ML19263D242
| ML19263D242 | |
| Person / Time | |
|---|---|
| Site: | Atlantic Nuclear Power Plant  |
| Issue date: | 03/08/1979 |
| From: | Sohinki S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Roisman A National Resources Defense Council |
| References | |
| NUDOCS 7903260353 | |
| Download: ML19263D242 (2) | |
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NUCLEAR REGULATORY COMMisS!ON O *,3 7e h.
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March 8, 1979
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.k Anthony Z. Roisman, Esq.
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Natural Resources Defense Council O/
917 15th Street, N.W.
Washington, D.C.
20005 f/
In the Matter of Offshore Power Systems (Floating Nuclear Power Plants)
Docket No. STN 50-437
Dear Mr. Roisman:
Reference is made to your letter of January 10, 1979 to Mr. Denton in which you requestea clarification of the Staff position presented in the Final Environmental Statement, Part III in the captioned proceeding.
The request for clarification was specifically addressed to the Staff position concerning the siting of FNPs at specific locations in estuaries, rivers or near barrier islands.
The FES III is quite specific regarding compliance by Applicants : lith the siting requirements listed on p. XV of that document. With regard to items 2(A)-(F) on p. XVI of the EIS, which reflect agreement between the Staff and EPA, these requirements do not constitute a_ priori conditions for siting FNPs in estuaries, rivers or in the vicinity of barrier islands. They, therefore, do not " automatically" rpply to any applicant who wishes to site an FNP in these environs.
Rather, as the preface to items 2(A)-(F) indicates, the applicant must first address whether there is a poi.ential that siting an FNP at the proposed site would disturb basic physical-chemical processes and thereby adversely affect biological com-munity dynamics and the ecosystem.
If so, the applicant must demonstrate, prior to the issuance of a construction permit, that it can and will comply with as many of the six requirements set forth on p. XVI as are pertinent to the chosen site.
However, if a particular applicant can demonstrate that conmunity dynamics and the ecosystem would not be adversely impacted by the siting of an FNP at a particular location, the six re-quirements would not have to be addressed in the environmental report.
It should be noted that the license conditions and siting requirements presented in NUREG-0502 are Staff positions and are subject to modification by the decision rendered by the Licensing Board in the OPS proceeding.
7903260 3 5 3
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Finally, I do not consider it proper for an attorney in an ongoing proceeding to contact the client of another attorney directly in order to inquire into matters which could or will be involved in the liti-gation of the case.
I would, therefore, appreciate it if, in the future, you would direct inquiries concerning this proceeding through Staff counsel.
Sincerely,
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Stephen M. Schinki Counsel for tiRC Staff cc:
Sheldon J. Wolfe, Esq.
Dr. David R. Schink Mr. Lester Kornblith, Jr.
Vincent W. Campbell, Esq.
Dr. David L. Hetrick Docketing and Service Section Richard M. Hluchan, Esq.
Mary M. Cheh, Esq.
Barton Z. Cowan, Esq.
Thomas M. Daugherty, Esq.
Mr. John H. Williamson City of Brigantine Harold P. Green, Esq.
Carl Valore. Esq.
Dr. Willard W. Rosenberg Dr. Glenn L. Paulson Mr. Harold P. Abrams Mr. Mitchell Attalla William Potter, Esq.
Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Panel
.