ML20027B242
| ML20027B242 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 09/09/1982 |
| From: | Sinclair M SINCLAIR, M.P. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| 73-1776, 73-1867, NUDOCS 8209160574 | |
| Download: ML20027B242 (4) | |
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.g UNITED STATFS OF AMERICA NUCLEAR REGULATOBY CO\\tMISSION DLKEgED Before the Atomic Safety and Licensing Board 12 SEP 1540:47 In the Matter of:
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0FFICE OF SECRETAh(
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Docket Nos 50G82flETING & SERVICE BRANCH CONSUMERS POWER COMPANY,
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50-330
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(Midland Plant, Units I and 2)
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Operating License RESUBMITTFD CONTENTION BY TIARY SINCLAIR I
BASED ON UNITFD STATES DISTRICT col'RT OF APPFALS MEMOR ANDUM OR DER September 9,1982 Based on the Memorandum Order of the U.S. District Court of Appeals.
filed August 16, 1982, in the case of No. 73-1776 Nelson Aeschliman, et al.,
Petitioners v. U.S. Nuclear Regulatory Commission and Consumers Power Co., and Consolidated Case No. 73-1867, I wish to resubmit my Contention No. I of my Restated Contentions of August 12, 1982. This resubmitted contention is based on the fact that the U.S. District Court of Appeals held on April 27, 1982, that the figures in the, NRC's original, interim and final Table S-3 rule "were the result of inadequate consideration of the potential environmental impacts of nuclear waste disposal and reprocessing, and could not be relied upon to provide the necessary environmental input into operating license proceedings for nuclear facilities. "
The Court further stated in its Memorandum Order that these inadequacies in environmental considerations "may be cured" in the operating license of this case.
Therefore, I am resubmitting my Contention No I as follows:
1 The environmental documents submitted by Consumers Power Co. and staff have failed to analyze the absolute and incremental effects on the environ-ment (including the cost-benefit and risk-benellt considerations) of the entire fuel cycle, as well as the serious problem of the storage of nuclear wastes on site. In NRDS vs. NRC, Docket Nos. 74-1586, et al., f April 27,1982),
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the U.S. Court of Appeals in Washington, D.C. struck down the S.3 Table which had been relied on for this purpose. Because of this Court decision and the Memorandum Order of the Court on August 16,1982, the NBC cannot comply with requirements of the National Environmental Policy Act on the basis of their existing Draft and Final Environmental Impact Sta;ements.
Respectfully submitted,
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Mary Sinel ec: Charles Bechhoefer, Esq.
Mr. Ralph S. Decker Dr. Frederick P. Cowan Jerry IIarbour, Esq.
Secretary, U.S. Nuclear Regulatory Commission Michael I. Miller, Esq.
William Paton, Esq.
Mr. Wendell Marshall Ms. Barbara Stamiris James E. Brunner Lee Bishop I
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FoR THE olSTRICT of Col.uMBI A CIRCulT i
September Term,liMiryShg l No.73_iv7s Nelson Aeschliman, et al.,
Petitioners United Stabs 0: art of Ap.eals n
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fx t!.c cuisi:: cf Cdr a c:::Ct United States of America Nuclear Regulatorv Commmission, and United States of Americc',
.50 Edb 16 $32 Respondents ekg FISHER Consumers Power Co. a Michigan Corp.
Intervenor AND CONSOLIDATED CASE NO. 73-1867 BEFORE: Wilkey, Wald*, and Ginsburg, Circuit Judges f
MEMORANDUM ORDER In NRDC v. N RC, F.2d (D.C. Cir. 27 Apr.1982), this court held that the figures in the Nuclear Regulatory Commission's original, interim, and final Table S-3 rule were the result'of inadequate copsideration of the potential environmental impacts of nuclear waste disposal and reprocessing, and could not be relied upon to provide the necessary environmental input into opei.itir g license proceedings for nuclear facilities. '
The Supreme Court anticipated the possiV.ity of such a result when it remanded the matter to this court in Ver'mont Yankee Nuclear Power Coro. v. NRDC,435 U.S. 519 (1978). In a footnote to the Court's opinion it suggested that Should [the court on remand] hold the rule invalid, it appears in all probability that the Commission will proceed to promulgate a rule resulting from rulemaking proceedings currently in pro-In alllikelihood the Commission would then be required, gress....
under compulsion of the court's order, to examine [the licenses in issue] under that new rule.
435 U.S. at 535-36 n.10.
. Although the "new rule" to which the Court referred was the final S-3 rule, which was vacated in NRDC v. NRC, supra, we note that the NRC is currently conducting a generic proceeding to reassess the
- uncertainties"in the availability of safe nuclear waste disposal methods, with which this court was most concerned in NRDC v. NRC. The Commission has been urged by this court to arrive at its " waste confidence" determination by 30 June 1983. Potomac Alliance v. NRC, No. 80-18G2 (D.C. Cir. 20 July 1982). The results of this proceeding will, in all probability, be utilized by the Commission to adjust its S-3 rule to conform to the requirements announced in NRDC v. NRC.
continued a
72inis221 SIEtfBE @auri of $ppga{g FoR THE otsTRICT of CoLUMBI A CIRCULI No.73_i778a73_1887 September Term,19 si Page 2 By our understanding, construction of the facility in issue in this cause is substantially completed. Because the alleged inadequacies in the environmental considerations made in connection with the Commission's grant of the construction permit in this case may be cured in the operating license proceedings now in progress, little wbuld be gained by requiring the NRC to reevaluate its grant of the construction license. It is therefore ORDERED that on or before September 8,1982 petitioners hereto shall file a statement to show cause why this court should not issue an order dismissing the petition for review of the NRC order granting the construction permit in issue and permitting the Commission to comply with the mandate of NRDC v. NRC as part of the operating license proceeding now in progress for the subject facility.
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. Circuit Judge Wald did not participate in this order.
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