ML20236B655

Order.* Scenic Shoreline Preservation Conference,Inc 731205 Petition to Suspend Const of Plant,Alleging Newly Discovered Geological Questions,Consolidated W/Other Matters to Be Taken Up at 740503 Prehearing Conference

ML20236B655
Person / Time
Site:	Diablo Canyon, 05000000
Issue date:	04/03/1974
From:	Bowers E Atomic Safety and Licensing Board Panel
To:	SCENIC SHORELINE PRESERVATION CONFERENCE, INC.
Shared Package
ML20236A877	List: ML20236A874 ML20236A896 ML20236A920 ML20236A950 ML20236A959 ML20236A975 ML20236B012 ML20236B016 ML20236B024 ML20236B067 ML20236B072 ML20236B116 ML20236B278 ML20236B286 ML20236B312 ML20236B315 ML20236B345 ML20236B356 ML20236B362 ML20236B403 ML20236B420 ML20236B436 ML20236B440 ML20236B476 ML20236B480 ML20236B506 ML20236B514 ML20236B522 ML20236B539 ML20236B547 ML20236B550 ML20236B560 ML20236B571 ML20236B594 ML20236B612 ML20236B630 ML20236B635 ML20236B650 ML20236B655 ML20236B670 ML20236B686 ML20236B695 ML20236B701 ML20236B705 ML20236B708 ML20236B726 ML20236B737 ML20236B748 ML20236B755 ML20236B793 ... further results
References
FOIA-87-214 OL, NUDOCS 8707290185
Download: ML20236B655 (3)

Text

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Q-3'71Q' (g um APR 3197ee- 2 9 j

' e-UNITED STATES OF AMERICA p. a .s, . ..r.w l P W8  !

ATOMIC ENERGY COMMISSION ',Q 3 OA c) U In the Matter of -)

)

PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos.50-27f OL J

) 50-323 OL l l

(Diablo Canyon Nuclear power )

Plant, Units 1 and 2) ) i I

ORDER  !

I By petition docketed December 5, 1973, Scenic Shoreline Preservation Conference, Inc. (petitioner) sought suspension of construction of the above facilities, alleging newly discovered geological questions. Responses of the Applicdnt j

und the Regulatory Staff were received on December 27, 1973, i and January 17, 1974, respectively. By Order dated March 19, 1974, the Commission referred the petition to the Atomic

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Safety and Licensing Board which had been appointed for hearings on these units for initial decision.

The Commission's Order stated, in part, the following:

"The Board may choose to consolidate the instant petition with the operating license proceedings and render one initial decision on all issues. On the I other hand, if circumstances so warrant, the Board may choose to treat the instant petition as a l 1

separate matter and rule upon it -- with a separate l initial decision -- before reaching other issues." l 8707290185 370721 1 l

PDR FOIA 1 CONNORB7-214 PDR 4

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e. ' . r In considering those alternatives, the Board deter-mined that inasmuch as the petitioner is already an Inter-venor in the Diablo Canyon, Unit 1 and 2 operating license procedure, with prehearing conference dates set for.the near future, the. most orderly way to proceed would be to i

consolidate the instant petition.with the operating license' proceedings. The only question which remained was whether some urgency was attached to the matter which would argue that an immediate hearing was required. The Board does not' believe this to be the case for a number of reasons,-among which the most important are:

1. Continued construction of the plant poses no risk to the health and safety of the public,-  ;

regardless of any geologic problems which might exist. Operation of the plant is, of course, a quite different matter. The Board thus feels that consideration of yeismic issues is properly carried-out in the operating license procedure.

2. Argumeni- that the incremental cost of con-tinued construction could have an effect upon the eventual granting of an operatin'g license is, from a health and safety standpoint, invalid. Economic factors cannot be considered in any matter.which involves a risk to the public health and safety.

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3. Continued construction will neither conceal nor rendor inaccessible any of the geologic features of the site not already affected.

In consequence, the Board sees no urgency in its con- .

1 sideration of this matter, and thus will consolidate the instant petition with other matters to be taken up at the special prehearing conference to be held May 3, 1974.

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.IT IS SO ORDERED.

i THE ATOMIC SAFETY AND LICENSING BOARD 1

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i Elifd'beth S. Bowers, Chairman Issued at Bethesda, Md.

l this 3rd ilay of April 1974.

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