ML19319D565
| ML19319D565 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 06/14/1968 |
| From: | Spiegel G GAINESVILLE, FL |
| To: | |
| References | |
| NUDOCS 8003170716 | |
| Download: ML19319D565 (7) | |
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UNITED STATES OF AMERICA
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e ATOMIC ENERGY COMMISSION In the matter of
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Florida Power Corporation
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Docket No.30-302 (Crystal River Unit 3 Nuclear
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Generating Plant)
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PETITION FOR LEAVE TO INTERVENE AND MOTION TO BROADEN ISSUES 1.
The City of Gainesville, Florida, and Gainesville Utilities Department (collect,ively referred to as "Gainesville"), in accordance with Section 189 of the Atomic Energy Act of 1954 ("Act"),
and Section 2. 714 of the Co mmission's " Rules of Practice, " hereby request a hearing and petition to intervene in the above entitled proceeding so as to be admitted as parties with full right to submit testimony, to cross-examine witnesses, to file proposed findings, conclusions and briefs before the Atomic Safety and Licensing Board for initial decision, to file exceptions and briefs to the Commission, to participate in ort.1 argument, and to take such other actions as may be taken by any other party.
2.
This case involves the applicatio.1 under Section 104(b) cf the Atomic Energy Act of Florida Power Corporation for a provisiont.1 9
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s construction permit for its Crystal River Unit 3 Nuclear Generating Plant with ultimate gross generating capacity of appro::imateb SS5
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megawatts. Gainesville operates'an electrical genarating, trr.nsmittin;,
and distribution system in and about the City of Gainesville. h has a generating capability of approximately 116,000 kw and a recent peak demand of 59,800 kw.
Florida Power also serves within and hbout the City of Gainesville. Gainesville is seeking by application to the Federal Power Commission an interconnection with Florida Power Corporation and the interchange of capacity and energy, and the Presiding Examiner on January 17, 1968, issued an initial decision ordaring the interconnection subject to terms and conditions, as to
'vhich both parties have taken exception. (Gainesville v. Florida Power
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Corn., FPC Docket No. E-7257).
3.
Gainesville anticipates that the interconnection will eventually be made, a:id, under such interconnection, arrangements vill be made for, among other things, the purchase and sale of power, and the coordination of system planning and development. Gaine sville is interested in the possibility of participating'with Florida Power Corporation in the financing and construction,of the proposed plant,,
- ^gether with the purchase of such output, as a possible alternative to
- construction of additional local generators. It hopes to commence
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negotiations shortly and anticipates that mutual agreement can be reached.
Gainesville is therefore interested in the type and validity of the license issued by the Atomic Energy Commission since, if i:,
in fact, is unable ;o. gree with Florida Power over terms of par:icipt tion, it will nees.
to look to such rights as may be established by the terms and conditions of the license.
4.
Gainesville submits that, in applying for a license to erect a nuclear power reactor that it believes will produce elec:ric power at lower cost than conventional generation, Florida Power is in fact applying for a " commercial license" within the meaning of Sectic! 103 of the Act and tha,t therefore the Commis sion lacks jurisdiction to gran:
this application under Section 104 of the Act, for a research and develo ment license.
This is disclosed on the face of the application, and in Florida Power Corporation's correspondenc.e with the Commission The proposed plant is one which, in fact, has " practical value" within the meaning of Section 102..
Accordingly, the application should be withdrawn or dismissed, and a new application presented under Section
- 103.
- 5. 'It would be Gainesville's purpose to see that the license, whether it be processed under Section 103 or 104, he conditions.
so as to provide a reasonable opportunity for smaller electric utilities e
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interconnected with Florida Power to participate in ownership and output purchase on terms fair and reasonable to all parties, 'and also conditioned so as to prevent development of a monopoly in nucicar generation or other anti-competitive acts.
6.
