ML19329C194
| ML19329C194 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 12/19/1972 |
| From: | Bender P NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML19329C192 | List: |
| References | |
| NUDOCS 8002120920 | |
| Download: ML19329C194 (7) | |
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anea UNITED STATES OF AMERICA O
ATOMIC ENERGY COFMISSION d!j
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THE Thi.EDO EDTSON COMPtNf, AND THE )
CIEi.EL FM.CSIC IL'.UMI'.:ATING
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Decket No. 50-346 CG*EIR Y
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(Davim-Lesse Sucicar 2cuer Scation )
NOTICC 0F HE/21NO PERSU.uT TO 10 C.R PART 50, APPENDIX D, SECTICM B The Toledo Edison Company, and The Claveland Electric Illuminacing Company (the licencces) are the holders of Construction Permit No. CPPR-80 (the Coastruction ?armit), issued by the Atomic Energy Cormission on March 24, 1971. The Construction Permit authorizes the licensees to construct s pres: uriced tater nuclear reactor, designated as the Davis-Ecsso Nuclear Power Station, at the licensecs' site on the southwestern shore of Lake Eric in Ottaua County, Ohio. The reactor is designed for initial operation at approxt::utely 2633 regawatts (thermal).
The facility is subject to the provisions of Section 3 of Appendix D to 10 CHI Part 50, which sets forth procedures applicable to review of environmental considerations for production and utilization facilitics for which construction permits or operating licenses core issued in the period January 1,1970 - September 9,1971. Notice is hereby given, pursuant to the Atomic Energy Act of 1954, as amended, and the regulations in 10 CFR Part 2, " Rules of Practice," and Appendix D to 10 CFR Part 50,
-'_'Impicmentation of the National Environmental Policy Act of 1969," that a hearing will be held in the captioned proceeding by an Atomic Safety and 8002120 72 o U
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2-Licensing Board- (Board) at a _ time and place to be fixed by subsequent order of the Board to consider and make determinations on the matters 2
4 set forth below:
- 1. In tha event that this procceding is not a contested proceeding ac defined by 10 CFR 52.4(n) of the Co=nission's " Rules of Practice,"
the Board will without conducting a de novo evcluation of the applicacica determine whether the environmental review conducted by the Cormission's regulatory staf f pursuant to Appendix D of 10 CFR Part 50 has been adequate.
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- 2. In the event that this proceeding is a contested proceeding, the Eoard will decide any matters in controversy arang the parties within the scope of Appendix D to 10 CFR Part 50, uith regard to whether, in accor-dance with the requirements of Appendix D to 10 CFR Part 50, the construc-I tion permit should be continued, modified, tercinated or appropriately conditio'ned to protect' environmental values.
- 3. Regardless of whether the proceeding is contested or uncontested,
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thc Board will, in accordance with section A.ll of Appendix D of 10 CFR Part 50, (a) ' determine whether the requirements of section 102(2)(C) and (D) of NEPA and Appendix D to 10 CFR Part 50 of the Comission's regula-tions have been complied with in this proceeding; (b) independently,
consider the final balance arong conflicting factors contained in the record of the proceeding with a view toward determining the appropriate action to be taken; and (c) determine, af ter weighing the environmental, 4
cconomic, technical and other benefits against environmental costs and 1
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s concidering available ' alternatives, whether the construction permit should be continued, - modified, terminated or appropriately conditioacd to protect environmental values.
The Ecard will be designated by tha.'. tonic Energy Com:.ission. Notice as to its membership will be published in the EDEFAL REGISTER. Within thirty (30) days frem the date of publication of this present notice in the FEDERAL FIGISTER, any person whose interest may be affected by this proceeding may file a petitica for leave to intervene with respect to whether, considering those matters covered by Appendix D to 10 cm Part 50, the construction permit should be centinued, modified, teraf na-ted, or appropriately conditioned to protcet environmental values.
.Rcqucsts for a hearing and petitions for leave to intervene shall be filed in accordance with the Commission's " Rules of Practice" in 10 Cm Part 2..
I A petition for leave to intervene must be filed under oath or f-affirmation in accordance with the provisions of 10 CFR 52.714. As l
required by 10 CFR 52.714, a petition for leave to intervene shall set l
forth the interest of the petitioner in the proceeding, how that interest may be affected by the results of the proceeding, and any other contentions of the petitioner including the facts and reasons why he should be per-mitted to intervene, with particular reference to the following factors:
i (1) the nature of the petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect I
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. of any order which may be entered in the proceeding on the petitiencr's in te re st. Any such petition shall be accompanied by a supporting af fidavit identifying the specific aspect or aspects of the subject
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matter of the proceeding a s to which the petitioner wishes to intervene and setting forth with particularity both the facts pertaining to his interect and the basis for his contentions with regard to each aspec t en which he desires to intervene. A petition thst sets forth contentions relating only to matters outside the jurisdiction of the Commission will bc denied.
