ML19276H456
| ML19276H456 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley, Monticello, Davis Besse, Indian Point, Saint Lucie, Brunswick, North Anna, Diablo Canyon, Trojan, Crane  |
| Issue date: | 01/31/1972 |
| From: | Muntzing L US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Johnson, Ramey, Schlesinger NRC COMMISSION (OCM) |
| References | |
| NUDOCS 7911110191 | |
| Download: ML19276H456 (5) | |
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Connaissioner Johnson Co==fnaiocer Larsan C - f==ioner Doub
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STATUS AND ILTEHDI3C ACIIM OE APPLICATIONS RZQUIRING SHoli CAUSE AC1' ION The "show causa" dets*"=eions isamed in November 1971 have resultad 5
in responses being recalved from licensees and intervenors on 9 of the determinations.
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The regulatory staff has reviewed the technical informatica received from licencass in the time av=f1=hla and conclusicas for action by the c== hsion have been developed. Legal counsel for the regulatory staff has reviewad those responses requesting hearings or interventica and has prepared replias for the Director of Esgulation or for:aal filings for consideration by the Commission. The statue and the impending action on each of the show cause cases for which responses were received are summarized below:
Diablo Canyon 1 & 2 i
Scanic Shorelinao, a conservation organization, has submitted a request for a hearing regarding certain etustruction activities at the Diablo Canyon Plant pending completion of the EEPA review. General issuas
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that have been raised include:
(1) the availt.bility of alternate sources of pcwor (geothermal), (2) the potential damage to the environ-i ment of construction of trancaission lince, (3) that continued construc-tion is forecAoaing other cooling alternatives and (4) seis=ic design.
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In a formal answer to this request filed with ena Commaission, the g
regulatory staff nas proposed that a hearinE be held on Items (1), (2) i snd (3) but that no hearing be held on Ites (4).
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In our Detertination and Ordar To Show Cause of Mover ber 29, 1971, we j.
concluded that clearing of the right-cf-way and constructing the second I
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Diablo-Hiway transmission line should be suspend-d.
Pacific Gas and i
l ilmctric Coepany has not twpondad to our Order To Show Cause.
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, Accordingly, va have prepared an order to suspend clearing of the right-of-way and conatructing the second Diablo-liidway traan,r* =aion lina.
(See Eaclosure A).
Mctchinson Island Florida Power sad Light Company's statament semitted in response to I
our show causa datarmination raads as follows:
"It is requested that no hearing be schedalad in this matter until further motion by the licaa=*= at such tias as it may become elaar that the NEPA review will be complated la cima to prevent delays in work an the tranM=cion liaSa."
The acharl=Ta for complating the HEPA raviser is somewhat uncartain, but it is ese4== tad that it will not be completa until September or October, 1972.
We have prepared an order to suspend construction of the trenam4=sion i
lines.
(See Enclosurs B).
North Anna 1 & 2 The response and statement containing additianut technical information received from Virginia Electric Power Company did not request a public haaring. These documents were not filed under oath or affirmation.
The DEL Project Leader, in ravisving the tarhaie=1 information submittad with the letter has noted that right-of-way clearing for one of the transmissica lines (North Anna to Ladysmith) had, in fact, begun before Novsaber 29, 1971 sad is now 53% complate. We had no previous knouledge that this work was underway. VEPCO has voluntarily suspended further clearing for this line only until the c==4ssion has reviewed their respocae of December 27, 1971.
Da all other transmission Ifn=,,
VEPCO has agreed to restrict their 8,
activities to planning and right-of-way acquisition until the and of ths 8 month NEPA period.
Based on our preliminary review of the information submitted, we find no bases for altaring our original determination and have prepared an l
order to suspend construction of the transmission lines.
(See Enclosure C).
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o commissicxters Three Hile Island 1 & 2 l
A reply and statesent containing additional information and data was submitted by Matropolitan Edison Company on December 28, 1971 in j
response to our show causa determination. No 13 quest for a hearing y
was mada; however, the company requested the Commission withdraw its
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determination to suspend construction of off-site transmission lines.
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In the cover letter transmitting their statement, the applicant stated that "Both the ansvar and statament provide information which we (Met l
Ed) had not previously brought to your (AEC) attention and which corrects factual misunderstandings which we (Met Ed) had allowed to exis to " We now find that clearing of the right-of-wsy for the 67.3 mila Bechtalsv111a tran=nission lines was coglated on November 26, 1971. Tower ersction has been started, but is not complete. Clearing of the 7.16 Jumiata line has not yet been started, but is scheduled to beS n March 31, 1972.
i Work on th*== tran==1*sion lines is proenadf ng in accordance with the guidalines issued by the Departments af Interior and Agriculture entitled "Envirocanntal Criteria for Electric Transmissica Systems."
