ML20234B566

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Responds to Re PG&E Application to Construct Nuclear Reactor at Bodega Head.Usgs Studying Geology of Area.After Analysis of Rept,Date Will Be Set for Public Hearing.Related Info Encl.W/O Regulation
ML20234B566
Person / Time
Site: 05000000, Bodega Bay
Issue date: 08/12/1963
From: Jape G
US ATOMIC ENERGY COMMISSION (AEC)
To: Engle C
SENATE
Shared Package
ML20234A767 List: ... further results
References
FOIA-85-665 NUDOCS 8709180468
Download: ML20234B566 (13)
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Text

I k- I AUG 121963 -

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Dear senator Engles this replies to your letter of August 2, 1963 eoneerains the applica-tion of Pacific Gas & Electrie Omgany to construst a nuclear power reester at Bodega Emad, sonoma County, California.

At the commission's request, the U.~8. Geological survey earty'ia May basen a study of the geology of Bodega Bead. . When the report on that study has been reosived from the U. 3. Geological servey,'we will be in's better posittaa to complete cur analysis of the suitability of the modega Head site and to set a date for a pub 11s hearing on the Campany's application. We will inform you psomptly adosa the date is detamid. As h previously, the hearing will be held at Santa assa.

malative to the work under way at the Bodega Head site, section 50.10(b) of the Commission's regulation,1G CFR Part 50, a'oopy of'idaich is en-closed, peorvides that the constructive of a passposed resetor may not begia prior to the ia== of a construction peamit by the Atomic Emergy p" Commission. It should be noted, however, that " construction" as '

defined in this section does not include site muesvation, construction of moedueys, railroad spurs and toeporary buildings for use in con-section with construction.

If there is any further information you would like, please let us 1-know.

cc: Chairman (2)

Cong. Liaison (2) Sincerely, Secretariat (2)

H. L. Price

. Edwards 8 f d

Public Document Room (2) '.' s .

Formal Chairmen Bonorable Clair angle,,

Daited states senate

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l Dear Senator Engles This replies to your letter of August 2,1%3 concerning the ap-p11 cation of Pacific Cas & Electric Company to construct a nuclear power'1teactor at Bodega Head, Sonoma County, California.

At the Co\ Kasion's request, the U. S. Geological Survey early in May began a y y of the geology of Bodega Head. Until the re-port on that at is received from the U. S. Geological Survey, we will not be ab to set a date for a public hearing on the Company's applicati We will inform you promptly when the date is determined. As a ed previously, the hearing will be held at Santa Rosa.

Relative to the work underway the Bodega Head site, section 50.10(b) of the Comission's re ion,10 CFR Part. 50, a copy of which is enclosed, provides that t truction of a proposed reactor may not begin prior to the issus of a construction per-mit by the Atomic Energy Comisalon. It .s d be noted, however, that " construction" as defined in this section a not include site excavation, construction of roadways, railros spurs and temporary buildings for use in connection with const tion.

If there is any further inforinstion you would like, pleas let us know.

Sincerely, bec: Chairman )

Congressions (2)

Secretariat' Stan Robinson, SECY H. L. Price E. R. Price Chairman OGC C. T. Edwards Honorable Clair Engle Forent United States Senate Supplemental Public Document Room (2)

Enclosures y/

10 CFR Part 50 O N omct > .. . . . ..DLB _ LR C /SR REG. CONG. LIA f {,1 \ ,

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H:norable Citir Engis l Unitsd Stctes S:ncto (

DRAFT

' Enclosure [: 8/8/63

. 10 CFR Part 50 l In k geioLivu dcd 7/25/o3 --

Dear Senator Engle:

This replies to your letter of August 2, 1963 concerning the I application of Pacific Gas & Electric Company to construct a nuclear power reactor at Bodega Head, Sonoma County, California.

