ML19206A994
| ML19206A994 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/31/1972 |
| From: | Muntzing L US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Johnson, Ramey, Schlesinger J US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 7904210692 | |
| Download: ML19206A994 (5) | |
Text
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Cocaissioner Doub STA13 ASD Lj?Z'DI3C ACTICli C5 APPLICrIO;!3 RIQUIR.I"G SHCV CM3E AC"ICN i
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The "shcw cause" datarnNeions inausd in Kaver.aer 1971 have resulted in responsaa being recalved frca liccusees and intarvenors on 9 of the i
i aster. inations.
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The regulstory staf f has rarieved the tachnical infor=stion r:ceived from licensaas in the ti=a avnt12hla and conclusicas for actia: by tha l
t' e 4=sien have been developed. Legal counsel for the regulatory staff I
has revieusd enose responses reqtzering hearings or intsrvention and
'I das prepared replies for the Director of Ra;ulation or for=al filings 5
for emnideratico by the Co: mission. The status and the ispendlag action on each of the snow cause cases for which responses were received are a - rized below:
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g Diablo Canton 1 & 2
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Scanic Shorelinas, a conservation organization. has subnitted a request for a hearing regarding certain construction activities at the Diablo l
Canyca Plant pencing completicu of the NZPA review. Cesaral issues i
that have been raised include:
(1) tne availability of alternate sources of povar (geothernal), (2) the potential ax age to che environ-
- aent of construction of transsiaaicu lines, (3) that continued construc-tion is forecicaing otar cooling alternatives and (4) seisnic design.
In a formal answer to this request filac witn the Coe=iasien. tha regulatory staf f nas proposed that a acaring be hold on Ice:s (1), (2) mad (3) but that no hearing be neld on Iten (4).
In our Deterninstian anc Order To Show Cause of Moverter 29, 19 71. 're concluded that clearing of tue ri,;ht-cf-way anc cons tructing tae seccc:
otablo-iicuay transnission 11ac caould be suspended.
Pacific Cas and d octric Ce.
af has net res ponded to our Order To Shcv Cause.
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Co_._isaicners.
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l Accordingly, va have prepared an order to suspend clearing of the ri;;ht-of-way and constructing the sacond Diablo-Midway transnission line.
(See i
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Enclosure A).
HurrM ncon IslanA i
Florida Pcver and Light Cenpany's statanent submitted in respcuse to l
our sucu causa detarninatica reads as folleus:
"It is requestad that no hearing be scheduled in this mattsr until further a:ctico by the licensen at such tine as it may become clear that the NEPA review vill be completad in time to prevent dalays in work m the trana=1ssion lines."
The schadale for completing tha HIPA review is somewhat uncartain, but it is estimated that it will net be complace until Septesbar or October, 1
1972.
I We h. ave preparad an order to suspend construction of the tr'nc=d esica linn.
(See Enclosura 3).
North Anna 1 & 2 The respenso and state:mant containing additional technical information ceived fron Virginia Electric Power Cc=pany did not request a public hearing. Thase docu:mmnts wars not filed under cath or af firmation.
l The DRL Project f andar, 5 reviewing the technical infor=ation submittad with the letter has notes that right-of-way clearing for one of the transmission lina (North Anna to Ladysmith) had, in fact, begun before November 29, 1971 and is new 5.t ecaplete. We had no previous knculedge i
t that tm.is wort was underway. VEPCD has voluntarily swpended further i
clearing for this line only until the Coci:xission has revieuad their response of Dece=ber 27, 1971.
On all other transmission lines, VEPCO has agreed to restrict their activities to planning and rignt-of-way acquisition until the end of the 3 acnth NEPA period.
6 3ased cu cur prelininary review of tse infor=ation submitted, we find l
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no bases for altering our original deter =ination and nave preparec an i
order to suspend constructica of the transmission lines.
(Du i
Enclosure C).
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Co issioners i d
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Three Mile Island 1 & 2 A reply and stata =nt centaining additional inforestion and data was subnitted by Metropolitan Edison Cocpany on iccember 28, 1971 in respcm'a to our sacv cause deter =inatica. 2io request for a haaring was n.te; ' vever, the co=pany requested the Commission withdraw its determinat. 1 to scopend construction of off-site transmission lines.
in the cover latter transmitting their statement, the applicant stated that "Both the ansvar and statement provide information which we (Nt Ed) had not previously brought to your (AEC) attention and which corrects factual misundcratandings which we (Est Zd) had alleved to exis t. "
"sie now find that clearing of the right-of-way for the o7.3 l
mile Bechtalsv111e transnission lines was co@ lated oc Ilovember 26, 1971. TcVer erection has been started, but is not complete. Claaring of the 7.16 Juniata line has not yet been started, but is seneduled to begin March 31, 1972.
