ML19326B036

Exceptions to Initial Decision.Board Erred in Refusing Intervenor Request to Present Evidence Re Potential Adverse Environ Effects.Brief in Support of Exceptions Encl.Initial Decision Should Be Reversed

ML19326B036
Person / Time
Site:	Davis Besse
Issue date:	04/21/1971
From:	Kalur J COALITION FOR SAFE NUCLEAR POWER, JAMISON, ULRICH, BURKHALTER & HESSER
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8003060814
Download: ML19326B036 (5)

Text

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. UNITED STATES OF AMERICA .

ATOMIC ENERGY COMMISSION s s In the Matter ) .d'

) -J.

THE TOLEDO EDISON COMPANY and ) Docket No. 50-3h6 THE CLEVELAND ELECTRIC ILLUMINATING COMPANY )

(Davis-Besse Nuclear Power Station) )

EXCEPTIONS g THE INITIAL EECISION Intervenor Coalition for Safe Nuclear Power hereby excepts to the following decisions, acts and hearing procedures by the Atomic Energy Safety and Licensing Board:

1. ine Board erred in refusing this intervenor's request to present evidence concerning the potential adverse environmental effects that will result from the con-struction and operation of the Davis-Besse Nuclear Power Station and thereby violated the terms of the National Environmental Policy Act. (h2 U.S.C. ah332 el sec.)

(See pages 38h-385)

2. The Board erred in refusing to require the Applicant to comply with the requirements of the National Environ-mental Policy Act (h2 U.S.C. Sh332 et sec.) and in a f ailing to require the A.E.C. to otherwise implement its provisions before approving the issuance of a con-struction permit.

(Ruling of the Board) 8 0 03 0 608/Y g

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3 The Board erred in refusing to require the Applicant's compliance with the National Environ-mental Policy Act, basing its decision upon 10 CFR 50 Appendix (D)(11)(a). This regulation represents agency action which is arbitrary, capricious and constituted an abuse of discretion.

h. The Board erred in issuing a construction permit when evidence of the Davis-Besse Nuclear Power Plant's anticipated environmental impact was not allowed to be made a part of the hearing evidence.

5 The Board erred in issuing a construction permit without having any evidence before it upon the environmental impact of the Davis-Besse Nuclear Power Plant as required by the National Environ-mental Policy Act (h2 U.S.C. Sh332 g seq.) and its decision is therefore not supported by reliable, probative and substantial evidence as it required by 10 CFR 52.760.

6. Tne Board erred in refusing to allow the Coalition to present evidence upon paragraph 32 of its Amended Petition to . Intervene, i.e., the safety

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Attorney for Int erv For Safe Nucle ar Powereno Copie SERVICE, have be s of en the foregoing sent April,1971: exceptions toa the followi t Ger ld ng byer gular.S.U and the brief atta S reet, N.W.

for the A.E.C, Washington, .C.

DChanoff, mail on this ched here E 205h5; and Beat. regulatory 20006;-

staff Thomas p icant, 910 S., a

_ day m 17th Floor Toledo T rice K. Bleicher , Ato ic Energy C. Engleh ommissio n , Washin., a rust Building, T , Esq., attorney fo oledo, Ohio r Interv gton, D.C.

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BRIEF IN SUPPORT OF EXCEPTIONS I

Intervenor Coalition for Safe Nuclear Power hereby adopts, as its argument for exceptions one through five, the brief of Intervenor Life as it concerns the necessity for full implementation of the National Environ-mental Policy Act, h2 U.S.C. Sh332 g seq., and the necessity of full consideration of the environmental impact of the Davis-Besse Plant.

As an habendum to Life's brief, the Coalition further contends that 10 CFR 50, Appendix (D)(11)(a) insofar as it limits implementation of IEPA to hearings set after March h,1971, constitutes a regulation in direct conflict with the effective date of h2 U.S.C. ah332 g seo., as of January 1, 1970. As such, said regulation is in direct conflict with the laws'of the United States. 10 CFR,50, Appendix (D)(11)(a) constitutes administrative rule-making action which is arbitraq, capricious, and beyond the authority of the Atomic Energy Commission. Any hearings, including the Davis-Besse hearings, conducted under its provisions are and should be declared null and void. .

II Under the terms of h2 U.S.C. 82232, the Commission is charged with determining that a f acility for which a permit is being sought will not ad-versely affect the public health and safety. The transport of radioactive waste from the Davis-Besse Plant will involve risks of public safety which "

were not considered by the Board., In point of fact, consideration of such an issue was forbidden by the ruling on paragraph 32 of the Coalition's Arended Intervention Petition.

10 CFR 950 3h(a), effective January 2,1971, should have been made applicable to the hearings. Bureaucratic efficiency is not an element Congress chooses to weigh against the public health and safety.

For the reasons stated herein, Intervenor The Coalition asks that the initia' decision be reversed and this matter be remanded for new hearings which will comply with the exceptions raised herein.

Respectfully submitted, s ,o .

N .s s . . , n .- . . n u.x Jerome S. Kalur lh26 National City Bank Building Cleveland, Ohio hh11h 216-'621-h333 Attorney for Intervenor Coalitiot for Safe Nuclear Power e

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