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JAN 31 EE (So -- 14 T Qiairusu"Schlesinger 5o-Commiseioner Lasasy Sc 32 S/,/ y 3
e-f a=ioner Johnsoo t'-I = s iose r Lareca cat-i mmiomar Doub STATUS MD DtFDiDI3C AC's10E On APPLICATIO::S REQUIEIF.C SHOW C/l*51 ACTION Tr.s "sinow cause ' detera.inations tasued in Novas.oer 1971 have resulted in responses being received froe licenseas and intervs:nor.; un ir of the 4
Astarminations.
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Yne repistory st.af f has revisuwd the technical inf ormation received frosa 11causees in the time available and conclusions for acties by che c=t =sion have been developed.
Legal counsel for the regulatory staf f has reviewed these responses requesting bearings or interveration and ass prepared replies for the Director of Bagslatice or formal filings f or consideratic,a by the Co. mission. The states and the impenalus action on sach of tbs show cause cases for wtaich recponses were received are summartead belo:
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ilia-lo Canyon 1 & 2 i
l Scacic Srneralins., a coc.s e rv at i on o r g ani z at i on, has s ub mi t t e o a req ues t f or a huaring ter.ardit g certain construct iori activd. ties at the Diablo j
Canyo1 F*aut pending cor.pletion of the 6 EPA review. General issucc
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taat have been raised incloce:
(1) t.as availat ility of alternate scurces of powe r (gr.othermal), (2) the potential da are to the envirco-an.u t of countruction of traust ist.f ot. Line., (3) that coutloued const ruc~
V tacn is icersc Aor, ink ot.ta.r coolit.g alternatives and (4) seiss:ic design.
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.r c Jors.Al anen.e r to thi:t req uen t fileo witti the Co ziws!tm, t r.e rep.ulatory ststf nas propoeco tu t e nearing be hela oc Ites., (1), (2) f h
ano (3) but tnst oc hearing be.ield on Iter (4).
In our Dete rsit.stion an 2 tTde r 'a o htsov Caus e of 'tovemtie r 29. 19 '/1. we f
ca.t. cit.acc trait clearir.y of ts.c ript-ci ssf ano constructice the mocoud oi i.,19-tit eway t rans: scion lace.should Le s u: + r.r.c e d.
Facific Ca5 as. d
. a c c t ri c Coup an. nai, net rueponded to our bruer se.U,ow C.a t, e.
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2-f the right-Ceinsiasioners order to suspend clearing oission line.
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Accordingly, we have creparesecond Diablo-Kidway transm j
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h of-way and constructing t e Enclosure A).
onse to Matchi. anon Islanc statement sismitted in resp"It is rsi nestad t. hat Company 's i n tsads as follows:
action by the Florida Paarer and Lightour show cause determinat a in this matter until furtherthat the EEPA revient ission nc hearing be scheduledas it may betous cleardelays in work so the trans to prevent licsases at such timswill be completed in t me soeurwbat uncertain, but i
j er October, i
isuntil September ilmas."
complating the NEPA rev ewbe couplets schedule for ill mot it is estimated Lt.at it w of the tramaniasion The j
f lie 72.
suspend canstruction We have prepared an order to (See Eaclosure 3).
hnical information likas.
a public containing additional tect request North Anna i & 2 Electric Fower Campany did no af firmation.
and statement h or were not filed under oat ikformstion subm The raspanas received f rom VirginiaThese documents reviewing the technical) had, in f act, f
one of the for amaring.
d that right-of-vsy clearingWe had to previo The DEL Froject Leader, is
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l dge with the letter ham noteth Anna to Ladysmithvoluntarily swep f ur tlwr now 531 complete.
transsimaion lines (hor 1971 and is VI;PCD has enber 29, work was underway.ly until the Caux.ission has re Sz t.his cleariac f or this line on their tna6 1971.
res trict and of
-l response of Deces.ber 27, lines, VE!'CO has agreed tountil the d right-of-way acquisition On all other transmission
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activittaa to planning an itted we find id of the inf ormattor. submitination and have tue 8 month MEPA per o.
area an I
eviev (S9L I
Baseu on our preliminary rf or t.itering cur orig.inal detertr ansmiss i
of tot no L ae e n suspctd coustruct ton 1
ordtr to C).
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T Constis eione rs 4 Accordingly, we have prepared an order to enspend clearing of the right-of-way and constructing the second Diablo-Kidway transmission line.
(See Enclos ure A).
Msechinnon Islanc g
Florida Paarer and Light Company's statement seuritted la respanas to our show causa datarmination raada as follows:
"It is rsaneetad that ac hearing be shulad in this matter until further action try the licenses at auch time as it may bezens c N that the EEPA review will be coupleted in time to prevent (4 5 <ys in work en the transmission It.=n."
l The schedule for complating the NEPA review is somewhat uncertain, but i
it is estimated that it vili mot be complate until September er October, 1972.
We have preparse an order to suspend camatruction of the tr====1 a m i on lihaa.
(See gaclosure B).
I North Anna 1 & 2 The response and statoesnt containing additional technical information recaised from Virginia Electric Power Company did not requaat a public nearing. These documents were not filed under oath or af firmation.
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The DEL Project Leader, in reviewing the technical information sobaf tend 1
wit h the let te r has not ed tha t right-of-vsy clearing for one of the transmission lines (North Anna to Ladysmith) had, in f act, begun before g
Woved er 29, 19 71 and is now 53% compla te.
We had so previous knavledge A>
2 tnat this worb was underway. VLPCD has voluntarily swepended further clearing for this line only until the Comr.ission has reviewed thef r res pons e of Deces.be r 27, 1971.
On all other transmission lines. VEPCO has agreed to restrict their l
I actisittaa to planning and right-of-way acquisition ta2t11 the and of I
tue 8 month NEPA period.
i Raseu on our preliminary reviev of the information submitted, we find I
no 1. ar e s f or r.ite ring cut original determination and have prepares an ordt r to susperd coustruct ion of tot t r ans itis s i on lines.
(See Enc l a u rs C).
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l eM aaiona rs Three F le Irisit 1 & 2 A reply and stacasent containing additional infornation and data was submitts6d by Matropolitan Liison Company on December 28, 1971 in response to our show cause determination. No reques t for a hearing was made; however, the company requested the c e ssion withdrav its datarmination to suspend construction of of f-site transmission ilmas.
In the cover istter transmit ting their statement, the applicant stated l
that " Aoth the ansvar and statement provide information which we (Het Ed) had not previously brought to your (AEC) attentico and wttich corrects f actual misunderstandings which we (Met Ed) had allowed to i
mais t. " de now find that clearing of the right-of-way for the 67.3 mile Rechtalsv111e transraission linas was eospisted ou November 26, 1971. Tower erection has been started, but is not cocuplete. Clear'ing of the 7.16 Jtsaista line has not yet besa started, but is scheduled to begin March 31, 1972.
Wort. on taass transmission lines is proceeding in accordance with the guidelines issued by the Departments of latorior and Agriculture entitled " Environmental Criteria for Electric Transmission Systees."
The ispact ou the anvironment of const ructing the Rechtalsville trans-missico lina has already occurrad. However, we find no basis in the additional information subs.itted, for altering our determinatioe regarding construction of the Junista line. Theruf ore, we have pre-pared an order seepending construction of this transmission lina, (See Enclosure D).
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i A reques t for intervention was re ceived f r om a p ar ty t o t he cons t ruc-l tion permit bearinE.
In a f ormal answer to thin reques t filed with the Commission, the regulatory staf f has taken tue pcsition that the
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roq uas t does not state a sufficient basis for nolding the hearing.
U tiowever, tim staf f indicated in its answer that it would have no ov;wction to allowing, tne petitioners additional time to clarify ti,e basic for their request.
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/. req ue s t for a hearing was receiveo f rom. Mary Hays Wef k.
