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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20211P1421986-12-16016 December 1986 Order Terminating CPPR-170 & CPPR-171 for Marble Hill Nuclear Generating Station ML20215E6651986-12-16016 December 1986 Notice of Withdrawal of Application for OLs for Marble Hill Nuclear Generating Station,Per Util 850404 Motion to Terminate Proceedings.Aslb Issued Memorandum & Order LBP-86-37 on 861103,terminating OL Proceeding ML20215N6211986-11-0303 November 1986 Memorandum & Order LBP-86-37,terminating OL Proceeding,In Response to Applicant 850404 Motion.Served on 861104 ML20214K7331986-08-19019 August 1986 Response to Applicant 860702 Suppl to Motion to Terminate Proceedings & NRC 860721 Response to Board 860530 Memorandum & Order.Applicant Cannot Invoke Jurisdiction of NRC & ASLB W/O Accepting Conditions.Certificate of Svc Encl ML20214K7711986-08-12012 August 1986 Responds to NRC Staff Position on 860530 Memorandum & Order Re Facility Site Restoration.Opposes Any Decision Not Providing for clean-up of Site ML20205C3001986-08-11011 August 1986 Request for Extension of Time Until 860815 to File Response to Util 860702 Suppl to Motion to Terminate Proceeding & NRC 860721 Response to 860530 Memorandum & Order.Certificate of Svc Encl ML20203E3681986-07-21021 July 1986 Response to Board 860530 Memorandum & Order Re Util 850404 Motion to Terminate Proceeding & Util 860702 Suppl to Motion.In Absence of Issuance of Notice of Hearing,Util Motion Should Be Granted ML20203E4101986-07-21021 July 1986 Supplemental Affidavit of RB Samworth Re Termination of Const in Manner Favoring Reduction or Avoidance of Significant Environ Impacts,Per Util Motion for Withdrawal of Application.Certificate of Svc Encl ML20199L0521986-07-0202 July 1986 Suppl to Motion Supporting Terminating Proceeding.Argues That Board Has No Jurisdiction Over Surrender of Cps. Surrender of Permits to Director of NRR Should Render OL Proceeding Moot ML20206D5771986-06-18018 June 1986 Memorandum & Order Amending ASLB 860530 Order to Allow State of in Sassafras Audubon Soc to File Answer to Applicant Suppl to Motion to Terminate within 10 Days After Svc of Suppl.Encl Served.Served on 860619 ML20198K7291986-05-30030 May 1986 Memorandum & Order Directing That Applicants Suppl 850404 Motion to Terminate OL Proceeding within 30 Days of Svc of Order.Nrc May Respond to Applicants Suppl within 15 Days Following Svc of Suppl.Served on 860602 ML20140G0741986-03-28028 March 1986 Supplemental Answer Supporting Applicant 850404 Motion to Terminate Proceeding.Rb Samworth Affidavit Encl ML20140G1051986-03-27027 March 1986 Affidavit of RB Samworth Determining No Significant Detrimental Impact on or Offsite Resulting from Termination of Proceeding.W/Certificate of Svc ML20100G2871985-04-0404 April 1985 Motion to Terminate OL Proceeding.Cps Surrendered to NRC by .Certificate of Svc Encl ML20082R6581983-12-0808 December 1983 Pp 11 of Response to Sassafras Audubon Soc & Valley Watch, Inc Contentions ML20082K2541983-11-30030 November 1983 Response to Save the Valley,Inc 831021 Provisional Contentions.Contention 2 Should Be Deferred & Contentions 1 & 3-15 Should Not Be Admitted.Certificate of Svc Encl ML20078R6531983-11-10010 November 1983 Motion for Extension Until 831130 to Respond to Indiana Sassafras Audubon Soc & Valley Watch,Inc Amended Petitions to Intervene & Save the Valley Contentions.Certificate of Svc Encl ML20081M5501983-11-10010 November 1983 Motion for Extension to 831130 to Respond to Amended Petitions to Intervene & to Complete Technical Analysis of Numerous Contentions.Motion Granted by ASLB on 831114 ML20081A5011983-10-21021 October 1983 Petition of Save the Valley for Leave to Intervene,Listing 15 Contentions Re Integrity of Concrete in safety-related Structures,Electrical Work,Evacuation Plans & Common Mode Failures.Certificate of Svc Encl ML20024E0511983-08-0808 August 1983 Answer Opposing Indiana Sassafras Audubon Soc 830722 Amended Petition to Intervene.Soc Failed to Particularize Group Interests or Member Interest & Failed to Satisfy Injury in Fact Requirement.Certificate of Svc Encl ML20077G0821983-07-26026 July 1983 Amend to Vally Watch,Inc Petition