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| {{#Wiki_filter:_...In the Matter of | | {{#Wiki_filter:_ |
| ))U?iION ELECTRIC COfPAN", _e _t a l . ) | | In the Matter of ) |
| Docket !!o . | | ) |
| )(Callaway Plant, Unit 2) | | U?iION ELECTRIC COfPAN", _e _t a l . ) Docket !!o . |
| )TO: Harold R. Denton, Director Office of Huclear Reactor Regulation
| | ) |
| '41111am L. Dircks , Director | | (Callaway Plant, Unit 2) ) |
| .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!!
| | 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 | | 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.
| | : 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: | | : 2. All process, documents , motions , and other paners can be served on the Public Service Conmission by addressing same to: |
| ""90 52 -1113.?0!! | | ""90 52 - |
| ..Paul W. Phillips, General Counsel or Treva J. Hearne, Assistant General Counsel Public Service Connission P. O. Box 360 Jefferson City, Missouri 65102.
| | 1113 .?0! ! |
| 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.* | | Paul W. Phillips, General Counsel or Treva J. Hearne, Assistant General Counsel Public Service Connission P. O. Box 360 Jefferson City, Missouri 65102. |
| 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. | | : 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.* |
| 5.The facts that constitute the basis of this reauest are sufficient ground for the action proposed by this notion and are as follows: | | 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. |
| 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. | | : 5. The facts that constitute the basis of this reauest are sufficient ground for the action proposed by this notion and are as follows: |
| See Section 393.170. | | : 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- |
| Pursuant to this aopli-"All references are to the Revised Statutes of Missouri 1078 except as otherwise indicated. | | "All references are to the Revised Statutes of Missouri 1078 except as otherwise indicated. |
| e 2 of 7)]]j g | | e 2 of 7 g |
| ....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.
| | )))j |
| 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 | | cation, extensive hearings were conducted by the Commission in 1974 which resulted in the granting of the certificate in 1975 |
| -certificate .
| | : 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. |
| .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 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 - |
| 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. | | certificate . |
| See Section 393.130. | | : 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 | | : 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 | | and by the Company's consistent downward revisions of its own projected period of forecasted peak since 1973 |
| .deliberate speed in order to expedite this matter.
| | : 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- . |
| 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. | | 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. |
| 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. |
| 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. | | : 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. |
| See Sections 386.410, 386.420, 386.460 and 386.470. | | Page 4 of 7 anA 3J i: - |
| 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. | | 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. |
| Page 4 of 7 anA'3J i:- | | : 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. |
| ...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.
| | : 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 , |
| 7.Peak demand has been growing at a reduced rate nationally since the Arab 011 Embargo of 1973. | | the reques*ed suspension will not act to the detriment of the Compan. |
| 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. | | Pap 3 5 of 7 11e + |
| 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.
