ML19220D064
| ML19220D064 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley, Peach Bottom, Salem, Hope Creek, Susquehanna, Seabrook, Limerick, Vermont Yankee, Callaway, 05000386, Crane File:NorthStar Vermont Yankee icon.png |
| Issue date: | 04/01/1977 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| NUDOCS 7905160463 | |
| Download: ML19220D064 (7) | |
Text
L i-(-,
L ) J UtlITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
/,\\ f '%
COMMISSI0tlERS:
n Marcus A. Rcwden, Chairman Of J
g \\d t 7,
Victor Gilinsky
- }'/
2
-3 Richard T. Kennedy 6;
p g.
c6-' V Y
In the Matter of N
g VEPJiONT YANKEE NUCLEAR PC'.!ER
)
CORPORATION
)
)
(Vermont Yankee Nuclear Power
)
Station)
)
Docket No. 50-271
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PUBLIC SERVICE ELECTRIC & GAS
)
COMPANY
)
)
(Salem Nuclear Generating Station,
)
Docket tios. 50-272 Units 1 & 2)
)
50-311
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PHILADELPHIA ELECTRIC CCMPAtiY
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(Peach Sottom Atomic Pcwer Station,
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Docket Nos. 50-277 Units 2 & 3)
)
-278
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METROPOLITAil EDISCri COMPAtiY, ET AL.
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(Three Mile Island fluclear Station,
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Docket tios. 50-289 Units 1 & 2)
)
._._ 50-320
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DUQUESNE LIGHT CCMPAtlY, ET AL.
)
t
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(Beaver Valley Power Station,
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Docket Nos. 50-334 Units 1 & 2)
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50-412
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I PHILDELPHIA ELEt,TRIC COMPANY
)
)
(Limerick Generating Station,
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Docket Nos. :v-352 Units 1 & 2)
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50-353
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PUBLIC SERVICE ELECTRIC AND GAS
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l CCt4PANY
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ATLAtiTIC CITY ELECTRIC COMPANY
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)
l (hope Creek Generating Station,
)
Docket Nos. 50-354 Units i S 2) 50-355 120 CU gi i
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790516O M
_. _ __J d..
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2 PENflSYLVANIA POWEh AilD LIGHT COMPANY
)
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(Susquehar'a Steam Elec ric
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Docket flos. 50-387 Station. Units 1 & 2)
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50-356
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PUBLIC SERVICC COMPAl1Y OF NEW
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(Seabrock Station, Units 1 & 2)
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Docket ?!o. 50-423
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50-444
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UNION ELEC7PIC COMPANY
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(C.allaway riant,
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Docket Nos. STN 50 483 Units 1 & 2)
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STN 50 486
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MEMORANDUM AND CRSE?
On November 5, 1976, we entered Memoranda and Orders in these dockets in which we suspended pending show cause proceedings, NRCI 76/11 at 451, 470. Our action was based en our belief, fully discussed in the Seabrook decision, that we would prcmulgate an interim rule on the envi-ronmental impacts of the uranium fuel cycle in the near future and that sifch a rule would "... not produce results significantly different from those obtained under the current rule", jd_. at 461.
Accordingly, we held that NRCC v. NRC, F.2d
, Nos. 74-1385, 74-1586 (D.C. Cir.
1976), cert cranted sub nom., Vermont Yankee Nuclear Power Corcoration_
- v. flRDC, 45 U.S.L.W. 3570 (February 22,1977), did not require suspension of any outstanding licenses.
On March 14, 1977, we promulgated such an interim rule which con-tains values for environmental impacts which are not substantially different from the values either in the proposed rule.or those in the original rule.
42 Fed. Rec. 13803 (the " interim rule").
When 120 030
. as= _.
3 we issued that rule we noted that show cause proceedings which had been initiated as a result of our General Statement of Policy on the Uranium Fuel Cycle, 41 Fed. Reg. 34707 (August 16, 1976), should be terminated.
42 Fed. Reg. at 13806.
In writing the interim rule, however, we focussed primarily on the rulemaking action we were taking rather than these specific adjudicatory proceedings.
In none of the cases do we have the particularized factual data essential to making a determination of the incremental effect, if any, that the use of the values in the interim rule would have on the NEPA cost / benefit balances for the particular facilities involved. Accordingly, today we remand these cases to the Appeal Panel so that it may act to resolve them expeditiously and appropriately.
Furthermore, it should act to resolve any other proceeding in which the issue of the environmental impacts of the uranium fuel cycle is before it.
However, without desiring to prejudice the Appeal Panel's
.~indings in particular cases, we wish to restate cur belief, expressed in the statement of considerations accompanying the interim rule, that the values in the old rule and those in the interim rule are not sub-star:tially different and, therefore, although conceivable, it appears unlikely that use of the interim rule values rather than those in the original rule could tilt a cost / benefit balance against a facility, thus requiring suspension of an outstanding license or permit, or denial of a permit that would otherwise have been approved.
