ML20127J510

Requests That No OL Be Issued for Monticello Plant Until Courts Make Decision Re NSP Vs State of Mn

ML20127J510
Person / Time
Site:	Monticello
Issue date:	02/06/1970
From:	Badalich J MINNESOTA, STATE OF
To:	Seaborg G US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 9211190358
Download: ML20127J510 (2)

Text

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POLLUTION CONTROL AGENCY ST.FAUL

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The ligl norable' Glenn T. Seaborg 9

.i Chairman

-i U. S.bAtomic Energy Commission Washington, D.C.

20545 p

Re's Northern States' Power v.

State of Minnesota et al

.c Dear Mr. Seaborg It is, of 'cours,c, well--known to the Atomic Enerc)y Commission that the Minnesota Pollution-Control

_ Agency.has imposed environmental requirements for the Monticello Nuclear Facility and that Northern

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States Power has challenged, both in Federal and State courts,_the right of the Agency to exercise any control over the facility.

y In view of the f act_ that the courts. now have the I

obligation to decide whether or not the State of

- Minnesota has any authority to. do what it has _done s

with respect to this subject matter, 'it is the opinion :of = the' Pollution Control Agency that a-hearing on the-appl.i, cation of the Northern States Power for an operational li6cnse would be of no benefit'to any of the parties involved, and,-

therefore, makes no such reques t at - this - time.

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, The lionorable Glonn T. Seaborg s

February 6, 1970 Page 2 4

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the Atomic Energy Commission withhold anyL further action affecting the,Monticello' Plant until the l

i courts have made their decision and the Agency respect. fully requests, that no operational-license 1

i li, be issued until such a decision is forthcoming.

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Respectfully yours,

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John P. Badalich, P.E.

i l-LExecutive Director l

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Dr. Peter-A. Morris, Director.

l Division of Reactor Licensing i

Ilarold L. Prica, Director l

of Regulations i

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1 Rober't C. Tuveson,. Chairman Minnecota Pollution Contro] Agency i

y Sidney P. Gislason, Esq.

G. Robert Johnson, 'Special-Assistant Attorney General

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J ATOMIC ENERGY COMMISSION WASHINoTON. D.C. 20545 l

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John P. Badalich, P.E., Executive Director Minnesota Pollution Control Agency 717 Delaware Street, S.E.

Minneapolis, Minnesota 55440 s

Dear Mr. Badalich:

This is in reply to your letter of February 6, 1970, regarding the application of Northern States Power Company to operate the Monticello Nuclear Facility.

In your letter you refer to the pending litigation between NSP 4

and the State of Minnesota Pollution Control Agency as a basis for deferring any further action by AEC affecting the Monticello Facility. The central issue in that litigation is, of course, whether the Control Agency has the legal authority to impose restrictions, from the standpoint of radiological health and safety, on the operation of the Monticello Facility. The AEC's authority to carry out its own statutory responsibilities to protect the public health and cafety is not at issue in the litigation. We do not see, therefore, how we can defer carrying out our responsibilities in the Monticello proceeding.,

s Please be assured of our continuing cooperatien. We will con-tinue to keep _ you apprised of future significant developments in the Monticello proceeding.

s Sincerely, Harold L. Price Director of Regulation 1

cc: Robert C. Tuveson,' Chairman Minnesota Pollution Control Agency Sidney P. Gislason, Esq.

G. Robert Johnson, Special Assistant Attorney General I

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