ML19340A287
| ML19340A287 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 10/29/1973 |
| From: | Davis F US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19340A288 | List: |
| References | |
| NUDOCS 8003050689 | |
| Download: ML19340A287 (9) | |
Text
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L ( (.h UNITED STATES OF AMERICA ATO:IC E:;ERGY CO::MISSIO:1 10/29/73 Before the Atomic Safety and Licensinc Ecard In the !-:atter of
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THE TOLED0 EDISO:i C0::PAi!Y and
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THE CLEVELAi;D ELECTRIC
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Docket fio. 50-346 ILLUMII ATli:G COMPAtlY
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(Davis-Besse I:uclear Power Station)
AEC REGULATORY STAFF'S Af! SUER TO THE I:0TICi TO WITHDRAM 0F THE C0ALITIO:: FOR SAFE ELECTRIC POUER I!lTRODUCTIOil A.
Federal Register flotice On April 19, 1973, the Atcmic Energy Conmission (Commission) issued a "flotice of Receipt of Application for Facility Operating License; flotice of Consideration of Issuance of Facility Operating License and flotice of Opportunity for Hearing" (flotice) with respect to the captioned matter.
The Notice was published in the Federal Register on April 30, 1973 (38 F.R. 10661).
The llotice provided, in part, that:
The facility is subject to the provisions in 10 CFR part 50, appendix D, for notice of opportunity for filing petitions for leave to intervene...on environmental considerations related to issuance of the facility operating license.
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m i 3 On or before May 30,1973,...any person whose
' interest may be affected by this proceeding may i
file. a petition for leave to' intervene....
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.[P]etitions for leave to intervene shall ba l
filed in accordance with the Cor, mission's rules i
of practice in 10 CFR part 2.
If a... petition for l
leave to in+ervene is filed within the time prescribed in this notice, the Commission or an L
atomic safety and' licensing board designated by L
the 'Cotmission or by the Chairman of the Atomic l
Safety and Licensing Board Panel will rule on the...
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-petition and the Secretary or the designated atomic safety and licensing board will issue a notice of 7
hearing or an appropriate order.
An Atomic. Safety and Licensing Board-(Board) was established on June 6, 1973, to rule on such petitions for leave to intervene.
B.
Letter from Iir. Russell 0. Taylor and Petition of the~ City of Cleveland, Ohio In-' response to-the liotice, a letter dated fiay 7,1973, from Mr. Russell.0. Taylor, and a. petition and supporting affidavit both dated May 30, 1973, from the City of Cleveland, Ohio, were received.
-In its i:emorandum and Order dated July 10,1973, (July Order) the Board denied these petitio'ns.
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Motions 'of the State of Ohio l.
1On May 30,- 1973,- the-State of Ohio (State) filed a Motion, requesting l.
an additional thirty: days, until June ~ 29,.1973, within which to file a 'petitionifor" leave 'to intervene. ' On June 29,1973, the State filed y
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another motion in which it requested an extension of time until July 30,1973, within which to file a petition for leave to intervene.
The staff responses to both motions indicated that, if the motions were granted and a petition was forthconing within the times. requested, the staff would not object to it on grounds of timeliness.
The Applicant responded to neither motion.
The Board's July Order denied the State's June 29 motion, but the State was given until July 25, 1973 to file a petition, if it chose to do so.
On July 30, 1973, the State, by its Assistant Attorney General, filed a " Motion for Reconsideration of Foreclosure of State of Ohio's Participation in the AEC Operating Proceeding."
The Motion requested that the Board rescind in [ sic] order of July 10 insofar as the State of Ohio is dismissed as a potential intervenor.
lie request further that the Board issue an order that the State need not submit a petition to intervene until such time as the AEC has defined the issues to be considered at an operating license proceeding....
The Board, in an August 13, 1973 tiemorandum and Order (August Order),
denied the motion for reconsideration of the State, except that the Board permitted the State an additional seven days in which to file a petition to ii.;ervene.
To date, no petitica has been forthcoming from the State.
- s D.
Petition of the Coalition for Safe Electric Power By letter dated June 4,1973, tlie Coalition for Safe Electric Power (Coalition) submitted a Petition for Leave to Intervene in this proceeding.
In their responses, the Applicants and the regulatory staff both pointed out the untimeliness of the Coalition's petition, and urged its denial for that reason and for its failure to comply with the more substantive requirements of the Commission's Rules of Practice (10 CFR Part 2).
In its July Order, the Board denied the Joalition's petition unless the Coalition made a showing of good cause why its petition should be considered timely within fifteen days frcm the date of the Order.
The Coard further indicated that it was prepared to admit two specified contentions of the Coalition as issues should an adequate showing of good cause be made.
By a document dated July 24, 1973, the Coalition enumerated the reasons for its untimely filing.
