ML19312C562
| ML19312C562 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 09/05/1967 |
| From: | Harris J, Reeder S, Tally J PIEDMONT CITIES OF NORTH CAROLINA, PIEDMONT CITIES POWER SUPPLY, INC. |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 7912160126 | |
| Download: ML19312C562 (7) | |
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UNITED STATES ATOMIC ENERGY COMMISSION Dockets Nos. 50 - 269, 50 - 270, and 50 - 287 i
e MATTER OF THE APPLICATION OF DUKE POWER COMPANY FOR LICENSES UNDER THE ATOMIC ENERGY ACT OF 1954 AS AMENDED FOR THE CONSTRUCTION AND OPERATION OF OCONFE NUCLEAR STATION, UNITS 1, 2 and 3 MOTION FOR AN ORDER TO CERTIFY ATOMIC SAFETY AND LICENSING BOARD'S DENIAL OF RIGHT OF PIEDMONT CITIES POWER SUPPLY, INC. TO PARTICIPATE BY INTERVENTION IN THIS PROCEEDING Piedmont Cities Power Supply, Inc.
City of Statesville, North Carolina City of High ' Point, North Carolina City of Lexington, North Carolina City of Monroe, North Carolina City of Shelby, North Carolina City of Albemarle, North Carolina Tcwn of Cornelius, North Carolina Town of Drexel, North Carolina Town of Granite Falls, North Carolina Town of Newton, North Carolina Town of Lincolnton, North Carolina Joint Petitioners for Leave to Intervene p \\\\~l/ D Jack R. Harris J. O. Tally, Jr.
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Attorneys for Joint Petirieners for Leave to Int 'rvene p.n g 3. ;n...,q g
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Before The UNITED STATES ATOMIC ENERGY COXX1SSION Dockets Nos. 50 - 269, 50 - 270, and 50 - 287 MATTER OF THE APPLICATION OF DUKE POWER COMPANY FOR LICENSES UNDER THE ATOMIC ENERGY ACT OF 1954 AS AMENDED FOR THE CONSTRUCTION AND OPERATION OF OCONEE NUCLEAR STATION, UNITS 1, 2 and 3 MOTION FOR AN ORDER DO CERTIFY ATOMIC SAFETY AND LICENSING SOARD'S DENIAL OF RIGHT OF PIEDMONT CITIES POWER SUPPLY, INC. TO PARTICIPATE BY INTERVENTION IN THIS PROCEEDING Now comes Piedmont Cities Power Supply, Inc., ("P.C.P.S.,
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and for the grounds of its motion for an order to certify the order of the Atomic Safety and Licensing Board, Samuel W. Jens ch, Chairman, issued August 28, 1967, denying a hearing herein to P.C.P.S.,
Inc., and denying the request of P.C.P.S.,
Inc. to beccme a party to this proceeding, respectfully states that:
1.
The Eleven Piedmont Electric Cities which were per-mitted to intervene herein by said order of August 28, 1967, have partially developed by cross-examination at the hearing which began on August 29, 1967, and will conclusively show by direct evidence at the continued session of said hearing now scheduled for September 12, 1967, that the Atomic Energy Cc= mission has found, not once, but many times, including 5 times before Duke's original application
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m herein was filed, and four more times bef >re Duke's application for Unit 3 was filed, that the pressurized water type of reactor (PWR), to be employed by Duke in the Oconee Nuclear Station, Units 1,
2 and 3, has practical value for conmercial use.
1.
Indian Point Station, Unit 1 (Cons. Edison Co. of New York) Indian Point, N.Y., has a capacity in net megawatts elec-trical (mwe ) of 270; (270,000 kilowatts (kw)) is a Pressurized _
Water Tvec of Reactor (PWR); received a construction permit in 1956; and has been in "co==orcial oceration" according to an official pub-lication of A.E.C. since September of 1962.
Babcock and Wilcox is the contractor.
2.
San Onofre Nuclear Generatine Station (S. Calif.
Edison and San Diego Gas and Electric), San Clemente, Calif., has a capacity of 430 mw e (430,000 kilowatts); is a Pressurized Water Tvee of Reactor; was licensed by the A.E.C. in March of 1964; should have been operational in 1966 but for " deliberateness in following start-up program and non-nuclear operational problems"; and is now classified by an official A.E.C. publication as an " operating re-actor."
Westinghouse is the. contractor.
3.
Yankee Nuclear Power Station (Yankee Atomic Electric Co.) Rowe, Mass., has a capacity of 175 mwe (175,000 kw) ; is a Pre'ssurized h7ater Tvee of Reactor _ (PWR); received a construction permi9 in Novenber of 1957; and has been in "Cc=mercial_ Oceration, " accord-ing to an official publication of the A.E.C.
since July of 1961.
Westinghouse is the contractor.
- Duke's application filed December 1,1966 for Units 1 and 2 and May 1, 1967 for Unit 3.
