ML20114F286
| ML20114F286 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 06/29/1970 |
| From: | Roisman A BALTIMORE GAS & ELECTRIC CO., BERLIN, ROISMAN, KESSLER & CASHDAN |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| Shared Package | |
| ML093631134 | List:
|
| References | |
| NUDOCS 9210120429 | |
| Download: ML20114F286 (13) | |
Text
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'1'3 The Secretary rm:f= :a Ato:aic Energy Corc;c.ission I"
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Attention:
Chi ^f, Public Proceeding Branch
Dear Sirs:
We hereby submit for filing twenty copies of a petition and supporting memorandu n with respect to the ('alvert Clif f s Nuclear PU.:::
Plant.
The Petition relates to the application of the Nationni Environmental Policy Acc to nuclear power plants which have received construction permits but have not yet received operating permits.
Because the Petition involves the question of the responsi-bility of the Corc:aission to conduct full, complete and independent environmental studies, a matter which the Commission has considered in a recent Proposed Rule Mahing (35 Fed. Reg. 8594, June 3, 1970) and.a recent Notico of Interin Procedures (35 Fed. Reg. 9042, June 11, 1970), five additional copies of the Petition and supporting memorandu:n are being submitted as comments to each of those rule making proceedings.
The proposed rules of the Commission appear to disclaim any environmental responsibility with respect to nuclear power plants which are already under construction.
This is clearly in conflict with the e>: press language of the National Environmental Policy Act, the legislative history of that act and the Interim Guidelines 9210120429 920,20 PDR ORG NRCHIST PDR
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Atonia Energy Commission June 29, 1970
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P published by the Council on Environmental Quality on 'ty 12,13N:
Therefore, we are also submitting twenty of the Petition and n'cppor ting rc.cmorandum and twenty copies of posed amendments to 10 CF11, Part 50 to correct the present inadequacy of the rules of the Cornicsion.
We requect that notid of this request for rule nding be published in the Federal Regist as required by 10 CFR, Part 2, S2.802.
i Sinrarely, BERLIU, ROISMAN and KESSLER
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Ui;ITED STATES OF JCORICA ATOMIC ENERGY CO:1RIS310N In the Matter
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CALVERT CLIFFS' COOTIENATI!!G CN0iITTEE, INC., )
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Docket No.
NATIONAL h'ILDLIFE FEDERATION, and
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THE S1 GRA CLUB,
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Petitioners
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i PETITION JJ7D SUPPORTII G ME!10RJJiDU 1
' or Ir=wdiate Issuance of an Order to Baltimore Gas and FElectric Company To Show Cause Why the Construction Permit For the Calvert Cliffs Nuclear Power Plant Should Not Be Suspended Pending a Complete Study of the Environmental Impact of the Plant, to Rcquire Daltimorc Gas and Electric Company To Submit As Soon As Possible a Detailed Environ-mental Report with Respect to the Calvert Cliffs Nuclear Fouer Plant, to Begin a Complete Study of the Environmen-tal Impact of the Calvert Cliffs Plant,and for Rule Making w
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BERLIN, ROISMAN AND KESSLER JUN 2 91970 > 1 Anthony Z. Roisman pg g-em3,, e, g=,.,ty revi rr=e;.;:
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DCCr,El f;UMBQ FROD.!UTILfAC.5Ntyr I
l PETITIO';
1.
This petition requests that the conmission:
(a) iircacdiately order Balbir. ore Gas anc. Electric l
Company (hereinaf ter BGEE) to prepsro and submit with respect to the Calvert Cliffs Nuclear Power Plant, the environmental statement required by the national Environmental Policy Act (hereinitfter NEPA) and by the regulations of the Commission; (b) immediately begin the environmental studies required by NEl'A with respect to the proposed plant to determine 1f, In light of these environmani.al studies, modifications in the location, design, method of on-struction or operation, or any other aspecb of t..u proposed plant are required; (c) issue to BG&E pursuant to 10 CFR, Part 2, S2.202 an order to show cause uhy the construction permit issued on July 2, 1969 should not be suspended pending investigation of these environmental factors; and (d) promalgate rules and regulations for apply-ing linPA to all nuclear power plants for which construction permits (or provisional construction permits) have been issued and which have not as yet received operating licenses.
s 2.
