ML20127H272
| ML20127H272 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 12/19/1972 |
| From: | Bender P US ATOMIC ENERGY COMMISSION (AEC) |
| To: | NORTHERN STATES POWER CO. |
| Shared Package | |
| ML20127H276 | List: |
| References | |
| NUDOCS 9211180468 | |
| Download: ML20127H272 (3) | |
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DOCKET NUMBElt UNITED ST*.TES OF AMERICA ATOMIC ENERGY COMMIS$10N y
s Commissioners:
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'b James R. Schlesinger, Chairman D0CI(ygg James T. Romey MAEC
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Clarence E. Larson O
DEC2 01972 C.
Willian O. Doub 6-
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Dixy Lee Ray w
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tr. tha Matter of QO HnRTFERM STt.TES PO'.,'Ei; 00h/2/
Decket No. 50-263 o !:r,t,))
(Mmiccile M. lear Ge.:rst!ng j
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MEMORANDUE AND ORDER On Aug.nt 25, 1972, a "idtice of Consideration of Conversion of I
Provisional Operating License Opportunity for Hearing" in the above l
matter appeared in the Federal Re;' ster (37 F.R.17231). The notice advised that "any person whose interest may be affected by this pro-ccading ma'/ 'lle a petit on for lecvc to intervene (1) with respect to
- 3. ether, considering those matters covered by Appendix D to 10 CFR Part 50, the provisional operating license should be continued, modified, terminated or appropriately conditioned to protect environmental values, c.nd (2) with respect to the issuance of a full-term facility operating l
11 cense." The notice further aavised, reiterating a Commission
- memorandum c.ad order of May 3,1972, that "[hlearings will be conducted on any i
full-term operating 1Icense, assuming an! appropriate re-issuance of a l
c;ues t.
The State of Minnesota and MECCA [ Minnesota Environmental Control l
9211180468 721219 PDR ADOCK 05000263 O
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Citizen's Association) shall be parties to any such hearing, which shall
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be consolidated with the hearing contemplated by 10 CFR Part 50, Appendix 0, Section E."
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Petitior.s to Ir,tcrvene were thereaf ter filed by MECCA (including l
members Russell J. Ectlin; and E. Taylor Hare as individuals), the Minnesota Pollut'on C:.ntrei Agerri, an agency of the State of Minnesota, the city of 56 nt Paul, M:nr.usc:3, cc.d Secvc J. Gadler. Answers to the petitions were received frcm.spplicant and the AEC, Regulatory Staf f.
The Staff took the position that all the petitions to intervene were adequate and should be granted, subject to further refinement of con-i tentions.
Applicant, while objecting to va-lous contentions, did not i
ask that the petitions therefore be denied.
t We conclude that a hearing on the matters covered by the August 25 notice is warranted and that it shall be consolidated with the hearing g
directed by our May 3rd Memorandum and 07dir.1-Petit'ioners are hereby
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l admitted as parties to :his ccnsc11 dated proceeding.- A nortre-imple-menting this decision is appended to this Memorandum and Order.as Attachment A.
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By admitting petitioners as parties, we do not n'ecessarily' accept any of their contentfor.s. The Atomic Safety and Licensing Board, in 1/
We agree with the Staf f that the adequacy of the petitions should
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be judged by the rules in ef fect at the time the notice appeared i
in the Federal Reg 1 ster. The remainder of this proceeding, under t
the guidance of an Atomic Safety and Licensing Boabd, will be l
conducted in accordance with the Commission's restructured Rules of Practice,10 CFR Part 2, ef fective August 28, 1972.
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li Its discretion, will determine which contentions warrant consideration f
in the hearing and will direct whatever restatement of the issues it l
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deems appropriate.
The 1.lcensing Board should also consider' Applicant's suggestion, pursutnt to 10 CFA 2 715 a, concerning possible consolidation i
1 of parties.
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s Several contention., appear to cnallenge the validity of Commission l
l regulations.
Wile such challenses would be inappropriate in this pro-I-
a ceeding, we nota that 10 CFR 2 753 speelfically permits a party to seek i
a naiver or exceptien by shcwing thet "special circumstances with respect l
to the subject matter of the particular proceeding are such that applica-tion of the rule or regulation... would not serve the. purposes for which the rule or regulation was adopted." Such a walver or exception i
b can be granted only in unusual and compelling circumstances. That machanism is not foreclosed, bewever, merely because the rule in question i
15 also being considered in a rule-making context. -While this circum-stance should be consloered by the licensing board in deciding whether a 1
i prima
- f acle case for wciver has been made, it is' not' conc 16stve of requests,
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-i under'10 CFR 2 758.-
it is so ORDERED.
t Ey the Comission.
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L G,
s_ p_ 4 x Paul C. Bender N i
Secretary of the Commission 1
l Dated at Germantown, Maryland
- this 19thday. of December
. - 1972.
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