The Appeal Board involved in each case should take appropriate action to secure the information r ecessary for it to ac.
In particular cases, the Board may choose to request the parties to acJress themselves to this issue.
In most cases this may not be necessary in view of the lack of substantial differences between the interim and original rules.
azo 0;o
/
A._
4 It is so ORDERED.*
By the Commission
[%
sq' SAMUEL Ji CHILK N
[ Secretary of t.ne Commission g
Dated at Washington, D. C.
this 1g+
day of April, 1977 1
Chairman Rowden has in the past disqualified himself frcm participating in several of these proceedings because of his prior service as Asso-ciate General Counsel of the Atomic Energy Commission curing the pendency of those proceedings.
Absent a showing of necessity not here present, the Chairman does not b lieve he snculd participate in ruling on the merits of these proc.edings.
He is participating in this procedural Order for the limited purpose of remanding these proceedings to the Appeal Panel because his presence is required to establish the necessary quorum of three, 42 U.S.C.
5841(a), and othenvise nc Commission action could be taken.
120 010
LL UNITED STATES OF APIRICA NUCLEAR REGULATORi' COSD11SSION In the Matter of
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METROPOLITAN EDISON COMPANY,
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(Three Mile Island Unit No.1 )
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CERTITICATE O.-
S E R'.* I C E I hereby certify that I have this day served the foregoing document (s) list cc= piled by upon each person designated on the official service the Of fice of the Secretary of the Cc==ission in this proceeding in acenrdance.ith the requirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Cc= mission's Rules and Regula.
rs, t
Dated at 1:ashington, D.C.
this day of JV 197 1
1 Officeof'theSecretaryoftheCc= mission pa 1n20 u. i
- e UNITED STATES OF AMERICA NUCLEAR REGULATORY C0511SSION In the Matter of
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METROPOLITAN EDISON COMP /NY, ET AL.
) Dochet No. 50-289-OL
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(Three Mile Island Unit No. 1)
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SERVICE LIST Dr. Chauncey R. Kepford Atomic Safety and Licensing Board Citizens for a Safe Environnent &
U. S. Nuclear Regulatory Con =ission York Co==ittee for a Safe Environ =ent Washington, D. C.
20555 2586 Broad Street York, Pennsylvania 17404 Dr. M. Stanley Livingston 1005 Calle Largo Douglas Baker, Esq.
Santa Fe, New Mexico 87501
. Box-337, Route 2 Ki=berton Road Dr. John R. Lyman Phoenixville, Pennsylvania 19460 404 Clayton Road f
Chapel Hill, North Carolina 27514 Miss Mary V. Southard, Chair =an Citizens for:a Safe Environment George F. Trowbridge, Esq.
P. O. Box 405 Shaw, Pitt:an, Potts and Trowbridge Harrisburg, Pennsylvania 17108 910 17th Street, N. W.
Washington, D. C.
20006 Govern =ent Publication Section State Library of Pennsylvania Education Building, Box 1601 James Tourtellotte, Esq.
Harrisburg, Pennsylvania 17126 Counsel for NRC Staff U. S. Nuclear Ragulatory Coc=ission Washington, D. C.
20555 Honorable Theodore A. Adler Deputy Attorney General Department of Justice Old Museu: Building Harrisburg, Pennsylvania 17120 Herbert C. Goldstein, Esq.
133 State Street Harrisburg, Pennsylvania 17101' -
12.0 Ol2 i
aua a UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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METROPOLITAN EDISON COMPA'iY, ET AL.
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Docket No. 50-320 -0L
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(Three Mile Island Unit No. 2)
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SERVICE LIST Dr. Chauncey R. Kepford Edward Luton, Esq.
Atomic Safety and Licensing Board Citizens for a Safe Environnent &
U. S. Nuclear Regulatory Cc==ission York Co==ittee for a Safe Environ =ent Washington, D. C. 20555 2586 Broad Street York, Pennsylvania 17404 Mr. Gustave A. Linenberger Atomic Safety and Licensing Board Honorable Karin W. Carter U. S. Nuclear Regulatory Con =ission Assistant Attorney General Washington, D. C.
20555 Office of Enforcenent Department of Environmental Resources f
Dr. Ernest O. Salo 709 Health and Welfare Building Harrisburg, Pennsylvania 17120 Professor Fisheries Research Institute, WH-10 College of Fisheries Lawrence Sager, Esq.
University of Washington Sager and Sager Associates Seattle, Washington 98195 45 High Street Pottstown, Pennsylvania 19464 George F. Trowbridge, Esq.
Shaw, Pit =an, Potts, Trowbridge Government Publication Section State Library of Pennsylvania 910 17th Street, N. W.
Education Building, Box 1601 Washington, D. C.
20006 Harrisburg, Pennsylvania 17126 Stuart Treby, Esq.
Counsel for NRC Staff M. S. Nuclear Regulatory Coc=ission Washington, D. C. 20555 120 043
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