ML19312C347
| ML19312C347 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 08/28/1967 |
| From: | Jensch S Atomic Safety and Licensing Board Panel |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| Shared Package | |
| ML19312C344 | List: |
| References | |
| NUDOCS 7912130878 | |
| Download: ML19312C347 (8) | |
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.h UNITED STATES CF AMERICA AICMIC ENERGY CCMIISSION IN THE MAITER CF
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ICCKET NOS. 50-269 IUKE POWER CCMPANY
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50-270 (Oconee Nuclear Station
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50-287 Units 1, 2 and 3)
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ORDER DENYING INTERVENTION TO PIEIMONT CITM POWER SUPPLY, INC. AND GRANTING INTERVENTION 101HE CITIES OF STATESVILLE, ET AL, AND TOWNS OF CORNELIUS, ET AL, ALL IN NORTH CAROLINA On August 11, 1967, r_ joint petition requesting interventica in this proceeding was filed with the Ccc: mist icn, pursuant to Secticn 189 of the Atcmic Energy Act, as amended (the "Act"), and Section 2.714 of the Cen: mission's Rules of Practice, by Piedmont Cities Power Supply, Inc., and the Cities of Statesville, High Point, Lexington, Mcnrce, Shelby, and Albemarle, and the Ibvns of Cornelius, Drexel, Granite Falls, Newton, and Lincolnton, all in North Carolina.
The joint peti-tica alleges that Piedmont Cities Power Supply, Inc. (hereinaf ter
" Piedmont") is a corporation not for profit and was organized in l
North Carolina by public spirited citizens and residents for the pur-pese of acquiring an undivided interest in the Oconee Nuclear Staticn, Units 1, 2 and 3, sought to be constructed by Duke Power Ccmpany (hereinaf ter " Duke"). The petitien further alleges that Piedment seeks to beccce a customer and to purchase electric energy frcm Duke 7912180
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. and to sell it to the enumerated North Carolina cities and towns, and that such a purchase arrangement vill lessen the cost of energy to those cities and towns. 2cse latter are presently customers by the purchase of electric energy from Duke for distribution and sale within their municipalities.
Se joint petition also alleges that the Atcmic Energy Ccmmis-sion is without jurisdiction to grant the Section lOh(b) construction pemit and license sought by Duke for the reason that the proposed nuclear utilizaticn and production facilities are not experimental in character, and do not constitute any research and development project, but in fact are ccmmercial enterprises that should be licensed, if at all, only pursuant to Section 103 of the Act.
Duke filed its answer to the said petition and alleged that until the Ccmmission made a finding that the proposed utilization facilities have a practical value for industrial and commercial purposes, the nuclear facilities sought to be constructed and operated here can only be licensed pursuant to Section 104(b) of the Act.
Duke further alleges that the endeavors of the petitioners here are to secure lover cost electric energy which issue can be resolved by the Federal Power Ccmmission.
Duke asserted, also, that the petitioners did not have sufficient interest or standing to participate in the proceedings.
Se Regulatory Staff of the Ccmmission (" Staff") presented its answer to the joint petition at the prehearing conference convened in e'
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this proceedin6 and asserted substantially the same position as Duke, and likewise objected to the participation by the petitioners upon the ground that they did not have standing or interests adequate to question the jurisdiction of the Ccmmission.
In support of their position, the Staff filed a brief.
Section 189 of the Act provides in reference to licenses:
"... the Commission shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding."
Econcaic interests have been held sufficient basis for interven-tion in regulatory proceedings.
National Coal Association v. Federal Power Commission,191 Fed (2nd) 462 (1951); Virginia Petroleum Jobbers Association v. FPC, 265 Fed (2nd) 36h (1959); Michigan Consolidated Gas Co. v. FPC, 283 Fed (2nd) 20h (1960).
B is economic interest is directly related to the issue of jurisdiction which the parties to this proceeding recognize is fundamental to any regulatory proceeding.
Piedmont does not presently have any such interest; it seeks only to acquire an interest.
Se eleven cities and towns, however, are existing customers and thus have sufficient interest to varrant intervention in this proceeding.
Rese interests are adequately reflected in their petition to thus comply, also, with the Rules of Practice of the Ccamission.
Commitment is not made here, however, that the objectives sought by petitioners can be achieved in entirety in this proceeding.
Se interest of the petitioners as "any" persens in seeking a ruling whether
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Section lok (b) applies to this application, and if not, whether Sec-tica 103 could be applied to initiate the investigations there con-templeted is entirely aside from the procurement of a partial interest in the Oconee Nuclear Station and a purchase cf electric energy there-frem.
Bese latter concerns are not within the jurisdiction of this Ccamissicn.
Se Atomic Energy Act makes provision for the purchase of electric energy by persons such as petitioners when the Ccamission con-structs and operates nuclear facilities which produce the energy. Se risk that non-government organizations, such as investor owned compa-nies, take in any similar production of electric energy was apparently reccgnized by the Congress as adequate basis for the companies to dis-pose of their energy in accordance with their regular commercial prac-tices which are approved by the applicable regulatory agencies.
