ML19291B781
| ML19291B781 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/02/1973 |
| From: | Muntzing L US ATOMIC ENERGY COMMISSION (AEC) |
| To: | |
| Shared Package | |
| ML19291B779 | List: |
| References | |
| NUDOCS 7911120522 | |
| Download: ML19291B781 (6) | |
Text
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of METROPOLITAN EDISON COMPANY,
)
JERSEY CENTRAL POWER AND LIGHT COMPANY, AND Docket Nos. 50-289 PENNSYLVANIA ELECTRIC C0.
and 50-320 (Three Mile Island Nuclear Generating Station, Units 1 )
and 2)
)
DETERMINATION TO RESCIND SUSPENSION OF CERTAIN CONSTRUCTION ACTIVITIES AT THE THREE MILE ISLAND NUCLEAR GENERATING STATION AUTHORIZED PURSUANT TO CPPR-40 AND CPPR-66 PENDING COM.PLFTION OF NEPA ENVIRONMENTAL REVIEW Metropolitan Edison Company and Jersey Central Power and Light Company and Pennsylvania Electric Company (the licensees) are the holders of Construction Permits Nos. CPPR-40 and CPPR-66 (the construction permits), issued by the Atomic Energy Commission on May 18, 1968 and November 4, 1969, respectively.
The con-struction permits authorize the licensees to construct two pressurized water nuclear power reactors, designated as the Three Mile Island Nuclear Generating Station, Units 1 and 2, at a site in Dauphin County, Pennsylvania.
These reactors are designed for initial operation at approximately 2535 and 2772 megawatts (thermal), respectively.
In accordance with Section E.3 of the Commission's regulations implementing the National Environmental Policy Act of 1969 (NEPA),
Appendix D of 10 CFR Part 50, the licensees filed with the 1583 103 M9111gwyn Q
2 Commission a written statement of reasons, with a supporting factual submission, why the construction permits should not be suspended, in whole or in part, pending completion of the NEPA environmental review.
The Director of Regulation considered the licensees' submission in light of the criteria set out in Section E.2 of Appendix D, and, initially determined, after considering and balancing the criteria in Section E.2 of Appendix D, that activities involving off-site right-of-way clearing and construction of transmission lines for the Three Mile Island Nuclear Generating Station, Unit 2 should be suspended pending completion of the NEPA review of the environmental impact of these activities (36 F.R.
23264, December 7, 1971).
On November 29, 1971, the Director of Regulation issued an Order to Show Cause why these construction activities should not be so suspended.
On December 28, 1971, the licensees filed a timely answer requesting modification of the Order so as to permit continued construction to completion of the off-site portions of the transmission lines associated with the Three Mile Island Nuclear Generating Station, Unit 2.
Upon consideration of the licensees' answer to the order to show cause, it was determined that the Director of Regulation's determination should be modified so as to provide for the suspension of construction activities involving the off-site portion of only the Juniata transmission line for the Three Mile Island Nuclear Generating Station, Unit 2, pending completion of 1583 104
3 the NEPA environmental review relating to these matters.
On February 7,1972, the Director of Regulation served on the licensees an order suspending such construction activities.
The basis for this action is given in " Supplement to Discussion and Findings by the Division of Reactor Licensing, U.S. Atomic Energy Commission, Relating to Consideration of Suspension Pending NEPA Environmental Review of the Provisional Construction Permits for the Three Mile Island Nuclear Generating Station, Units 1 and 2 Metropolitan Edison Company, Jersey Central Power and Light Company and Pennsylvania Electric Company, AEC Docket Nos. 50-289 and 50-320" dated February 4, 1972.
The Director of Regulation has reconsidered that determination in light of information developed by the AEC regulatory staff's environmental review and has now determined, after considering and balancing the factors in Section E.2 of Appendix D, along with the factor dealt with by the U.S. Court of Appeals for the District of Columbia Circuit in Coalition For Safe Nuclear Power v. AEC, No. 71-1396 (April 7, 1972),l/ that activities involving off-site right-of-way clearing and construction of the off-site portion of the Juniata transmission line should no longer be suspended pending completion of the full NEPA environmental review.
