ML19208D347
| ML19208D347 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 09/05/1979 |
| From: | Slavin A MISSOURI, STATE OF |
| To: | |
| Shared Package | |
| ML19208D328 | List: |
| References | |
| NUDOCS 7909280270 | |
| Download: ML19208D347 (6) | |
Text
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In the !1atter of
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UNION ELECTRIC CE1PANY, e_t_ al.)
Docket No.
(Callaway Plant, Unit 2)
)
l5 TO:
Harold R.
Denton, Director Office of Nuclear Reactor Regulation
'dilliam L.
Dircks, Director Office of Nuclear Material Safety and Safeguards Victor Stello, Director Office of Inspection and Enforcement REQUEST FOR INSTITUTION OF PROCEEDINGS PURSUANT TO 10 CPR $2.207 TO SUSPEliD CONSTRUCTION PERMIT AS PROVIDED FOR I] 10 CFR 52.206 Comes now the Public Service Commission of the State of
!!issouri by and throuF;is its attorney, and respectfully submits this request pursuant to 10 CFR ~2.206 that the Nuclear Regu-latory Comniscion acting by and through its relevant officials includin,~ but not limited to the Director of Nuclear Reactor Regulation, the Director of Nuclear Material Safety and Safe-guards, and Director of Inspection and Enforcement institute a proceeding to issue a show cause order pursuant to 10 CFR
$2.202, to suspend Construction Permit CPPR-140 granted to the permittee Union Electric Company on April 16, 1976, for Callaway, Unit 2.
t 2.
All process, documents, motions, and other papers can be served on the Public Service Commission by addressing sane to:
790928 07$70 1044 166
Paul N.
Phillips, General Counsel or Treva J.
Hearne, Assistant General Counsel Public Service Commission P.
O. Box 360 Jefferson City, Missouri 65102. :
3 The Missouri Public Service Commission, hereinafter referred to as the PSC, is empowered to regulate investor-owned public utilities that serve customers in the State of Missouri.
See Sections 386.040, 386.250, and 393.140, RSMo. 1978.*
4.
Union.-:lectric Company, a Missouri corporation, hereinaf ter referred to as the Conpany, is an operating utility engageu principally in the business of furnishing electric service throughout central and eastern Missouri, and thus, is subject to the jurisdiction of the PSC.
5 The facts that constitute the basis of this request are sufficient ground for the action proposed by this motion and are as follows:
3.
Before the Company could begin construction of the Collaway electric plant, it was required by Missouri law to make appli-cation to the PSC for a certificate of public convenience and necessity.
See Section 393 170.
Pursuant to this apnli-
"All references are to the Revised Statuses of Missouri 1978 except as otherwise indicated.
Pg;e 2 of 7 1044 167
cation, extensive hearings were conducted by the Corm'ssion in 1974 which reculted in the cranting of -the certificate in 1975.
b.
The PSC retains jurisdiction over the construction of this generation facility by virtue of its statutory authority to grant a certificate of public convenience and necessity and its authority to set rates.
5,e_e, S e c c i o n s 3a2.130 and 393 170.
The Conmission acting within its jurisdictional authority has upon its own notion ordered an investigation and set hearings in this matter which could result in the withdrawal of the certificate.
- c. On August 13, 1979, certain facts came to the attention of the PSC which may substantially chanr,e the basis upo: which, in 1975, the P3C ha'l granted the certificate of public conve-nience and necessity for construction of Unit 2.
The Connission acting within its jurisdictional authority could withdraw the certificate upon a finding that Unit 2 is not needed to maintain the Company's electric plant for safe and adequate service at reasonable rates.
See Section 393.130.
d.
A preliminary report filed with the PSC in conpliance with its Report and Order in Case Mo. ER-77-154 reveals that the peak demand forecast of the Comnany nay be in serious s
error as indicated by the PSC Staff's prelininary findinC3 Pape 3 of 7 1044 168
and by the Company's consistent downuard revisions of its own projected period of forecasted peak since 1973 e.
