Decision and Order

Pursuant to the foregoing Findings of Fact and Opinion, the Connecticut Siting Council (Council) finds that the effects associated with the construction, operation, and maintenance of an independent spent fuel storage installation (ISFSI) at the Millstone Power Station including effects on the natural environment; ecological integrity and balance; public health and safety; scenic, historic, and recreational values; forests and parks; air and water purity; and fish and wildlife are not disproportionate either alone or cumulatively with other effects when compared to need, are not in conflict with the policies of the State concerning such effects, and are not sufficient reason to deny the Dominion Nuclear Connecticut, Inc. application to modify an existing electric generating facility (Millstone Power Station) to establish an independent spent fuel storage installation on property located off Rope Ferry Road, Waterford, Connecticut.

The facility shall be constructed, operated, and maintained substantially as specified in the Council’s record in this matter, and subject to the following conditions:

1. The existing spent fuel pools shall become the designated storage area for spent fuel.

2. That Millstone Power Station is not a permanent spent nuclear fuel storage site.

3. That the Certificate Holder move the spent fuel to a national repository as soon as legally possible; and transfer or sale to any other nuclear power station of any waste schedule allocations granted to the Certificate holder by the Department of Energy for Millstone Power Station-generated waste is prohibited unless needed to move spent nuclear fuel to a national repository earlier.

4. That the need for temporary storage will maintain capability of full core reactor off load.

5. That the temporary dry cask storage will be removed from the site prior to or as part of the plant decommissioning subject to Department of Energy acceptance;

6. That the temporary use will not preclude the future use of the facility for business, water dependent or industrial use(s) as permitted in the Zoning Regulations of the Town of Waterford.

7. The Certificate Holder shall notify the Council and Town of Waterford of the Nuclear Regulatory Commission’s decision to the license renewal application for Unit 2 and Unit 3. If license renewal is granted by the NRC, the Certificate Holder may petition the Council for additional HSMs.

8. Only Millstone Power Station (Units 1, 2, and 3) spent nuclear fuel will be stored in the ISFSI.

9. If federal preemption orders the Certificate Holder to accept nuclear waste and revenue is generated, such revenue, net of cost, shall be collected by the State as a storage fee.

10. Only NRC-certified dry storage systems would be installed, including incorporation of advancements in dry storage technology, as applicable to Millstone Power Station spent fuel management.

11. That a periodic construction report be submitted to the Council and the Town of Waterford on the status of construction, module installation, delivery of horizontal storage modules, site rehabilitation and notification of construction completion.

12. Submittal of annual reports on the status of Millstone Power Station’s operations, including loading activities; information on the necessity to expand the ISFSI; the status of the federal repository; and a 5-year projection of Millstone Power Station’s anticipated spent fuel storage requirements to the Council and the Town.

13. Installation of three groundwater monitoring wells, one up gradient and two down gradient from the ISFSI Site, and results provided in the annual report.

14. Copies of the amended National Pollution Discharge Elimination System (NPDES) permit and General Permit for the Discharge of Storm water Associated with Industrial Activity for the proposed ISFSI shall be filed with the Council and Town of Waterford.

15. The Certificate Holder shall complete all subsurface infrastructure work for 135 Hams, including without limitation, site clearing, regrading and preparation, backfilling to address structural and seismic considerations, construction of a haul road, installation of permanent storm water drainage improvements and placement of underground utilities; relocate the perimeter Protected Area fence one time to surround the entire 2-acre ISFSI Site and 4-acre Equipment Laydown Area; and install a concrete pad large enough to accommodate 45/67 HSMs and the HSMs shall be installed in numeric order as identified in the record starting along the east side.

16. The Certificate Holder shall prepare a Development and Management (D&M) Plan for this site, submitted to and approved by the Council, prior to the commencement of facility construction and shall include provisions for detailed site plans identifying security fence, retaining walls, subsurface work, drainage control, gravel areas, concrete foundations for horizontal storage modules, concrete aprons, haul access road structure locations, and an erosion and sediment control plan consistent with the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control.

17. Unless otherwise approved by the Council, this Decision and Order shall be void if the facility authorized herein is not operational within three years of the effective date of this Decision and Order or within three year after all appeals to this Decision and Order have been resolved. Any request for extension of this period shall be filed with the Council not later than sixty days prior to expiration date of this Certificate and shall be served on all parties and intervenors, as listed in the service list. Any proposed modifications to this Decision and Order shall likewise be so served.

Pursuant to General Statutes § 16-50p, we hereby direct that a copy of the Findings of Fact, Opinion, and Decision and Order be served on each person listed below, and notice of issuance shall be published in the (newspapers).

By this Decision and Order, the Council disposes of the legal rights, duties, and privileges of each party named or admitted to the proceeding in accordance with Section 16-50j-17 of the Regulations of Connecticut State Agencies.

The parties and intervenors to this proceeding are: