ML19206A774
| ML19206A774 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/20/1976 |
| From: | Trowbridge C SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | |
| References | |
| NUDOCS 7904210201 | |
| Download: ML19206A774 (5) | |
Text
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September 20, 1976 i
UNITED STATES OF AMERICA NUCLEAR REGULATORY CO.'OIISSION Before the Atomic Safety and Licencina Board In the Matter of
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METROPCLITAN EDISON COMPANY,
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JERSEY CENTRAL PCWER & LIGHT COMP.23Y,)
and
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Docket No. 50-320 PENUSYLVANIA ELECTRIC COMPANY
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.1 (Three Mile Island Nuclear Station,
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Unit 2)
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APPLICANTS' SUPPLE". ENTAL RESPONSE TO PETITION FOR INTERVENTION On September 9, 1976, Applicants f'.ad with this Board a response to Petition for.ntervention on behalf of the Environmental Coalition on Nuclear Power (" Coalition").
Applicants opposed the Petition as a late petition to inter-vene with no showing of good cause and requested that the Board eithe_- deny the Petition or require the Coalition to submit a showing of good cause for late intervention.
On the same day that Applicants filed their response to the Petition, the Appeal Board issued an order in Union Electric Co. (Callaway Plant, Units 1 and 2), ALA3-346 (September 9, 1976).
In that proceedi:ig the Appeal Board indicated that the applicant had the burden with respect to fuel cycle issues to make a showing considering the factors forth in the Commission's General Statement of Policy set dated August 13, 1976, eve.. though the intervenor seeking sus-7 9 04 210 2cl GP 2CS
pension had made no threshold showing.
A motien to reconsider this portion of ALAB-346 is pending.
The Callaway situation is differcat from the instant case.
There, a motion for suspension was filed based on the Court of Appeals decision in NRDC v.
NRC by an intervenor who had raised the issue of fuel cycle impacts before the Licensing Board and who already had pending before the Appeal Board at the time of the decision an cxception which challenged the Commission's handling of fuel cycle issues.
Here, of course, we are dealing with a petition by a new intervenor not yet admitted to the proceeding and who bases its request for suspen-sion largely, if not entirely, on contentions unrelated to fuel cycle environmental impacts.
Nonetheless, because of uncertainties created by the Appeal Board's order in Callaway, we enclose with this supple-mental response an affidavit by William A. Verrochi containing an affirmative showing why, in light of the criteria listed in the General Statement of Policy, construction of Three Mile Island Nuclear Station, Uni No.
2, should not be suspended.
The General Statement also identified as pertinent considerations general public policy concerns, tne need for the project, the extent of the NFPA violation, and the time-liness of objections.
General public policy concerns and the need for the project are discussed in Mr. Verrochi's affidavit in terms of the cost penalties which a suspension would impose on Applicants and their customers.
As for the 60-2C9
extent of the NEPA violation, it must be noted that NRDC does not charge the Commiss.on with violating NEPA, but rather with failing to compile a record adegr-te to support the fuel cycle rule.
Thus, the Court "does not dispute these conclu-sions" that the resources consumed in waste storage are mini-mal, that no radioactivity would be released under normal con-diticas, that a serious acciden: is incredible and that the overall environmental effects from the disposal of high level nuclear wastes are negligible.
NRDC, slip op. at 34.
- Rather, the Court finds that these conclusions had inadequate support in the record.
In any event, Applicants have been guilty only of following Commission guidance and regulations in their contribution to the NEPA review.
The final factor, the timeli-ness of objections, clearly goes against the Coalit (.n.
Instead of entering the fray when the opportunity to intervene.n the TMI No. 2 operating license and Appendix D proceedings were presented (as did the intervenors in the \\ arment Yankee and Callaway proceedings), the Coalition r.s v ts opportunistically to capitalize on the procedural flow found by the Court of Appeals to exist in the Commission's rule-making proceeding on fuel cycle impacts.
Respectfully submitted, AlL'
\\ A4WS / /
/
eorge F.
Trotorldge j/
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U:JITED STATES OF AMERICA 11CCLEAR REGULATORY COMMISSION Bcfore the Atomic Safety and Licensing Board In the Matter of
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METROPOLITAN EDISOI COMPA::Y,
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JERSEY CENTRAL POhT.R & LIGHT CCMPANY, )
and i
Docket No. 50-320 PE ;1TSYLVA: IIA ELI.CTRIC COMPA'IY
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(Three Mile Island Nuclear Station,
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Unit 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing
" Applicants' Response to Petition for Intervention" have been served upon ecch of the persons listed on the at; ached service list by mailing a copy, postage prepaid, on this 20th day of September, 1976.
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'G drge u.
Trowbridge
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Dated:
September 20, 1976 n9l.
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1111ll UNITED STATES OF AMERICA NUCLEAR REGULATORY COS'J1ISSION
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Before the Atcmic Safety and Licensinc Ecard In the Matter of
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METROPOLITAN EDISCN COMPANY, )
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Docket No. 50-320
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(Three Mile Island Nuclear
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Station, Unit 2)
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SERVICE LIST Edward Luton, Esq., Chairman Henry J.
McCurren, Esq.
Atomic Safety and Licensing Scard Office of the Executive Legal U.S.
Nuclear Regulatory Commission Director Wcshington, D.C.
20555 U.S.
Nuclear Regulatory Ccamission Washington, D.C.
20555 Mr. Gustave A.
Linenberger Atomic Safety and Licensing Ecard gF*g U.S.
Nuclear Regulatory Ccmmission Karin
- ,7.
Carter, Assistant Attorney
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Washington, D.C.
20555 General Office of Environment Dr. Ernest O.
Salo Department of Environmental Resourcc Profescor, Fisheries Research 709 Health and Welfare Buildinc.
Institute, WE-10 Harrisburg, PA 17120 University of Washington Seattle, WA 98195 Atomic Safety and Licensing Board Panel Mr. Chauncey R.
Kepford U.S.
Nuclear Regulatory Commission 2586 Broad Street Washington, D.C.
20555 Ycrk, PA 17404 Atomic Safety and Licensing Appeal Judith H.
Johnsrud Eoard 433 Orlando Avenue U.S. Nuclear Regulacory Cc= mission State College, PA 16801 Wa shing to n.-
D.C.
20555 Docketing and Service Section Office of the Secretary U.S.
Nuclear Regula: cry Ccmmission Washington, D.C.
20555
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