ML19261C628

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Grants in Part Ecology Action of Oswegos Petition to Review ALAB-502.Issue to Be Heard Is Wether Aslab Correctly Interpreted NRCs Obviously Superior Std for Rejecting Applicants Proposed Site.Briefs Due by 790409
ML19261C628
Person / Time
Site: Sterling
Issue date: 03/08/1979
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
References
NUDOCS 7903260154
Download: ML19261C628 (2)


Text

IW1 MTHLIC DTME;tni gg UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION y

COMt1ISSIONERS:

Joseph M. Hendrie Chairman Victor Gilinsky Richard T. Kennedy Peter A. Bradford 9,,

J' John F. Ahearne

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Wa In the Matter of

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ROCHESTER GAS AND ELECTRIC

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CORPORATION, et al.

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Docket No. STN 50-485

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(Sterling ~ Power Project

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Nuclear Unit No. 1)

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ORDER On October 19, 1978, the Atomic Safety and Licensing Appeal Board decided ALAB-502, 8 NRC 383 (1978), which partially affirmed the Atomic Safety and Licensing Board's initial decision authorizing issuance of a construction permit for the Sterling Power Project:

Nuclear Unit No. 1.1 A petition to review that decision was filed by Intervenor, Ecology Action of Oswego (Ecology Action).

The NRC Staff and the Applicant, Rochester Gas & Electric, both opposed the petition for review.

We subsequently extended our time to review that petition until March 9,1979.

1/

The Appeal Board retained jurisdiction over the issues of need-for-power and the environmental impact of radon relenes arising from the mining and milling of urantura.

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2 We have decided to grant Ecology Action's petition in part. -

The issue for review is wFather, in the factual circunstances presented by this proceeding, the Appeal Board correctly interpreted the Commis-sion's "obviously superior" standard for rejecting the applicant's p cposed site because of the existence of a preferable alternative.

The parties to the review shall be the same as the parties before the Appeal Board in ALAB-502.

The parties' initial briefs shall be received by the Commission by April 9,1979.

Any reply briefs should be received by April 24, 1979.

If we determine to have oral argument it will be scheduled in a future order.

It is so ORDERED.

By the Commission

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i ' ' Samuel J. Cnilk Secretary of the Commission Dated at Washington, D.C.

Y March

" 1979.

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Chairman Hendrie and Commissioner Kennedy did not participate in approval of this order because they believe that no review of ALAB-502 was necessary.

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Public Service Comoany of New Hampshire (Seabrook Station, Units l and 2), CLI-77-8, 5 NRC 503, 528-30 (1977).