| | 'n 'r l l |
| 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. | | : 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. |
| Pap 3 5 of 7 11e ,-'n 'rl l+) | | 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. |
| 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 | | MISSOURI PUBLIC SERVICE COI"1ISSION Ec_ N/w Alberta C. Slavin, Chairman |
| /A A 1-Chpfles' J. Fr , Jr. , Co ..is,sioner (S E A L)nada/w-Igrry y Dority', Cor,ttissioner | | ,- ,YbW /&m Leah Brock McCartney, Comnispioner |
| $X Vkul( L. - | | / |
| { ntlR f Stbphanie A. Bryant , Comhissioner | | A A - |
| , en<, Page 6 of 7 i""}}
| | 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< |
| | Page 6 of 7 i" "}} |
|
|---|
Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20212K8711999-09-30030 September 1999
Comment Supporting Proposed Rule 10CFR50 Re Elimination of Requirements for Noncombustible Fire Barriers Penetration Seal Matls
ULNRC-04117, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines 10CFR50.72 & 50.731999-09-22022 September 1999
Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirements for Nuclear Power Reactors & Draft NUREG-1022, Rev 2, Event Reporting Guidelines 10CFR50.72 & 50.73
ML20217M2091998-03-19019 March 1998
Comment on Proposed Rule 10CFR50 Re Industry Codes & Stds Amended Requirements. NRC Justification for Avoiding Backfit Analysis,Nonstantial.Backfit Analysis,As Required by Law as Mandatory for Proposed Rule Changes
ML20217J9691997-10-16016 October 1997
Order Approving Application Re Corporate Merger Agreement Between Union Electric Co & Cipsco,Inc to Form Holding Company.Commission Ordered to Approve Subj Application
ML20148N0511997-06-19019 June 1997
Comment Opposing Proposed NRC Bulletin 96-001,Suppl 1, CR Insertion Problems
ML20140G1691997-06-0606 June 1997
Requests Extension of Comment Period Expiration Date from 970619 to 970719,for Comments on Control Rod Insertion Problems
ML20077E9041994-12-0202 December 1994
Comment Supporting Proposed Rule 10CFR50 Re TS Improvements. Advises That PSA Portion of Fourth Criterion Should Be Clarified to Include Only Those Equipment Items Important to risk-significant Sequences as Defined in GL 88-20,App 2
ML20071L1951994-07-21021 July 1994
Comment on Proposed Rule 10CFR26 Re Changes to fitness-for-duty Requirements.Urges NRC to Revise Scope of 10CFR26 to Limit Random Drug & Alcohol Testing to Only Workers Who Have Unescorted Access to Vital Areas at NPP
ML20065D3851994-03-22022 March 1994
Comment on Draft NUREG-1022, Event Reporting Systems, 10CFR50.72 & 50.73
ML20113H4281992-07-23023 July 1992
Comment Commending Proposed Suppl One to GL 83-28 4.2.3 & 4.2.4 Closing All GL 83-28 Actions for Callaway But Staff Conclusion Should Be Expanded
ML20101P4091992-06-26026 June 1992
Comment Supporting low-level Radwaste After Treatment to Reduce Volume & Represents Safest,Most Cost Effective Solution
ML20091F9501991-12-0202 December 1991
Submits Comments Opposing Draft NUREG-1022, Event Reporting Sys,10CFR50.72 & 50.73. Licensee Feels That Changes to Intial NUREG-1022 Increases Util Expenses W/O Improving Public Health & Safety
ML20058D2741990-10-15015 October 1990
Comment Supporting Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal
ML20058N9891990-08-0101 August 1990
Comment Re Proposed Rules 10CFR20,30,40 & 70, Notifications of Incidents. Language of Rule Should Be Clarified by Referring to Applicable Reporting Requirements of 10CFR50.72 & 73 for Commercial Nuclear Power Reactors
ML20063Q1771990-07-0606 July 1990
Comment on Petition for Rulemaking PRM-50-55 Re Revs to Fsar.Revs Should Be Driven by Circumstances Rather than by Arbitrary Time Schedule
ML20235V9301989-02-27027 February 1989
Comment Opposing Proposed Rule 10CFR50 Re Maint Programs for Nuclear Power Plants.Endorses NUMARC Comments.Major Concern Is Lack of Demonstrated Need for Rule Since Most Utils Already Have Effective Maint Programs
ML20235T7901989-02-20020 February 1989
