ML20039G754
| ML20039G754 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/12/1982 |
| From: | Chavey D, Drazba B, Graver J AFFILIATION NOT ASSIGNED |
| To: | Palladino N NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8201190097 | |
| Download: ML20039G754 (2) | |
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MIDDLETOWN, PA 17g7 y.g g -
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January 12, I,
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?j Nun:lo Palladino, Chairman Nuclear Regulate y Commission
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'd Washington, DC 20555 g(x,
Dear Chairman Palladino:
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We are writing to express our concerns about the.up-coming Environmental Assessment (EA) related to psychological stre.ss and community fears and TMI #1.
A broad consensus of how the EA will be conducted is impera-tive to further enhance the validity of the study.
We desire a broad-based input to the decision-making in the areas of the EA, such as:
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Development of the study criteria
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Implementation of the study' process and 3.
Timetable for the conduct of the EA, resultant public comment and NRC decisions for the entire process.
Additionally, we desire a public comment period following the comoletion of the EA.
Because of the' extensive research and_ review necessary, prior to comment on the. psychological stress
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and community fears issue WE feel that a minimum of 60 days is sppropriata for the public comment period.
Finally, access to i n t e.r i m reports.would be heloful in'the development of timely and re s p or.s i b l e comments.
The decentami, nation of TMI #2 and this issue have been the primary concern of local residents since the accident.
We're anxious to sucoly input for future NRC decisions related to j
asycnologicai stress and community fears relative to TMI #1.
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l 9201190097 820112 PDR ADOCK 05000289 G
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l Please forward all future communications to:
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Wii!iam S.
Jordan !II, Esquire 2.
Board of Directors i
Harmon & Wel:is P.A.N.E.
I 1725 1 S t re e't,
N.W.
and P.O. BOX 268 Suite 506 Middletown, PA 17057
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Washincton, DC 20006 1
(202) S33-9070 l
Sincerely, i
l P.A.N.E.
Board of Directors Hossier k Beth Drozbe Don Betty Chavey Linda Braasch M I
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John Garverd b Joyce Corradi M 1
r Light (pg'.Ugv Genevieve Emerick GJ. dams $.oE M Kari Jim Hurst p w John Kovalic Konkle E c b M t f
P ao l a Ki n ney QAQQ Don o
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Govern <r Richard Thornburgh Congressman Allen Ertel i
Senator Jonn Heinz Senator Arlen Specter
. State Senator J anes Lloyd William Jordan, til Commissioners Gilinsky, Ahearne, Roberts, & Bradford Representative Rudy Dininni Senator George Gekas,
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&Eis FOR THE DISTRICT oF Cot.UMDI A CIRCUIT No.81-1131 September Term,19S1 PEOPLE AGAIUST NUCLEAR ENERGY, Petitioner Unit 0d SlalcS Court ofygnfjs9
' MI'I 'I E'UN!8 CI AI v.
UNITED STATES NUCLEAR RECULATORY CO:E!ISSION g,jf,g n,g i
and UNITED STATES OF AMERICA, Respondents METROPOLITAN EDIRON COMPANY, et al.
(PUBLIC UTILITILS), Intervenors
. GEORGE A. FISHER CLCng Petition for Review of an Order of the United States Nucicar Regulatory Cor$1ssio'n.
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,Befcrc: WRICllT, Circuit Judge, McCOWAN, Senior Circuit Judge, anc' WII. KEY,' Circt$it Judge.
'JUDCMENT i
This cause came on to be heard on a petition for review cf an order of the Unijed States Nuc1 car Ret;ulatory Commission and was briefed and argue.d by counsel.
On consideration thereof, it is ORDERED and ADJUDGED by this court that the order' of the Nucicar kegulatory Commission under revicu in this cause is hereby vacated.
It is FURTi!ER ORDERED and ADJUDGED by this court that the Coc:r.ission, shall prenare an environmental assess:-ent regarding the effcets of the proposed restart of the nuclear faciJity at Three File Island Unic One (T:11-1) en the psychological health of neighbor-ing residents and on the well-being of the sudounding communities. The Commissica shall then determine, on the basis of this environmental assess = cat, whether the Nation-al Environmental Policy Act requires pr'oparation of a full environmental impact. state-ment.
It is FURTl!ER ORDERED and ADJUDGED by this court that, until the Cc= mission has complied with the rcrluirements of the National Environ:. ental Policy Act as describec.
in the Freceding paragraph, it shall not make a decision to restart TMI-1.
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It is FURT!!ER ORDEPED and ADJUDCED by this' court tha t the Coc:nission shall preparc a statem'ent of the reasons f c,r its determination. that psychological health is not cog-'
l nizabic under the Atomic Energy Act.
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Opinions to follow.
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i Per Curids I
For the Court
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Ccorgd/ A. Fisher Clerk Circuit Judge UILREY dissents. Whether designedly so or not, this order tiill bar the resumption of furnishing nuclear power frca mI-1, at which there has never been an accident, until such time as the Nuclear Regulatory Commission satisfies this court, first by an " environmental assessment," and then, most likely, later by a required
" full environmental impact statement," as to f s consideration of certain new environ-mental factors. This delay is imposed because of the asserted impact "on the psycho-b'g a
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I Nuc1 car Energy v. USNRC 4.?<
to 81-1131 -
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logical health of neighboring residents," an " impact" which has never before been considered as covered by the National Environ =cntal Policy Act.
j This is yet another exa::tple of a court inventinr. new procedural requirements for an administrative accucy in a manner which has enormous substantive consequences.
l Sec Vercont Yankee hacicar Power Corn. v.* NRDC, 435 ti.S. 519 (197S). The court is i
concerned th'at "the ucll-being of the surrounding communitics" be assessed, yet while i
this is taking place, for the coc:=unitics near 'DfI-1 it will be a colder vinter than i
predicted.
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