At the Comission's request, the U. S. Geological Survey early thie p::t May bcon a study of the geology of Bodega Head. Until the report on that study is received from the U. S. Geological Survey our-k.iL i.~< c ->. J / /r / r,

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- - qu's144on to set a date for a public hearing

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in-the  ::ttar, ,,,,ks,.1,<<ifen.f,<,.AA' announced pubMeiy, the hearing will be held at <

Santa Rosa. d-Relative to the work under way at the Bodega Head site, section ,

50.10(b) of the Comission's regulation,10 CFR Part 50, a copy of which is enclosed, provides that the construction of a proposed reactor may l not begin prior to the issuance of a construction permit by the Atomic , I l

Energy Comission. It should be noted, however, that " construction" as )

l defined in this section does not include site excavation, construction )

of roadways, railroad spurs and temporary buildings for use in connection withconstruction.kt,therequestofPacificGas&ElectricCo ,

the Comission's General Counse ta g ecently in a eted this section of the regulation as it applies to t pany Q ork under way at Bodega i N s Head. A copy of that in etation is enclosed. As po'Intesi out by the N

General Cou N

,, wor,k performed prior to receipt of a construction permit

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(,W 'M l Sincerely, Chairman i

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' DRAFT #4 EDWARDS:bmj DLR 8/8/63 ,

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Dear Senator Engle:

1 T- i This replies to your letter of August 2,.1963 concerning the applica-tion of Pacific Gas & Electric Company to construct a nuclear- power reactor W at Bodega Head,at Sonoma County, California.

At the Commission's request, the U. S. Geological Survey early this [i past May began a study of the geology of Bodega Head. Until the report on / * \,

C that study is received from the U. S. Geological Survey our regulatory [i staff is not in a position to set a date for a public- hearing in the matter.

./f'Relativetotheworkunderwayat_theBodegaHeadsite,section50.10(b).of jJ V the Comission's regulation, 10 CFR Part 50, a copy of which is enclosed, '

provides that the construction df a proposed reactor may not begin prior to the issuance of a construction permit by the Atomic Energy . Commission.

It should be noted, however, that " construction" as defined in this- section ,

does not include site excavation, construction of roadways, railroad spurs l '

and temporary buildings for use in connection with construction. At the request of Pacific Gas & Electric Company, the Comission's General Counsel has recently interpreted this section of the regulation as it applies to the company's work underway at Bodega Head. A copy of that interpretation

  • c e 1 -i t s .J e. < tf is enclosed. As rov 4ded-by-the regulation ~and emphasized by the General Counsel, work p rformed prior to receipt of a construction permit is at the risk of the company.

Thank you for your letter.

Sincerely p ,

Chairman Honorable Clair Engle United States Senate

Enclosures:

1. 10 CFR Part 50
7. Interpretation dtd 7/23/63

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DRAFT 8/7/63

Dear Senator Engle:

This replies to your letter of August 2, 1963 concerning the applica-  !

l tion of Pacific Gas & Electric Company to construct a nuclear power reactor at Bodega Head in Sonoma County, California.

The U. S. Geological Survey, at the Coaunission's request, has been  :

conducting a thorough field study of the geology of Bodega Head. In addition, expert consultants have been retained to assist the AEC regu-latory staff in evaluating Pacific Gas & Electric Company's application  !

with respect to the seismology of the area and the structural design of the proposed plant. The report by the U. S. Geological Survey has not  !

I yet been received by the Commission. Also, additional studies relating to the geology of the site are expected to continue through Septen3b er.

d&- i y. 6. w ns M n 4 nf**"'

WhileIshareyourviewthatthe[,4e(hearing,should be held as early as h,;

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r W e, we will be unable to set a date until all of the required information has been received and evaluated. At that time thirty days' prior notice of the public hearing will be given through a notice published in the Federal Register. In addition, a public uncement will be issued. A

(, e e al n --e n .or. -e .. "- .l copy of the notice will be forwarded to you promptly. Present plans are to hold the hearing in Santa Rosa.