Comment Opposing Proposed Rules 10CFR50 & 55 Re Educ & Experience Requirements for Senior Reactor Operators & Supervisors at Nuclear Power Plants.Establishment of Programs for Operators to Earn Degress Would Be Expensive
ML20235T7011989-02-17017 February 1989
Comment Opposing Proposed Rules 10CFR50 & 55 Which Require Degrees of Senior Operators & Shift Supervisors.Both Alternatives Would Contribute to Lower Morale Among Reactor Operators
ML20195J3191988-11-25025 November 1988
Comment on Proposed Rule 10CFR26 Re Fitness for Duty Program.Policy of Yearly Testing & Testing for Cause,Backed Up by Training for Drug Prevention Supported
ML20195E8561988-10-28028 October 1988
Comment Supporting Proposed Rule 10CFR50 Re Renewal of Licenses
ML20133B7711985-08-0202 August 1985
Response to 850705 Petitioner Response in Opposition to Util Request That Show Cause Order Not Be Issued.Util Actions Demonstrate Dedication to QA & Safe Plant Operation. Certificate of Svc Encl
ML20128K2111985-07-0505 July 1985
Response Opposing Util Request That Show Cause Order Not Be Issued.Requests NRC Independent Investigation & Suspension or Revocation of OL During Period of Investigation
ML20129H7511985-06-0606 June 1985
Response to Missouri Coalition for Environ & K Drey 850325 Show Cause Petition Requesting Suspension or Revocation of OL Due to Questionable QC Inspector Certification.Denial of Petition Recommended.Certificate of Svc Encl
ML20129H7741985-06-0505 June 1985
Affidavit of DF Schnell Re Issues Raised in Missouri Coalition for Environ & K Drey Petition to Show Cause Requesting Suspension or Revocation of Ol.Root Causes of Questionable QC Certifications Addressed
ML20100F4301985-03-25025 March 1985
Show Cause Petition Requesting Suspension or Revocation of License NPF-30,due to Failure to Comply W/Qa Regulations & Guidelines Re Proper Training of QA Personnel
ML20092H1141984-06-22022 June 1984
Answer Opposing Petitioners 840613 Instant Motion for Order Setting Aside or Staying Permit for Ol.Certificate of Svc Encl
ML20197H4321984-06-13013 June 1984
Motion for Commission Order Setting Aside Low Power Testing Permit Granted on 840611,or in Alternative,Stay to Permit & Prohibit Taking of Any Action.Certificate of Svc Encl
ML20091R6401984-06-13013 June 1984
Request That Commission Enter Order Setting Aside Low Power Testing Permit Allegedly Granted on or About 840611,due to Joint Intervenors 840418 Motion for Leave to File Supplemental Contention
ML20084G1791984-05-0303 May 1984
Affidavit of Cw Mueller Re Financial Integrity of Util
ML20084G1561984-05-0303 May 1984
Answer Opposing Coalition for Environ,Missourians for Safe Energy & Crawdad Alliance 840418 Motion for Leave to File Supplemental Contention Re Financial Qualifications of Util. Certificate of Svc Encl
ML20084G1731984-05-0202 May 1984
Affidavit of DF Schnell Re Financial Stability of Util
ML20083Q3671984-04-18018 April 1984
Supplemental Contention Re Applicant Financial Qualification to Construct & Operate Facility.Certificate of Svc Encl
ML20083Q3521984-04-18018 April 1984
Motion for Leave to File Supplemental Contention Re Financial Qualification of Applicant to Construct & Operate Facility.Certificate of Svc Encl
ML20083Q2601984-04-18018 April 1984
Notice of Appearance of LC Green & Withdrawal of KM Chackes as Counsel for Intervenors.Certificate of Svc Encl
ML20082B4641983-11-15015 November 1983
Comments on Applicant & NRC Responses to Aslab 831020 Memorandum & Order Re Safety of Manually Welded Embedded Plates.Appointment of Independent Expert Requested. Certificate of Svc Encl
ML20082A6631983-11-15015 November 1983
Comments on NRC & Applicant Responses to Aslab 831020 Order Requesting Addl Info.Responses Contain Nothing More than Description of Activities & Conclusion of No Safety Significance.Certificate of Svc Encl
ML20078P7131983-11-0404 November 1983
Response to Aslab 831020 Memorandum & Order for Addl Info on Observation 4-1 of Integrated Design Insp Program Rept Re Original Design Floor Response Spectra.Spectra Have No Safety Significance.Certificate of Svc Encl
