ML19344A175
| ML19344A175 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 11/29/1971 |
| From: | Mccool W US ATOMIC ENERGY COMMISSION (AEC) |
| To: | |
| Shared Package | |
| ML19344A173 | List: |
| References | |
| NUDOCS 8008060494 | |
| Download: ML19344A175 (7) | |
Text
-
n V
j UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of.
)
CONSUMERS POWER COMPANY-Docket Nos. 50-329
)
50-330 (Midland Plant, Units 1 and 2)
)
SUPPLEMENTARY NOTICE OF HEARING ON APPLICATION FOR CONSTRUCTION PERMITS On October 29, 1970, a Notice of Hearing on Application for Con-l struction Permits was published by the Atomic Energy Commission (the Comission) in the FEDERAL REGISTER (35 F.R.16749) in the captioned proceeding. That Notice designated an Atomic Safety and Licensing Board (Board) to conduct the hearing, specified the issues to be deter-mined by the Board, provided an opportunity to intervene with respect to the issues specified in such Notice to persons whose interests may be affected by the proceeding and provided an opportunity to make limited appearances to other persons who wished to make a statement in the pro-ceeding but who did not wish to intervene.
On September 9,1971, the Comission published a revision of its regulations in 10 CFR Part 50, Appendix D, " Implementation of the National Environmental Policy Act of 1969," (36 F.R.18071) to set forth ;an interim statement of Comission policy and procedure for implementation of the National Environmental Policy Act of 1969 (NEPA)N The revised
-1/ The Comission adopted certain minor amendments to revised Appendix D which were published in the FEDERAL REGISTER on September 30, 1971 (36 F.R. 19158). The-Comission adopted certain additional amendments to revised Appendix D with respect to proceedings subject-to Section D thereof which were published.in the FEDERAi. REGISTER ~on November 11
-1971 (36 F. R. 21579).
L h
m cm
~
m;
-2>
L p'
regulations req'uire the t. consideration of additional matters in applicants' k
Environmental; Reports and'in. Detailed Statements of environmental con'-
s siderations and provide,for determination by the presiding Atomic Safety and Li. censing l Boards'-in pending proceedings of specified issues in addi-
' tion to and different from those previously in issue in AEC licensinq
,l
'._ p roceedi ngs.
Notice is hereby;given, pursuant -to 10 CFR Part 2,.'" Rules of Practice,"
l and: Appendix 0 of :10 CFR Part' 50, "Licen:ing of Production and Utiliza-tion' Facilities," that in the. conduct of the captioned proceeding,-the Atomi.c Safety and Licensing Board.will, in addition to considering and-determining the issues pertaining to radiological health and safety and tne-common defense and security specified for hearing in the Notice of i
Hearing. ' this proceeding published on.0ctober 29, 1970, consider and-
- make determinations, pursuant.to the flational Environmental Policy Act of 1969,lon the matters set forth below.
1.
In the event taat this proceeding ~ is not a contested proceeding
- as defined by 10 CFR 5._2.4(n) of the Comission's " Rules of Practice,"~ the Board will determine whether the environmental review conducted by the..Comission's regulatory staff pursuant to Appendix D of 10 CFR Part 50 has been adequate.
.2.
In the event that.thisiproceeding is.or becomes' a contested proceeding, the Board will ' decide any ' matters in controversy r
2 Y
g r-
[
.?
,_ma_
m-Ai
-L---
- ~ ^
r-
+
- V
-. m among.the' parties with respect to' matters within the scope of Appendix D of 10 CFR Part 50, and will consider and decide
- whether, in accordance.with the requirements.of Appendix 0 of 10 CFR Part 50, the construction permits should be issued as proposed.
3.
Regardless of whether the proceeding is contested or uncontested, the 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 of 10 CFR Part 50 of the Commission's' regulations have been complied with in this proceeding; (b) independently consider the final balance among conflicting factors _ contained in the record of i
the proceeding with.a view toward determining the oopropriate action to be taken; (3) determine whetherf the construction permits should be granted, denied or appropriately conditioned to protect environmental values.
-This notice supersedes the Notice of Hearing published on October _29,.
1970, with _ respect to the. matters which may be raised under paragraph A.
'll of ' Appendix D of 10 CFR.Part 50,-but does not. affect the status sof any person previously admitted as a party to'this proceeding or provide an additional opportunity to any. person to intervene on the basis of,
~
or to raise matters. encompassed within, the issues pertaining to radio-logical healthiand safety and the common defense and security specified
~
m l
. for hearing lin' the ' prior above-referenced Notice of Hearing.
