Waste Nuclear Substance Licence
Port Granby Project Hearing(Ref.2011-H-07)
Municipal Peer Review Team Submission 4
Member MPRT ..
Dave Hardy Socio-Economic Impact HSAL
Assessment, Environmental
Planning, Land-use Planning and
Policy
Danya AI-Haydari Socio-Economic Impact HSAL
Assessment
Eric Tuson Civil Engineering,Transportation, The Municipal Infrastructure
Water,Waste Water and Storm Group Ltd.
Water Engineering
Paul Bowen Hydrogeology,Groundwater, Terraprobe
Mound Design,Soils Remediation
and Engineering
Dr.Tony van der Vooren, PhD Atmospheric Science AMEC
Dr. Robert Murphy, PhD Health Physics Eberline Services
Chris Ellingwood Biology Niblett Environmental
Associates Inc.
Milo Sturm Costal Engineering Shoreplan Engineering Limited
Dr. Murray Finklestein, PhD, M.D. Medical Doctor and Independent medical
Epidemiologist-Occupational professional
Medicine,Environmental
Medicine, Biostatistics
5.2 Peer Review Methodology
The MPRT uses a specific methodology for evaluating the project documentation (e.g. EA
documents, baseline/background reports, detailed design specifications and drawings,etc.). The
methodology reinforces the principle of a fair and transparent process. The following questions
provide an overview of the MPRT methodology:
• Is the purpose of the work clearly stated and are all issues and impacts encompassed
through the stated purpose?
• Is the methodology sound enough to permit the MPRT's objective review of the issues, data
and facts?
• Are relevant data and facts clearly and consistently used in the reports and detailed design
documentation?
• Have cumulative effects been thoroughly understood?
• Are certainties and uncertainties of the studies openly and objectively stated?
AECL Application for the Waste Nuclear Substance Licence
Port Granby Project Hearing(Ref.2011-H-07)
Municipal Peer Review Team Submission 5
• Are there data gaps?
• Can the MPRT trust the data?
• Are the conclusions supported by the data and research undertaken?
• If the MPRT examined the data would it reach the same conclusions?
• Are realistic mitigation measures or designs proposed by the Port Hope Area Initiative
Management Office(PHAI-MO)consultants?
• Will the mitigation measures function to address effects over the life of the project?
• Are there gaps arising from the MPRT's examination of the issues?
• Are there areas where the MPRT and PHAI-MO consultants completely disagree?
• Have significant issues been overlooked during the EA process or detailed design process?
• Are gaps addressed to the point where the project can move forward?
• Are there Federal, Provincial and local standards, regulations and guidelines that have been
overlooked?
• What are the conclusions of the MPRT?
• What is the MPRT recommendation to the Municipality of Clarington?
6.0 Overview of Issues Reviewed by the MPRT
The MPRT understands that the Port Granby Project is very important to the Municipality of
Clarington. Additionally, the completion of the construction and development phase of the
Project will bring important benefits to the Municipality and the local community.
We are confident that the clean up process will meet the Municipal requirements for health and
safety, infrastructure and environmental protection. We are also confident that the material
will be properly managed over the long-term.
The MPRT have provided thousands of comments that have been dispositioned by the PHAI-MO
using a formal disposition process. The following is a list of the major interactions between the
PHAI-MO and the Municipality(and MPRT)that have occurred since project inception:
• Review of all technical support documentation (background and baseline studies,
specifications and diagrams, Environmental Assessment and licensing documents);
AECL Application for the Waste Nuclear Substance Licence
Port Granby Project Hearing(Ref.2011-H-07)
Municipal Peer Review Team Submission 6
• Involvement in community discussion groups and end use meetings with local residents
.as well as the PHAI-MO;and
• Comment on the detailed design drawings and specifications at the 33 percent, 66
percent,99 percent and 100 percent stages.
The following provides an overview of the areas of the Port Granby Project that the MPRT have
reviewed and are satisfied with.
6.1 Hydrogeology
The following are summary comments on hydrogeological issues.
