ML19326A913
| ML19326A913 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 11/26/1970 |
| From: | Price H US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Saxbe W SENATE |
| Shared Package | |
| ML19326A914 | List: |
| References | |
| NUDOCS 8003050811 | |
| Download: ML19326A913 (4) | |
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Dochet No. 50-346 00T' E E 1110 D
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IIonorable William B. Saxbe h,
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Dear anator Saxbe:
I a::t pleased to respond to your note of August 31, 1970, enclosing a 1ctter from Mrs. Thoitas F. L'alher concerning the Davis-p.esne 'Incicar Power Station.
The Atomic Energy Act of 1954, as ar.cnded, reqttires that a public hearing be held on all applications for construction per-its for nuclear power plants. Such hearings are held in the vicinity of the proposed site of the plant when the AEC regulatory staff and the Comission's Advisory Comittee on Enactor Safeguards have cot pleted their nafety review of the application for the conctruction pernd t and satisfied the:.sc1ves that the construction of the plant at the proposed site can be indertalen without undue rish to the health and safety of the public. The encloced hooklet, " Licensing of Poser Reactors," provides further details on this licensing process.
At the present time, a public hearing on the applientien of the Toledo Edison Cc=pany for the Davis-3csse plant is not expected to be hcid before early Decenhor 1970. When a notice of IIcaring is issued for the Davis-Lesse plant, I will see that a copy of the Notice is forwarded to Mrs. Walker. The Notice vill be issued at least 3') days prior to the hearing, and vill set forth the day, time, and place of the hearing, and the procedures by which a acaber of the public may participate in the hearing either as a party or by means of a limited appearance.
I am also enclosing a copy of 10 CFK Part 2, the Cernission's " Rules of Practice," which sets forth the various procedures applicable to the conduct of public hearings.
I would invite Mrs. Uniher's attention in particular to 10 CTR li 2.714, 2.715 and Appendix A.
Mrs. Walker asks, "Is there any way a local group could prevent the con-struction of such a plant?" First, of course, the sax neans providad by pertinent state and local lcus are availabic to the public for oppos-ing construction of a nuclear power plant as are provided for opposing the plant if it vere fueled by non-nuclear fuel.
In addition, as indi-cated above, because it is a nucicar plant requiring licensing and regu-lation by the AEC, persons vbose interests cay be affected are permitted to intervene as parties in accordance with requirements of AEC regulations.
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iionorable '.11111am B. Saxbe P.crarding Mrs. Vall.er's third gestion, local groups and individuals have intervened in a nu-Ler of past and current A7.C licensing proceedin:;s.
In one such proceeding (the proposed "alibu "uclear Plant at Corral Canyon, California), the Cor"dssion in 1967 denied the cons truction pcrelt application without prejudice to reconsideration nubject to the appli-cant;'s subrdttal of design nodifications to accorrodate potential ground displaconent that night result fron carthqu2hc activity.
In seven other instaneen utilitics have withdrcwn, deferred or po.tponed their applications for construction perr.itn before the proceeding reached the hearing stage when it becar.c apparent that the !.EC regulatory staf f would oppose issuance of the per-dt based on the proposed design or r.ito, or because of difficultics in obtaining site approvals from other govern-rental bodies dealing with natters not related to radiolo;;1 cal safety, or for other ressor.s such as further research on control of therr.al ef fects or inadequate financing.
In so c of thcac ins tances, there also was evidence of opposition to the proposed plant from local groups.
Sincerely, 1 si-rad i Hwid L Price Marold L. Price Director of Tagulation Enclosures 1.
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DocLat No. 50-346
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Honorable William B. Saxbe United States Senate Dear Sonator Saxber I am pleased to respond to your note f August 31, 1970, enclosing a letter from Mrs. Thm.as F. Walker c'oncerning the Davio-Ersne Fuclear Fover Station.
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The Ato:aic Energy Act of 1954,'as snended, requires that a public hearing be held on all applications for construction permits for nucicar power plants.
Such hearings are held in the vicinity of the proposed site of the plant when the AEC regtilatory staff and the Co:nicsion's Advisory Com:xittee on Reactor Safeguards have conpleted their safety review of the application for, the. construction permit and satisfied thennelves that the construction of the plant at the proposed sito can be undertchen i
without undue risk to,the health and safety of the public. The encioned booklet, " Licensing ofsPower Reactors," provides further details on this 1
licensing process. /
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,,) At the present time, a public hearing on the application of the Toledo Edison Compeny fdr the Davis-Besse plant is not expected to be held d.befiirTifove_mbe'r 1970. When 'a Notice of Ecaring is issued for the Davis-
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Besse p15iit7I'v111 see that a copy of the Notice is forwarded to
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Hrs.. Walker./ The Notice will lie issued at least 30 days prior to the hearing, and will set forth the ' day, time, and place of the hearing, and
'the proccdures by which a cember of the public nay participate in the hearing either as a party or by means of a limited appearance.
I as also/
x enclosing a copy of 10 CFR Part 2, the Co= mission's " Rules of Practice," which sets forth the various,yrocedures applicable to the conduct of public bearings. I would invite Mrs. Valker's attention in
.particular to 10 CFR li 2.714, 2.715 and Appendix A.
i th-respect to Mrs. Walker a'second question, several applications 4
have been' withdrawn ~1ry applicants for nuclear power plants prior to M
the completion'or'the AEC review when it becana apparent that the AEC i
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Sincerely,
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Harold L. Price
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