ML20058L290
| ML20058L290 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 05/03/1972 |
| From: | Mccool W US ATOMIC ENERGY COMMISSION (AEC) |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 9105140434 | |
| Download: ML20058L290 (5) | |
Text
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s) l UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION COMMISSIONERS:
James R. Schlesinger, Chai rman James T. Ramey Wilfrid E. Johnson Clarence E. Larson i
William O. Doub
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NORTHERN STATES POWER COMPANY
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(Monticello Nuclear Generating
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DOCKET NO. 50-263 Plant, Unit 1)
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MEMORANDUM AN ORDER On November 24, 1971, the Commission's Director of Regulation (Director) published in the Federal Register (36 F.R. 22327) his determination under 10 CFR Part 50, Appendix D. Section E, that operation of the Monticello Nuclear Generating Plant, Unit 1 (authorized pursuant to Provisional Operating License No. DPR-22) should not b,g, su'spended pending completion of the environmental review under the National Environmental Policy Act of 1969 (NEPA).
r The Federal Register notice also provided that persons whose interests i
may be affected could request a "show cause" hearing as to this determination.
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CF ADOCK 05000263 I
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l A request dated December 23, 1971, was filed on December 27, 1971, by the Minnesota Environmental Control Citizen's Association (MECCA). Among other contentions, MECCA alleges that:
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Dircctor's determination is based upon an Improper evaluation of i
doubtful information; continued operation of the plant will give I
rise to an unacceptable risk of significant adverse environmental ef fect; ooeration of the plant will foreclose the alternative of preserving, to the greate.s. extent possible, the life and well being'of all living things in the State of Minnesota; and the public
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interest requires that the plant be closed pending completion of i
NEPA review. The licensee and the regulatory s taf f,- by answers s
t filed on February 15 and 17, 1972, respectively, oppose MECCA's petition.-l/
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By letter dated January 28, 1972, MECCA requested that the licensee be ordered to show cause why the provisional operating j
license should not be suspended pending a final determinat ion of the i
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By telegram dated December 23, 1971, the State of Minnesota requested an extension of time within which to file a reques t for a hearing on the Director of Regulation's determination.
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The telegram requested an extens ion of 30 days, i.e., unt il i
January 23, 1972.
Subsequently, the State requested a further f
extension until February 23, 1972. The licensee and the regu-latory staff filed responses interposing no objection to the time extension but requested a, period of 15 days to ret. pond to any petition by.he State. They further requested permission i
t to respond to MECCA's petition by the same date. We find, l
pursuant to 10 CFR 52 711, that good cause ex ?'.s to consider i
the responses of the licensee and the regulatory staff as i
timely filed.
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issues raised in its earlier hearing reques t.
Incorporating its prior i
claims, MECCA s tated that the expected resumption of plant operation (which had been interrupted for some months) required irwediate considera-tion of the Commission's power to authorize operation prior to completion of NEPA review.
Meanwhile, the Commission's regulatory staf f, responding to a request for expedition by the State of Minnesota, agreed to advance the scheduled completion date of the draft NEPA statement f ror, Augus t 1972 to May 1972. The agreement contemplated that notice of issuance of the draf t statement would be published and that, about the same time, an opportunity for hearing on an anticipated application for convers ion of the present provisional operating license into a full-term (40 year) operating license would also be published.
Any hearing on the application for a full-term operating license could then also be combined with cons iderat ion of envi ronnen tal mat ters. The agrees..t recognizec, how e v e r, that such a schedule might not be feasible if MECCA's December hearing request were granted, thereby diverting regulatory staff resources from the work on the draft environrnental statement for the plant.
Upon consideration of all the circumstances, we conclude that 2/
MECCA's December reques t for a hearing should be granted.'
The 2/
Since we direct a hearing af fording MECCA an opportuni ty to obtain the relief sought in its let ter of January 28, 1972, we see no need to consider that reques t further.
Accordingly, it is denied.
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4 cons t raints of 1ime are such that it would be in the public interest to consolidate such hearing with any hearing which may be held in connection with the licensee's full-term license application.
A consolidated hearing will avoid wasteful duplication of time and resources and should inure to the benefit of all concerned.
- Moreover, many of MECC A's conten tions are essentially di rected t o issuance of an operating license rather than to the criteria of Appendix D, Section E.
A consolidated hearing will provide a single forum for cons iderat ion of all issues relevant to the ultimate question of whether a full-term operating licensc should be issued.
Hearings will be conducted on any issuance of a full-term operating license, assuming an appropriate request.
The State of Minnesota and MECCA shall be parties to any such hearing, which shall be consolidated with the hearing contemplated by 10 CFR Part So, Appendix D, Section E.
In the absence of an appropriate hearing request on the full-term operating license application, a hearing under Appendix D, Sect ion E, shall be noticed by the Commission.
It is so ORDERED.
By t he Cortni ss ion.
W. B. McCool Secretary of the Commission Dated:
May 3,1972
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mvlKON FI L E
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UNITED STATES OF AMERICA i
ATOMIC ENERGY COMMISSION
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In the Matter of f'- J - 24,
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NORTilERN STATES POWER COMPANY M No. W 263 (Monticello Nuclear Generating
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Plant, tinit 1)
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CERTIFICATE OF SERVICE g
1 hereby certify that copies of MEMORANDUM AND )RDER)atedMay3,1972, j
I in the captioned matter have been served on the,
owing by deposit in the United States mail, first class or air mail, this 3rd day of May 1972:
Joseph Gallo, Esq.
Rev. Paul 11. Engstrom, President Regulatory Staff Counsel Minnesota Environmental Control
'). S. Atomic Energy Commission Citizens Association Washington. D. C.
20545 26 East Exchange Street St. Paul, Minnesota 55101 Gerald Charnoff, Esq.
Shaw, Pittman, Potts and Trowbridge Honorable L. J. Barthel, Chairman 910 Seventeenth Street, N. W.
Wright County Board of Commissioners Washington, D. C.
20006 Buffalo, Minnesota 55313 Donald E. Nelson, Esq., Vice R. N. Barr, M.
D.,
Secretary and President and General Counsel Executive Officer Northern States Power Company State Department of Health 414 Nicollet Mall University Campus Minneapolis, Minnesota 55401 Minneapolis, Minnesota 55440 The Governor llonorable Carl Nordberg State of Minnesota Clerk, Wright County Courthouse St. Paul, Minnesota 55101 Buffalo, Minnesota 55313 l
G. Robert Johnson, Esq.
Minneapolis Public Library Special Assistant Attorney General Environmental Resource Center State of Minnesota 1222 S. E. 4th Street 717 Delaware Street, S. E.
Minneapolis, Minnesota 55414 Minneapolis, Minnesota 55440 Howard J. Vogel, Esq.
814 Flour Exchange Building Minnespolis, Minnesota 55415 M-
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Mr. Callo
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