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. ort on these transmission lines is proceeding in accordance with the I
guidelinas issued by the Departments of Incarior and Agriculture entitled "Envirenzantal Criteria for Electric. Transmission Systaus."
l The inpact on the environ, ant of constructing the Bechtalsv111e trans-mission line has already occurred. However, we find no basis in tne additicnal information submitted, for alter 62g our daterMnatice regarding construction of the Juniata line. Therefore, we have pre-pared an ordar suspending constrisction of this transadssica line.
(See Enclosure D),
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Troj an I
A request for interventico was received from a party to the construc-a tion pernit hearing.
In a formal ant?ver to tais request filed with the Commissien, the regulatory staff has taken the position that the request does not state a suf ficient basis for holdin:; tne hearing.
Mcvever, the staff indicated in its anniver that it would have no objection to allcving the petitioners additional cine to clarify the basis for eneir request.
InM nn P. int 3 A request for a nearing was receised fron Marf Hays
- eik.
In a formal answer to tais request, filed with the Co:nission, the regula-tory staf f has taxan the position enat the reqtast snould ' e rej ected c
a Cae grouna enat it coes not state a sufficient saais for a hearint.
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Cennisaicners 1 i,
Matieello A request was sada by the Attorney General for the State of Minnesota for an extension of time for requesting a public hearing. In a for=al answer to this request filed with the Cot =aission, the regulatory staf f l
has indicated that it veuld have no objection to an order allowing l
Menticallo an additiccal thirty days within stich to file a request for a hearing.
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In addition, an environmental or;;anisatica, MECCA, has filed a request i
for a public hearing. Tha applicant and the regulatory staff have filed lettera with ene Secretary of the Ce ion requesting that the latest s
data for the filing of ansvers to the MECCA request be extended
- 11 15 days af ter the latest date for the filing of the request by the Stars of Minnesota.
We have four.d that a potential exists for three public hearings on
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Malticello. They include:
(1) a hearing on our datar=inatica not to suspend operations, (2) a hearing on issues coversd by Appendix D to CT1 Part 50, and (3) a hearing on issuance of a full-tarn 11canse.
We had hoped that a single hearing could be designed to achieve the objectivas of the three potential hearings mentioned above. Efforts to develop the basis for agreement a=ong the interested parties for the singla haaring were unsuecassful because MECCA would not agree to withdrov or dafer its request for a hearing cn the suspenaica nattar.
Nonetheless, the staf f has agreed to use its best ef forts to coc:plete l
the Monticello draf t environmental staterent by the first week of l
May 1972 and to provide an opportunity for a hearing at that time.
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The State of Minnesota has indicated tnat it will defer any reques t for a hearing on the suspension r.atter in view of the accelerated schedule to vnich the staf f has agreed.
Davis-Besae The Coaliticx2 for Safe Nuclear Pcuer, a party to the construction per=it hearing, requested by chair letter to the Director of Rerf21stion dated Eece:i,er 8, 1971, that tne Deter =1 nation and Findings in this case ce submitted to the United States Court of Appeals, Washington, E. C.
No req uest for a hearing was made.63-334
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1 Cc==issiccers 5-t OCC advisad tha Coalitics by letter dated Janusry 3,1972 that they c=uld req nst an exte.csion of time for filing a request for a hearing I
provided good cause could be shevu.
3runswici 1 & 2 I
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Carolina Pouer and Light Coc:pany filad an answer to the Order To Show Cause and a armteant containing supplancatal information on Dece=ber 16, 197L I
The Cenpany requested th:t the Director cf Regulation withdrav i
l or modify his datar=in= tion to suspend certain ccustruction activities 3
at the Br.mur. rick Plant and issue instaad a deteruinatien not to suspend.
They furthar stated that in the event their request vr.s deniad, CP&L i
demands a hea. ring to datar=ina whe. tact i
construction activities involving
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the off-sits trmneinsien lina and off-sits portions of the discharge i
r canal should be suspeMad pending completion of those portions of the Z:PA review.
ile have concluded that the Coc:pany's ansver to our Order To Show Cause doca act provida a basis for altering our Novencer 13, 1971 Deter =ination to suspend construction activities on the off-eita portions of the dis-i char;;n canal and on the transmission lines. We have prepared an Order designating the time and placa for the hearing daernded by the Cc=pany.
(See Enr1aaure E).
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(sirr.eO L M. Munt:ing l
L. Manning Munt:ing l
l Director of Regulation
Enclosures:
A.
Order - Diablo Canyon Dis t ribu tic: :
3.
Order - Hutchi aon Island Docket F. Schreader C.
Order - North Anna DR Reading R. S. Scyd D.
Order - Three Mile Islano CRL Reading R.
C.
DeYoung E.
Order - Brunevick
%"d-1 File C.
Er ter L. M. Munt: ng GCC cc: Secreta:f (2)
S. H. Hanauer 4.
3utler General Counsel (2)
C. L. denderse-D. inuch Canaral Manager (2)
P. A. Marris S. Kari E. G. Case J. Cock ii v.g,,. - - :- r
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