ML19276H441
| ML19276H441 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/22/1973 |
| From: | Schweiker R SENATE |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 7911090389 | |
| Download: ML19276H441 (3) | |
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?Cnifeb Stctfes Senale CCT g a Respectfully referred to:
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054f Because of the desire of this office to be responsive to all inquiries and conmunications, your consideration of the attached is requested.
Your findings and views, in duplicate form, along with return of the enclosure, will be appreciated by
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k Steven C. Sholly
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17 October 1973 The Honorable. Richard Schweiker Senator fred Pennsylvania Mr. Senator:
I am a member of an organization called Citizens for a Safe Environment from Harrisburg, Pennsylvania.
The organization is currently involved in the licensing hearings for the Three Mile Island Nuclear Power Station, Unit 1, nuclear reactor, which is located about nine miles from Harrisburg.
Citizens for a Safe Environment has intervened in the hearings to express its concerns that certain features of the reactor present undue hazards to the population in the vicinity of ihe reactor.
As a member of an Intervening organization, it seemed logical to me that I should be permitted to present my testimony at the hearings by virtue of being a member of the Intervenors.
However, I have recently been informed by Citizens for a Safe Environment Chairperson Virginia Southard that I must request permission from the Atomic Energy Commission to make an appearance at the hearing and be able to speak.
Not only that,
- but I found that I am limited to five minutes time in which to present my feelings to the Atomic Safety and Licensing Board assigned to the hearing by the A.E.C.
In addition, not only must I request permission, but Ms.
Southard, who is the leader of the Intervenors, must also request pernission to speak at the hearing and she is also limited to five minutes.
I find this situation rather incredible.
It seems to me that the rdles which require my submitting a request to appear at the hearing is specifically designed to discourage public participation in proceedings of this type, when in fact their health, welfare, and peace of mind are possibly threatened.
do doubt exists in my mind that the A.E.C. needs some idea of how many persons wish to.make statements to the hearing board in order to proceed in a smooth fashion and minimize confusion.
- However, for a concerned member of the public to be ced to " request permission" to make an appearance at such a hearing as A am describing is absurd and an af.ront to the intelligence and dignity of any person who becomes involved in such a proceeding.
I strongly resent the "high-and-mighty" attitiude which pervades the A.E.C. regulations regarding personal appearances at licensing hearings.
Since the due date for appearance requests for the Three Nile Island hearing is already past, I can only sit by and hope for the A.E.C.
to grant me permission to do what I feel should be a basic right of every person to do--that is, to freely present his views in a public proceeding which involves his personal health and welfare or that of his family.
As Assistant Secretary of the Interior, John A Laran, noted in a letter to Senator Warren Wagnuson, dated Arpil 25, 1972, "Public information about
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utility plans and participation in siting decisions is presently inadequate.
Full public participation is a vital part of the successful resolution of conflicts over location of facilities."
A report of a special committee of the Association of the Bar of the City of New York, submitted as testimony in Senate Commerce Committee hearings on Powerplant Siting, cited several defects in the present system of information disclosure and public participation in powerplant licensing hearings.
Among those defects were listed:
(a)
Failure to provide for adequate public disclosure of impo;ttant facts, (b)
Presenting unnecessary obstacles to public participation, and (c)
Failure to inspire essential public trust in the objectivity of the results reached.
That same subcommittee recommended that all stages of the decision-making process in powerplant siting be opened up to effective public participation.
The two main reasons for this were, first, that a more open decision-making process is more likely to arrive at sound decisions which are in the public interest, and, secondly, that the credibility of such processes cannot withstand the critisim that results from the exclusion
- of persons or interest groups who reasonably beleive themselves to be affected by the results of such proceedings.
It is evident to me that little effort has been exerted by the A.E.C.
along these lines since the time of the above mentioned report.
It is high time that the A.E.C. becomes more responsive to the citizens of this country who reasonably believe themselves to be affected by their actions.
I strongly urge you to use all measures at your disposal to correct this unfortunate and unnecessary situation.
Any response which you may have to this communication will be greatly appreciated.
I thank you kindly _for your time and for your consideration in this matter, Sincerely, b
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Steven C. Sho11y
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Docket No.54-289 g; i Honorable Richard S. Schweiker United States Senate
Dear Senator Schweiker:
P Thank you for your inquiry with respect to your constituest's, Mr. David Sholly's, concerns with respect to public participation in the public hearing om b application for an operating license for the Three Mile Island, Unit 1, maclear facility.
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Under the Co==1malon's Rules of Practice there are two means whereby members of the public saay participate im AEC public hearings involving an application for a maclear facility license. One of these provides for a seember of the public to become an intervenor in the proceeding.
As !stervemors, such seesabers of the public have all the rights of a party to the proceeding and may present evidence, cross-awamine
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witnesses and fully participate in all aspects of the proceeding.
For a anember of the public to beconne an intervenor, he or she or an organisation misst Gle with the Comunission a formal petition for leave to intervene in accordsace with the Commission's Rules of Practice and the petitioon must be gnated by the Atomic Safety and Liceansing Board designated to rule oss such petiticas.
A second anothod for participating in these proceedings is by means of a limited appearance. A persom desiring to present an oral or written statonnent regarding the applicattom but who does not desire to request full party statsas as an intervenor normally would participate in the proceeding by i%is means. Under Commissica procedures. a persom desiring to m..k make known to the p
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