to Intervene & Request for Hearing Re Ol.Affidavits of Members to Establish Standing Encl ML20077C8481983-07-21021 July 1983 Amend to Petition to Intervene in OL Hearing.Petitioner Makes Requisite Showing That Members Have Standing & Have Authorized Petitioner to Represent Interests.Contentions to Be Litigated Identified.Certificate of Svc Encl ML20090F6761983-07-0101 July 1983 Notices of Appearance in Proceeding.Certificate of Svc Encl ML20074A4561983-05-12012 May 1983 Answer to Indiana Sassafras Audubon Society (Isas) Petition for Leave to Intervene.Isas Fails to Establish Right to Intervene.Certificate of Svc Encl ML20074A4811983-05-12012 May 1983 Response W/O Objection to Save the Valley Petition for Leave to Intervene,Provided Applicant May Object to Contentions & Right to Hearing After Petition Suppl Filed. Certificate of Svc Encl ML20074A6481983-05-12012 May 1983 Response Opposing Valley Watch,Inc 820427 Petition for Leave to Intervene in Proceeding.Petitioner Fails to Estabish Sufficient Interest in Proceeding to Establish Standing as Matter of Right or Discretion.W/Certificate of Svc ML20073P9811983-04-25025 April 1983 Petition of Save the Valley to Intervene in OL Proceeding, Listing Contentions ML20073P9871983-04-19019 April 1983 Petition of Valley Watch,Inc to Intervene in OL Proceeding, Listing Contentions ML20073P9911983-04-16016 April 1983 Petition of Sassafras Audubon Soc of South Central in to Intervene in OL Proceeding,Listing Contentions ML20039B7421981-12-11011 December 1981 Commentary on Rc Deyoung 811208 Supplemental Decision Under 10CFR2.206.Hearing Necessary Since IE Action Allowing Resumption of Concrete Placement Violated Commission Criteria for Plant Reopening.Certificate of Svc Encl ML20062M6301981-12-11011 December 1981 Commentary on Rc Deyoung 811130 Supplemental Decision. Decision Lacks Candor Re Prior Commentary of Ofc of Policy Evaluation.Nrc Established Procedure Extremely Biased. Certificate of Svc Encl ML20140B2651981-08-31031 August 1981 Aug 1981 Official Newsletter of Save the Valley ML20009B2801981-07-10010 July 1981 Addendum to 810414 Petition for Commission Review of NRC 810327 Order to Resume Const at Facility.Independent Engineers Must Defend Determination of 95% Reliability. Certificate of Svc Encl.Related Correspondence ML19343D3821981-04-14014 April 1981 Petition & Supporting Memorandum for Review of NRC 810327 Order to Resume Const.No Written Findings or Conclusions Addressing Adequacy of License Investigation & Repairs of Concrete Placement Have Been Provided ML19323E4901980-05-14014 May 1980 Addl Comments on Intervenor 800507 Pleading Re Resumption of Work.Urges Commission to Consider Encl Affidavits Re Whether IE Should Have Confidence in QC Program & Whether New Madrid Seismic Zone Extension Should Be Made ML19305E5701980-05-0707 May 1980 Comments Re Reopening of Facility,Addressing Licensee 800305 Request for Insp of Safety Matls & Licensee Independent Exam of Concrete.Urges Positive Action Re QC Violations & Improperly Placed Concrete ML19316B1531980-04-29029 April 1980 Response to Save the Valley-Save Marble Hill 800423 Motion to Strike & Objections to Util Bill of Costs Re Civil Action 78-1369 on Appeal.Urges Assigning Costs to State of Ky & Intervenor.W/Certificate of Svc.Related Correspondence ML19211A9511979-12-10010 December 1979 Appeals for Review of Director'S Decision Under 10CFR2.206. Director Abused Discretionary Power in Denying Requests to Reopen Safety Hearings at Meaningful Point in Licensing Process ML19254F8161979-10-20020 October 1979 Motion in Opposition to NRC Motion for Denial of Audubon Society Request for Hearing on NRC 790815 Order Confirming Suspension of safety-related Const.Economic Injury Is Sufficient Status for Hearing ML19323E5131979-09-30030 September 1979 Affidavit Re Us Testing,Facility sub-contractors ML19208D5071979-09-24024 September 1979 Petition Calling for Revocation of Facility CP ML20136B4331979-09-0101 September 1979 Request to Suspend & Revoke CP & to Reopen Safety Hearings. Newspaper Articles Encl ML19207B4561979-08-29029 August 1979 Petition Objecting to Problems at Plant.Problems Include Poor Const & Qa,Nuclear Waste Storage & Lack of Demonstrated