ML19319D118
| ML19319D118 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 05/09/1972 |
| From: | Kalur J COALITION FOR SAFE NUCLEAR POWER, JAMISON, ULRICH, BURKHALTER & HESSER |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8003120708 | |
| Download: ML19319D118 (4) | |
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l UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION Before Atomic Safety and Licensino Board in the Matter of:
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THE TOLEDO EDISON COMPANY
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and
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DOCKET NO. 50-346 THE CLEVELAND ELECTRIC
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ILLUMINATING COMPANY (Davis-Besse Nuclear Power Station) )
MOTION TO REOPEN SUSPENSION HEARINGS Intervenor Coalition For Safe Nuclear Power hereby moves this Board for an order reopening the suspension hearings for the purpose of the admission and consideration of evidence relating to the environmental hazards of the Davis-Besse piant during its proposed operation.
The argument supporting this motion is set out in the attached brief.
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Jerome S. Kalur 4):torney for Intervenor:
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CERTIFICATE OF SERVICE I hereby certify that copies of " Motion t6 Recpen Suspension Hearings" were served upon the following, by deposit in the U. S. Mai1, postage prepaid, this 9th day of May, 1972:
Jerome Garfinkei, Esq., Chairman Secretary (20)
Atomic Safety and Licensing Board U. S. Atomic Energy Commission U. S. Atomic Energy Commission Washington D. C. 20545 Washington, D. C. 20545 Attn:
Chief, Public Dr. John R. Lyman Department of Environmental Martin Malsch, Esq.
Sciences Office of the General Counsel The University of North' Carolina U. S. Atomic Energy Commissio,
Chapel Hill, North Carolina 27514 Washi ngton, D. C. 20545 Or. Emmeth A. Luebke Gerald Charnoff, Esq.
610 Foxen Drive Shaw, Pittman, Potts &
Santa Barbara, California 93105 Trowbridge 910 17th St. N. W.
Washington, D. C. 20006 4 A nmL. S,
n h.3 Jerome S. Kalur i
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3RIEF IN SUPPORT OF MOTION Ouring the course of the suspension hearings held in Toledo, Ohio between May 2, 1972 and May 4, 1972, this Board, on numerous occasions, ruled as inadmissible any evidence with l respect to identification of the radiological environmental harm that may result from the planned operation of the Davis-8 esse plant.
This Board held such evidence inadmissible although all three parties, i.e., the permittees, the regulatory staff and the intervenors, believed such evidence not only relevant out essential to a proper suspension decision under the established criteria.
The aforesaid hearings were ordered by the Court of Appeal for the District of Columbia.
On page four (4) of the slip opinion, the Court was specific in its discussion of the added criteria that must ce considered in suspension proceedings under 10 CFR 550, App. D. E(2)('):
o Omi tted f rom these f actors and f rom meaninaful exposition in the initial j
Commission decision not to suspend the permit nere in question, is a cons 1 aeration j
central to the Calvert Cliffs' deci sion,
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i.e., whether the environmental harm j
outweighs the economic cost of abandonment.
in order for the Commission to be in a po.sition to fulfill l l its substantive responsibilities under $101(b) of tne National Environmental Policy Act of 1969 (42 U.S.C.
4331(b)), the
economic commitment and its effect on the eventual NEPA decision be a part of the evidence before this 'oard.
By preventing B
must quantification and identification of the environmental harms of. operation which could require abandonment of the project, this Board has foreciosed the most important line of suspension
-inquiry.
This does not require the Board to conduct a full NEPA review, but it does require identification of the harms so that they may enter the suspension decision process.
Intervenors ask that the hearing be reopened and that this Board alter its ruling so that a full and proper suspension hearing record may be made.
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Jerome S. Kalur At orney for intervenor e
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