Enhanced Facility Design and Integrity of the Mound
Upon review of the Port Granby Environmental Assessment Study Report ("EASR") and initial
design of the storage mound, the MPRT concluded that the LTWMF as proposed in the draft
EASR could be constructed, operated, and maintained in a way that would result in minimal
adverse effects on the environment. The Long-Term Waste Management Storage Facility
included a compacted clay soil layer over the natural till at the site, a single liner geomembrane
system, a sand leachate drainage layer and a cover system.
The MPRT identified opportunities to strengthen the design and provide greater redundancy
toward protecting the natural till deposit at the site and the surrounding environment.
The PHAI-MO developed an enhanced facility design for the engineered mound that utilizes a
capillary barrier and drainage system as part of the cover system. The MPRT supported the
revised design of the mound. The detailed design documentation reflects the revised facility
design and we are satisfied with the integrity of the mound as depicted in the specifications and
drawings.
Flushing
The MPRT assessed the design for the long-term remediation of the existing WMF through
flushing groundwater contaminants. After the waste material is removed and stored in the
LTWMF, the residual contaminated groundwater at the existing Port Granby WMF will be
flushed over an extended period of time. Collection facilities will be employed over that period
of time to gather residual water and pump it to the water treatment facility. Following
discussions with PHAI-MO, the MPRT is satisfied with contaminant levels following clean-up and
the time requirements for flushing considering that the site will not be used for residential uses.
6.2 Effects on the Natural Environment and Biota
We reviewed the EASR, detailed design documents and specifications, Environmental Protection
Plan and the Biophysical Effects Monitoring Plan. The MPRT looked carefully at effects on flora
and fauna (on and off-site), potential effects on streams and wildlife corridors (e.g. fish habitat
and migratory birds), the preservation and restoration of vegetation and the protection of Port
Granby Creek. We concluded that the LTWMF and remediation plans have provided satisfactory
AECL Application for the Waste Nuclear Substance Licence
Port Granby Project Hearing(Ref.2011-H-07)
Municipal Peer Review Team Submission 7
provisions for the monitoring and mitigation of effects on the natural environment. We are
satisfied that the natural environmental effects of the Project have been appropriately
addressed in the design documentation stage.
6.3 Effects on the Socio-Economic Environment
It is important to the Municipality, the MPRT and PHAI-MO that the quality of life of the local
community be maintained over the construction and operation phases. The MPRT reviewed the
socio-economic portions of the EASR and background studies as well as relevant documentation
in the licensing documents and program plans. We also attended consultation sessions with
local residents and reviewed public consultation documentation developed by PHAI-M0.
We conclude that with appropriate mitigation measures and follow-up monitoring, the LTWMF
Project will not cause significant socio-economic effects. The MPRT recommended the adoption
of impact avoidance programs and measures as a first priority (before implementing complaints
monitoring). We also recommended the strengthening of impact avoidance and oversight
measures where municipal assets (e.g. roads, bridges, sewers and other municipal
infrastructure) may be affected. Furthermore, the MPRT has encouraged a pro-active approach
to socio-economic effects monitoring, avoidance and mitigation as opposed to adaptive
management (where issues are corrected after they have occurred). The PHAI-MO has
accepted a more proactive set of measures to avoid socio-economic effects.
We reviewed the "socio-Economic Effects Monitoring Plan — Port Granby Project — 4502-
509246-PLA-003" and related socio-economic analysis pertaining to effects on the enjoyment of
property, agricultural effects, noise, dust, traffic and nuisance effects, effects to property values
and the efficacy of the Property Value Protection Program. We conclude that the analysis and
long term monitoring, avoidance and management of the socio-economic environment is
satisfactory.
6.4 Dust Management
The MPRT carefully reviewed the EASR, background documentation and detailed design
documents (including specifications) for all items related to the management of dust (regarding
the remediation of the WMF and new LTWMF). Throughout the review process, we maintained
that dust should not be detected beyond the site fence line and consequently should not be
leaving the site. During the detailed design phase we noted that the design includes two zones
intended to ensure that radiological contamination and marginally contaminated soil dust does
not leave the site. This information has been vital in addressing our concerns about dust
management.
We are pleased to note that the PHAI-MO has committed to provide a Dust Management Plan
and we look forward to reviewing it and the exclusion boundaries supporting the engineering
drawings.
