ML19319D592

Responds to ASLB 680812 Ltr Re Facility Authorization. Affidavit & Certificate of Svc Encl

ML19319D592
Person / Time
Site:	Crystal River
Issue date:	08/20/1968
From:	Fairman J GAINESVILLE, FL
To:	Jensch S Atomic Safety and Licensing Board Panel
References
NUDOCS 8003170762
Download: ML19319D592 (5)

Text

Appendbc 3 Page 1 of 3 August 20, 1968 Mr. Samuel W. Jonsch, Chairman Atomic Licencing and Safety Board United States Atomic Enorgy Commicsion Washington, D. C. 20545 Ron Florida Power Corporation (Cryctal Rive No. 3)

Dockot No. 50-302 Daar Mr. Chairman Your lettor dated August 12, 1968, ackc that the City of Gainesvillo and the Gainesvillo Utilitics Department ("Gainecville "2 Intervenor, respond to three questions. In reply Gainocville submits tha following:

1. The purpoco of the offer of the statomont of Mr. A. P.

Pero: is to chew that the Applicant, through its chiof executivo of2iccr, docc not in any way doncminato, ovaluato, or treat this projcct cr the application under which it cocks construction authorizac tion as falling within the intent or purpoco of Section 104 (b) .

2. Gainesville, by the Board's order of June 28, 1958, i.- limited in its intorventica to the quection of anchorization under Scction 104 (b) . Tho contral iscuo ic Whether the applicaticn for the Crystal River plant, a fccility cccontially identical to four other units already licenced or undcr construction, cno or core of Ohich will be operating beforo thic plant, cnd t'.a design of which the Applicant acknowledges in "baced on exicting technology and not c:: tended beyond known information or operating experience,"

10 properly within the ccopo of the Section 104 (b) provicien c::-

prcccly urging project approvals that lead to major advancam in nuclocr application for ccm=creial purpoccc.

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Appendix 3 Page 2 cf 3 Mr. Samuel W. Joncch, Chairman August 20, 1968 While the Applicant on the ono hand cook: quthcrication under Section 104 (b) for a facility " involved in the ccnduct of roccarch and development loading to c dc=c :ur; tion of practical valuo," the Applican =ckcc av;ilchic in conncc ica with and at the ti=o of the application hearing a ~ctatc=cnt by Mr. Porce which negatos tho subct;nco of the application as it pcrtains to Scction 104 (b) .

This statomont containing an extensivo and detailed outline of unit evaluations as to operation and comparativo ecccc cvor selected plant lifetimes is cc=pletely devoid of any c:stod need requiremont or declared intention to conduct research and development in sc=cnctration of practical valuo, cither to corve the objectivos of che Act or advanco the knowledge of the Applicant or the nuclear industry. (Statomont, pp. 1-6). ,

The caly reference to research Which mighu proporly be the hallmark of Section 104 (b) nuclec projects wac : join: progrc=

discontinued in 1961. (Statement, pp. 2-3 ) . Gainesville believec the statement cupports itc contention that in the careful study cf

=any alternato power gonoration sources the final selection of the Crystal River unit was an optimum design in which no aspect of the facility required such activity or concern'with safety or demonstra-tion or practical value as to requiro the incorporation of research and devolep=ent arising *f o= the use of nuclear energy in this particular application.--7

3. Gaingsvillo contende the prepared ctatement of Mr. Pere: is an cd=ission agcinct innerect. That this project is not involved with research and icvolopment within tho = caning of Section 104 (b) soo=c abundantly clear frc= the pocition taken in this state =cnt. What constitutoc resocrch and development and

_/ It is interecting to note that Ficrida Pcwer on the strength of having Crystal River No. 3 in "cc==orcial" operation by 1972 has new announced plans to build a 500,000 volt trcnc=ission lino, originating at Cryct:1 River, to carry the pcwor cutput 130 miles into the utility's 32-ccunty cyctc=. (Wall Stroot Journcl, Thursday, August 15, 1968, p. 24).

