ML20027A192

Alleges That Recent Notice of Hearing & Newspaper Ads Re Intervention in Hearings by Citizens as Individuals Defective,Based on Fact That Right of Local Govts to Participate Not Brought to Attention of Local Units

ML20027A192
Person / Time
Site:	Fermi
Issue date:	09/15/1978
From:	Asperger R AFFILIATION NOT ASSIGNED
To:
References
NUDOCS 7810230373
Download: ML20027A192 (2)

Text

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UNITED STATES OF AMERICA 7

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Nuclear Regulatory Commission r':

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The Atomic Safety and Licensing Board alIS,79 n

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Docket 505341 The Detroit Edison Co.

Enrico Fermi Unit II

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For Publishine of a Non-Defective Notice of Hearine for an Oneratine License The recent Notice of Hearing and newspaper ads reflecting the point that citizens, as individuals, can intervene in the Noticed Operational Hearings for the Fermi II plant are all de-fective in at least the following way, and must be re-published:

10 CFR 2.715C (see FR 43:81, Wed., April 26, 1978, page i

17800, column I at 46) now allows and encourages participation in licensing matters by states and all local units of govern-ment to be affected by the action noticed.

Nowhere in the notice is this right brought to the attention of local units of government.

This is one of the first notices published in Michi-gan since the rule change, yet the NRC has not notified the con-cerned governmental units of their standing as a matter of right.

I therefore move that the Notice of Hearing be re-noticed (re-published), and that ads also be re-published which reflect the rule that local units of government have standing as a mat-ter of right (or state it however you wish, as long as it follows the new Commission's rules, effective May 26, 1978, as partially cited earlier).

This is important, since at least five counties in Northern Michigan in the service area of the Co-operatives in the Notice of Hearing, Northern and Wolverine, have passed l

resolutions in publie sessions onnosine the Co-ops' participa-tion in the Fermi II project.

Various school boards have also so resolved, due to loss in tax base and local jobs and the verv high cost of electrical power to be zotten from this expensive lemon, to oppose purchase by the Co-ops.

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To not notice these units of governments to the same de-gree as you are noticing individual citizens will pose long-standing legal problems, hampering any small scale start-up of this' plant.

Since re-publication will cause essentially no delay in the proceedings for a plant whose Applicant voluntarily stopped construction for three years, this two-or three-day extension for due process is justified and in order.

Respectfully submitted,

/1 Dr. Robert G. Asperger 12 Dennis Court Midland, Michigan 48640 Acting with the authorization

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