Petitioner Calvert Clif fs ' Coordinating Committee, Inc.
is a non-profit, incorporated association of individuals and con-servation organizations specifically concerned with the environmental
-effects of the proposed Calvert Cliffs plant.
The purpose of Calvert Cliffs' Coordinating Committee, Inc. is to protect Chesapenke Bay fro the threats posed specifically by the Calvert Cliffs, plant.
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Petitioner Mational Uildlife Ped 0 ration (NWF) is a l
non-pr Tit, membarchip corporation crganized under the laws of the District of Columbia.
Organized in 1936, NWF is the world's largest private conservation organination.
It has members and contributors of various classes totaling 2,500,000, including the members of 49 affiliate state organinations.
It is NWF's policy to promote the proper management in perpetuity of those resources of i
j the earth upon which the lives and uelfare of men depend:
- soils, i
waters, forests, minerals, plant life and wildlife.
NWF believes 4
tl.a t for such proper management, overall public benefits must take precedence over partisan and special uses of natural resources and that users of public waters should return those waters in as high a quality as taken.
NWF strives to bring about coordination among conservation agencies and programs, and promotes planning for wildlife and recreational values in connection with all water improvement and diversion projects.
NWF engages in litigation of national s
importance to protect the values of conservation and the environment, s
publishes magazines and other literature, promotes teacher work-shops, holds national wildlife conferences, distributes 400,000 pieces of educational material. annually, sponsors research efforts, I
and engages in many other activities to protect conservation values.
4.
Petitioner Sierra Club is a non-profit membership corporation organized'under the laws of the State of California with membership of 100,000. Among its stated purposes is the pre-
.servation of scenic resources, forests, waters, 'vildlife and wilderness.
In furtherance of its purposes, the Sierra Club engages e
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in many educational activities, including an
':ttnsive publishing program and a wilderness cuting program, it vaintcins staff of fices and raerbership chapters in all regions of the country.
In addition, the Sierra Club has participated in soveral legal actior to preserve the environment.
The Sierra Club h.s also taken a strong interest in estuarina protection.
It. has, for example, participated vigorously in efforts to protect San Francisco Bey.
L.
UEPA was enacted on January 1, 1970 and by its terms requires that every Federal action "which significantly affect [s]
the quality of the human environment" be preceded by a detailed statement by the responsible of ficial on (i) the environmental impact of the proposed action; (ii) any adverse environmental effects which cannot be avoided should the proposal be implemented; (iii) alternativcs to the proposed action; (iv) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and (v) any irreversible and irretrievable commitments of resources which would be involved if the proposed action should be implemented.
6.
Before the Calvert Cliffs plant can begin operation it i
must obtain an operating permit from the Commission.
7.
Granting of this operating permit will constitute federal action which "significantly affect [s] the quality of the human environment" within the meaning of Section 102 (c) of UEPA.
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m-7 Until he enactment o f NEPA the l
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aission war not required to take into account any environmental factors (other than radiological dangers to man) in its licensing decisions and in fact no such factors were considered in cpproving the construction permit for the Calvert Cliffs alcnt.
9.
In ptrticular the o=ission has not concidered with respect to the Calvert Cliffs plant the factors required by Gection 10 2 (c) of the National Environmental Policy Act (Public Law 91-190),
10.
Under presently propose? regulations.of the Commission, LGLE.eill have to submit an environmental statement uith respect to i
the Calvert Cliffs plant before it can obtain an operating permit and the Correnission vill have to conduct an evaluation of the environmental impact of the Calvert Cliffs plant as required by NEPA.
11 The Commission has the authority to issue an order to show cause why a construction permit should not be suspended and has the authority to suspend a construction permit where this will sprotect the health, safety or public interest, including the environcent.
12.
The Commi. scion is empowered to amend, modify or revise a construction permit as a resu c'of amendments of its statute or it_ rules and regulations or where required for health, safety and the public interest, including environmental protection and is empowered to revoke a construction permit where it discovers factors which would warrnnt it in refusing to grant the construction permit if application were now being made for the permit.
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13.
The Corraaission is requested within 30 days to issue to DG&E and publish in the Federal Register an order to show cause why the construction permit for the Calvert Cliffs plant should not be suspended pending determination of relevant environmental factors required by NEPA and to require a res! ?nse to that order within 30 days.
14.
