ML20127H272

Memorandum & Order Re 720825 Notice of Consideration of Conversion of OL Opportunity for Hearing

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: ML20127H272 ML20127H331
References
NUDOCS 9211180468
Download: ML20127H272 (3)

Text

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DOCKET NUMBElt UNITED ST*.TES OF AMERICA

- ATOMIC ENERGY COMMIS$10N y s Commissioners: ff

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James R. Schlesinger, Chairman James T. Romey @ MAEC ,3 j Clarence E. Larson O C.

Willian O. Doub DEC2 01972

' 6-Dixy Lee Ray "$.M, h w ,p

'e  ?\,. 33 f j tr. tha Matter of QO HnRTFERM STt.TES PO'.,'Ei; 00h/2/ Decket No. 50-263 (Mmiccile M. lear Ge .:rst!ng o !:r,t ,))

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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 matter appeared in the Federal Re;' ster (37 F.R.17231). The notice l

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 issuance of a

! full-term operating 1Icense, assuming an! appropriate re-l c;ues t. The State of Minnesota and MECCA [ Minnesota Environmental Control l

9211180468 721219 .

PDR ADOCK 05000263 O PDR

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Citizen's Association) shall be parties to any such hearing, which shall  ;

be consolidated with the hearing contemplated by 10 CFR Part 50, Appendix 0, Section E." \

Petitior.s to Ir,tcrvene were thereaf ter filed by MECCA (including ,

members Russell J. Ectlin; and E. Taylor Hare as individuals), the l

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 g

notice is warranted and that it shall be consolidated with the hearing

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directed by our May 3rd Memorandum and 07dir.1- Petit'ioners are hereby admitted as parties to :his ccnsc11 dated proceeding.- A nortre-imple-l menting this decision is appended to this Memorandum and Order.as .

Attachment A. ,

j { By admitting petitioners as parties, we do not n'ecessarily' accept any of their contentfor.s. The Atomic Safety and Licensing Board, in

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We agree with the Staf f that the adequacy of the petitions should i

be judged by the rules in ef fect at the time the notice appeared . . -

t in the Federal Reg 1 ster. The remainder of this proceeding, under 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 j 8 of parties. '

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Several contention., appear to cnallenge the validity of Commission l l

! regulations. Wile such challenses would be inappropriate in this pro-I-

a i ceeding, we nota that 10 CFR 2 753 speelfically permits a party to seek 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 ,

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! 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

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• 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.- -

t it is so ORDERED. *

! 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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