ML20126D496
| ML20126D496 | |
| Person / Time | |
|---|---|
| Site: | 05000363 |
| Issue date: | 01/04/1980 |
| From: | Van Ness S NEW JERSEY, STATE OF |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20126D493 | List: |
| References | |
| NUDOCS 8005020142 | |
| Download: ML20126D496 (2) | |
Text
80050h0 /
UNITED STATES OF AMERICA g
NUCLEAR REGULATORY C0!CilSSION
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l IN THE MATTER OF:
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JEP.SEY CENTRAL POWER AND LIGHT Docket No. 50-363 h '#/
CCMPANY, r0RKED P,IVER NUCLEAR
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GENERATING STATION, LACEY TOWNSHIP, i
HEW JERSEY
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'/i y REOUEST FOR HEARING The people of the State of New Jersey by Stanley C. Van Ness, Public Advocate of the State of New Jersey request that the Nuclear Regulatory Cc=ission (hereinaf ter "NRC" or " Commission") grant a hearing, pursuant to 42 U.S.C. 62239, on the application of Jersey Central Power and Light Company, dated August 31,.1978, for a 5-year extension of the construction permit No.
CPPR.95, dated July 10,1973, and issued by the Atomic Energy Commission which expired by i~ts cwn terms on Octob'er 4,1978.
By letter dtted August 31, 1978, Jersey Central P'ower and Light Company sought to have the latest c%1ction date for the Forked River Nuclear Generating Station extended to December of 1983.
However, by letter dated July 30, 1979 Jersey Central Power and i.ight Company indicated that due to the financial crisis suffered by the entire General Public Utilities System following the TMI-2 accident, the completion date for
. this nuclear generating station would be pushed back at least 'another two years.
Adcitionally, Jersey Centrai, in this correspondence of July 30, 1979 reoues:ed tne H.R.C. staff to defer further action on its application for renewal Of constru: tion permit #0?PR-95 due to tne company's unilatersi and in:e'inite sus:ension Of furtne work on this project in light of the absen:e
- f :::i:a1 ne:essary o ::n-inue ::nstruction, engineering or design work.
.a..T: E C f:r tirect Reply.,5uspense:
Jan 25. Orig o Docket..Cpys to: Chm, Cars, DE,CA,P A
.._..,.1.
i, The interests of the People of New Jersey which may be affected by this renewal proceeding are shown and established in documents in the Comission's docket in this matter and may be sumarized briefly to include the concern for public safety, health and welfare implicated by this applica-tion for a 7-year extension of a construction permit, first issued by the now defunct A.E.C. in 1973.
Under all of the facts and circumstances, it is respectfully urged that the NRC cannot properly determine that the requested permit renewal involves no significant hazards consideration. Moreover, even in the event that the Commission determines that this application does not involve a significant hazards consideration pursuant to 10 C.F.R.150.91, the Director of Nuclear Reactor Regulation, in the exercise of his discretion, should afford a public hearing under the authority vested in him by 10 C.F.R. 52.105(a)(4).
(See " Notice of Opportunity for Hearing on Construction Permit Extension,"
^
Northern Indiana Public Service Company, Bailey Generating Station, Nuclear 1, Occket No. 50-367, dated November 26, 1979; copy' attached hereto as Exhibit 0).
Jersey Central Fower and Light Company has failed to slww good cause for the requested permit renewal and that the failure to ccmplete construction by October 4,1978 deadline resulted frcm events beyond its control as required by 42 U.S.C.12235 and 10 C.F.R. 550.55.
Therefore, prior to acting upon this request for an extension of construction pennit CPPR-86, the Nuclear Regulatory Consnission should require the applicant to demonstrate its entitlement to this extraordinary relief in a plenary proceeding which affords due process of law to those persons whose j
substantial interests will be affected thereby.
Respectfully submitted, i
STANLEY C. VAN NESS, PUBLIC ADVOCATE r-Q
- ATO: Jer.ua:/ 4,19SO BY:
?
.I KEITH A. CNSCCFFF
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Assistant Ceputy Puclic Advocate
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