ML20078P7251983-11-0303 November 1983
Affidavit of Ew Thomas Re Revised Design Response Spectra
ML20081C3031983-10-27027 October 1983
Reply to Reed 831006 Proposed Findings of Fact & Conclusions of Law Re Contention 6.Findings Mischaracterized Fda Recommendation & Position of Applicant & State of Mo. Certificate of Svc Encl
ML20078H1751983-10-12012 October 1983
Response to Joint Intervenors 830823 Petition for Reconsideration of ASLB 830914 Decision ALAB-740. Insufficient Showing Made to Justify Reopening Record. Certificate of Svc Encl
ML20080Q4471983-10-0606 October 1983
Findings of Fact & Conclusions of Law.Certificate of Svc Encl
ML20080M6381983-09-29029 September 1983
Motion for Extension to File,W/Commission,Petition for Review of Aslab 830914 Decision ALAB-740.Extension Should Be Granted Until 15 Days After Aslab Rules on Joint Intervenors 830923 Reconsideration Petition.Certificate of Svc Encl
ML20078B4981983-09-23023 September 1983
Petition for Reconsideration of 830914 Decision ALAB-740 in Light of New Evidence Re Adequacy of Applicant QA Program. Many Items Remain Open in Integrated Design Insp Program Rept.Certificate of Svc Encl
ML20078B8151983-09-23023 September 1983
Proposed Findings of Fact & Conclusions of Law in Form of Proposed Initial Decision
ML20078B8201983-09-23023 September 1983
Proposed Corrections to 830913 Evidentiary Hearing Transcript.Certificate of Svc Encl
ML20024E8211983-08-31031 August 1983
Comments on Applicant Response to Aslab 830815 Order Re Failure to Provide Safe SA-312 Piping & Adequate QA Program.Certificate of Svc Encl
ML20080C7121983-08-24024 August 1983
Testimony of Re Linnemann in Response to Reed Contentions 6 & 16 Re Protective Actions Against Radioiodines & Messages W/Instructions for long-term Sheltering.Related Correspondence
ML20080C7061983-08-24024 August 1983
Testimony of DF Paddleford in Response to Reed Contentions 6 & 16 Re Protective Actions Against Radioiodines & Messages W/Instructions for long-term Sheltering.Related Correspondence
ML20080C6991983-08-24024 August 1983
Testimony of Ng Slaten in Response to Reed Contentions 6 & 16 Re Protective Actions Against Radioiodines & Messages W/Instructions for long-term Sheltering.Related Correspondence
ML20080C7141983-08-24024 August 1983
Testimony of Kv Miller in Response to Reed Contention 6 Re Protective Actions Against Radioiodines.State of Mo Decided Not to Administer Potassium Iodide to General Public Based on Federal Guidance & Weighing of Advantages/Disadvantages
1999-09-30
[Table view]
Category:PLEADINGS
MONTHYEARML20133B7711985-08-0202 August 1985
Response to 850705 Petitioner Response in Opposition to Util Request That Show Cause Order Not Be Issued.Util Actions Demonstrate Dedication to QA & Safe Plant Operation. Certificate of Svc Encl
ML20128K2111985-07-0505 July 1985
Response Opposing Util Request That Show Cause Order Not Be Issued.Requests NRC Independent Investigation & Suspension or Revocation of OL During Period of Investigation
ML20129H7511985-06-0606 June 1985
Response to Missouri Coalition for Environ & K Drey 850325 Show Cause Petition Requesting Suspension or Revocation of OL Due to Questionable QC Inspector Certification.Denial of Petition Recommended.Certificate of Svc Encl
ML20100F4301985-03-25025 March 1985
Show Cause Petition Requesting Suspension or Revocation of License NPF-30,due to Failure to Comply W/Qa Regulations & Guidelines Re Proper Training of QA Personnel
ML20092H1141984-06-22022 June 1984
Answer Opposing Petitioners 840613 Instant Motion for Order Setting Aside or Staying Permit for Ol.Certificate of Svc Encl
ML20091R6401984-06-13013 June 1984
Request That Commission Enter Order Setting Aside Low Power Testing Permit Allegedly Granted on or About 840611,due to Joint Intervenors 840418 Motion for Leave to File Supplemental Contention
ML20084G1561984-05-0303 May 1984
Answer Opposing Coalition for Environ,Missourians for Safe Energy & Crawdad Alliance 840418 Motion for Leave to File Supplemental Contention Re Financial Qualifications of Util. Certificate of Svc Encl
