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'.)E C 4 1970 Chairman Seaborg Comissioner Ramey Commissioner Johnson Comissioner 1, arson CALVERT CLIFFS PROCEED 1NGt PETITION FOR JUDICIAL REVIEW On November 25, 1970, the Calvert Clif fs' coordinating Committee, Inc.,
the National Wildlife Federation and the Sierra Club (petitioners) filed with the Uni.ted States Court of Appeals for the District of Columbia Cir-cuit a petition for review of " orders" of the Atomic Energy Co::rnission.
We petition seeks review and judicial reversal of AEC's " refusal" of the petitioners' requests (1) to order the Baltimore Cas & Electric 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 environ-eental impact of the plant; (2) to require the applicant to submit as soon as possible an environmental statement with respect to the Calvert Cliffs facility; and (3) to have AEC begin itmediately preparation of a detailed environ'sental statement for the facility which, petitioners contend, is required by the National Environmental Policy Act of 1969. The petitioners assert that the continued failure of the AEC to take action on these requests is tantamount to a denial of them.
We petition for review (a copy of which is attached) is based on the peti-tion for rule making (dated June 29,1970) and supplemental memorandum (dated November 12, 1970) filed with the Commission on behnif of the some organizations.
The Comission, in ruling on the June 29 petition, stated that the requests relating specifically to the Calvert Clitis Nucicar Power Plant had been referred to the Director of Regulation; and that it was expected he would take action on the requests following coopletion of the Commission-initiated rule making proceeding on its NEPA policy (Appendix D to 10 CFR Part 50) then under way.
Receipt of petitioners' suppletaental l
ecmorandum was acknouledged by the Director of Regulation in a letter dated November 25, 1970 That letter informed petitioners that their requests vill be considered in the light of the general policy adopted by the Com-mission upon conclusion of the current rule making proceeding; and also that the applicant had submitted an environmental report on the Calvert l
Cliffs facility which the staf f vill forvard to the cognizant eBencies for review and comment following initial AEC review.
(Petitioners had not, of aurce, received this letter at the time they filed suit.)
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9210130274 920520 PDR ORO NRCHIS f)pg. ]470 - l]zc, 39, jq 79
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2-l To the Cocenissioners i
1 This of fice will work with the Department of Justice in preparing i
the Government's defense and will keep the Com:nission informed of I
significant developments. We will also advise the Joint Committee 1
of the filing of this review petition.
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/ ' Jo eph F.-Dennessey
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Cc eral Counsel l
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Cy Petition for Review cc: Secretary '(2) j Chairman, ASLBP (1) j Director of Regulation (1)
JJDiNunno (1) i JAltarris, PI (1)
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