The Co:utission is requested to inenediately order BG&E to submit at the earliest possible date (without waitin until BGLE submits its application for an operating permit) an Environmental Repo-S respect to the Calvert Cliffs plant in conformity with the requi..
A"*:s of Sections 1 and 2 of the Commissions proposed a
NEPA regulations.
15.
The Commission is requested to immediately begin an in-dependenL study of the environmental impact of Calvert Cliffs plant, t.
the environmental factors required by NEPA are considered once the Commission should prepare its detailed statement on the s
environmental corditions required with respect to the plant.and should issue an ord-to BG&E advising them of the conditions which must be met in o?:dar to resume construction of the Calvert Cliffs plant or, if necessary, that the construction permit has been revoked.
16.
The procedures requested to be utilized in this pro-coeding for application of UEPA should be promulgated as general regulations of the Commission at the earliest possible date without regard to any time limits set by the Commission for this petition and such regulations should include amendment of 10 CFR, Part 50, 5-
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O S50.109 to require backfitting of a facility where it is found that such action will provide any additional protection for the environ-ment.
This petition shall be treated as a request for rule making from an 4.nterested party within the meaning of 10 CFR 2.800 et seg.
A copy of the proposed rules are attached.
Fcr the reasons stated above and in the attached Memorandt -
the Petitic.4 should be granted.
Respectfully submitted, BERLIN, ROISMN! and KESSLER 1910 N Street, N. W.
Washington, D.
C.
20036 Counsel. fo Petitioners By Anthony b.
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PROPOSED REGULT&TIONS 10 CFR, Part 50
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.O m um. ac33n. 3._5 Amend S50.109 (a) to read as follow.
s (a). The Comission shall, in accordance with the c
procedures specified in this chapter, require the bach-fitting of a facility if it finds that such action will provide substantial, additional protectin" which is re-quired for the public health and safety or the cc=on i
defense and security and shall require backfitting of a facility if it finds that such action will provide substantial additional protection of the environment.
As used in this section, "backfitting" of a production or utilization facility means the addition, eliuination or modification of structures, systems or components of the facility after the construction permit has been issued.
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l Add Appendix to Part 50 as follows:
1 Ap2cndix F - Ir.plenanta' lon of the Naticaal Environmental
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c Policy Act oTE76i) (Pubfic Lt ' S1-150) t o Idlelehr Power 7
1 laiits ',:.Edr. iiava Receiveu Crins trustEn l'c: Tits ( O r_
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~T Provisional Constru.? tion Permits) ';ithouf. Prior Consider-
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ation ol"f E5
';n t.a1 1'actof s By 'rhe Con:nTscion I
1.
Upon the reque st of any interested pa.rty the Commission shall immediately issue to any holder of a construction permit (or provisional construction permit) who has not validly received an operat y permit, an order to show cause (returnable in 30 days) why the permit should not be suspended pendis a tull invastigation of the environmental impact of the proposed f acility or proposed modification of a facility.
2.
The Commission shall suspend the construction permit s
where it finds that full and complete examination of the-environ-mental impact of _ the f acility has not been conducted in accordance with the National Environmental Policy Act.
3.
With respect to all facilities for which permits have been issued and for which operating licenses have not been validly issued, the Commission shall require the applicant to submit as soon as possible the material required by Paragraph 1 of Appendix D without awaiting application for an operating permit,
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!4.
Tbc requirements.of Paragraphs 3 and 4 of Appendix D shal) be applied with respect to the report required under the nreccoing paragrapn.
5.
The Comaission shall, with respect to any facility referred to under Paragraphs 1 or 3 of this Appendix, conduct the environmental studics and prepare the environmental reports requira by the National Environn. ental Policy Act and by the Interim Cui:Jelin' publinhed by the Council on Environmental Quality on May 12, 1970.
The Corraission shall expedite the preparatica of the studies and
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reports herein required.
6.
Whethor or not the Cor.unission has suspend ~. the con-struction permit of the f acility, it shall require modification of the construction permit and of the f acility, or if necessary re-vocation of the permit, in orcer to protect the environment to the greatest extent practicable as indicated by the environmental studie.
with respect to the facility.
s 7.
These regulations shall be interpreted in light of the bongressional purpose stated in the National Environmental Policy Act which requires tha't full consideration be given to environmental factors at the earliest possible time in order to permit maximum implementation of environmentally desirable alternatives.
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