Vote: approved

Item Text

PZ-3. PALO VERDE NUCLEAR GENERATING STATION (PVNGS) Case # Z2014083 Supervisor District: 4 Applicant/Owner: Gallagher & Kennedy/ Arizona Public Service Company (APS) Request: Consolidation of Special Use Permits (SUP) for a nuclear power generating station and evaporation ponds, and modification of conditions/stipulations Site Location: Approximately at the northeast corner of Wintersburg Rd & Elliot Rd in the Arlington area Site Size: Approximately 4,290 acres County Island Status: N/A Additional Comments: N/A Commission Recommendation: On 1/22/15, the Commission voted 9-0 to recommend approval of Z2014083 subject to conditions ‘a’ – ‘o’: Provided the following conditions and stipulations are met: a. This special use permit (SUP) amends and supersedes all previous zoning entitlement approvals for the Palo Verde Nuclear Generating Station (PVNGS) including the power generation facility and the evaporation ponds. This list of conditions amends and supersedes all previous stipulations and conditions. b. This SUP is a permanent zoning entitlement without expiration. c. PVNGS operations are subject to oversight and regulation by the Nuclear Regulatory Commission (NRC). In exercise of its jurisdiction, the NRC requires that a nuclear facility, its environs, design, operation and maintenance comply with operational criteria and regulations intended to protect the public health and safety. PVNGS shall operate within the limits of these parameters. d. PVNGS shall be operated and developed on the property identified within and in general conformance with the Concept Plan of Development consisting of one page entitled “Palo Verde Nuclear Generating Station Special Use Permit Bubble Plan”, dated initial submittal to Maricopa County October 31, 2014 (concept plan). e. Development of PVNGS shall also be consistent with the exhibit entitled “Palo Verde Nuclear Generating Station Special Use Permit Floodplain Exhibit”, dated initial submittal to Maricopa County January 6, 2015 (floodplain exhibit). f. PVNGS development and use within the concept plan shall be in substantial compliance with the narrative consisting of six pages entitled “Palo Verde Nuclear Generating Station, Special Use Permit (Z 76-33), SUP Modification Application - Narrative”, dated November 7, 2014 (narrative). g. PVNGS operations shall be subject to the following: 1. There shall be no release of noxious fumes. 2. There shall be no discharge of liquid effluents onto adjacent properties. 3. The reservoir and evaporation ponds shall be lined to mitigate seepage and the risk of degrading groundwater resources. 4. Continuing monitoring programs shall be conducted in compliance with Arizona Department of Environmental Quality permits to detect any changes in water quality so that any required action can be taken in a timely manner. h. Any work within the rights-of-way of Wintersburg Road, Elliot Road or Salome Highway will require permit(s) from the Maricopa County Department of Transportation. i. A portion of the site is within a delineated 100-year floodplain as indicated on the floodplain exhibit. Prior to any new development, a Floodplain Use Permit must be obtained from the Flood Control District of Maricopa County. j. Drainage review of planning/zoning cases is for conceptual design only and does not represent the final design approval nor shall it entitle applicants to future designs for new development that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance, and Drainage Policies and Standards. k. Additional nuclear power reactor units, beyond the three existing units, shall not be added to PVNGS without an amendment to allow such additional nuclear power reactor units. Said major amendment to the SUP shall be presented to the Maricopa County Board of Supervisors after recommendation of the Maricopa County Planning & Zoning Commission. An expansion of the SUP land area shall be a major amendment presented to the Maricopa County Board of Supervisors after recommendation of the Maricopa County Planning & Zoning Commission. Uses consistent with the SUP as approved herein or expansion of current operations shall not be considered a major or minor amendment to the SUP but rather shall be considered in general conformance with the concept plan and substantial conformance with the narrative. l. PVNGS shall abide by all state and federal laws regarding jurisdictional dams. m. Development and use of the PVNGS property shall comply with requirements for fire hydrant placement and other fire protection measures as deemed necessary by the Palo Verde Nuclear Generating Station Fire Department. n. As stated above PVNGS is required by federal regulations to comply with the requirements, regulations and oversight of the NRC in relation to the public health and safety in its nuclear operations. In most cases, the requirements of the NRC exceed the requirements of the Maricopa County Zoning Ordinance, and violations of the NRC’s requirements are subject to corrective actions by federal authorities. When federal laws and regulations overlap with the requirements of Maricopa County and the State of Arizona, the laws and regulations of the United States shall preempt such local governance. This includes these conditions of SUP approval. o. Construction permitting at PVNGS may be governed by a Memorandum of Understanding (MOU) between the Maricopa County Planning & Development Department and Arizona Public Service Company (APS). (C-44-15-056-M-00)