December 21, 2006 37-2-6-1; 10-64-0; Ccm 2006-000467
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950729.tif December 21, 2006 37-2-6-1; 10-64-0; ccm 2006-000467 The Honourable Rona Ambrose, P.C., M.P. Minister of the Environment Les Terrasses de la Chaudière 10 Wellington Street, 28th Floor Gatineau, QC KIA OH3 Subject: Deep Geologic Repository Project - Environmental Assessment Recommendation Dear Minister: Ontario Power Generation Inc. (OPG) notified the Canadian Nuclear Safety Commission (Commission) on December 2, 2005, of its intent to seek the Commission’s approval to prepare a site, construct and operate a Deep Geologic Repository (DGR) on the Bruce Nuclear Site within the Municipality of Kincardine, Ontario. The DGR would be located approximately 1.5 km from the Lake Huron shoreline and would be constructed in the sedimentary rock approximately 500 to 700 meters below the ground surface. The purpose of the DGR would be for the long-term storage of low and intermediate level radioactive waste. The Commission’s authorization of OPG’s request would ultimately require the issuance of licences under the Nuclear Safety and Control Act (NSCA). Before considering OPG’s application for the necessary licences under the NSCA, the Commission must determine the results of an environmental assessment (EA). This determination includes making a decision on the potential for the project to cause adverse environmental effects, and determining a subsequent course of action under the Canadian Environmental Assessment Act (CEA Act). As OPG’s DGR Project falls within the Comprehensive Study List Regulations of the CEA Act and is subject to a comprehensive study, the Commission is required to submit an Environmental Assessment Track Report to you, as the federal Minister of the Environment, including a Recommendation on the proposed track for the EA to either continue the EA as a comprehensive study or refer the EA to a review panel or mediator. The Commission is the sole responsible authority for this EA. …/2 The Hon. Rona Ambrose, P.C., M.P. - 2 - ccm 2006-000467 In establishing the process to assist the Commission in making its recommendation, the Commission determined that it was appropriate to hold a public hearing on the matter. A hearing was held on October 23, 2006, in Kincardine, Ontario. The hearing was conducted in accordance with the Commission’s process for determining matters under the CEA Act and Rule 3 of the Canadian Nuclear Safety Commission Rules of Procedure. During the public hearing, the Commission received written submissions and heard oral presentations from Commission staff and OPG. The Commission also considered oral and written submissions from 57 intervenors. The Commission, in making its decision, considered all the information presented at the hearing. Its detailed Record of Proceedings, including Reasons for Decision, is enclosed for your information. It will be published today in both official languages. Pursuant to subsection 21 (2) of the CEA Act and following the public consultation on the Environmental Assessment Scoping Document and the public hearing of the Commission, the Commission prepared the Environmental Assessment Track Decision Report. The Report covers the following: the scope of the project; the factors to be considered in its assessment and the scope of those factors; public concerns in relation to the project; the potential of the project to cause adverse environmental effects; and the ability of the comprehensive study to address issues relating to the project. Finally, the Report includes the recommendation that the DGR Project EA be undertaken by means of a review panel. As the sole responsible authority, the Commission hereby submits to you the Environmental Assessment Track Decision Report for the DGR Project. Should you accept the recommendation that the proposed project be referred to a review panel, the Commission wishes to advise you that it is available to discuss process options to further assist in the effective conduct of this review, including the option of the Commission leading the review panel. This offer is based on the extensive expertise and experience of the Commission, and its Governor in Council (GiC) appointed members, in nuclear projects in Canada, its international network and its status as an independent agency and court of record under the NSCA. Yours truly, Original signed by Linda J. Keen c.c. The Honourable Gary Lunn, P.C., M.P., Minister of Natural Resources Mr. Jean-Claude Bouchard, President, Canadian Environmental Assessment Agency Mr. James Hankinson, President and CEO, Ontario Power Generation Enclosures: - Record of Proceedings, including Reasons for Decision - Environmental Assessment Track Decision Report Environmental Assessment Track Report Ontario Power Generation’s Proposed Deep Geologic Repository for Low and Intermediate Level Radioactive Waste December 2006 TABLE OF CONTENTS 1.0 Introduction ___________________________________________________________ 1 2.0 Project Overview _______________________________________________________ 2 3.0 Scope of Assessment_____________________________________________________ 2 4.0 Public Consultation _____________________________________________________ 3 4.1 CNSC Staff Lead Consultation _______________________________________________ 3 4.1.1 Advertising for Public Comment _____________________________________________________3 4.1.2 Summary of Comments Received ____________________________________________________4 4.1.3 First Nations Consultation __________________________________________________________5 4.2 Public Hearing of the Commission_____________________________________________ 6 4.2.1 Advertising for Public Hearing_______________________________________________________6 4.2.2 Summary of Public Concerns Voiced at the Public Hearing of the Commission _________________6 5.0 Potential of the Project to Cause Adverse Environmental Effects_________________ 7 5.1 Potential Adverse Effects during Site Preparation________________________________ 8 5.2 Potential Adverse Effects during Construction __________________________________ 8 5.3 Potential Adverse Effects during Operation _____________________________________ 9 5.4 Potential Adverse Effects in the Long Term _____________________________________ 9 6.0 Ability of the Comprehensive Study to Address Issues Relating to the Project______ 10 6.1 Public Concerns ___________________________________________________________ 10 6.2 Commission Concerns______________________________________________________ 13 7.0 Summary and Recommendation __________________________________________ 14 8.0 References ___________________________________________________________ 14 APPENDIX 1: Environmental Assessment Scoping Document APPENDIX 2: Notices Requesting Public Comment on the Scoping Document and for the Pubic Hearing APPENDIX 3: Table of Predicted Effects EA Track Report December 2006 1.0 Introduction In a letter dated December 2, 2005 (Ref. 1), Ontario Power Generation (OPG) indicated its intent to prepare a site and construct a Deep Geologic Repository (DGR) on the Bruce Nuclear Site that is located within the Municipality of Kincardine, Ontario. The proposal involves the preparation, construction and operation of the DGR. This is an undertaking in relation to a physical work and, as such, is a “project” as defined under Section 2 of the CEAA. The CNSC issues licences for activities involved in OPG’s proposal under the authority of Section 24(2) of the Nuclear Safety and Control Act (NSCA), which is prescribed on the Law List Regulations. Therefore there is a “trigger” for an EA pursuant to paragraph 5(1)(d) of the CEAA. There are no identified exclusions from environmental assessment for this project, pursuant to Section 7 of the CEAA and the Exclusion List Regulations of the CEAA. Accordingly, CNSC must conduct a federal EA in accordance with the provisions of the CEAA prior to consideration of an application to authorize the project under the NSCA. The CNSC is the only Responsible Authority for the project as defined under the CEAA. Environment Canada, Natural Resources Canada and Health Canada have identified themselves as federal authorities and will provide expert advice in relation to the environmental assessment upon request. The Canadian Environmental Assessment Agency (the Agency) is the federal environmental assessment coordinator (FEAC) for the proposed project and is responsible for coordinating the review activities of the responsible authority and expert federal authorities in accordance with Section 12 of the CEAA. The proposed project is subject to a comprehensive study under the CEAA, because the proposal would involve the construction of a new Class 1B facility on a site not within the boundaries of an existing licensed nuclear facility, and would be used for the management of radioactive nuclear substances. As such, under Part VI, Section 19(g)(iii) of the Comprehensive Study Regulations of the CEAA, and pursuant to Section 21 of the CEAA, the CNSC must ensure that a Comprehensive Study of the project is initiated, and that a report must be provided to the federal Minister of the Environment. This report has been prepared by the Canadian Nuclear Safety Commission for the Minister of the Environment under section 21 of the CEAA. The report describes and discusses: • the scope of the project; • the factors to be considered in its assessment and the scope of those factors; • public concerns in relation to the project; • the potential of the project to cause adverse environmental effects; and • the ability of the comprehensive study to address issues