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1 Honorable Clair Engle l i

l Relative to the work underway at the Bodega Head site, Section 50.10(b) of the Commission's regulations,10 CFR Part 50, " Licensing af "roduction andJ1H 1i ntion-faci-1+tted a copy of which is enclosed, provides that i

the construction of a proposed reactor may not begin prior to the issuance '

of a construction permit by the Atomic Energy Commission. It should be l

noted, however, that " construction" as defined in this section does not i

include site excavation, construction of roadways, railroad spurs and At the request of Pacific Gas & Electric Company, temporary buildings for use in connection with construction. The Commis-sion's General Counsel has recently interpreted this section of the "W

regulation as it applies to the work underway by "acific Ces & Electrit 4cepany at Bodega Head. A copy of that interpretation is enclosed. You will note that the Cuuutal Cvuu.444-.4n the4est parag eph -cf-thui. interpreta-D &f *Wb t4e n dvises Pacific Gas & Electric Company,that the "... interpretation shall have no effect on the subsequent granting or denial of a construction permit for the proposed Bodega Bay reactor and that any work performed pur-suant to this interpretation shall be performed entirely at the risk of the Pacific Cas & Electric Company."

Sincerely,

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Chainnan Honorable Clair Engir United States Senate

Enclosures:

1. 10 CFR Part 50
2. Interpretation dtd 7/23/63

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4 DRAFT #2 EDWARDS:bmj DLR -

8/7/63 g 1

Dear Senator Engle:

This refers to your letter of August 2,1963 concerning the fu\lic ,

hearing to be held in Santa Rosa, California, on Pacific Gas & Electric

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, Company's application to construct a power reactor at Bodega Head. You indicated your feeling that an early public hearing in the matter would be desirable.

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The technical evaluationgwhich I referred tu in my letter eo you of March'27, 1963 has not yet been completed., Since the unresolved questions relate largely to the safety of operation of' the proposed plant and since- .

the matter of safety will be the primary issue at the public hearing, re-quired by law, it appears premature as yet to set'a date for that hearing.

I am enclosing a memorandum by the regulatory staff which responds to the questions that you have raised. -

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Sincerely ==== ,

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l-Chairman Honorable Clair Engle United States Senate a

Enclosure:

Memorandum

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<.hl. l ITER /OhAUGUST2,1963 MEMORANDUM CONCERNING SENATOR ENGLE'S . '

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Since early May the U. S. . Geological Survey, at the Comission's . \ '

request, has been c nducting a thorough field study of the geology'of _ \

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Bodega Head. Inaditibn, expert'consultantshavebeenretainedtoassist

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the AEC regulatory staff in evaluating Pacific Gas & Electric Company's M )

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application with es pec t to.the seismology of the area and the structural

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. - . - - - - - . i design of the pr posed plant _s The%;gjt bhhepU. S. Geological Survey ~,1 I n-r ., s .a .-

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IT= 4dditiotif to"}.6.,e .<,. 4, . roth . c. u stud elese

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p .-hv.~ ::. 4,et c. . b,eent receivg.d.,t'a< t.;,, tin.,f.~tc.{<.<

s(%,<j ,e.c 16, ..w, p. 4- *,.., y /, L . 1 lat4ng-to-the Wr g,eology. of the .pite and-to-tSc-proposed reactor.Jire .under- -!

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y. , When all ff the requited information har been received and evaluated, I'.< (.I

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thirty days notice of the public hssring will be given through a notice published in the Federal Register. In addition, a public announcement j

, 1 l will be issued.

l Relative to work underway at the Bodega Head site, Section 50.10(b) of the Commission's regulation,10 CFR Part 50, " Licensing of Production 1

and Utilization Facilities", a copy of which is attached, provides that the i construction of a proposed reactor may not begin prior to the issuance of a construction permit by the Atomic Energy Commission. It should be noted bcy ,however, that " construction" as defined in this section does not include site excavation, construction of roadways, railroad spurs and' temporary buildings for use in connection with construction. 9;y7 Ju rccdt j

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latesyretat4c- " this section of the regulation,ib,yfEhe

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p..Q Commission'.s GeneraD (CNnsella o;.im.6d. T.he-interpretat4on-waa--made kt Dst of-the

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{he General Counsel in the last paragraph of that interpretation advises

.h Pacific Gas & Electric Company that the "... interpretation shall have no effect on the subsequent granting or denial of a construction permit for the proposed Bodega Bay reactor and that any work performed pursuant to this interpretation shall be performed entirely at the risk of the Pacific Cas & Electric Company."

