ML19209B206

Request for Institution of Proceedings Per 10CFR2.202 to Suspend CP

ML19209B206
Person / Time
Site:	Callaway
Issue date:	08/14/1979
From:	Eraas C, Mccartney L, Slavin A MISSOURI, STATE OF
To:
Shared Package
ML19209B184	List: ML19209B183 ML19209B187 ML19209B194 ML19209B200 ML19209B206
References
NUDOCS 7910090324
Download: ML19209B206 (43)

Text

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In the Matter of )

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U?iION ELECTRIC COfPAN", _e _t a l . ) Docket !!o .

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(Callaway Plant, Unit 2) )

TO: Harold R. Denton, Director Office of Huclear Reactor Regulation

'41111am L. Dircks , Director Office of Huclear Material Safety and Safeguards Victor Stello, Director Office of Insnection and Enforcenent REQUEST FOR INSTITUTION OF PROCEED!MG3 PURS"A!!T TO 10 CFR $2.202 TO SUSPEND COIISTRUCTIO!! '

PERMIT AS PROVIDED FOR I!! 10 CFR 52.206

l. Comes now the Public Service Commission of the State of Missouri by and through its attorney, and respectfully subnits this request pursuant to 10 CFR 52.206 that the fluclear Pecu-latory Conmission acting by and through its relevant officials including but not linited to the Director of !!uclear Reactor Regulation, the Director of !!uclear Paterial Safety and Safe-guards, and Director of Insnection and Enforcement institute a proceeding to issue a show cause order pursuant to 10 CPR 52.202, to suspend Construction Pernit CPPR-ll10 granted to the nermittee Union Electric Comnany on April 16, 1976, for Callaway, Unit 2.

2. All process, documents , motions , and other paners can be served on the Public Service Conmission by addressing same to:

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Paul W. Phillips, General Counsel or Treva J. Hearne, Assistant General Counsel Public Service Connission P. O. Box 360 Jefferson City, Missouri 65102.

3. The Missouri Public Service Connission, hereinafter referred to as the PSC, is empowered to regulate investor-owned publis utilities that serve customers in the State of Missouri. See Sections 386.040, 386.250, and 39 3.140, RSMo. 1978.*

4 Union Electric Company, a Missouri corporation,- hereinafter referred to as the Company, is an operating utility engaged principally in the business of furnishing electric service throughout central and eastern Missouri, and thus , is sub.f ect to the jurisdiction of the PSC.

5. The facts that constitute the basis of this reauest are sufficient ground for the action proposed by this notion and are as follows:

a. Before the Company could begin construction of the Callaway electric plant, it was reo.uired by Missouri law to nake annli-cation to the PSC for a certificate of public convenience and necessity. See Section 393.170. Pursuant to this aopli-

"All references are to the Revised Statutes of Missouri 1078 except as otherwise indicated.

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cation, extensive hearings were conducted by the Commission in 1974 which resulted in the granting of the certificate in 1975

b. The PSC retains j urisdiction over the construction of this generation facility by virtue of its statutory authority to grant a certificate of public convenience and necessity and its autho"ity to set rates. See Sections 391.130 and 393 170.

The Commission acting within its jurisdiccional authority has unon its own motion ordered an investigation and se,t hearings in this matter which could result in the withdrawal of the -

certificate .

c. On August 13, 1979, certain facts came to the attention of the PSC which may substantially change the basis upon which, in 1975, the PSC had Granted the certificate of public conve-ni<.. ice and necessity for construction of Unit 2. The Cnr. mise'.cn actinc within its . jurisdictional authority could withdrau t'a certificate upon a findina that Unit 2 is not needed to rair.tain the Company's electric plant for safe and adequate service at reasonable rates. See Section 393.130.

d. A preliminary report filed with the PSC in compliance with its Report and Order in Case No. ER-77-154 reveals th,t the peak demand forecast of the Comoany may be in serious error as indicated by the PSC Staff's preliminary findings Page 3 of 7 111/ ,n7 I I IJ . J

and by the Company's consistent downward revisions of its own projected period of forecasted peak since 1973

e. On August 14, 1979, the PSC upon its own motion ordered an investigation of the generation expansion program of the Connany. The hearings in this matter were set as early as po..lble and are to begin April 7, 1980, and continue throur,h April 18, 1980. The PSC will render a deternination of whether or not to proceed in the matter of certificate of public con-venience and necessity granted to Callaway, Unit 2, with deliberate speed in order to expedite this matter. The sta- .

tutes establishing the PSC require a full and open hearing at which evidence is presented by all interested parties and have an occortunity to be heard. See Sections 386.410 and 386.420.

A fu'l and complete record of all proceedings will be made and the decision of the Commission will be made uoon the whole record in accordance with the rules of administrative procedure contained in the PSC statutes. See Sections 386.410, 386.420, 386.460 and 386.470.

6. The Nuclear Regulatory Commis _on is statutorily obligated to consider the environmental effects of need for oower under the provisions of the National Environmental Policy Act, 42 USC $4321, et. seq., and more specifically, the rules of the Nuclear Regulatory Commission. See 10 CPR 551, et.

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seq.. This obligation is restated in the Construction Permit granted Callaway, Unit 2, No. CPPR-140 by the Nuclear Regulatory Commission, hereinafter referred to as NRC, stating that the NRC had found the operation of the facility to be in accordance with 10 CFR Part 51.

7. Peak demand has been growing at a reduced rate nationally since the Arab 011 Embargo of 1973. The PSC recognizes this trend and would be derelict in its statutory duty to approve a generation expansion program that did not reanalyze the need for Callaway, Unit 2, in light of these recently dis-covered facts. Likewise, the NRC would be derelict in its statutory obligation if it did not susoend this construction while the facts upon which the agencies granted both the certificate and permit four years ago are reassessed in light of this change.

8. The construction of Callaway, Unit 2 is only 2.7% complete and the resources of the Company are substantially consumed in the present construction of Callaway, Unit 1; therefore ,

the reques*ed suspension will not act to the detriment of the Compan.

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9. Finally, the PSC has not filed this motion with the intent to unnecessarily hinder or delay the proceedings before the NRC in this matter, but rather to insure that construction of Callaway, Unit 2 is in the best interest of the rate-payers of Missouri whom the PSC is statutorily obliged to protect.

Wherefore, the undersigned pray that you institute a pro-ceeding pursuant to 10 CFR $2.202 to suspend the construction permit granted to Union Electric for construction of Callaway, Unit 2.

MISSOURI PUBLIC SERVICE COI"1ISSION Ec_ N/w Alberta C. Slavin, Chairman

,- ,YbW /&m Leah Brock McCartney, Comnispioner

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1 Chpfles' J. Fr , Jr. , Co ..is,sioner (S E A L) nada/w-Igrry y Dority', Cor,ttissioner

$X Vkul( L. - { ntlR f Stbphanie A. Bryant , Comhissioner en<

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