In any event, the Atcmic Energy Act does not grant any power to this Com-mission to order the sale of electric energy from the investor owned facilities.
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Upon a consideration of the joint petition, the contentions and briefs of the parties hereto, IT IS FCUND that adequate interest and standing has been asserted I
by the North Carolina cities and towns as customers of Duke Power to participate as intervenors in this proceeding, but sufficient interest has not been shown by Piedmont Cities Pcver Supply, Inc., to partici-pate as an intervenor,in the proceeding.
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5-WHEREFORE, IT IS ORDERED, pursuant to the Atomic Energy Act, as amended, and the Rules of Practice of the Con: mission, including Section 2 714 thereof, that:
(1) the Cities of Statesville, High Point, Lexington, Mcnroe, Shelby, and Albemarle, and the Towns of Cornelius, Drexel, Granite Falls, Newton, and Lincolnton, all in North Carolina, be and hereby are pemitted to intervene and are parties to the proceeding; and (2) Piedmont Cities Power Supply, Inc., is denied the right to participate by intervention in this proceeding.
A'ICMIC SAFETY AND LICENSHIG BOARD Awp At By Samuel W. Jensch, ChairnEn Issued:
August 28, 1967 Gencantown, Maryland m
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UNITED STATES OF AMERI
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ATCMIC ENERGY CCMMISSI No o o
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Docket Kos. 50 269 DUKE POW 52 CCMPANY
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5C-270 (Ceonce Nuclear Station )
50 287 Units 1, 2 and 3)
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CERTIFICATE OF SERVICE I hereby certify that copies of (1) an CRDER DENYING MCTICN TO DIiMISS APFLICATION RESPECTING CCONEE NUCLEAR STATION UNITS 1 AND 2 AND DEFERRING DECISION RESPECTING CCONEE NUCLEAR STATION U'ET 3, and (2) an ORDER DINYING INTERVENTION TO PIZOMCNT CITIES PCWER SUPPL?, INC. AND GRANTING INTIE7ESTION TO THE CITIES CF STATES 7ILLE, IT AL, AND TC'4'S CF CCRNELIUS, ET AL, ALL E*
NORTH CAROLINA, both issued by the Ato ic Safety a:xi Licensing Board on August 28, 1967, have been served on the following by deposit in the United States Mail, first class cr air mail, this twenty-eighth day of August,1967:
Samuel W. Jensch, Esq., Chair.an Mr. Willism S. Lee Atomic Safety and Licensing Board Vice President, Engineering U. S. Atomic Energy Cc==ission Duke Power Company Washington, D. C.
20545 General Office Charlotte, North Carolina 28201 Dr. John Henry Euck Vice President & General Manager Honorable Robert McNair Instruments Division Covernor, State of South Carolina The Eudd Cc=pany State House Eox 245 Columbia, South Carolina 29201 Phoenixville, Pennsylvania 19460 Harry M. Lightsey, Jr., Esq.
Dr. Hugh C. Paxton Assistant Attorney General Los Alamos Scientific Laboratory State of South Carolina Los Alamos, New Mexico 87544 1213 Lady Street Colu=bia, South Carolina 29201 Ercokhaven National Laborator7 Dr. E. Kenneth Ayecck Upton, L. I., New York 11973 State Health CTicer State Ecard of Health Thomas F. Engelhardt, Esq.
J. Marion Sims Euilding Robert E. Turts, Esq.
Columbia, South Carolina 29201 Regulatory Staff l
U. S. Ato:ic Energy Commission Mr. W. T. Linton Washington, D. C.
20545 Executive Director of Follution Control Authority William H. Grigg, Esq.
State Ecard of Health A::sistant General Counsel Colu=bia, South Carolina 29201 Du'ce ?ouer Co=pany 422 South Church Street Mr. William F. Fonder Charlotte, North Carolina 28201 Co--4ssioner Depart =cnt of Labor Rey 3. Snapp, Esq.
1415 Senate Street 1725 K Street, N. W.
D 0 Eox '137 9201 Suite 512 tolu =.bia, Sou.h Carolina 4
D ahington, D. C.
20006
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l o oJu Mr. Henry C. Schult::e, Director Jack R. Harris, Esq.
Development Research Center Suite 207 - Sti=pson '4agner Building State Development Board Statesville, North Carolina 22677
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Colu:bia, South Carolina 29201 J. O. Tally, Jr., Esq.
P. O. Draver 1660 Honorable Daniel K. Moore Fayetteville, North Carolina 28302 Governor, State of North Carolina State Capitol Carl Horn, Jr., Esq.
Raleigh, Ncrth Carolina 27601 422 South Church Street Charlotte, North Carolina 28200 Spencer ~4. Reeder, Esq.
Spencer Building St. Michaels, Maryla:xi 21663
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Office of the Secretcry cc: S. 'd. Jensch T. F. Engelhardt A. A. ' dells H. Steele H. I. S=ith -
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