ML17037B767

Letter Regarding Details of the Issuance of a Provisional Construction Permit

ML17037B767
Person / Time
Site:	Nine Mile Point
Issue date:	05/20/1965
From:	Humphrey H US SEN (Senate)
To:	Seaborg G US Atomic Energy Commission (AEC)
References
Download: ML17037B767 (6)

Text

THE VICE PRESIDENT WAS HI NGTON May 20, 1965 )6

Dear Glenn,

Thanks for your letter giving me the details of the issuance of a provisional construction permit to the Niagara Mohawk Power Corporation. I have written Mr. Rachlin of the Congress of Racial Equality a followup letter based on the data you have supplied me. I appreciate your help.

Sincerely,

~ Ah~~ehg Hubert H. Humphrey Honorable Glenn T. Seaborg Chairman Atomic Energy Commission Washington, D.C.

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co MAY 5 f965 Sear Ih'. Vice President: ga Thank you fox your lottex'f April 21, 1965, concerning the construction permit which 'wao recently issued to Niapara khhawk Powor Coxporation. You enclosed with your letter copies of two letters from Nr. Carl Rachlin, General Counsel for the Congress of. Racial Equality, each dated April,9, 1965, Ono of those letters, addressed to you, refers to the empioymant px'actices of Nist ara Mohawk and .states that this corporation has been provisionally awarded "a contx'act" to build a plant in Scriba, Ne~ York. Tho other lattox'rom th'. Rachlin, addressed to mo, has been answered by a letter, dated April 23, 1965, from oux'eneral Counsol,"

. Joseph hennessey> A copy is attached.

Xn his latter~ Mx', Hennessey pointed out that tho proceeding in question involves only the regulatory functions of the Atomic Enex'Gy Commission; that the Conunission'q Jurisdiction in regulatory matters is limited by statute to questions of public health and safety and commn defense and security; and that the Commission does not have authority in its regulatory procoadixgs to take othax considerations of social policy into account, no matter ho@ worthy theix purposely Xt was also pointed out that tho entixa Niaaara Efahawk project is privately financed and wg,ll receive no financial assistance from the Commission, As was indicated to Hr. Rachlin, the Commission is,'f cpurao, making every effort to comply scxupulously with both the spirit and letter of the 1964 Civil Rights Act in all proarams to which that act, applies Since thon another letter has boon received from Ih. Rachlin. Xn his latter of April 26, 1965, to tb: Hennessey,'th Rachlin again refers to a tentative "contract,", A copy of that letter is also enclosed.

Yho document to which Hr. Rachlin refers is a provisional cpnstruc-tion permit which has bean issued pursuant to Section 185 of, the Atomic Enorgr Act of 1954. Xt providao'uthority to Niagara khhawk to build a nuclear x'aactor. Xt is not a contxact. Xt is not sub)oct to Title VX of tho 1964 Civil Rights Act. No contract whatever has.

been awarded by the Comnission to Niagara Mohawk. The only contractual relationship between tha Commission and Niagara Hohawk which is presently anvisaped is an indemnity agxeoment under Section 170.c. of the Atomic Enaray Act. That indemnity agreement, which will bo

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