The impact on the envimnt of constructing the Eachtalsv111e trans-mission lina has already occurred. However, we find no basis in the additional information submitted, for altering our determination regarding construction of the Juniata line. Therefore, we have pre-pared an order suspending construction of this transmission line.
(See Enclosure D).
i Troj an i
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l A request for intervention was received from a party to the construe-tien permit hearing.
In a formal answer to this request filed with l
l the Commission, the regulatory staff had taken the position that the requesc does not state a sufficient basis for holding the hearing.
ilowever, the staff indicated in its answer that it would have no objection to allowing the petitioners additional time to clarify the basis for their request.
i Indian Point 3 l
A request for a hearing was received from Mary Hays Weik.
In a fornal answer to this request, filed with the Commission, the regula-tory staff has taken the position that the request should be rejected on the ground that it does not state a sufficient basis for a henring.
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t'n-f asioners Monticello A request was nada by the Attorney General for the State of Minnesota for an extension of time for requesting a public hearing.
In a formal ansvar to this request filed with the Commission, the regulatory staff has indicated that it would have no objection to an order allowing Monticello an additional thirty days within which to file a request l
for a hearing.
1 In addition, as environmental organization, MECCA, has filed a request for a public hearing. The applicant and the regulatory staff have filed lettars with the Secret y of the ccmaission requesting that the latest data for the filing of answers to the MECCA request be extended until 15 days af ter the latest data for the filing of the request by the State of Nin - ota.
Ua havn found that a potential exists for three public hearings on Manticello. They inclimia:
(1) a hearing as our determination not to suspend operations, (2) a hearing on issues covered by Appendix D to CFR Part 50, and (3) a hearing on issuance of a full-term license.
We had hoped that a single hearing could be designed to achieve the objectives of the three potential hearings me tiened above. Efforts to develop the basis for agreement among the id: created parties for the singis haaring were unsuccessful because MECCA would not agree to withdraw or defer its request for a hearing cm the suspension atter.
Nonetheless, the staff has agreed to use its best efforts to cocplate l
the Monticella draf t environmental statement by the first week of May 1972 and to provide an opportunity for a hearing at that time.
The State of Minnesota has indicated that it vill defer any requeat for a hearing on the suspension matter in view of the accelerated i
i schedule to which the staff has agreed.
I Davis-Bess e The Coalition for Safe Nuclear Power, a party to the construction permit j
hearing, requested by their letter to the Director of Regulation dated Decesber 8, 1971, that the Determination and Findings in this case be i
submitted to the United States Court of Appeals, Washington, D. C.
No request for a hearing was made.
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r Cossaissioners 0 OCC advised the Coalition by latter datad January 3,1972 that they could request an aztension of time for filing a request for a hearing providad good causa could be shown.
Brunswick 1 & 2 Carolian Power and Light Company filed an answer to ths Order To Show Cause and a statement containing supplomental information on December 16,
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1971. The Company requested that the Director of Regulation withdraw lj l
or modify his determination to suspend certain construction activities it l
at the Brunswick. Plant and issue instaad a determination not to suspend.
p They further stated that in the event their request was denied. CP&L a hearing to determine whather construction activities involving
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h-h the of f-sits tran=wi =sion H n== and off-site portions of the discharge
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earvil should be suspended pending enepletion of thoes portions of the t
EEPA review.
We have concluded that the Company's answer to our ordar To Show Cause does not provide a basis for altering our November 18, 1971 Determination to suspend ecostruction activities ce tbs off-sita portions of the dis-charge canal and on the transmission lines. We have prepared am Order designating the time and place for the hearing dar.andad by the Ccapany.
(See Enclosure E).
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(signed) L M. Entzing i
L L. Manning Huntaing Director of Regulation
Enclosures:
A.
Order - Diablo Canyon Distribution:
B.
Order - Hutchinsco Island Docket F. Schroeder C.
Order - North Anna DR Reading R. S. Boyd D.
Order - Three Mile Island i
DRL Reading R. C. DeYoung E.
Order - Brunzwick BWR-1 File G. Ertter L. M. Muntzing OGC cc: Secretary (2)
S. H. Hanauer W.
Butler General Counsel (2)
C. L. Henderson D. Knuth General Manager (2)
P. A. Morris S. Kari E. G. Case J. Cock
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