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- 3. Robinson Unit No. 2 (Carolina Power and Light Co,',
Hartsville, South Carolina; has a capacity of 663 mwe (663,000 kw); is a Pressurized Water Tvre of Reactor; was licensed by the A.E.C. in April of 1967; construction is scheduled to be I
completed in early 1970, "with commercial oceration to start about t
L mid-1970," according to an official A.E.C. publication.
Wecting-house is the contractor.
5.
Indian Point Statien, Unit 2 (Cons. Ed. Co. of New York), Indian Point, N.Y.; has a capacity of 873 mwe (873,000 kw);
is a Pressurized Water Tvoe Reactor (PWR); was licensed by the A.E.C.
on October 14, 1966; and construction completion is scheduled for the spring of 1969.
Westinghouse is the contractor.
4 6.
Palisades Nuclear Power Station (Consumers Power Co.
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of Mich.), Palisades Park, ccve:2 Township, Michigan; has a capacity of 700 mwe (700,000 kw); is a Pressurized Water Tvee Reactor (PWR):
was licensed by A.E.C. on March 14, 1967; and is scheduled for opera-tion by the Spring of 1970.
Combustion Engineering is the contractor.
7.
Turkev Point Station, Unit 3 (Florida Power and Light Co.), Turkey Point, Dade Co.,
Fla.; has a capacity of 722 mwe (722,000 km); is a Pressurized Water Tvne Reactor (PWR) was licensed by A.E.C. on April 27, 1967; and is scheduled to go into operation during 1970.
Westinghouse is the contractor.
8.
Turkev Point Station, Unit 4 (Fla. Power & Light Co. ),
Curkey Point, Dade Co., Fla.;.25 miles south of Miani; has a capacity i
of 722 mwe (722,000 kw); is a Pressurized Water Tvre Reactor (PWR);
was licensed by A.E.C. on April 27, 1967; and is scheduled to go into operation during 1971.
Westin~hcusa is the contracto;.
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Robert Emmett Ginna Plant, Unit l_ (Rochcstor Gas and Electric Co.), Ontario, N.Y. (formerly "Brookwood") ; has a capacity of 420 mwe (420,000 kw); is a* Pressurized Water Tvee Re-acter (PWR); was licensed by A.E.C. on April 25, 1966; and is scheduled to go into operation in 1969.
Westinghouse is the con-tractor.
In short, the evidence below will conclusively show that the A.E.C. found five times before Duke's application for a research and development license for two pressuri cd water type reactors was filed, and nine times before Duke's application for I
a research and development license for a third pressurized water i
type reactor was filed, that the pressurized water type reactor i
has practical value for commercial use.
Although said nine licenses of the Pressurized Water Type of Reactor, totalling over 5 million kw of capacity, were labelled Research and Development..' licenses, they constitute in law, both individually and collectively, a finding of the practical value og the pressurized water type of reactor for commercial use.
The upshot is that Duke was ill-advised to file its two applications for research and development licenses for three ccm-mercial pressurized water type reactors; that the Commission is wholly without jurisdiction to grant Duke's application fo,r re-search and development licenses for these three ccmmercial pres-surized water type reactors; that Duke's application for a mere research and development license for these three commercial pres-surized water type reactors must be dismissed; and that the door is
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-S-open for Duke and P.C.P.S.,
Inc. to file ccmpeting applications with the Cc= mission for commercial licenses of a kind appropriate to the respeccivo capabilitics and interests of the partios.
2.
On or before the 12th day of September 1967, Picdmont Cities Power Supply, Inc. will file with the Comnission a ecmpeting application for a license for Oconee Nuclear Station Units 1, 2 and 3 appropriate to its interests and capabilities and a true copy o[ said Application will be offered in evidence herein.
3.
Premises considered, Piedmont Cities Power Supply, Inc. respectfully suggests that the Cc= mission's ultimate finding of jurisdictional fact; i.e.,
as to whether or not the pressurized water type reactor to be employed by Duke.in the Oconee Nuclear Station, Units 1, 2 and 3, has practical value for ccamercial use, may affect the interest of your Petitioner for Leave to Intervene, within the meaning of the Atomic Energy Act, 42 U.S.C. Sec. 2239(a),
which provides:
"(a)
In any proceeding under this chapter, for the granting, suspending, revoking or Enending of any license or construction permit * *
- the Cc mission shall grant a hearing upon the re-quest of any persen whose interest may be af-fected by the proceeding, and shall admit any such person as a party to such proceeding."
Wherefore, your Petitioner for Leave to Intervene, Piedmont Cities Power Supply, Inc., respecufully moves that the Atcaic Safety and Licensing Board, S r:. c e l W. Jensch, Chairman, be ordered to certify ac the close if
,?.e evidence to be taken at the hearing ccamencing September 12c 1957, at Walhalla, South Carolina, its denial of the right of Piednont Cities Power Supply, Inc. to
parricipate by intervention in this proceeding, and that upon certificatics, said order be reversed.
Respectfully submitted, I
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Harris
'Suire 207 Stimpson-Wagner Building r" State.sville,,sGorth Carolina N;,
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