As they become available, any new or supplemental Environmental Report, and any new or supplemental Detailed Statement required by Appendix D of 10 CFR Part 50 will be placed in the Commission's Public Document Room at 1717 H Street, N. W., Washington, D. C. where they will be available for 1nspection by members of the public.
Copies of those documents will also be made available at the Grace Dow Memorial Library,1710 West St. Andrews Road, Midland, Michigan, for inspection by members ' f the public between the hours of 9:00 a.m. and 9:00 p.m.
o weekdays, and 9:00 a.m. and 5:00 p.m. Saturdays.
A copy rf any naw or Supplemental Detailed Statement prepared and, to the extent of supply, a cooy of any new or Supplemental Environmental Report filed, may be obtained, when available, by request to the. Director of the Div'sion of Reactor Licensing, 3
United States Atomic Energy Commission, Washington, D. C.
20545.
Any person who wishes to make an oral or written statement in this proceeding setting forth his position on the issues specified in this Notice, but who does not wish to file a petition for leave to inter-vene, may' request permission to make a limited appearance pursuant to the provisions of 10 CFR 9 2.715 of. the Commission's " Rules of Practice."
Limited appearances will be permitted at the time of the hearing in I '
the discretion-of the Board, within such limits and on such conditions.
r;
- e e
y r
--+ew
~;
~ ~
5-
. as may be fixed by the Board. Persons desiring to,make a limited appearance are requested to inform the Secretary of the Commission, United States - Atomic Energy' Comission, Washington, D. C.
20545, not later than thirty (30) days-from the date of publication of this notice in the FEDERAL REGISTER.
Any person whose interest mev be affected by the proceeding who does not wish to make a limited ' appearance and who wishes to participate
_ as a party-in the proceeding with respect to the issues set forth in this notice must file a petition for leave to intervene.
Petitions for leave to intervene, pursuant to the provisions of 10 CFR li 2.714 of the Commission's " Rules of Practice," must be received in the Office of the Secretary of the Comission, United States Atomic Energy Commission, Washington, D.
C._. 20545,. Attention:
Chief, Public Proceedings Branch, or the Commission's Public Document Room,1717 H Street, N. W., Washington, D. C., not later than thirty (30) days from i
the date of publication of this notice in the FEDERAL REGISTER.
The petition'shall' set forth the interest o_f the petitioner in the proceedino, how that interest may be affected by Commission action, and the con-tentions of the petitioner in reasonably specific detail. A petition
-which sets forth contentions relating to matters outside of the issues specified in this notice will be denied. A petition for leave to inter-vene which.is not timely will be denied unless, in accordance with p
V r
4
+
e e
_.._m m
o
/
~
' 10 CFR 9 2.714, the petitioner shows good cause for failure to file it on time.
A' person permitted to intervene becomes a party to the proceeding, and has all the rights of the applicant ~ and the regulatory staff to participate fully in-the conduct of the hearing.
For example, he may examine and. cross-examine witnesses. A person permitted-to make a limited appearance does not become a party, but may state his position and raise questions which he would like to have answered to the extent that the questions are witilin the scope of the hearing as specified in the issues set out above. A member of the public does not have the right to participate unless he has been granted the right to intervene as a. party or the right of limited appearance.
An answer to this notice, or an amended answer with respect to the issues specified in this Notice, must be filed by the applicant, pursuant to the provisions of 10 CFR 5 2.705 of the Commission's " Rules of Practice," not later than twenty (20) days from the date of publica-tion of this notice in the FEDERAL REGISTER. Parties already partici-
_pating in this ~ proceeding as intervenors with respect to the issues specified in the: Notice of Hearing dated October 29, 1970, must also j
file an answer with respect to the issues specified in this notice not laterf than twenty (20) days from the date of publication of this notice in the FEDERAL REGISTER, in accordance with the requirements of 10 CFR
- 5 2.705 of the Commission's " Rules of Practice."
a
,.s
- r'
~
-- Answers and petitions ~ required,to be filed in this proceeding nay 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 Branch, or may be filed 4
by delivery to the _ Commission's Public Document Room,1717 H Street',
N. W., Washington, D. C.
1 The date and place of furt' her hearings will be set by subsequent order of the Board and notice thereof will be provided to the parties,.
including persons granted leave to intervene on issues set forth in this notice, and will be published in the FEDERAL REGISTER.
In setting these dates, due regard w!11 be had for the convenience and necessity of the parties or their representatives, as well as Board members.
FORTHEdTOMICENERGYCOMMISSION I{$
H[. B. McCool\\
Secretary of the Commission Dated at Germantown, Maryland this 29th day of November.1971.
f*
e,
..i
- i
.m..-
--w
- e