In a f o rcal answer to tais re guest, filed with the Commission, the regula-toit a c c f f has t a er, the posi ti ot; that the request enoulo be relected ua toe groua.d that it d oc e.
not state a sufficient b as is for
.4 henring.
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A r eq ues t w as made by the A t t o rney Gene ral f o r the S t at e o f Minnes ot a i
for an extanaion of time for requesting a public bearicg.
In a formal answer to this reques t filed with tue Constiasion, the reguistory staf f j
j has indicated that it would have so objection to an order allowing Monticello m additional thirty days within which to fil e a request 3
for a hearing.
1 in addition, en envirom:ssatal organizatien, NECCA, has filed a reques t for a public hearing. Tne applicant and the regulatory staf f have filed letters with the Secretary of the Ca=H=sion reques ting that the latest date for the fillag of answers to the K.;CLA reques t be estended until y
J 15 days af ter the latest date for the filing of the request by the State of Minnesota.
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We have found that a potential exists for three psblic hearings on
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Monticello. Tasy includo:
(1) a hearing um our determination mot to suspend operations, (2) a hearing on insises covered by Appendix D to l
CrE rart 50, and (3) a bearing on issuance of a full-ters license.
We nad hoped that a slugle hearing could be designed to achieve the
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objectivus of the three potential bearings mentioned above. Efforts I(
to develop the baats for agreement among the interested parties for 4/ I the single hearing were unsuccessf uJ because MECCA would not agree to I
withdrev or defer its request for a hearing on the sinspension matter.
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Wone t be lass, t.be s taf f has agreed to us a i ts bes t e f fort.s t o couple t e ene Monticello draf t environmental statement by the first week of 3
M4;- 1972 and to provide an opportsanity for a hearing at that ti sm.
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The State of Minnesota has indicated that it will de f e r any reques t t cr a nearing on the suspension matte r in view of the acce le rat e d schedule to which Lt.e staf f has agreed, i
D a vi s-he s s e i.
Tne Coalitiou f or Safe Nuclear Power, a party to the couat ruction permit nearing, requestea by their letter to tne Dirtetor of Regulation dated D cect>e r b.
1971, that the Determination and Finding in this case be se.m:tted L. the Un i t t. J St ates Court of Appeals, W a s,ai ngt on D.
C.
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re q ue s t tot a hearing was c.ade.
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Cs.amia mioasts (
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j OCC adriand the Coalition by letter dated January 3,1972 that they could request an extension of time for filing a request for a bearing i
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provided good causa could be shown.
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f Carolina Power and Light Coapany filed an answer to the Order To Shov i
]6 Cause and a star = ant containing supplemental information on December 16, 1971. The Campany requestad that the Director of Bagulation withdrav er modify his determination to suspend certain construction activities l
f' at the Brunswick Plant and issue instand a determination not to suspend.
They further stated that in the event their reques t was denied, CF&1.
demands a hearing to datermine whather construction activities involving the of f-sits tr===ission lines and of f-site portions of the discharFe
- f canal should be auspended pending completio.a of those portions of the ll NEFA ravis.'.
have concluded that the Coupany's answar to our Ordar To Show Cense does not provida a basis for altering our November 18, 1971 Determination to suspend construction activities 'en the of f-eita portions of the dis-charge canal and on the transmission lines. We have prvpared an Order designating the tias and pl. ace f or the hearing dammaded by the Company.
i (See Enclosure E).
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(strned) L. M. Munizing j
l L. Wanning matting 4
Director of Ragulation l
i knclos uras ;
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Order - Diablo Canyon Dis t ribut ion:
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Order - Hutchinson Island Dx ket F. Schreeder j
l C.
Order - North Anna DR Reading R. S. Boyd l
D.
Order - Three Mile Island DRL Readit.g
- h. C. DeYoung E.
Order - Bruarvick BWR-1 File G.
Ertter L. M. Muntzing OCC I
cc:
Secretary (2)
S. H. Harauer W. Butler l
General Counsel (2)
- c. L. Henders,en D.
Knutn i
Ceneral Manage.r (2)
P. A. Merris S. Kari E. C. Case J. Cock i
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