On August 14, 1979, the PSC upon its own motion ordered an investigation of the generation expansion program of the Company.
The hearings in this matter were set as early as possible and are to begin April 7, 1980, and continue through April 18, 1980.
The PSC will render a determination of whether or not to proceed in the matter of certificate of public con-venience anu necessity granted to Callaway, Unit 2, with deliberate speed in order to expedite this matter.
The sta-tutes establishing the PSC require a full and open hearing at which evidence is presented by all interested parties and have an opportunity to be heard.
See Sections 386.410 and 386.420.
A full and complete record of all proceedings will be made and the decision of the Commission will be made upon the whole record in accordance with the rules of administrative procedure contained in the PSC statutes.
See Sections 386.410, 386.420, 386.460 and 386.470.
6.
The Nuclear Regulatory Commission is statutorily oblicated to consider the environmental effects of need for power under the provisions of the National Env in;;cntal Policy Act, 42 USC S4321, et. seq., and a
.t cifically, the rules of the Nuclear Regulatory Co...
ission.
See 10 CFR 551, et.
Page 4 of 7 1044 169
seq..
inis obligation is restated in the Construction Permit granted Callaway, Unit 2, No. CPPR-140 by the Nuclear Regulatory Commission, hereinafter refepred"to as NRC, stating that the NRC had found the operation of the facility to be in accordance with 10 CPR Part 51.
7-Peak demand has been growing at a reduced rate nationally since the Arab 011 Embargo of 1973 The PSC recognizes this trend and would be derelict in its statutory drty to approve a generation expansion progran that did not reanalyze the need for Callaway, Unit 2, in light of these recently dis-covered facts.
Likewise, the NRC would be derelict in its statutory obligation if it did not suspend this construction while the facts upon which the agencies granted both the certificate and permit four years ago are reassessed in light of this change.
6.
The construction of Callaway, Unit 2 is only 2.75 complete and the resources of the Company are substantially consumed in the present construction of Callaway, Unit 1; therefore, the requested suspension will not act to the detriment of the Company.
Pap 2 5 of 7 DL i 110
9 Finally, the PSC has not filed this motion with the intent to unnecessarily hinder or delay the proceedings before the
!!RC in this matter, but rather to insure that construction of Callaway, Unit 2 is in the best interest of the rate-payers of ?lissouri whom the PSC is statutorily obliged to protect.
Whe re fore, the undersigned pray that you institute a pro-ceeding pursuant to 10 CFR 92.202 to suspend the construction permit granted to Union Electric for construction of Callaway, Unit 2.
MISSOURI PUBLIC SERVICE CO:t'1ISSIO!!
E hk Alberta C.
Slavin, Chairman n
y1V /3bM'$
D chgsc/
Leah Brock McCartney, Connirjsioner CP
[2s J.
F s, Jr.,-- ----rammissioner (S E A L)
AY Lai if rl. Dokity,Morinig/fioner s
Y
.b 8E(.h':
V /c[A'Y Stephanie A. Bryant7 Commissioner __
Page 6 of 7 1044 171 A
AFFIDAVIT I hereby swear that I have signed.the foregoing document in a representative capacity as attorney for the Missouri Public Service Commission, with full authority in that capacity; that I have read said document and am familiar with its contents; and, that to the best of my knowledge, information and belief the statements made in it are true.
x Treva J (/ Hearne Assistant General Counsel Subscribed and sworn before me this J/J8Lday of August, 1979.
de
%~~[dd l
flotdry Public
-.p KNAD PutLIC 5TATI of M1150Uri My Commisalon expires ermimismen Included with this package were a Prospectus from the Union Electric Company dtd May 16, 1979, a Report to the Callaway Project Task Force on Preliminary Union Electric Company Peak Demand Projection, and Case No. 18, 117 before the Public Service Commission of the State of Missouri.
?nse 7 m:=s eW 1044 172
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