ML19249B582
| ML19249B582 | |
| Person / Time | |
|---|---|
| Site: | 05000599, 05000600 |
| Issue date: | 07/05/1979 |
| From: | Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7909040581 | |
| Download: ML19249B582 (5) | |
Text
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P' UillTED STATLS OF A'iERICA
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NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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COMMONWEALTH EDISON CGMPANY, et al.
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Docket Nos. S50-599
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S50-600 (Carroll C7unty Site)
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NRC STAFF RESPONSE TO STATE OF ILLIN0IS BRIEF IN SUPPORT OF CCMMENTS IN OPPOSITION TO EARLY SITE REVIEW On June 15, 1979, the State of Illinois (Petitionce) filed a brief in opposition to the early site review in the above-captioned matter.~*/
Petitioner contends
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that the early site review is " unwarranted, untimely and unnecessary" for the following reasons:
(A) the rieed for expansion of energy generation capacity is highly questionable; (B) it would be in the public interest to delay site suitability determination until as many possible lessons to be learned from Thrce Mile Island may be incorporated into the decision and until NRC siting policy is more settled; (C) an early determination of site suitability will quite probably commit part of the companies' resources, future energy planning and present contracting so as to be irreversible or at least quite costly and quite burdensome to reverse; and (D) an early
.ite review will not allow intervenors adequate time to fully explore the issues which will be considered.
With regard to reason (A), need for power is not an issue of sitr' suitability for which early consideration is sought and is thus beyond the scope of 7 90904 p053/
- / The NRC Staff herewith responds to the substantive matters addressed in the Petitioner's brief, but notes that it has not made any motion or other request for specific relief.
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.' issues congizable at this stage of the proceeding.
See 10 CFR 52.604(a),
" Notice of Hearing on Application for Construction Permits and Request for Early Site Review," 44 F.R. 26229 (May 4, 1979).
With regard to reason (B),
Petitioner fails to indicate what possible lessons that might be learned from the Three Mile Island incident or the Staff's purported reevaluation of its
" siting" policy relate to the issues of site suitability for which early consideration is sought in this proceeding.
The matters underlying reason (C) are clearly beyond the scope of the site suitability issues for which early consideration is sought.
10 CFR s2.604(a); Notice of Hearing.
With regard to (D), this proceeding is no dif ferent than any other NRC licensing
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proceeding. Admitted parties participate in the establishment of a pre-hearing and hearing schedule and may seek additional preparation time from the licensing board as necessary.
Petitioner's claim of inadequate prepara-tion time, standing alone, however, provides no basis for not processing the early site review request.
In essence, Petitioner seeks out, t rejection of the early site review re-quest.
There is no legal authority for such action.
Under the prescribed regulatory process, the NRC Staff is entrusted with the responsibility for con-ducting the necessary review and evaluation of nuclear license applications.
It has no statutory authority to decline review of a properly docketed application.
Similarly, a licensing board nuy exercise only those powers which have been delegated to it by the Cer. mission.
Public Service Commission of Indiana (Marble Hill Nuclear Generating Station, ALAB-316, 3 URC 167,170 (1976).
It has been recognized that the Comaission has not deleaated the authority to ssN!*.),.s
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- V supervise the Staff's review of license applications to such boards. As one licensing board succinctly noted:
Under the Conmission's regulatory scheme, the Staff is given the duty of reviewing applications for licenses (Section 2.102).
.The Commission has delegated to the Licensing Boards power and duties with respect only to the hearing process (2.104 and 2.718).
The Staff's review and reporting function is largely completed in a setting outside the hearing process and therefore without the purview of the Licensing Board.
The fact that the two areas of activity may proceed, for a time, concurrently, does not extend to the Board any supervisory authority over that part of the process that has been entrusted to the Staff.
Northeast Nuclear Energy Company _, et al. (Montague Nuclear Power Station, Units 1 and 2), LBP-75-19,1 NRC 436 (1975); accord, New Eng_ land Power Co.
(NEP, Units 1 and 2), LBP-78-9, 7 NRC 271, 279 (1978).
CONCLUSION On the basis of the above, the Staff urges rejection of Petitioner's con.ments in opposition to the early site review.
Respectfully submitted,
{b o, h/A Steven C. Goldberg Counsel for NRC Staff Dated at Bethesda, Maryland this 5th day of July, 1979.
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P UNITED STATES OF AMERICA NUCl. EAR REGULATORY C0",",ISSION i';s.
o BF. FORE THE ATOMIC SAFETY AN3 LICENSING BCARD In the Matter of
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COMMON'.-lEALTH EDISON COMPANY, et al.
Docket Nos. S50-599
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SS0-600 (Carroll County Site)
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_ CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO STATE OF ILLIN0IS BRIEF IN SUPPORT OF COMMENTS IN OPPOSITION TO EARLY SITE REVIEW" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the T'uclear Regulatory Conmission's internal mail system, this 5th day of July,1979.
John F. !lolf, Esq., Chairman Mr. Jchn W. Cox, Jr.
3409 Shepherd Street Jo Daviess County Ad Hoc Comnittee Chevy Chase, Maryland 20015 on Nuclear Energy Information 906 Campbell Street Mr. Glenn O. Bright Galena, Illinois 61036 Atomic Safcty and Licensing Board U.S. Nuclear Regulatory Commission Mr. James C. Schwab
'l3shington, D.C.
205S5 State Coordinator Iowa Public Interest Research Group, Inc.
Dr. Robert L. Holton 36 i*emorial Union, Iowa State University School of Oceanography Ames, Iowa 50010 Gregon State University Ccrvallis, Oregon 97331 Nancy J. Bennett Assistant Attorney General Philip P. Steptoe, Esq.
Enviror, mental Control Division Isham, Lincoln & Beale 138 !!est Randolph, Suite 2315 Cne First National Plaza, 42nd Floor Chicago, Illinois 60601 Chicago, Illinois 60603 Mr. Jim Dubert Thonas J. Miller c/o Iowa Socialist Party Attorney General of Iowa 280Fi 1lest Street State Capitol Complex Ames, Ioua 50010 Ds L'oines, Iowa 50319 3031.;B
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- Ato:aic Safety and 1.icensing Soard Panel U.S. I;uclear Regulatory Coimaission Washington, D.C.
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- Atomic Safety and Licensing Appeal Eoard Panel U.S. I:uclear Regulatory Co:.cnission Washington, D.C.
20555
- Docketing and Service Section Office of the Secretary U.S. I;uclear Regulatory Cormission 1.' ash ington, D.C.
20555
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Steven C. G61dberg' Counsel for NRC Staff e
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