ML19220C234
| ML19220C234 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/11/1973 |
| From: | Haskins C Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7904300084 | |
| Download: ML19220C234 (7) | |
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UNITED STATES OF AMERICA
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M ATOMIC ENERGY COS2iISSION ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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Docket No. 50-320 I
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METROPOLITA'l EDISON COMPANY, ET AL.
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(Three Mile Island Nuclear Station, )
Unit 2)
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ORDER (July 11,1973)
On April 10, 1973 the Co=nission published a notice entitled " Determination to Rescind Suspension of Construction Activities" at the Three Mile Island i
Nuclear Generating Station, in which it determined that
" activities involving off-site right-of-way clearing and construction of the off-site portion.of the Juniata transmission line" associated with Unit 2 "should no longer be suspended pending cocpletion of the full NEPA environmental review." (38 Fed. Reg. 9105).
The notice 4
provided that any person whose interest might be affected by the proceeding might file a request fdr a hearing within p,
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30 days and that such request should " set forth the factual basis for the request."
'Ihe notice further provided that if a request for a hearing was filed within the time specified, the effectiveness of the order partially rescinding the suspension would be stayed pending appropriate disposition of such request.
On May 2,1953, pursuant to the ioregoing notice and within the time period there allowed, s
Citizens for a Safe Environment and the Environmental Coalition on Nuclear Power (hereinafter " Petitioners")
filed a one-page document entitled " Objections of e
Citizens for a Safe Environment and the Environmental Coalition on Nuclear Power to Construction of the Juniata O
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Lines and Request for Hearing."1!
Answers in opposition to the request for hearing were filed by the Regulatory Staff on Iby 12, 1973, and by the Applicants on May 14, 1973.
Pursuant to Commission Memorandum and Order dated June 8,1973, this Board ha's been designated to rule upon the Petitioners' request.
On July 7,
- 1973, the Board met in Washington to consider the request, at i
which ti=c it was decided to request the Board's Chairman to s
j confer informally with Counsel.
Accordingly, on July 10, 1973, the Chairman held a telephone conference with i
Counnel for the Petitioners, the Applicants and the Regulatory Staff during which there was discussion of the adequacy of the contentions. contained in Petitioners'
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1 1/ Although Petitioners style themselves as "Intervenors,"
a role which they occupy in the Three Mile Island, Unit 1, case involving an application for an operating license 1
(Docket No. 50-239), they have nor ocen admitted as j
intervenors in the instant Unic 2 proceeding.
Accordingly,
'the Ecard ill treat :.u 2: titian;rs .~;y '2,1973 fil;n; as
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a petition to intervene (as, inceed, nc document is I
characterized in the Regulatory Staff's answer).
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request for hearing and the possibility of affording Petitioners an opportunity to amend their pleadings.
j Subsequently, the Chaircan consulted further with other members of the Board.
I Upon consideration of the pleadings, this Board i'
is not now persuaded that the Petitioners have made ar.
adequate showing that a hearing is warranted.
- However, before ruling on the request, the Board i: prepared to i
entertain a further pleading from the Petitioners in i
amplification of their May 2,1973 filing.
Such a j
pleading should adnere to the requirements of the 4
Commission's April 10, 1973 notice, particularly that l
there be set forth the matters,with regard to the I
environmental factors, " alleged to warrant a determination i
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other than that cade by the Director of Regulation".and
.j that the factual 1. sis for the hearing request be cet forth.
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Accordingly, the Petitioners will be permitted, t
if they so desire, to file an amended plecding, hcving g,
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4 particularly in mind the requirements of the Cc Notice above referred to.
Such further pleadin-filed on or before July 23, 1973.
In the event further pleading is filed, the Board will rule r basis of the pleadings now before it.
In the e such a pleading is filed by the Petitioners, tt Applicants may file an answer on or before Jul:
the Regulatory Staff cay file an answer on or ?
August 3, 1973.
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I It is so ordered.
d I.a FOR THE ATOMIC SAFETI AND LICENSING LC.
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Charles A. Haskir..
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Issued at ' ashington, D.C.
I this 11th day of July,1973.
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