ML20235D541
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p 1977 e
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0K11SSICN BEFORE THE ATCMIC SAFETY AND LICENSING BOARD In the Matter of Docket Nos. 50-448 P0TOMC ELECTRIC POWER COMPAi4Y 50-449 (Douglas Point Nucishr Ger'erating Gtation, Unit:: 1 and 2)
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f NRC STAFF RESPONSE TO BOARD PREHEARING CONFERENCE INQUIRY _
During the prehearing conference held on May 10, 1977, the Board asked what effect the two-year deferral of Douglas Point Unit No.1 might have on the alternate site review. The Staff asked for the opportunity to respond to this questitan in writing.
(Tr.2037).
One of the premises of the Appeal Board's decision allowing the early site procedure for the Douglas Point application was that in the event the i
proposed site was found to be unacceptable, there would be sufficient time to find a better site.M The two-year deferral should have no effect on how the Board is conducting its review. What should be determinative is whether the Board believes, based on the record, another site is "obviously superior."2] Of course, E Potomac Electric Power Co. (Douglas Foint Nuclear Generating Station, Units 1 and 2), ALAB-277,1 NRC 539, 546 (1975).
U ublic Service Co. of New Hampshire (Seabrook Station, Units 1 and 2),
P Commission Memorandum and Order, March 31.1977, p.17.
Fer.r A 89-Ssy 8/gl B709250260 870922 PDR FOIA g-MCCREAB7-554 PDR
i if the Board at this tf:ne believes the record is not adequate to mate.this determination, there is still sufficient. time ta request the parties to 1
provide further evidence. Such a procedure is consistent with the Appeal
- Board's decision, and indeed shows that an early site review allows well-reasoned' decisions to be made without interfering with the public's demand j
for electrical energy.
I Thus, the question is essentially one only the, Board can answer.
If, as we believe, the Board can make a determination on alternate sites based
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on the present record, the two-year deferral should have no effect on j
4 the Board's determination.
If the Board were to conclude that another l
l site is "obviously superior," the two-year deferral would allow the appli-
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cant more time to study an alternate site and resubmit his application.
And, should the Board determine the record is not adequate to determine I
whether an alternate site is preferable, the two-year deferral would allow more time for the Board to gather evidence and reach a well-founded decision.
J s ec 11y su e,
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&v Geuffr y P.
ner l
Couns 1 for RC Staff
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I Dated at Bethesda, Maryland this 20th day of May, 1977
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. UNITED STATES OF AMERICA NUCLEAR REGULATORY C0lGISSIDft B_EFORE THE ATOMIC SAFETY AND LICEf1 SING BOARD e
In Ithe Matter of
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POTOMAC ELECTRIC POWER COMPANY Docket Nos. 50-448
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50-449
-(Douglas Point Nuclear Generating
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Station, Units 1 and 2)
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CERT (FICATE OF SERVICE 1
.I hereby certify that copies of "liRC STAFF RESPONSE TO BOARD PREHEARING CONFERENCE INQUIRY" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or air mail..or, as indicated'by an asterisk, through deposit in the Nuclear Regulatory Comission's internal mail system, this 20th day of May,1977.
- Elizabeth S. Bowers. Esq., Chairman
- Robert M. - Lazo,' Esq.
Atomic Safety and Licensing Board Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission
. Washington, D. C.
20555 Washington, D. C. - 20555
- Mr. Glenn 0. Bright Edward F. Lawson, Esq.
Atomic Safety and Licensing Board.
Special Assistant Attorney General.
U. S. Nuclear Regulatory Commission State of Maryland Washington, D. C.
20555 580 Taylor Avenue - C4 Annapolis, Maryland 21401
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- Dr. Richard F. Cole
- Atomic Safety and Licensing Board George F. Trowbridge, Esq.
U. S. Nuclear Regulatory Commission Shaw, Pittman, Potts & Trowbridge Washington, D. C.
20555 1800 M St., N.W.
Dr. Walter H. Jordan
'881 West Outer Drive Philip Mause, Esq.
Oak Ridge, Tennessee 37830 Environment 1 Defense Fund 1525 Eighteenth Street, N. W.
. Andrew P. Miller, Esq.
Washington, D. C.
20036
' Attorney General of Virginia
- Supreme Court Library Building Frederick L. Kelly, Esq.
East Broad Street 15 School Street Richmond, Virginia 23219 Annapolis, Maryland N
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Mr. T. Ray Jones, Chaiman
- Atomic Safety and Licensing Appeal Citizens Council for a Clean Board Potomac U. S. Nuclear Regulatory Commission 3720 Finsbury Park Drive Washington, D. C.
20555 l
Silver Spring, Faryland 20906 l
- Atomic Safety and Licensing Board Robert A. Vanderbye, Esq:
Panel 7807 Cliffside Court U. S. Nuclear Regulatory Commission l
Springfield, Virginia 22153 Washington, D. C.
20555 William H. Carrc11 Esq.
- Docketing and Service Section l
Assistant Counsel Office of the Secretary Headquart'ers, U. S. Marine Corps U. S. Nuclear Regulatory Commission Code Ci.A Washington, D. C.
20555 Commonwealth Building, Room 668 Washington, D. C.
20380 Mr. Michael R. Barnes Public Service Conrnission 301 W. Preston Street
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904 State Office Bldg.
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/. k Mc# V' Baltinsore, MD 21201 M&r / pie, i.
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bl c S rvic Conraission nse fo ff 301 W. Preston Srrect 904 State Office Bldg.
Baltimore, MD 21201 4
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