ML19220C129
| ML19220C129 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 08/13/1973 |
| From: | Haskins C Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7904280278 | |
| Download: ML19220C129 (8) | |
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i I-UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION h
ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket No. 50-320 METROPOLITAN EDISON COMPANY, ET AL.
l (Three Mile Island Nuclear Station,)
Unit 2)
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i ORDER (August 13, 1973)
Before this Board for determination is a request for hearing dated May 2,1973, filed by Citicens for a Safe. Environment and the Environmental Coalition on Nuclear Power (hereinaf ter " Petitioners")1/
The hearing would encompass, with respect to Three Mile Island Nuclear l
Station, Unit 2, the single issue as to whether activities involving off-site right-of-way clearing and construction of the'off-site portion of the Juniata transmission line i
a 1/ The request for hearing was filed pursuant to a Commission notice entitled " Determination to Rescind Suspension of Certain Construction Activities, etc."
at the Three Mile Island Station, Unit 2, dated April 10, 1973 (38 Fed. Reg. 9105).
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should ccutinue to be suspended pending completion of i
the full NEPA environcental review.
Petitioners' request for a hearing was originally opposed by both the Applicants and the Regulatory Staff.
l In an order dated July 11, 1973 this Board stated i
that it was not then persuaded tha.t an adequate showing I
had been made that a hearing was warranted, but the Board afforded Petitioners an opportunity to file a further pleading in amplification of their May 2,1973 filing.
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- On July 19, 1973 Petitioners duly filed an amended pleading containing a revised Request for a Hearing.
On July 30, 1973 Applicants filed a Reply in which they request that the hearing request be denied, contending (1) that Petitioners have not cured the defects in their origi6'al petition as to a showing of how their interest may be affected, and (2) that none of the four contentions 87.287 U
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On August 3, 1973 the Regulctory Staff filed an The Staff's position is that Petitioners have answer.
made a sufficient showing of interest in the proceeding; that Petitioners' contentions 1 and 3 are sufficient to meet the requirements of the Commission's notice that the factual basis for the request for a hearing be set
,l forth; and that consequently the Petitioners should be j
admitt2d as a party and that a hearing should be held.
i To the extent that the interest of the Petitioners was not sufficiently disclosed in the original Request I
for Hearing of May 2,1973, the board believes that Petitioners' amended filing of July 19, 1973 adequately sets.-forth their intere.;t.
While there is apparently no a
indication that Chcunsey Keppler is a member of either Petitioner, the filings in the Unit 1 case 2/do disclose 2_/ Metropolitan Edison Company et al.
(Three Mile Island Nuclear Station, Unit 1), Docket No. 50-289 87 288 7
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- that John Simons is a member of Environmental Coalition on Nuclear Power and is Co-Chairman of Citizens for a i,
Safe Environment.
Petitioners contend that persons living at a "not-te - e distance" from the proposed Juniata line are concerned about the future development of the area that will be traversed by the line; have a i
direct interest in the development of the county, includ-ing the productivity and use of land; and are concerned
,1 about the aesthetics of the com= unity.
The Board concludes that Petitioners have made an adequate showing of interest I
and liow that interest may be affected by the construction 3/
of the Juniata Line!
Turning next to the contentions, Petitioners purport I
to make four in number, which may be summarized as follows:
3/ On 'the matter of affected incerest, it is r.21evant, although not necessarily dispositive, that Petitioners have been admitted jointly as a party in the Unit 1 proceeding (Cocmission Memorandum and Order, February 20, 1973, Docket 50-389).
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1 Contedtion1assertsdhatunderanalternative, albeit unspecified, proposal for the location of the Juniata Line, the towers could be placed in such a manner
_as not to traverse large tracts of land, disrupt culti-vation and agricultural use er destroy woodlots.
Contention 2 expresses general concern about the effect of construction of the Juniata Line on the cost /
benefit analysis of Units 1 and 2.
Contention 3 asserts that an alternative location
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1 of the Juniata Line would lessen the adverse aesthetic 8
effects of the towers.
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Contention 4 asserts that the Commission must review alternatives to the proposed siting of the Juniata Line because the Pennsylvania Public Utility Commission does I
not do so.
This Board is of opinion that Contentions 1 and 3 adequaiely set forth environmental matters which allegedly
" warrant a determination other than that made by the Director of Regulation" in the April 10, 1973 notice and that the factual basis for the request for hearing is appropriately laid.
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i Contention 2 lacks specificity and is devoid of factual foundation' while contention 4 appears to be a legal argument; hence both those contentions are i
disallowed.
Accordingly, the Board determines that the Petitioners
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have made a sufficient showing of interest and have ade-quately set forth at least two satisfactory contentions.
Therefore Petitioners are admitted as a party to this i
proceeding and a hearing will be held before a duly a
designated Atomic Safety and Licensing Board.
l It is so ordered.
l FOR THE ATOMIC SAFETY AND LICENSING EOARD DESIGNATED TO RULE ON PETITIONS:
1 Au,41. WP Charles A. Haskins, Chairman Iss6ed at Washington, D.C.
this 13th day of August, 1973.
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UNITED STATES OF AMERICA
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ATOMIC ENERGY COMMISSION In the Matter of
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METROPOLITAN EDISON COMPANY,
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(Three Mile Island Nuclear
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Station, Unit 2)
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CERTIFICATE OF SERVICE I hereby mrtify that copies of ORDER dated August 13, 1973 in the captioned matter have been served per the attached Service Lfs t by-deposit in the United States mail, first class or air mail, this 13th day of August 1973.
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Offici df'/the Secretary of the Cocpission
Attachment:
Service List ec:
Mr. Ilankins Mr. Callo ASLAB ASLBP S. Sheppard L. Reg. Files 2'
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O UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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METROPOLITAN EDISON COMPANY
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Docket No. 50-320
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(Three Mile Island, Unit 2)
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SERVICE LIST Charles A. Haskins, Esq., Chairman Honorable Frank
- Clokey Atomic Safety and Licensing Board Special Assista.
- ttorney General U. S. Atomic Energy Commission Commonwealth of Pennsylvania Washington, D. C.
20545 Department of Environmental Resources Harrisburg, Pennsylvania 17105 Dr. M. Stanley Livingston 1005 Calla Largo Herbert C. Goldstein, Esq.
Sante Fe, New Mexico 87501 133 State Street Harrisburg, Pennsylvania 17101 Dr. John R. Luman Department of E,--tronmental Lawrence Sager, Esq.
Sciences and Engineering Sager & Sager Associates University cf North Carolina 45 High Street Chapel Hill, North Carolina 27514 Pottetewn, Pennsylvania 19464 George F. Trowbridge, Esq.
Douglas Baker, Esq.
Jay E. Silberg, Esq.
Environmental Coalition on Shaw, Pittman, Potts & Trowbridge Nuclear Power 910 17th Street, N. W.
1919 Sandy Hill Road Washington, D. C.
20006 Norristown, Pennsylvnaia 19401 Joseph Gallo, Esq.
Miss Mary V. Southard, Q1 airman Howard M. Wilchins, Esq.
Citizens for a Safe Environment Regulatory Staf f Counsel P. O. Box 405 U. S. Atomic Energy Commission Harrisburg, Pennsylvania 17108 Washington, D. C.
20545 Mr. A. Hunter Rineer Government Publication Section Stsie Library of Pennsylvania Education Building, Box 1601
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Harrisburg, Pennsylvania 17126 87 293
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