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Appendix B Page 3 of 3 Mr. Samuel W. Joncch, Chairman Auguct 20, 1963 whether it b procent in thic application wac of : jot', juctifishic concern to the acard (Tr. 33L-347), cnd in Gaine ville 'c view dotorminativo of the quantion whather authorization is propor under Section 104 (b) . Oh, .pnlication tscortc thero is cuch activity. Tactirc.c :lesadf in the raccrd (coo C inocvillo's Findings of Fac- - ni 4) cad t'.c c st;;c an support the view ,

that there is as cuch nativity co bring the cyplication within the scopo of auction 104 (b) .

Rospectfully cuhmitecd, CITY OF GAINESVILLE, FLORIDA and GAINESVILLE UTILITIES DEPARTMENT By James F. Fairman, Jr.

Their Attorney 2600 Virginia Avenue, N. W.

Washington, D. C.

Law Offices George Spiegel 2600 Virginia Avenue, N. W, Washington, D. C. 20037 cc Edgar H. Dunn, Jr., Ecq.

Harry A. Evert =, III, Esq.

Gerald F. Hadlock, Esq.

T. T. Turnbull, Esq.

A. A. Wells, Esq.

Secretary, AEC l

. UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of i

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Florida Powe r Corporation i Docket No. 50-302 i

Crystal River Unit 3 )

AFFIDAVIT James F. Fairman, Jr., being first duly sworn, deposes and says that he is the attorney for the City of Gainesville, Florida and Gainesville Utilities Department; and that as such he has signed the foregoing Exceptions by "Gainesville" to Prehearing Order and Initial Decision of Atomic Safety and Licensing Board, and Request for Relief for and on behalf of said parties; that he is authorized so to do; that he has read said Exceptions and Requests and is familiar with the conten;s thereof; and that the matters and things therein set forth are true and correct to the best of his knowledge, information or belief.

--es F.'+. r -b .

Fairman, Jr.

Subscribed and sworn to before f

me this 14th day of October,1968.

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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Ms.tter of )

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Florida Power Corporation ) Docket No. 50-302

)

Crystal River Unit 3 )

Nuclear Generating Plant )

CERTIFICATE OF SERVICE I hereby certify that the Exceptions by Gainesville to Prehearing Order and Initial Decision of Atomic Safety and Licensing Board; and Request for Relief, in the above-captioned matter, was served upon the follwoing by deposit in the United Statec mail, first class or air mail, this 14th day of October,1968. ,

A. A. Wells, Esq. , Chairman Dr. Rolf Eliassen Atomic Safety and Licensing Board Department of Civil Engineering Panel Stanford University U. S. Atomic Energy Commission Palo Alto, California 94305 Washington, D. C. 20545 Gerald F. Hadlock, Esq.

Samuel W. Jensch, Esq. Trial Counsel, Regulatory Staff Chairman, Atomic Safety and U. S. Atomic Energy Commission Licensing Board Washington, D. C. 20545 U. S. Atomic Energy Commiss}on Washington, D. C. 20545 T. T. Turnbull, Esq.

Assistant Attorney General Dr. Eugene Greuling The Capitol Professor of Physics Tallahassee, Florida 32304 Duke University Durham, North Carolina 27706 Mr. Stanley T. Robinson, Jr. s2 copie Office of the Secretary Dr. Hugh Panon U. S. Atomic Energy Commiss..:n Los Alamos Scientific Laboratory ' Wa shington, D. C. 20545 Los Alamos, New Mexico 87544 Roy B. Snapp, Esq.

St nley A. Brandimore , Esq. 172 5 "K" Street, N. W.

Florida Power Corporation Washington, D. C. 20006 St. Petersburg, Florida I

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Law Offices:

ame s F. Fairman, Jr.

Attorney

/ j George Spiegel, Esq.

2600 Virginia Avenue, N. W. City of Gainesville, Florida Washington, D. C. -20037 and Gainesville Utilities Department 4

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