ML19206A954
| ML19206A954 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/02/1973 |
| From: | Muntzing L US ATOMIC ENERGY COMMISSION (AEC) |
| To: | |
| Shared Package | |
| ML19206A946 | List: |
| References | |
| NUDOCS 7904210653 | |
| Download: ML19206A954 (6) | |
Text
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A UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of METROPOLITAN EDISON COMPANY,
)
JERSEY CENTRAL POWER AND
)
LIGHT COMPANY, AND
)
Docke^ Nos. 50-289 PENNSYLVANIA ELECTRIC C0.
)
and 50-320 (Three Mile Island Nuclear Generating Station, Units 1 )
and 2)
)
DETERMINATION TO RESCIND SUSPENSION OF CERTAIN CONSTRUCTION ACTIVITIES AT THE THREE MILE ISLAND NUCLEAR GENERATING STATION AUTHORIZED PURSUANT TO CPPR-40 AND CPPR-66 PENDING COMPLETION OF NEPA ENVIRONMENTAL REVIEW Metropolitan Edison Company and Jersey Central Power and Light Company and Pennsylvania Electric Company (the licensees) are the holders of Construction Permits Nos. CPPR-40 and CPPR-66 (the construction pe rmi ts ),
issued by the Atomic Energy Commission on May 18, 1968 and November 4, 1969, respectively.
The con-struction permits authorize the licensees to construct two pressurized water nuclear power reactors, designated as the Three Mile Island Nuclear Generating Station, Units 1 and 2, at a site in Dauphin County, Pennsylvania.
These reactors are designed for initial operation at approximately 2535 and 2772 megawatts (thernal), respe.tively.
In accordance with Sectica E.3 of the Commission's re gul a ti on s implementing the Nationa' Environmental Policy Act of 1969 (NEPA),
Appendix D of 10 CFR Part 50, the licensees filed with tne (i ;] - ?. t.:o
(
790421066lb
2 Commission a written statement of reasons, with a supporting factual submission, why the construction permits should not be suspended, in whole or in cart, pending completion of the NEPA environmental review.
The Director of Regulation considered the licensees' submission in light of the criteria set out in Section E.2 of Appendix D, and, initially determined, after considering and balancing the criteria in Section E.2 of A ppendix D, that activities involving off-site right-of-way cleari1g and construction of transmitsion lines for the Three Mile Island Nuclear Generating Station, Unit 2 should be suspended pending completion of the NEPA review of the environmental impact of these activities (36 F.R.
23264, December 7, 1971).
On November 29, 1971, the Di rector of Regulation issued an Order to Show Cause why these construction activities should not be so suspended.
On December 28, 1971, the licensees filed a timely answer recuesting modification of the Order so as to permit continued construction to completion of the of f-site portions of the transmission line.s associated with the Three Mile Island Nuclear Generating Station, Unit 2.
Upon consideration of the licensees' answer to the order to show cause, it was determined that the Director of Regulation's determination should be modified so as to provide for the suspension of construction activities involving the off-site portion of only the Juniata transmission line for the Three Mile Island Nuclear Generating Station, Unit 2, canding comcletion of UQ ?lS he
3 the NEPA environmental review relating to these matters.
On Feb ruary 7, 1972, the Director of Regulation served on the licensees an order suspending such construction activities.
The basis for this action is given in " Supplement to Discussion and Findings by the Division of Reactor Licensing, U.S.
Atomit Energy Commission, Relating to Consideration of Suspension Pending NEPA Environmental Review of the Provisional Cons tructi on Permits for the Three Mile Island Nuclear Generating Station, Units 1 and 2, ':etropolitan Edison Company, Jersey Central Power and Light Company and Pennsylvania Electric Company, AEC Docket Nos. 50-289 and 50-320" dated February 4, 1972.
The Director of Regulation has reconsidered that determination in light of information developed by the AEC regulatory staff's environmer tal review and has now determined, after considering and balancing the factors in Section E.2 of Appendix D, along with the factor dealt with by the U.S.
Court of Appeals for the District of Columbia Circuit in Coalition For S<fe Nuclear Power v.
1972),l/ that activities involving of f-site right-of-way clearing and construction of the off-site portion of the Juniata transmission line should no longer be suspended pending completion of the full NEPA en vi ronmen ta l review.
