ML19210B283
| ML19210B283 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 02/20/1973 |
| From: | Bender P US ATOMIC ENERGY COMMISSION (AEC) |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 7911060523 | |
| Download: ML19210B283 (4) | |
Text
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9 00:.e El f;U..~5) i thDD 5 UIll. EAC-UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION p
Consni s s ione rs :
000 120 Dixy Lee Ray, Chairman b
James T. Ramey P
FEB211973 '
_g Clarence E. Larson g
WIIIiam 0. Doub py,e i, a m, m:, n. cnt O
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iG in the Matter of
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METROPOL1 TAN EDISON COMPANY, ET AL.
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Docket No. 50-289
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(Three-Mile Island Nuclear Station,
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Unit 1)
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MEMORANDUM AND ORDER On July 7,1972, a " Notice of Consideration of issuance of Facility Operating License and Notice of Opportunity for Hearing" in the above matter appeared in the Federal Register (37 F.R.
13360).
The nctice advised, inter alia, that "any person whose interest may be affected by this proceeding may file a petition for leave to intervene (1) with respect to whether, considering those matters covered oy Appendix D to 10 CFR Part 50, the provisional construction permit should be continued, modi fled, terminated, or appropriately conditioned to protect environ-mental values; and (2) with respect to the issuance of a facility operating license."
Thereaf ter a joint petition to Intervene was filed by petitioners, Citizens for a Safe Environment and Environmental Coalition on Nuclear Power (here inaf ter, " peti t ioners").1/ The State of Pennsylvania also
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At subsequent dates, petitioners also filed an " Addendum to Petition for intervention" and two affidavits supplement ng their petition to i
in te rvene.
1585 141 7911060 C 3
2 filed for leave to intervene as a State pursuant to 10 CFR 5 2.715(c).
Answers were filed by applicant and the AEC regulatory staff.
The staff supported participation in this proceeding by petitioners, provided that they be required to identify properly affected individual members authoriz-ing the petitioner groups to represent those Individuals' interests, and by the State of Pennsylvania.
Applicant supported Pennsylvania's parti-cipation, but opposed that of petitioners, primarily on the ground of inadequate specification of interest in the proceeding.
We have decided that petitioners' filings generally satisfy the re-quirements of the Commission's regulations concerning intervention in effect at the time intervention was sought. -
Accordingly, a hearing shall be held, and petitio.4ers are admitted jointly as a party thereto. The State of Pennsylvania shall also participate pursuant to 10 CFR 5 2.715(c).
A notice implementing this decision is appended to this Memorandum and Order as A*ttachment A.
By admitting petitioners as a party, we do not necessarily approve any of their contentions.
The Licensing Board, exercising its discretion, 2_/ While thus noting that we judge the instant petition according to the rules in ef fect prior to our restructuring of 10 CFR Part 2, ef fective August 28, 1972, we further note that the ensuing hearing conducted by the Atomic Safety and Licensing Board will proceed under our re-structu.ed rules of practice.
Further identification of petitioners is unnecessary now, in view of the submission of names of Individual authorizing members of both petitioning groups, living proximately to the instant facility, in the groups' later filings.
Any require-ment for further identification of petitioners prior to hearing is left to the discretion of the Licensing Board.
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wiIl hold one or rnore prehearing conferences through which it will refine or reshape the contentions which it determines warrant considera-tion in the hearing.
Pe t i t ione rs ' filing entitled " Financial and Technical Assistance",
whether considered as a mere request or as a formal motion, is hereby denied.
The Commission has neither statutory nor regulatory authority which would authorize the grant of assistance which the petitioners seek.
It is so ORDERED.
By the Commission.
ea x -
2:_
Paul C. Bender Secretary of the Commission Dated at Germantown, Maryland, this 20th day of February 1973 1585 143
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UNITED STATES OF AFERICA ATOMIC ENERGY COMMISSION in the Matter of
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METROPOLITAN EDISON COMPANY, ET AL
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Docket Nos. 50-289
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(Three-Mile Island Nucicar Station, )
I' nit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of MEMORANDUM AND ORDER and NOTICE OF HEARING ON A FACILITY OPERATI::G LICENSE dated February 20, 1973 in the captioned matter have been served on the following by deposit in the United States mail, first class or air mail, this 21st day of February 1973:
Jay E. Silberg, Esq.
Douglas Baker, Esq.
Shaw, Pittman, Potts & Trowbridge Environmental Coalition on 910 17th Street, N. W.
Nuclear Power Washington, D. C.
20006 1919 Sandy Hill Road Norristown, Pennaylvania 19401 Joseph Gallo, Esq.
Regulatory Staff Counsel Miss Mary V. Southard, Chairman U. S. Atomic Energy Commission Citizens for a Safe Environment Washington, D. C.
20545 P. O. Box 405 Harrisburg, Pennsylvania 17108 Ilonorable Frank R. Clokey Spec Lal Assistant Attorney General Dr. Chauncey Kepford Commonwealth of Pennsylvania 675 C Colony Drive Department of Environmental York, Pennsylvania 17404 Resources 219 Towne llouse Mr. Thomas M. Cerusky, Director Harrisburg, Pennsylvania 17105 Office of Radiological Health Pennsylvania Department of Health lierbert C. Goldstein, Esq.
P. O.
Box 90 133 State Street Harrisburg, Pennsylvania 17120 Harrisburg, Pennsylvania 17101 Lawrence Sager Esq.
Sager & Sager Assoicates 45 High Street Pottstown, Pennsylvania 19464
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Of fice af the Secretary ot the Commission
} }(k ec: ASLBP Mr. Gallo E. Goulbourne
Reg. Files