ML20083Q3521984-04-18018 April 1984
Motion for Leave to File Supplemental Contention Re Financial Qualification of Applicant to Construct & Operate Facility.Certificate of Svc Encl
ML20078P7131983-11-0404 November 1983
Response to Aslab 831020 Memorandum & Order for Addl Info on Observation 4-1 of Integrated Design Insp Program Rept Re Original Design Floor Response Spectra.Spectra Have No Safety Significance.Certificate of Svc Encl
ML20078H1751983-10-12012 October 1983
Response to Joint Intervenors 830823 Petition for Reconsideration of ASLB 830914 Decision ALAB-740. Insufficient Showing Made to Justify Reopening Record. Certificate of Svc Encl
ML20080M6381983-09-29029 September 1983
Motion for Extension to File,W/Commission,Petition for Review of Aslab 830914 Decision ALAB-740.Extension Should Be Granted Until 15 Days After Aslab Rules on Joint Intervenors 830923 Reconsideration Petition.Certificate of Svc Encl
ML20078B4981983-09-23023 September 1983
Petition for Reconsideration of 830914 Decision ALAB-740 in Light of New Evidence Re Adequacy of Applicant QA Program. Many Items Remain Open in Integrated Design Insp Program Rept.Certificate of Svc Encl
ML20076G9071983-06-13013 June 1983
Answer to Jg Reed 830531 Motion & Response to Applicant Motion for Summary Disposition of Jg Reed Contentions. Temporary Funding of Gw Stanfill Position Irrelevant & Accusation of Bias W/O Foundation.Certificate of Svc Encl
ML20023D8041983-05-31031 May 1983
Motion & Response to Applicant 830520 Motion for Summary Disposition of Jg Reed Contentions 1 Through 11 & 13 Through 20.Applicant Motion Should Be Denied Since Matl Facts Should Be Heard.W/Certificate of Svc
ML20071J0491983-05-20020 May 1983
Statement of Matl Fact as to Which There Is No Genuine Issue Re Reed Contention 20 on Authorization of Excess Radiological Worker Exposures & Spec of Decontamination Action Levels
ML20071J0441983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 20 Re Authorization of Excess Radiological Worker Exposures & Spec of Decontamination Action Levels.No Genuine Issue of Matl Fact Exists & Util Entitled to Favorable Decision
ML20071H9861983-05-20020 May 1983
Statement of Matl Fact as to Which There Is No Genuine Issue Re Reed Contention 19 on Impediments to Use of Evacuation Routes
ML20071H9781983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 19 Re Impediments to Use of Evacuation Routes.No Genuine Issue of Matl Fact Exists & Util Entitled to Favorable Decision
ML20071H9741983-05-20020 May 1983
Statement of Matl Fact as to Which There Is No Genuine Issue Re Reed Contention 18 on Human Food & Animal Feeds
ML20071H9721983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 18 Re Human Food & Animal Feeds.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H9521983-05-20020 May 1983
Statement of Matl Fact as to Whcih There Is No Genuine Issue Re Reed Contention 17 on Radiological Monitoring
ML20071H9451983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 17 Re Radiological Monitoring.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H9271983-05-20020 May 1983
Statement of Matl Fact as to Which There Is No Genuine Issue Re Contention 15 on Ltrs of Agreement
ML20071H9061983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 15 Re Ltrs of Agreement.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H9041983-05-20020 May 1983
Statement of Matl Fact as to Which There Is No Genuine Issue Re Contention 14 on Incorporated Cities,Towns & Villages
ML20071H8881983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 14 on Incorporated Cities,Towns & Villages.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H8641983-05-20020 May 1983
Statement of Matl Fact as to Which There Is No Genuine Issue Re Reed Contention 13 on Organizations Requiring SOPs
ML20071H8521983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 13 Re Organizations Requiring Sops.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H8151983-05-20020 May 1983