Attachments :

1. 10 CFR Part 50
2. In'erpretation dtd 7/23/63 l

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DRAFT: EDWARDS:bmj DLR

' August 7, 1963 Deer Senator Engle:

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This refers to your letter of August 2, 1963 19 uhich-you-expressed l. '

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proposed

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l your fee 14ng-that--en ccrly public g . . P S . s:. :. < j ',. -i. ...

hearing 1 , + ,. , . .i r...,. j ~.

llin-t,he-mattar ^F tha (Bodega imp %ower feactor%would-be--desi-rahle.

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Since my-Narch'47 r--1963 -letter-to-you, the U. S. Geological Survey, at the Conmission's request, has been conducting a_ thorough field study of the geology of Bodega liead. In addition, expert consultants have been retained to assist the AEC regulatory staff in evaluating Pacific Gar &

Electric Company's application with respect to the seismology of the area the and the structural design of the proposed plant. -Finci c tica an .w S.- Geological-glication will not be te. ken unti_1_.t.jm_ vapav+- hy Phdtt .

Su_rvey has been rec'eived-and-evaluatede The technical evaluation'of the applicati,on c k'> yet been completed.

Yf t. haslnot Since the unresolved questions 3

relate largely to the safety of operation of the proposed plant and since the matter of safety ' O be tW primary issue at the public hearing, re-quired by law, it appears premature as yet to set a date for that hearing.

When all of the required information has been received and evaluated, thirty days notice of the public hearing, which will be held at t anta Rosa, In will be givenj through a notice published in the Federal Register.

additicn, a public announcement will be issued.

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Concernittg yvui j uference-to-e~*mhics :0rk at4he-Bodga IIead sitD

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f7c Section 50.10(b) of the Conmission's regulation,10 CFR Part h0, " Licensing

- of Pro' duction and Utilization Facilities", copy enclosed, provides that the construction of a proposed reactor may not begin prior to the issuance of b

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Honorable Clair Engle l l

You will note, j a construction permit by the Atomic Energy Commission.

however, that " construction" as defined in this section, does not include I

j site excavation, construction of roadways, railroad spurs, temporary s {

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buildings for use in connection with construction,h__5 .Further,/acopy of a recent interpretation of this provision by the Conrnission's General J Counsel is enclosed. I should like to emphasize that such cenetnction as is permissible prior to the obtaini of a construction permit is there can be no assurance that f:

undertaken at the applicant's risk si I

j a permit will be issued until the Co ission has completed .its evaluation

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i of the application and a favorable gecision'is reached. f Sincerely, l

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Chairman l

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' Honorable Clair Engle

' United States Senate ,

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Enclosures:

1. 10 CFR ,Part 50
2. Interpretation l .

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Enclosed are copies of T , on "ence # -l

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I hsve had with Director) rideof the I have sent copies also to Chair rain ]

AEC, l Glenn T. Seaborg for his interest and, I hope, action.

The current controversies over large .

nuclear plants located near urban centers -;C__:.dh<'N

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deserves increased attention. Current -

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O AEC policies are eitremely unwise in

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that they encourage various organizations, both public and private to fly headlong J' into the atomic area without taking E ,

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- Ql properheedofsafetyaspectsorthewider'"h values of the community. This is un-N ' /b/

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necessary, because there are good al- , ,, ,

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ternate solutions available.

populations of San Francisco, New York ' ddl.LL M. -J 1

and Los Angeles should be given more con-sideration, and less attention should be -

paid to the utility companies or the local water departments who might be trying to foist the nuclear monstrosities on the ,

public, ,

I am strongly in favor of an atoms for peace program, but I sincerely believe that 'the current approa'ch is not the ~

way to achieve its ends. It is my hope that upon careful review that you will come to the same conclusion, and prevail ~

upon th's AEC to change its questionable policies.

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