ML19199A611
| ML19199A611 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 08/03/1973 |
| From: | Olson D, Wilchins H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7905040361 | |
| Download: ML19199A611 (6) | |
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August-3, 1973 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION BEFORE 'THE ATOMIC' SAFETY AND LICENSING BOARD In the Matter of METROPOLITAN EDISON COMPANY, ET AL.
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Docket No. 50-320
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(Three Mile Island Nuclear Station,
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i Unit 2)
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AEC REGULATORY STAFF'S ANSWER TO AMENDED PETITION
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TO INTERVENE A.ND REQUEST FOR HEARING ON CONSTRUCTION OF THE i
JUNIATA TRANSMISSI0il LINE FILED BY CITIZENS FOR A j
SAFE ENVIRONMENT AND THE EMVIRONMENTAL C0ALITION ON NUCLEAR P0MER i
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On May 2,1973, Citizens' for a Safe Environment and the i
Environmental Coalition on Nuclear Power (hereinafter referred to as "the petitioners" or "the Coalition") filed a timely petition to intervene and requested a public hearing in the h
above captioned proceeding.
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On June 12, 1973, an Atomic Safety and Licensing Board (herein-after also referred to as the "AS'.B") was established, pursuant to a Commission Memorandum and Order dated June 8,1973, for the express purpose of ruling on petitions for leave to intervene.
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By Order dated July 11, 1973, the ASLB concluded that the h
petitioners did not make an adequate showing that a hearing was warranted but granted them leave to fiie an amended pleading by July 23, 1973. On July 19, 1973, the Coalition filed a timely amended petition to intervene.
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The regulatory staff believes that the identification s
of the petitioner, his interest in the proceeding, and the names and addresses of members of the Coalition living in reasonable proximity to the transmission line is sufficient to meet the interest requirementg of,
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The regulatory staff furtner believes that the amended petitio'n to intervene meets the requirement of the Decera: nation to Rescind Suspension of Construction Activities (38 F.R. 9105),that "such request shall set
.forth 'the matters... alleged to wa. rant a determiantion r
other than that made by the Director of Regulation and shall set forth the factual basis for the request."
As set forth in ' hat Determination, this factual basis should be based on the criteria set forth in 10 CFR, Part 50, Appendix D, Section E.2, woich relates to suspension of certain activities pending f1 EPA Environmental Revie1, to wit: whether the construction would give rise to an irreversible ensironmental impact, whether con-struction would foreclose subsequent adoption of
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alternatives and tne effect of a delay in cons.ruction, upon the power needs to be served by the facility along with the guide-lines enunciated in Coalition for Safe Naclear Power v. U. S.
Atomic Eneray Commission, sa3 F.2d 954 (1972) that these expenditures would not. influence any decisions regarding the plan' tased on the full NEPA review.
Contentions 1 ano 3, insofar as they assert that woodlots would be destroyed and cultivation would be a' versely affected appear d
to adequately challenge the conclusion that there would be no irreversible envirorizantal impact resulting from construction of the Juniata Transmission Line.
Contentien 2 expresses a general concern about the effect of construction of the lines ~ on the. cost / benefit analysis of Units 1 and 2.
It does not, however, relate this concern to a specific faccual context sufficient to meet the requirements of 10 CFR 52.714, nor does it allege that the expenditures for the transmission line would dire'ctly affect the final result of the cost / benefit analysis ~ in the NEPA review.
Contention 4 appears to be a form of legal argument.
It consists of a general plea to the 'effect that the Commission must review transmission tower siting because rh-Commonwealth of Pennsylvania does not perform this function and, lacking -
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v any factual basis, it should be rejected from consideration in t'his proceeding.
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Based upon the position set forth above concerning the sufficiency of the Coalition's interest in this proceeding and the sufficiency of contentions 1 and 3, the regulatory staff believes the petitioner should be admitted as a party and a hearing should be heid. We recommend the utilization of appropriate prehearing procedures to further refine the contentions prior to proceeding to hearing.
I Respectfully submitted, l
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i Howard M. Wilchins Douglas K. Olson Counsel for AEC Regulatory Staff i
l Dated at Bethesda, Marylard the 3rd day of August,1973.
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UNITED STATES OF AMERh ATOMIC ENERGY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDIS_ON COMPANY, ET AL. )
Docket No. 50 '.89
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(Three Mile Island Nuclear Station, Unit 1) )
CERTtFICATE OF SERVICE
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I hereby certify that copies of "AEC REGULATORY STAFF'S ANSWER 13 AMENDED PETITION TO IflTERVENE AND REQUEST FOR HEARING CN CON-STRUCTION OF THE JUi11ATA TRANSMISSION LINE FILED BY CITIZENS FOR A SAFE ENVIRONMENT AND THE Ei!VIRONi! ENTAL C0ALITION ON NUCLEAR POWER,"
in the above-captiened matter, have been served on the following by deposit in the United States mail, first class or air mail, this 3rd day of August, 1973.
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Charles H. Haskins, Esq.
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Lawrence Sager, Esq.
Atoraic Safety and Licensing Board 45 High Street ll Fottstown, Pennsylvania 19464 Windy Hill Farm s
I Bluemont, Virginia 22012
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Frank R. Clokey, Esq.
j Mcx D. Paglin, Esq.
Special Assistant Attorney Atomic Safdty and Licensing Board General U. d. Atomic Energy Commission Room 219 l
Washington, D.C.
20545 Towne House Apartments Harrisburg, Pennsylvania 17105 Mr. M. Stanley Livingston 1005 Calle Largo W. W. Andersor. Esq.
Sante Fe, New Mexico 87501 Theodore Adler, Esq.
Office of the Attorney Dr. John R. Lyman General Department of Environmental Department of Justice Sciences and Engineering 2nd Floor University of North Carolina Ola Museum Building Chtpel Hill, North Carolina 27514 Harrisburg, Pennsylvania 17120 Mr. Ralph S. Decker Herbert C. Goldstein, Esq.
Route 1, Box 190D 133 State Street Cambridge, Maryland 21613 Hat risburg, Pennsylvania 17101 George F. Trowbridge, Esq.
Miss Mary V. Southard Shaw, Pittman, Potts & Trowbridge Chairman, Citizens for a Safe Barr Building Environment 9'l0 - 17th S tree *., N. W.
P. O. Box 405 Washington, D.C.
20006 j}
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17108
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Mr. Douglas' Baker Atomic Safety and Licensing Environmental Coalition on Appeal Board Nuclear Power U. S. Atomic Energy Commission 1919 Sandy Hill Road Washington, D.C. 20545 Norristown, Pennsylvania,19401 Mr. Frank W. Karas Atomic Safety and Licensing Chief, Public Proceedings Staff Board Panel Office of tl.e Secretary of the U. S. Atomic Energy Commission Commission Washington, D.C.
20545 U.,S. Atomic Energy Commission Washington, D. C.
20545
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L Douglas K. Olson Counsel for AEC Regulatory Staff l
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