In their responses, the Applicants and the regulatory staff both indicated that, in their views, the Coalition had made a sufficient showing of good cause to justify the untimely petition.
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In the Board's August Order, it found that good cause had been shown by the Coalition, that it would be admitted as an intervenor, and that a haaring would be held on two of the Coalition's contentions.
Pursuant to the August Order and to 92.751a of the Commission's Rules of Practice, on September 19, 1973, the Board issued a "iiotice and Order for Special Prehearing Conference," wherein October 12, 1973, was set for a prehearing conference; however, on October 10, firs. Evelyn Stebbins, the chairman of the Coalition, informed the Board by telephone that the Coclition was withdrawing from the proceeding.
The Coalition confinaed t"is by a letter dated October 11, 1973.
The prehearing conference was therefore cancelled.
On October 18, 1973, the Board issued a !!emorandum and Order which treated the Coalition's letter as a motion to withdraw.
It also stated that "[s]ince there is no other matter in controverty between the parties, and since the Board sees no reason to continue the proceeding, it would appear that the proceeding should be terminated...."
~ne regulatory staff herein also treats the October 11 letter from the Coalition as a motien to withdraw.
DISCUSSION Both Part 2 and Section B of 10 CFR Part 50 Appendix D contemplate a hearing on an Applicant's application for an operating license only in the event of an intervention.
In light of the Scard's denial of the letter from IIr. Russell 0. Taylor and of the Petition of the City of Cleveland, Ohio, they have not successfully intervened and placed matters in controversy.
Nor has the State of Ohio ccme forth with 3 petition for leave to intervene, after several opportunities to do 50.
The Coalition, on the other hand, had intervened and placed matters in controversy.
The Board, in turn, indicated in its August Order that a hearing would be held on these matters.
By the withdrawal of the Coalition, however, there no longer remains any matter in controversy among the remaining parties.
The occasion and need for a hearing under Part 2 and Appendix 0 of Part 50 have therefore been removed, and the pro:eeding may properly be terminated.
. s C0:1CLUSION For the foregoing reasons, the regulatory staff believes that the Coalition's motion to withdraw should be granted, and that this proceeding should be terminated.
Respectfully submitted, f
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p Francis Y.. Davis Counsel for AEC Regulatory Staff Dated at Bethesda, Maryland, this 29th day of October, 1973.
UNITED STATES GF AMERICA ATOMIC ENERGY COMMISSION Before the Atoraic Safety and Licensine Board s
In the Matter of
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TOLEDO EDISON COMPANY AND THE
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CLEVELAND ELECTRIC ILLUMINATING
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Docket No. 50-346 -
COMPANY
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(Davis-Besse Nuclear Power Station)
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CERTIFICATE OF SERVICE I hereby certify that copies of "AEC Regulatory Staff's Answer to the ilotion to Withdraw of the Coalition for Safe Electric Power," dated October 29, 1973, in the captioned matter, have been served on the following by deposit in the United States mail, first class or air mail, this 29th day of October,1973:
John B. Farmakides, Esq., Chairman Mr. Russell O. Taylor Atomic Sciety and Licensing 2033 Cedar Peint Road i
Board Panel Sandusky, Ohio 44S70 U.S. Atomic Energy Commission i5 Washington, D.C.
20545 Ms. Evelyn Stebbins, Chairman Dr. Cadet H. Hand, Jr., Director Coalition for Safe Electric Power Bodega Marine Laboratory 705 Elmwood Road University of California Rocky River, Ohio 44116 P.O. Box 247 Bodega Bay, California 94923 Gerald Charnoff, Esq.
Shaw, Pittman, Potts & Trowbridge Mr. Frederick J. Shon 91017th Street, N.W.
Atomic Safety and Licensing Washington, D.C.
20006-Board Panel U.S. Atomic Energy Commission Atomic Safety and Licensing Washington, D.C. 20545 Appeal Board U.S. Atomic Energy Ccmmission Judge Herbert R. Whiting, Director Washington, D.C.
20545 Robert D. Hart, First Asst. Director Department of Law Atomic Safety and Licensing City Hall Board Panel Cleveland, Ohio 44114 U.S. Atomic Energy Commission Washington, D.C.
20545
. Blaine Fielding, Esq.
Mr. Frank W. Karas Assistant Attorney Genet al Chief, Public Proceedings Staff
. State of Ohio Office of the Secretary of the Room 829-A Seneca Towers
. Commission 361 East Broad Street U.S. Atomic Energy Commission Columbus, Ohio 43215 Washington, D.C.
20545 Russell Z. Baron, Esq.
Brannon, Ticktin, Baron & Mancini 930 Keith Building Cleveland, Ohio 44115 Donald H. Hauser, Esq.
Corpcrate Solicitor The Cleveland Electric Illuminating Company P.O. Box 5000 Cleveland, Ohio 44101 Cs,
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Francis X. Davis Counsel for AEC Regulatory Staff l
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