ML20207R660
| ML20207R660 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/12/1974 |
| From: | Nelson J US ATOMIC ENERGY COMMISSION (AEC) |
| To: | |
| Shared Package | |
| ML20207R659 | List: |
| References | |
| FOIA-87-29, TASK-AIA, TASK-SE SECY-A-74-089, SECY-A-74-89, NUDOCS 8703170512 | |
| Download: ML20207R660 (2) | |
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- SECY-A 74-89
'M arch 12, 1974
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ADJUDICATORY ITEM
SUMMARY
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Subject:
Petition to suspend construction.
Facility:
Diablo Canyon, Units 1 and 2.
Purpose:
To approve a Commission Memorandum and Order.
Discussion:
The Scenic Shoreline Preservation Conference, inter-venor in the operating license proceedings for this facility, seeks to halt construction.
It alleges newly discovered questions relating to " geological fault".
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The pleading raises factual matters which cannot be j
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meaningfully resolved without a hearing. The proceeding t
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is scheduled for 0.L. hearings to begin soon before a w
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'M Board already appointed. These hearings will involve 2
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" geological fault" issues.
In these circumstances, we ej d
suggest referring the matter to that Board. The draft S_
?j memorandum and order allows the Board, if it chooses,
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For the Commission to resolve this technical factual dispute on the face of the papers would be inappropriate and arguably indefensible as a matter of law.
Reconinendation:
Approval of the proposed Memorandum and Order.
Scheduling:
Commission consideration at adjudicatory session on Monday, March 18. Waiver of the five-day rule is requested in view of the need for notice in advance of the forthcoming pre-hearing conference.
/'O Jerome Nelson Solicitor Folli-Y1*'l B/t.
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8703170512 070313 PDR FOIA SCHWENCE87-29 PDR
d DISTRIBUTION NO. OF COPIES Secretary 11 Chairman Ray 3
Commissioner Larson 2
Commissioner Doub 2
Commissioner Kriegsman 3
Commissioner Anders 2
General Counsel 4
Information Services 2
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