Need for Plant.Requests That CP Be Revoked,Safety Hearings Be Reopened & Congressional Hearings Be Initiated ML19259C8621979-08-12012 August 1979 Requests Revocation of Cp,Reopening of NRC Safety Hearings & Start of Planned Congressional Hearings ML19323E5171979-07-22022 July 1979 Affidavit Re Quality of Concrete Pours ML19323E5021979-07-0808 July 1979 Affidavit Re Glaring Concrete Workmanship Defects in & Around Containment & Alleged Improper Attitudes of Newberg- Marble Hill Const Co ML19323E4981979-07-0808 July 1979 Affidavit Re Glaring Concrete Workmanship Defects in & Around Containment & Alleged Improper Attitudes of Newberg-Marble Hill Const Co ML19323E4931979-07-0707 July 1979 Affidavit Re Glaring Concrete Workmanship Defects in & Around Containment & Alleged Improper Attitudes of Newberg- Marble Hill Const Co ML19323E5061979-05-0808 May 1979 Deposition Re Water Leaking,Patches & Honeycombs.Pp 2-22 ML19345B2591979-05-0808 May 1979 Statement of 790508 Appearance in Madison,In Re Const Deficiences.Pp 1-23 1986-08-19
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20215E6651986-12-16016 December 1986 Notice of Withdrawal of Application for OLs for Marble Hill Nuclear Generating Station,Per Util 850404 Motion to Terminate Proceedings.Aslb Issued Memorandum & Order LBP-86-37 on 861103,terminating OL Proceeding ML20090F6761983-07-0101 July 1983 Notices of Appearance in Proceeding.Certificate of Svc Encl ML20039B7421981-12-11011 December 1981 Commentary on Rc Deyoung 811208 Supplemental Decision Under 10CFR2.206.Hearing Necessary Since IE Action Allowing Resumption of Concrete Placement Violated Commission Criteria for Plant Reopening.Certificate of Svc Encl ML20062M6301981-12-11011 December 1981 Commentary on Rc Deyoung 811130 Supplemental Decision. Decision Lacks Candor Re Prior Commentary of Ofc of Policy Evaluation.Nrc Established Procedure Extremely Biased. Certificate of Svc Encl ML20140B2651981-08-31031 August 1981 Aug 1981 Official Newsletter of Save the Valley 1986-12-16
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'e' fn0D. L UTIL E:.C..N.Ek.k.b S T V FORUM OFFICIAL NEWSLETTER: SA VE-1HE-VA LLEY VOLUME 8 August 1981 No. 4 t
An open letter to the Officers and Board, Pubile Service India g d with special attention to the bbdia and members of S.T.V.
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.' h Public Service Indiana is faced with an historic opportun(3y.n du w) t,i '
decisions future and actions, of your Country. whatever they may be, will be fat (Ell Let us explain, m foptpy ggy,, T-j -
ihLgs ,3le From just af ter the middle of the last century, when rail fs had '
spread a life-giving network across the land, there developep; n era 7 of gross overbuilding. , j I
Succombing to a varice, a sin condemned by all religions, but allowed to go to an extreme by various governmental decisions, enormous, un-needed expansion of rail lines occurred, with watering of stock, speculation and other excesses.
1 In the resulting collapse of the stock market in 1873 (fueled also by other factors, of course) the depression of the mid-1880s, and the panic of 1893, millions of small peop'e suffered untold misery. The rail-roads have not recovered to this day.
History does not repeat itself except in large. Now we see an aspect of history repeating: gross overbuilding in the electric utility in-dustry. Public Service Commissions are required, of course, to give utilities a fair return on their investment, and a galaxy of tax in-ducements make it profitable to build even unneeded plants.
In our opinion the utility industry is heading toward public reaction against excessive charges, against overbuilding, and against the flagrant misuse of subsidies of all kinds. We can foresee an era of class-action suits by stockholders and , or, consumer coalitions,
' against electric utilities alleging mismanagement by Officers and by Boards of Directors. Watering of utility stock has already been alleged. The Ford Foundation report A Time To Choose pointed to ill effects on the economy because highly capital-intensive enterprises i
(e.g. the 5+ billion projected bbrble Hill bill) drain money away from much needed labor-intensive job-producing industry.