AECL Application for the Waste Nuclear Substance Licence
Port Granby Project Hearing(Ref.2011-H-07)
Municipal Peer Review Team Submission 8
6.5 Human Health and Safety
Radiation protection has been a key concern for the MPRT as it pertains to the EASR,
background documentation and the detailed design documentation. We obtained and reviewed
the Radiation Protection Plan (licensing document) and concluded that it satisfactorily addresses
radiation protection.
6.6 Transportation
The MPRT reviewed the analysis of potential transportation effects and mitigation measures (on
and off-site) as presented in the EASR, background studies and the detailed design documents.
We reviewed the project's requirements to upgrade some municipal roads to be used as haul
routes and the implication for community and municipal interests. The MPRT(and Municipality
of Clarington) worked with the PHAI-MO on a resolution to these issues and we are confident
they can be resolved.
7.0 Conclusion
The MPRT has provided thousands of comments to PHAI-MO on the design, construction,
management and long term operation of the Port Granby Project. We have been thorough in
our reviews. The MPRT and PHAI-MO have not always agreed. Regardless, the PHAI-MO was
receptive to our comments. We commend them for working through the issues.
The MPRT agrees with the CNSC staff conclusion that AECL is qualified to manage the LTWMF
and complete the activities that will be authorized by the licence. We support the issuance of
the WNSL and look forward to working with the PHAI-MO as the Project moves forward.
AECL Application for the Waste Nuclear Substance Licence
Port Granby Project Hearing(Ref.2011-H-07)
Attachment 5
To Report PSD-078-11
MEall
AUG 0 8 2011
I'i
I qdF° 2.
MUNICIPALITY OF CLARINGTON
PLANNING DEPARTMENT
The"lunlclpamy of
Port Hope OFFICE OF THE MAYOR
July 25, 2011
Louise Levert
Secretariat
Canadian Nuclear Safety Commission
280 Slater Street
P.O. Box 1046
Ottawa, Ontario KIP 5S9
Dear Ails. Levert,
Re: Support for Port Granby Project Waste Nuclear Substance License
On behalf of the Municipality of Port Hope, I would like to thank the Canadian Nuclear
Safety Commission for the opportunity to provide this submission in support of the
AI)plication for the Maste Nuclear Substance License for•the Port Granby Long-Term
Loiv-Level.Radioactive 141aste-Almtagenrent Project. �
The Legal Agreement between the A1Itmicipality of Clarington, the Municipality of Port
Hope and the Goverinnent of Canada establishes the two Municipalities as key
stakeholders in the Port Hope Area Initiative.The Agreement also amply demonstrates
the conunitment of all parties to both the Port Hope and Port Granby Projects.
As a key stakeholder in the Port Hope Area Initiative, the MUmlcipality of Port Hope has
a vital interest in enstnring the safe clean-tip-and long tern management of the radioactive
waste and contaminated soils in both Clarington and Port Hope. As such,we.have
consistently supported the efforts of the Port Hope Area Initiative and the Municipality of
Clarington towards the successful implementation and completion of the Port Granby
Project.
The progress to date on both the Port Elope and Port Granby Projects is, in large part,the
result of the thoroughness of the work undertaken by the Port Hope Area Initiative
Management Office and the Municipal Peer Review Teams, and the positive and
I
56 Queen Street Port Hope ON LIA 3Z9 t:905.885.4544 f. 905,885.7698
mayor@porthopexa wwwporthope.ca
cooperative working relationship that has existed among the parties over the past several
years.
tiVe understand that the Municipality of Clarington has completed its review of the Port
Hope Area Initiative Project documents and plans and is in support of the Project
proceeding, Therefore, the Municipality of Port Hope would like to reiterate its support
for the Port Granby Project and the Application for•the Waste Nuclear Substance License
to be considered by the CNSC at its hearing on September 27, 2011.
Sincerely,
�.aad Ol ipso
Mayor
CC. Mayor Adrian Foster,Municipality of Clarington
Christine Fahey,PHAI MO
R. Carl Cannon, CAO
Janice Szwarz,Municipality of Clarington
Anthony Hobbs,MPRT
Attachment 6
To Report PSD-078-11
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