ML20040B521
| ML20040B521 | |
| Person / Time | |
|---|---|
| Site: | Clinton  |
| Issue date: | 01/21/1982 |
| From: | Goddard R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Clark H, Ferguson G, Paris O Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8201260144 | |
| Download: ML20040B521 (2) | |
Text
-
-...__~ -_-.
.4 a
g-e j
g 7
i t
January 21, 1982 4
F 1L r /
i Hugh K. Clark, Esq., Chaiman Dr. Oscar 11. Paris Administrative Judge Adninistrative Judge W
y\\
P.O. Box 127A Atomic Safety and Licensing yoard C
L Kennedyville, Maryland 21645 U.S. iluclear Regulatory Comission
-. y..,
Washington, D.C. 20555
(
]
j Dr. George A. Ferguson y{
i i
s Administrative Judge
/
School of Engineering x
licuard University 2300 Sixth Street,ft.W.
Washington, D.C. 20059 4
In the liatter of ILLIriOIS POKR COMPA:1Y, et al.
l (Clinton Power Station, Unit 1) i Docket lios.50-46L OL
Dear Administrative Judges:
l l
On January 7,1982, the United States Court of Appeals for the District I
of Columbia Circuit vacated an flRC order wM ch effectively denied the l
adoission in Comission proceedirigs of contentions based on psychological i
stress. This order was an alternate basis for denial of a proposed Prairie Alliance contention (#9, Prairie Alli.nce Revised Petition for Leave to Intervene, dated flarch 30,1981).
However, the alternate basis for denial of admission of this cor.tention, the fact that it failed to neet the basis i
and specificity requirements of 10 C.F.R. s2.714, is not affected by the l
Court's judgment.
Although the Judgnent of the Court of Appeals is attached hereto, the Staff will also provide a copy of the Opinion of the Court when issued.
Sincerely, R. J. Goddard Counsel for f1RC Staff
Enclosure:
As Stated cc:
(w/ enclosure)
Sec 7tage 2 j
owupl
)_f o 7" 4
egg %8WsS8bh, L.
/ /.
i
-, y o
g
.p 1_
e, meeo.
m24..
OFFICIAL RECORD
x y
G a
9 i
l cc:
Prairie Alliance Peter V. Fazio, Jr., Esq.
Philip L. Willman, Esq.
fir. Herbert 11. Livermore Jeff Urish Reed liewman, Esq.
Atomic Safety ar,; Licensing i
Board Panel Docketing and Service Section i
l Gary 14. Wright J
Atomic Safety and Licensing j
Appeal Board Panel l
l Internal Distribution:
I R. Goddard l
i J. Gutierrez j
E. Reis l
Cunningham/Engelhardt l
Chri stenbt'ry/Scinto j
OELD Formal File (2)
Chron File (2) i J. H. Williams l
W. Olmstead NRC Docket File L
i
_,/
OELb,[
OELQ cu. >c r >
R.f;essy_
suanam) R. GcJdard/ Is rair ) 1/20/82 1/20/82 nuc,owu m no e L ucn o n.
OFFICIAL RECORD COPY
l
(.;;...
... v...
~ L * :M ia C T C,r C.~
- r;;T l
I 10. 81-un Esf>tember Term,1981 r :;1.E AGAIUST NUCLEAR ENERGY, Petitlener UTdI0d Slales C00d 0[:(-ppt 3jj89 3
v.-
for the D:ttrict cf Cder".a Cinuit
..;1TED STATES NUCLEAR REGULATORY COM'!ISSION
))
,1fjj 7,gg"ry t
- nd UNITED-STATES OF AMERICA, Respondents-
.ETI:0POLITAN EDISOS COMPANY, et al.
'PUBLIC UTILITIES), Intervenors
. GEORGE A. FISHkR CLERK Tctition for Review of an Order of the United States Nuclear Regulatory Cocaission.
.,Ee f o re: URIGHT, Circuit Judge, McGOWAN, Senior Circuit Judst, and WILKEY, Circuit' Sudge.
~
t
'JUDCMENT This cause came on to be heard on a petition for review of an order of the United' istates Nuclear Ecgolatory Commission and was briefed and argued by counsel.
[
t-On consideration thereof, it is ORDERED and ADJUDGED by this ' court that the order
- sf the Nucicar Regulatory Corrission under review in this cause is hereby vacated. :
1 I t. is FURTHER ORDERED and ADJUDGED by this court that the Comission shall prepare n envirennental assess:ent regarding thc. effects of tne proposed restart of the nuclear acility at Three Mile Is1cnd Unit One (r.t-1) on the psychological health of neighbor--
ng residents and on the well-being of the surrounding communities.
The Cocmission hall then determine, on the' basis of this environmental assess:nent, whether the Nation-
{,
1 Environmental Policy Act requires pr'eparation of a full environn; ental impact state.
e sent.
5'.
It is FURTHER ORDERED and A31UDGED by this court that, until the Cornission has i'
- omplied ulth the requirements of the National Environcental Policy Act as described y
in the preceding paragraph, it shall not make a decision to. restart DII-1.
l y,
It is FURTHER ORDERED and ADJUDGED by.this cour't that theCommissionshallprepath hi 3 statement of the reasons for its determination that psychological health is. not cog-l j;
sizabic under the Atomic Energy Act.
I 1
Opinions to follow.
t
?:
Per Curiam J'
J L.
For the Court Mj(h
~
Georgd/ A. Fisher
]
Clerk l
?
Circuit Judge WILREY dissents.
Uhether designedly 3 2 or not, this order will bar' M
- he resur.ption of furnishing nuclear power from D11-1, at which there has never been y
- n accident, until such time as the Nuclear Regulatory Commission satisfies this court, N
"irst by an " environmental essessment," and then, j
most likely, Ic ter by a rewired -
' full environmental impact statement," as to its considera tion of certain new environ '
antal factors.
This delay is imposed because of the asserted impact "on the psycho-L
..s' A %'*
' * = w r.-.-.J._._,
fW
l l
S oni t t.1 O t h of r.r gh'Lering resi dents," r.n "ir.r.c t" which hac r.cycr before been-3 : re iG :.d es covered by the National Environ: ental Policy Act.
}
t l
This is yet cnother exa:ple of a court inventing new procedural require =ents e
'for,an c dninistrativa agency in a nanner which has enornous cubstantive consequences. !
l iSec Verrent Yanhec Kuclear Power Cor_p._.v. NRDC, 435 U.S. 519 (1978).
The court is concerned that "the vell-being of the surrounding cer.=uniti 2s" he acsessed, yet while this is taking place, for the coraunitics near TMI-l it vill be a colder vinter than I
predicted.
i
--J
=
~*i
- l j
L e
f 9
6 b
r j
t a
t I
r e
5. I, g
l I
6 i
e e
~..
....k f.
J*
- t e
i l
1 t
e I
i g
1 t
.i 9*
8 k
_ _. _ _