The Commission and Gainesville must be concerned under Section 105(c) and Section 104(b) as to whether the issuance of a commercial license to Florid + Power under Section 103, and the terms and conditions thereof, would ".... significantly affect the licensee's activitie s under the anti-trust laws...." or ".... would tend to create or maintain a situation inconsistent with the antitrust laws" and must obtain information so as to be able, upon request, to give the Attorney General advice.
7.
The Commission and Gainesville must be concerned as to whether the actions of Florida Power will result in failure to
.... lead to major advances in the application of atomic energy for industrial or commercial purposes..... " The Commission is also obligated to carry out the Congressional Declaration of Policy, that "the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare" and '
further, that it "shall be directed so as to.... improve the general welfare, increase the standard of living, and strengthen free competition
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in private enterprise. " (Section 1 of the Act).
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8.
Moreover, under Secfion 3 of the Act, Congress requires Commission effectuation of these policies "by providing for.
(d) a program to encourage widespread participation in the development and utilization of atomic energy for peaceful purposes to the maximum extent.
" This program must be reflected in the type and terms of any license issued herein.
9, The information and evidence concerning the foregoing can and must be developed and determined at the public investigatory hearing contemplated under the Act and now scheduled to commence July 16,1968. On the basis of the record of such hearing, the Commission can take such action as may_ be necessary to assure that construction ie authorized only on the basis of a proper statutory license containing appropriate conditions.
- 10. In this regard, the Commission is hereby moved to broaden the issues to encompass the question of whether the proposed plant is one having practical value, and the terms and conditions necessary J
to assure the policies set forth above.
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WHEREFORE, for the foregoing reasons, Gainesville prays that the Commission will grant hearing, intervention, and broadening.of the issues as herein requested.
Respectfully submitted, CITY OF GAINESVILLE, FuGRIDA, and GAINESVILLE UTILITIES DEPARTMENT
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By ~
George 'Spiegct/
Their Attorney 2600 Virginia Avenue, N. W.
Washington, D. C.
20037 i
June 14,1968 e
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1 IIII'li:D STATES OF A:421ICA ATGtIC EliEaGY CC16:ISSION In the Matter of
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FIhnIDA PO*Cl CORPCRiTIO!!
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(Crystal River thit 3 22:. lear
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Docket No. 50-302 omnerating net)
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gBTIFICA'IE OP SE%TCE I bezety certify that copies of PEZ1TI0tt FCB IKATE TO ImERVEME AND WTICII 'E0 Bil0ADEN IE3'.!ES dated June 3,1963 in the capticsaed matter have been served on the following by deposit in the thited States anti, first class or air assil, this 14th day of June 1963:
Samael W. Jensch, DJq., Chairman Ed r.r H. Dtmn, Jr., Esq.
t Atenie Safety and Licensin6 Daard Earry A. L7ertr., III, Esq.
U. S. Atomic Energy C:enisolcx1 Florida Power Dair*1ng Va*=gton, D. C. 20545 101 Fifth street couth P. O. Ecr 1h% 2 Dr. Euscce cruelinc st. Petersburg, norida 33733 Professor of Pkmica Duke tativersity noy D. ennyp, Esq.
Durban, north Creolina 2no6 1725 x street, n. v.
Washington, D. C. a>W Dr. Hu6h C. Pa:rion Ims Almacs Beimtific Lcboratory Gerald F. Hadi~,Esq.
Ios ALeno, 3rv Mexico 3T5%
@ tory Staff U. C. Atemic EnerEy Commission Dr. Bolf Eliassen W agton, D. C.
Departamntt of Civil Ehgineering Stanford Univorcity Ecnorable T. T. Turnbull Stanford, Craitornia 94 03 Assistant A+.torney General 3
State of R eida Emaorable 12trl Faircloth Tallaheesee, Florida 323%
Attorney Ceneral, State of Florida Tallahaast>c, Florida 32304
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Office of the becretary cc: Mr. Jensch it'. Yore Mr. Erdloch I'. Xarns D
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