ML20236K563

Petition for Reconsideration to Aslab to Recind Util CP Until Util & Commission Comply W/Nepa of 1969 & Water Quality Improvement Act of 1970

ML20236K563
Person / Time
Site:	Diablo Canyon
Issue date:	07/02/1971
From:	Eissler F SCENIC SHORELINE PRESERVATION CONFERENCE, INC.
To:	US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
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References
FOIA-87-214 NUDOCS 8708070163
Download: ML20236K563 (2)

Text

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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION IN THE MATTED 0? )

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PACIFIC GAS AND ELECTPIC COMPANY ) Docket No. 50-323 (Diablo Canyon Nuclear Power )

Plant. Unit 2) )

! PETITION JOR RFCOMSIDRRATION TO THE ATOM'" SAESTY AND LICENSING l APPEAL BOAED i

In the absence of the Atomic. Energy Commission's review of the decision of the Atomic Safety and Licensing Appeal Board (Board) under the authority of 10 CFR 2.786 in the matter i

of the Pacific Gas and Electric Company's application for a ]

I permit to construct Diablo Canyon Nuclear Power Plant, Unit 2, j 1

Scenic Shoreline herein files with the Board this petition for reconsideration pursuant to the provisions of 10 CFR 2.771.

This petition is submitted within the required ten day period after the initial decision became final on June 2C, f 1971.

Scenic Shoreline requests that the Board reconsider the decision ii for all th0 reasons originally listed in our exceptions to the initial decision and in our motion to the Commission, June 23, 1971.

Specifically, Scenic Shoreline appeals to the Board to rescind the construction permit until Pacific and the Conmission, j comply with the National Environmental Policy Act of 1969 and the Water Quality Improvement Act of 1970, The validity of Appendix D to Part 50 of the Commission's regulations is now being determined by the United States Court of Appeals for the District of Columbia in the case of Calvert-Cliffs' Coordination Committee, Inc.,

National Wildlife ?ederation, and Sierra Club v. United States Atomic Energy Commission. The construction permit should be revoked pending the outcome of this vital ruling.

8708070163 070729 PDR FOIA PDR jn i CONNOR87-214

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?uther_more, the permit should.be revoked'on grounds that deficient hearing procedures resulted in an inadequate record on significant issues. The decision is especially deficient ,

i with respect to the effect on siting and plant design of seismic _ )

and. geological conditions and the adequacy of emergency evacuation plans.

Abundant testimony on the record indicates the strong possibility of earthquake faults of major magnitude and activity within close v4.cinity to the reactors. Additional testimony- J 1

that our organization niches to submit for the record confirms this  !

possibility. On an issue of such importance,. the Board and Commission have the clear and definite responsibility to assure the public that the facility will not be dangerously impaired by these seismic I conditions., Parther studies, as requested by Ccnference, must i

be conducted to provide the necessary seismic data for a proper evaluation of the site and plant design.

! respectfully subait.tei, SA@ 'Qfrederick hissler 4 President '

Dated July 2, 1971 l

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