In the case of bbrble Hill you have decreased your projected system needs for 1985 from some 7200 megawatts (MW) (1974 projection) to less than 5000 MW (1980 projection) in your Annual Reports. The difference is much more than the expected output of hbrble Hill! You show, by your own figures, tha t bbrble Hill is re dunda n t.
It PSI were to " bite the bullet", admit to having made a forecasting mistake, and stop construction of Marble Hill, you would immediately become a leader in the ethics and marketplace of the industry. Your corporate image would more than regain the strength on both counts that you have lost in the shoddy-construction fiasco. The public would rally to you as leaders in fulfilling your part in the Federal Admin-istration p r sponsible fiscal behavior, v R) p Offe e with continuing concern.
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Support for this Letter (partial listing)
- Daniel L. White, in Public Utilities _ Fortninhtiv, January 18, 1979:
"Because electric utilities are highly capital intensive, accurate predictions of the growth in energy demand are paramount to keeping consumer costs.down." (p. 27)
. . . there is currently [1979] 38 per cent reserve margin in the utility industry. Twenty per cent should be sufficient for a reserve and, in fact, the extra reserve is probably costing utility consumers about $10 billion annually." (p. 28)
"For the pa st six years, utility common stocks have sold below book value on average. Large sales of common stock at less than book value reduce the value of shares already outstanding." (p. 29)
- Eliot Marshall, in Science, 211 (January 3, 1981), p. 461:
" America's electric utilities are in trouble, not as much trouble as the auto and steel industries, but enough to make Wall Street nervour.
about their future. Nineteen eighty-one may be an especially traumatic year for the inves tor-owned companies, which supply more than three-quarters of the na tion 's electric power, for some will have to change radically to survive. Ehey are losing income because the demand for electricity has fallen, construction costs are rising rapidly, and the public is refusing to pay higher electric bills. . . .
" Confronted with this situation, investment experts such as those at New York's bond ra ting company, Standard & Poor's are beginning to
' echo the advice given to utilities in years past by conservationists.
They are telling hard-pressed companies to cut back construction pro-grams and try to cut demand. "
" Roger Taylor, vice president in charge of utility issues for
! Standard & Poor's, says 'We have cut more bond ratings than I would I care to relate ever the past several years, and we continue to cut.
l In 1980 we cut 28 or 29 out of a universe of125 companies.
(p. 461)
"It just doesn't make sense,to keep on building more and more plants ad nauseam," Taylor thinks.
l
- Griffith R. bbrris and Richard J. Le vin , " Addressing the ' Excess Capacity' Issue," Public Utilities _ Fortnightly, bbrch 12, 1981, p. 23:
"In some cases, utilities are penalized upon the finding of ' excess ca pacity. ' In one recent case, for example, the public service commission 455-megawatt share of Missouri found that Kansas City Power & Light Company's of the Iatan power project was ' excess capacity' and was that excluded it from the rate base. The commission's justification l
. . . The company can provide safe and adequate service to its ratepayers without Iatan in its rate base and that therefore Iatan is not needed to meet the needs
3 of the company's ratepayers during the period these rates will be in effect. . . .
Power & Light Co. (June 19,1980[)Eg Case Kansas City No. ER 48.]
The commission also denied recovery of Iatan's costs in a subse-quent rate application seeking interim relief. "
- Lawrence Rout, " Job of Corporate Director Becomes More Susceptible to Legal Assault," Wall Street Journal, bbrch 3,1981, Section 2:
"'The requirement that directors sign the 10K [ annual report] really says that they have to take a meaningful hand in the operation of the business, and that they will be held accountable if things go wrong,'
says Fbrvin Pickholz, a Washington lawyer and former assistant director of the SEC's enforcement di vision. "
- Michael Brody, in Barron's, August 24, 1981, p. 4, writes in a table "At Risk: Utility Involvement in Nuclear Plant Construction as of April 1981," that PS of Indiana, capitalized at $2,235 million has $743 million in nuclear construction. This is 33% of their capitalization.
In the last paragraph of his article (p. 21) Brody writes: "
Lewis Perl, of National Economic Research Associates, who has done extensive consulting work on behalf of the nuclear utilities. . . comments candidly, 'If I were a utility executive today, either with a nuclear plant a short distance underway or with one I hadn't started building, I'd get out of it and I'd never build anot'her. Because I think the risks to your stockholders are just intolerable."
STV thinks PSI is only a short distance underway with Marble Hill which would cost at least $5 billion to complete.
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A bi-monthly non-profit publication committed to reporting newsworthy
-items pertaining to siting power plants in the southern Indiana and northern Kentucky areas of the Ohio River Valley.
- P. O. Box 813. Madison. IN 47250
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