Accordingly, the Director of Regulation 1/ This factor concerns the degree to which additional irretrievable commitments of financial researces, associated with the reques ted activities during the NEPA e t-v i e w period, might affect the decision based upon the full NEPA review.
GO 239
4 has served upon the licensees an Order rescinding the suspension which will become effective 30 days following publication of this determination in the Foderal Register.
Further details of this determination are set forth in documents enti tled " Final Environmental Sta tement Relatfad to Operation i
of Three Mile Island Nuclear Station, Un i ts i and 2" dated December, 1972 and " Amended Discussion and Findings by the Directorate of Licensing, U.S. Atomic Energy Commission, Related to Consideration of Suspension Pending NEPA Environmental Review of the Provisional Construction Pe'mits for the Three Mile
~'
nd Nuclear Generation Station, Jnits 1 and 2" dated Decemoer 9, 1972.
Pending completion of the full NEPA review, the holders of' Construction Permits Nos. CPPR-40 and CPPR-66 p*oceed with construction at thei r own ri sk.
The determination herein, the Final Environmental Statement and the discussion and findings hereirabove referred to, do not preclude the Commission, upon completion of its NEPA environmental review, from cantinuing, modifying or terminating the construction permits or from appropriately conditioning the permits to protect environmental values.
Any person whose interest may be affected by this proceeding, o the r than the licensees, may file a request for a hearing wi thin thi rty (30) days after publication of this determination 55 I[,' Y; O
5 in the, Federal Reaister.
Such request shall set forth the matters, with regard to the factors referenced hereinabove, alleged to warrant a determination other than that made by the Director of Regulation and shall set forth the factual basis for the request.
If the Commission determines that the matters stated in such request warrant a hearing, a notice of hearing will be publis*ed in the Federal Reaister.
If a request for a hearing is filed within the time specified, the effectiveness of the order partially rescinding the suspension will be stayed pending appropriate disposition of such request.
The licensees' statement of reasons, furnisnec pursuant to Section E.3 of Appendix D, as to why the construction permit should not be suspended pending completion of the NEPA environ-mental review, the document entitled " Discuss ion and Findings by the Division of Reactor Licensing, U.S.
Atomic Energy Commission Relating to Consideration of Suspension Pending NEPA Environmental Review of the Provisional Construction Permits for the Three Mile Island Nuclear Generating Station.
Units 1 and 2 Docket Nos. 50-289 and 50-320", the licensees' response to the show cause order of November 29, 1971 entitled
" Answer to Order to Show Cause and Supporting Statement of Facts Relating to Transmission Lines for Three Mile Island Nuclear Generating Station, Unit 2" dated December 28, 1971, tne document entitlad " Supplement to Discussion and Findings by the Division of Reactor Licensing, U.S.
Atomic Energy Commission Relating to the Suspension Pending NEPA Environmental G1 241
6 review of the Provisional Cons truction Permi ts for the'Three Mile Island Nuclear Generating Station, Units 1 and 2, Docket Nos. 50-289 and 50-320" da ted Feb rua ry 4, 1972, the document entitled " Final Environmental Statement Related to the Operation of Three Mile Island Nuclear Station, Units 1 and 2" dated December, 1972 and the document entitled " Amended Discussion and Findings by the Directorate of Licensing, U.S. Atomic Energy Commission, Related to Consideration of Suspension Pending NEPA Environmental Review of the Provisional Construction Permits for the Three Mile Island Nuclear Generating Station, Units 1 and 2" dated December 9, 1972, as well as the determination, orders and answer referred to above are available for public inspection at the Commission's Publ-ic Document Room, 1717 H Street, N.W.,
Washington, D.C.,
and at the State Library of Penr.sylvania Government Publication Section, Education Building, Harrisburg, Pennsylvania.
Copies of these documents may be obtained upon request addressed to the United States Atomic Energy Commission, Washington, D.C. 20545, Attention:
Deputy Director for Reactor Projects, Directorate of Licensing.
FOR THE ATOMIC ENERGY COMMISSION Director o'f Regu g onT Dated at Sethesda, Maryland this 2nd day of April,1973 00 ~,?:Q