ML19329D529
| ML19329D529 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 06/28/1968 |
| From: | Jensch S Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 8003160129 | |
| Download: ML19329D529 (6) | |
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UEIED STATES OF AMERICA AiW IC ENERGY Cole!ISSIGH I
In the Metter of i
FIDRIDL POER 'CO4.P03ATION Docket No. 50-302 (C.ystal River thit 3 Nuclear C,eneratingPlant) i cu_rnrtcATE OF SERVI 'E I
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I hereby certify that copies of an CRDER GRANTING PETITION SMT11G INTERYENTION AND DENTIEG MyrIDE TO ER0ADEN IDSUES, issued by the Atcutic Safety and Licensing Board June 26, 1963, have been served on the following hr deposit in the thited States Mail, first class or air mail, this tanty-eiahth day of Jae,1960-l 1
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Samuel W. Jensch, Esq., Chairuna Jcdear E. Dunn, Jr., Esq.
l Atomic Safety and Licensing Board Harry A. Evertz, III, Esq.
I U. S. Atomic Energy Cessaissica Florida Power Bui1Aing u-^ington, D. C.
20545 101 Pitth Street South P. O. Box 14042 l
Dr. zuanes creuling St. Petersburg, Floride 33733 Frafessor of Maysics Duke Ikiversity Gerald F. Hadlock, Esq.
Durham, North Carn 14na 27706 degulatory Staff U. S. Atomic Ener87 Ceuwaiasion l
Dr. Rush C. Paxton Vanningtcm, D. C.
20545 Los Al-a Scientific Inboratory Ios Alamme, New Mexico 67544 Honorable T. T. Turnbull Assistant Attorney General Dr. Rolf W14===an State of Florida I
Department of Civil %=aaring Tallahassee, Florida 32304 l
Stanford 1.bitersity Stanford, California 94 3)5 George Spiegel, Esq.
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2600 Virginia Avenue, N. W.
q Honorable Earl Faircloth Vanhin6 ton, D. C.
20037 Attorney nene ml State of Florida l
Tali +=asse, Florsda 32304 i
4 Boy B. Snapp, Esq.
l 1725 K Street, N. V.
Office c7 the decretary i
Weahi"Eton, D. C.
20006
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cca S.V. Jensch J.R. Yore 0.F. Hadlock F.W. Karas
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80 031601 d
1 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION IN THE MATTER OF
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FIORIDA POWER CORPORATION
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DOCKET No. 50-302 (Crystal River Unit 3 Nuclear )
Generatin6 Plant)
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ORDER GRANTING PEfITION SEEKING INTERVENTION AND DENYING MOTION TO BROADEN ISEUES The City of Gainesville, Florida,,nd Gainesville Utilities Department (Gainesville) on June 14, 1968, fil-l a Petition for leave to intervene in this proceeding and a Motion to broaden the issues prescribed for consideration. In the Petition, Gainesville alleged that it expected to become a custcmer of Florida Power Corporation (Florida Power) upon the basis of an initial decision issued by the Federal Pove r Commission which directed an inter-connection of facilities. The Petitiener further alleged that the nuclear reactor facility proposed to be constructed by Florida Power was not an experimental reactor, as Florida Power centends, but rather Gainesville believes the facility will be of substantial l
ecmmercial value in view of the anticipated addition of energy supply to the Florida Power system. Gainesville believes that ?.he reactor facility should not be authorized pursuant to Section 10hb of the j
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2-Atomic Energy Act, as amended (the Act), which relates to facili-ties involved in the conduct of research and development activicies leading to a demonstration of the practical value of such facilities for industrial or commercial purposes.
The Motion seeks to broaden the issues to be considered to include provision for Gainesville to share in t o ownership of the proposed nuclear facility. The Motion also seeks a determination whether the facility will have practical value needing authorization pursuant to Section 103 of the Act, and whether terms and conditions should be added to prevent development of a monopoly in nuclear generation or other anti-competitive acts.
Florida Power Corporation opposes both the Petit.on and the Motica by alleging that no customer relationship presently exists and by indicating that many determinations are yet to be made before such a relationship is establishec In addition, Florida Power op-poses the Motion upon several grounds including lack of jurisdiction.
The Regulatory Staff, in its answer to the Petition, contends
-that Gainesville has a status, for all practical purposes, stnilar to an established custcmer, which warrants, as a matter of adminis-trative discretion, the granting of the petition to intervene on the Section 10kb issue. While the Staff statement is that it " con-sents" to the granting of the petition to intervene, this consent 7
. is construed as requesting the Board to grant the petition. The Staff indicates that the policy of the Commission encourages the participation of a party such as Gainesville en this issue.
Respecting the Motion to broaden the issues, however, the Staff opposes the Motion upon the same ground as does Florida Power.
At the prehearing conference which convened en June 19, 1968, the Board indicated a tentative determinatien that both the Petition and the Motion should be denied upon the basis of prior Ccmmission detenninations. The Board further indicated, however, that any change or in any event the formal order to be issued respecting the Petition and Motien vould avait the femal ansvers filed by Florida Power and the Steff.
Upon a consideration of the record in this proceeding, includ-ing the contentions of the parties as well as the request of the Staff, it appears to this Board that its tentative determination regardin6 a denial of the Petition should be and is hereby rescinded and that the Commission, in granting discretion to a Board, has reflected a policy to pemit participation by petitioners such as Gainesville. While the Board believes that the position asserted by Gainesville is somewhat alternative in view of its statement that if it cannot agree with Florida Power respecting the electric service contemplated by the Federal Power CcemissL;n order for a e
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facility interconnection, that then Gainesville vitl look to some tems and conditions in an Atomic Energy Commission license, never-theless, upon the basis of the arguments and the request of the Staff herein, the Board haa decided, in the exercise of discretion, to grant the Petiticn to intervene to pemit participation by Gainesville respecting the Section 10hb contentions which relate to the jurisdictional issue, which is necessary for detemination in the proceeding in any event. In the opinion of the Board, the exercise of discretion can be guided to a substantial degree by the requests of the parties. Respecting the Motion to broaden the -
issues, however, the Board has determined that the issues sought to be added in this proceedings and as described by Gainesville,
'l are beyond the jurisdiction of this Board and that the Motion should be denied.
WEREFORE, pursuant to the Atemic Energy /.ct, as amended, and the Rules of Practice of the Cczmissicn, IT IS ORDERED by this Atomic Safety 'nd Licensing Board that the Petition to intervene filed by the City of Gainesville, Florida, and Gainesville Utili-ties Department be and it is hereby granted, limited to the issue whether the nuclear reactor facility proposed to be ccnstnicted and operated by Florida Power can be authorized pursuant to Section 10hb of the Act, and 4
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IT IS W RTHER ORDERED that the City of Gainesville, Florida, and Gainesville Utilities Department are hereby admitted as parties to the proceeding with the rights, among others, to introduce evidence, cross-examine witnesses, file proposed findings and con-clusions and briefs and arguments and to take such actions as may be taken by any ether party, and IT IS WRTHER ORDERED that the Motion to broaden issues filed by Gainesville be and it is hereby denied.
ATOMIC S EIY AND LICENSING BOARD b
By Samuel W. Jensch, Ch r=an Issued:
June 28, 1968 Gennantevn, l'aryland i
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