A request for a hearing or a petition for leave to intervene must be filed with the Office of the Secretary of the Conaission, United States Atomic Energy Consission, Washington, D.C. 20545, Attention:
4 Chief, Public Proceedings S taf f, or may be delivered to the Co= mission's Public Document Room,1717 H S treet, N.W., Washington, D.C., not later than thirty (30) days from the date of publication of this notice in the FEDERAL REGISTER. A petition for leave to intervene which is not timely will not be granted unless the Connission determinos that the petitioner has made a. substantial showing of goed cause for failure to file on time and af ter the Commission has considered those factors specified in 10 CFR 5 2.714(a).
Any person who does not wish to, or is not qualified to, ecome a party to this proceeding concerning continuation, modification, termina-tion, or conditioning the construction permit may request permission to make a limited appearance pursuant to the provisions of 10 CFR !2.715.
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_5-A person making a limited appearance may only make an oral or written state:::ent on the record, and may not participate in the proceeding in Limited appearances will be permitted at the time of 'hc any other way.
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. hearing in the discretion of the Board, within such limits an conditions as may be fixed by the Board. Percons dec1 ring to make a limited appocrance arc requested to info r= the Secretary of the Co :::tissien, Onited Stutca Atomic Energy Co=:ission, Washington, D.C. 20545, not later tinn thirty (30) days from the date of publication of this notice in the FEDl%\\L RISISTER.
A person permitted to take a limited appearance does not become a
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party, but may state his position and raise questicrs uhich he would like to have answered to the extent that the questions arc within the scope of the hearing as specified in the issues set out above.
An answer to this notice, pursuant to the provisions of 10 CE 52.705, must be filed by the licensecs not later than twenty (20) days from the date of publication of this notice in the FEDERAL REGISTER.
Papers required to be filed in this proceeding may be filed by mail or telegram addressed to the Secretary of the Commission, United States Atomic Energy Commission, Washington, D.C. 20545, Attention:
Chief, Public Proceedings Staff, or may be filed by delivery to the Commission's Public Document. Room,1717 H Street, N.W., Washington, D.C.
In the event that this proceeding is not contested, the Board will convene a prehearing ccnference of the parties within sixty (60) days af ter t.
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this Notice of IIcaring or such other tinc as may be appropriate, at a time and place to be set by the Board. It will also set the schedule for the evidentiary hearing. Notice of the prehearing conference and the hearing will be published in the FEl>ERAL RZGISTER.
In the event tint thin proceeding becomes a contested proceeding, the board will convene a special prehearing conference of the parties to i
the proceeding and persons who have filed petitions for leave to intervanc,-
or their counsel, to be hold within sixty (60) days from the date of publi-cation of this notice in the FEDERAL REGISTER, or within such other time as may be appropriate, at a place to be set by the Ecard for the purpose of dealing with the n:atters specified in 10 CFR 5 2.751a.
The Board will convene a prehearing conference of the parties, or 4
their counsel, to be held subsequent to any special prehearing conference and within sixty (60) days af ter discovery has been completed, or within such other time as may be appropriate, at a place to be set by the Board for the purpose of dealing with the matters specified in 10 CFR $2.752.
Notices of the dates and places of the special prehearing conference, the prehearing conf erence and the hearing will be published in the FEDERAL REGISTER.
For further details pertinent to the matters under consideration, see the licensecs' Environmental Report dated August 3,1970, as suppicmented July 6,.1972, which is available for public inspection at the Corraission's
.Public Document Room, 1717 11 S treet, N.W., Wa shin;; ton, D.C., between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday and at the Ida Rupp
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% Public Library, Port Clinton, Ohio between the hours of 10:00 a.m. -.t.o 8:00 p.m. flonday through Saturday. As they become available, the following documents also will be availabic at the above locations:
(1) the Cot =nission's draf t detailed statement on environmental considerations pursuant to 10 CF2 Part 50, Appendix D; and (2) the Commission's final detailed statement on environmental considerations.
Copies of item-(2), when available, may be obtained by request to Ucputy Director for Reactor Projects, Directorate of Licensing, U. S.
Atomic Energy Corr. mission, Washington,.D.C. 20545.
Uith respect to this proceeding, pursuant to 10 CFR 52.785 an Atomic Safety and Licensing Appeal Poard will exercise the authority an<1 the review function which uould otherwise be exercised and perforced
-by the Commicsion. Notice as to the membership of the Appeal Board will be published in the FEDERAL REGISTER.
UNITED STATES ATOMIC ENERGY CO?CIISSION.
i By W/2 0.(*. MA, Paul C. Ecuder
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Secretary of the Cormaission Dated at Germantown, Maryland, this19thday of December,1972.
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