Statement of Matl Fact as to Which There Is No Genuine Issue Re Reed Contention 11 on Recovery & Reentry Radiation Stds
ML20071H8011983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 11 Re Reentry/Recovery Radiation Stds.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H7831983-05-20020 May 1983
Statement of Matl Fact as to Which There Is No Genuine Issue Re Reed Contention 10 on Medical Treatment
ML20071H7731983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 10 Re Medical Treatment.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H7531983-05-20020 May 1983
Statement of Matl Fact as to Which There Is No Genuine Issue Re Reed Contention 9 on Radiological Exposures
ML20071H7501983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 9 on Radiological Exposures.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H7181983-05-20020 May 1983
Statement of Matl Facts as to Which There Is No Genuine Issue Re Reed Contention 8 on Radiation Detection Equipment
ML20071H7081983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 8 Re Radiation Detection Equipment.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H6871983-05-20020 May 1983
Statement of Matl Facts as to Which There Is No Genuine Issue Re Reed Contention 7 on Presited Decontamination Facilities
ML20071H6711983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 7 Re Presited Decontamination Facilities.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H6141983-05-20020 May 1983
Statement of Matl Facts as to Which There Is No Genuine Issue Re Reed Contentions 6 & 16 on Protective Actions Against Radioiodines & Messages W/Instructions for long-term Sheltering
ML20071H6041983-05-20020 May 1983
Motion for Summary Disposition of Reed Contentions 6 & 16 Re Protective Actions Against Radioiodines & Messages for long- Term Sheltering.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H5821983-05-20020 May 1983
Statement of Matl Facts as to Which There Is No Genuine Issue Re Reed Contention 5,Parts B & C on Radio Communications
ML20071H5771983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 5,Parts B & C Re Radio Communications.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H5631983-05-20020 May 1983
Statement of Matl Facts as to Which There Is No Genuine Issue Re Reed Contention 4 on Emergency Action Level Scheme/ Worker Notification
ML20071H5531983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 4 Re Emergency Action Level Scheme/Worker Notification.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H5221983-05-20020 May 1983
Statement of Matl Facts as to Which There Is No Genuine Issue Re Reed Contention 3 on Emergency Mgt Director Staffing
ML20071H5181983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 3 Re Emergency Mgt Director Staffing.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H5041983-05-20020 May 1983
Statement of Matl Facts as to Which There Is No Genuine Issue Re Reed Contention 2 on Staffing of County Clerk Ofcs
ML20071H4961983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 2 Re Staffing of County Clerk Ofcs.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
ML20071H4251983-05-20020 May 1983
Statement of Matl Facts as to Which There Is No Genuine Issue Re Reed Contention 1 Staffing of Montgomery County Sheriff Ofc
ML20071H4151983-05-20020 May 1983
Motion for Summary Disposition of Reed Contention 1 Re Staffing of Montgomery County Sheriff Ofc.No Genuine Issue of Matl Fact Exists & Applicant Entitled to Favorable Decision
1985-08-02
[Table view] |
Text
_
In the Matter of )
)
U?iION ELECTRIC COfPAN", _e _t a l . ) Docket !!o .
)
(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:
""90 52 -
1113 .?0! !
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.
e 2 of 7 g
)))j
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.
Page 4 of 7 anA 3J i: -
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.
Pap 3 5 of 7 11e +
)
'n 'r l l
- 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
/
A A -
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<
Page 6 of 7 i" "
