ML19326A840

Motion to Certify Question of Requiring Presence & Testimony of Director of Regulation at 720707 Suspension Hearing. Certificate of Svc & Js Kalur Brief in Support of Motion Encl

ML19326A840
Person / Time
Site:	Davis Besse
Issue date:	07/03/1972
From:	Kalur J COALITION FOR SAFE NUCLEAR POWER
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8003050747
Download: ML19326A840 (3)

Text

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s UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION Before Atomic Safety and Licensing Board In the Matter of: )

THE TOLEDO EDISON COMPANY -)

and Docket No. 50-346 THE CLEVELAND ~ ELECTRIC )

ILLUMINATING COMPANY .

)

MOTION TO CERTIFY THE QUESTION OF REQUIRING PRESENCE AND TESTIMONY 0F DIRECTOR OF REGULATION l l

1 Pursuant to 10 CFR $2.720 (h)(2)(i), intervenor j Coalition for Safe Nuclear Power hereby moves the presiding off icer of this Board for the issuance of an order certifying  !

-to the Commission the question of whether the Director of Regulation should be required to attend and give testimony 1

, at the remanded suspension hearings beginning July 7, 1972.

Said motion is made for the reason that the Director of Regulation has. personal and unique knowledge of the effect of increased construction cost during the NEPA review period 1

and the effect of such costs upon the ultimate NEPA decision, )

l both as to the Davis-Besse plant and similar nuclear power plants upon' which similar analyses have been carried out.

l. \ c2,,\;:.'., '

N\.. .s ..

g Jerome S. natur Counsel for intervenors i

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5 CERTIFICATE OF SERV!CE I hereby certify that copies of the foregoing Motion were served on the following, by deposit in the U. S. Mail '

on July 3, 1972:

Secretary (20) +

U. S. Atomic Energy Commission Washington, D. C. 20545 '

Attn: Chief, Public Proceedings Branch Martin Malsch, Esq.

• Office of General Counsel U. S. Atomic Energy Commission Washington, D. C. 20545 Gerald Charnoff, Esq.

~

Shaw, Pittman, Potts & Trowbridge 910 17th Street, N. W.

Washington, D. C. 20006 Jerome.Garfinkel, Chairman Atomic Safety and Licensing Board Panel U. S. Atomic Energy Commission Washington, D. C. 20545 hWi ^al n tt x erome S. Kalur l

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BRIEF IN SUPPORT OF MOTION The Court of Appeals for the District of Columbia has stated in-its original suspension hearing remand order

, that the " paramount consideration" must be the degree to which the added irretrievable commitment by the Permitees during the NEPA review period "might affect the outcome of the final N.E.P.A. process." The individual who knows most about how the addition of $28,639,000 to the Davis-Besse costs will affect .the final NEPA decision is the Director of Regulation. By passing upon numerous other nuclear plants up for construction review, including the initial (and now set aside) Davis-Besse plant, L. Manning Muntzing has acquired.a unique insight and knowledge of the AEC internal NEPA decision process.

If the Director of Regulation is not ordered to appear, the intervenor Coalition will be precluded from presenting evidence upon the " paramount" issue on remand.

While the Coalition is now to be permitted to present evidence on the radiological dangers to the environment of plant operation (both normal and abnormal), the evidence is useless unless it can be tied into the effect that such evidence will have on the AEC-NEPA-decisional process. That

- evidence can only be supplied by cross-examination of the individual most familiar with that process.

Respectfully submitted, Dated: July 3, 1972'

\ uso S Kalur\\ b s N /q e r o m e S .

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