ML19347D245
| ML19347D245 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 03/05/1981 |
| From: | James Shea COUNCIL ON ENVIRONMENTAL QUALITY |
| To: | Buck J, Kohl C, Moore T NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8103110621 | |
| Download: ML19347D245 (1) | |
Text
EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QU ALITY 722 JACKSON PLACE N W WASHINGTON. O C. 20006 M'Itw Y
March 5, 1981 000 f k
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Thomas Pfoore, Chairman 2
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Dr. John Buck, Member (Q,
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Christine Kohl, Member Atomic Safety and Licensing 8 j
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In the Matter of Consu upany (Big Rock Point Plant) Docket No. 5 Modification) pent Fuel Pool Mr. Chairman and Members of the Board:
The Council recently received the NRC staff response to licensee's motion to strike portions of the Council's letter, dated January 19, 1981.
We offer the following comments on the filings submitted by staff and licensee.
For the first time in this proceeding, the Board asked at ural argument whether the Council's regulations implementing the National Environmental Policy Act were binding on the Commission (TR 42, 65, 88, 96).
The questioning on this issue started during the oral arguaents of intervenors and the Council, after opening arguments by licensee and staff had been completed.
Rebuttal arguments followed.
Thereafter, there was no opportunity for the Council to respond to the statements on the issue made by licensee and staff dur.ng their rebuttal arguments.
After reading the transcript of the arguments, it seemed most appropriate to clarify the Council's role in this proceeding, as well as in the regulation of NEPA's implementation.
It also appeared that the Board might benefit from receiving the Council's written views on the other issues addressed in its letter, particularly in light of the Council's NEPA oversight responsibilities.
r We urge the Board to deny the licensee's motion. (
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Shea, III unsel ec:
Service List 3
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