Accordingly, the Director of Regulation 1/ This f actor concerns the degree to which additional irretrievable commitments of financial resources, associated with the requested activities during.the NEPA review period, might affect the decision based upon the full NEPA review.
1583 105
4 has served upon the licensees an Order rescinding the suspension which will become effective 30 days following publication of this determination in the Federal Re gi s te r.
Further details of this determination are set forth in documents entitled " Final Environmental Statement Related to Operation of Three Mile Island Nuclear Station, Units 1 and 2" dated December, 1972 and " Amended Discussion and Findings by the Directorate of Licensing, U.S. Atomic Energy Commission, Related to Consideration of Suspension Pending NEPA Environmental Review of the Provisional Construction Permits for the Three Mile Island Nuclear Generation Station, Units 1 and 2" dated December 9, 1972.
Pending completion of the full NEPA review, the holders of Construction Permits Nos. CPPR-40 and CPPR-66 proceed with construction at their own risk.
The determination herein, the Final Environmental Statement and the discussion and findings hereinabove referred to, do not preclude the Commission, upon completion of its NEPA environmental review, from continuing, modifying or terminating the construction permits or from appropriately conditioning the permits to protect environmental values.
Any person whose interest may be affected by this proceeding, other than the licensees, may file a request for a hearing within thirty (30) days af ter publication of this determination 1583 106
m 5
in the Federal Register.
Such request shall set forth the matters, with regard to the factors referenced hereinabove, alleged to warrant a determination other than that made by the Director of Regulation and shall set forth the factual basis for the request.
If the Commission determines that the matters stated in such request warrant a hearing, a notice of hearing will be published in the Federal Register.
If a request for a hearing is filed within the time specified, the effectiveness of the order partially rescinding the suspension will be stayed pending appropriate disposition of such request.
The licensees' statement of reasons, furnished pursuant to Section E.3 of Appendix 0, as to why the construction permit should not be suspended pending completion of the NEPA environ-mental review, the document entitled " Discussion and Findings by the Division of Reactor Licensing, U.S. Atomic Energy Commission Relating to Consideration of Suspension Pending NEPA Environmental Review of the Provisional Construction Permits for the Thrae Mile Island Nuclear Generating Station, Units 1 and 2, Docket Nos. 50-289 and 50-320", the licensees' response to the show cause order of November 29, 1971 entitled
" Answer to Crder to Show Cause and Supporting Statement of Facts Relating to Transmission Lines for Three Mile Island Nuclear Generating Station, Unit 2" dated December 28, 1971, the document entitled " Supplement to Discussion and Findings by the Division of Reactor Licensing, U.S. Atomic Energy Commission Relating to the Suspension Pending NEPA Environmental 1583 107
@s 6
review of the Provisional Construction Permits for the Three Mile Island Nuclear Generating Station, Units 1 and 2, Docket Nos. 50-289 and 50-320" dated February 4, 1972, the document entitled " Final Environmental Statement Related to the Operation of Three Mile Island Nuclear Station, Units 1 and 2" dated December,1972 and the document entitled " Amended Discussion and Findings by the Directorate of Licensing, U.S. Atomic Energy Commission, Related to Consideration of Suspension Pending NEPA Environmen.tal Review of the Provisional Construction Permits for the Three Mile Island Nuclear Generating Station, Units 1 and 2" dated December 9, 1972, as well as the determination, orders and answer referred to above are available for public inspection at the Commission's Public Document Room, 1717 H Street, N.W., Washington, D.C.,
and at the State Library of Pennsylvania Government Publication Section, Education Building, Harrisburg, Pennsylvania.
Copies of these documents may be obtained upon request addressed to the United States Atomic Energy Commission, Washington, D.C. 20545, Attention:
Deputy Director for Reactor Projects, Directorate of Licensing.
FOR THE ATOMIC ENERGY COMMISSION Director o'f RegugonT Da ted a t Bethesda, Maryland this 2nd day of April,1973 1583 108
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