ML20136A668

Ack Receipt of D Sholly'S Requesting Appearance at Hearing.Informs That on 731106,D Sholly Presented Oral Limited Appearance Statement & Submitted More Detailed Written Statement for Record

ML20136A668
Person / Time
Site:	Three Mile Island
Issue date:	11/19/1973
From:	Shapar H US ATOMIC ENERGY COMMISSION (AEC)
To:	Schweiker R SENATE
Shared Package
ML20125B444	List: IA-96-207, Forwards Comments by NRC Re Proposed NRC Responses to Senator Schweiker & R Nader on Security Problem.Draft Responses Encl IR 05000289/1974015 IR 05000289/1976008 IR 05000289/1977013 IR 05000289/1977036 ML20125B442 ML20125B445 ML20125B450 ML20126M904 ML20127A093 ML20127A097 ML20127B890 ML20128F507 ML20128F533 ML20128F556 ML20128F571 ML20128F641 ML20128F668 ML20128F893 ML20128F895 ML20128F904 ML20128F922 ML20128F956 ML20128F977 ML20129F343 ML20129F351 ML20129F370 ML20129F474 ML20129F487 ML20129F516 ML20129G431 ML20129G460 ML20129G511 ML20129G571 ML20129G612 ML20129G638 ML20129G768 ML20129H076 ML20129H083 ML20129H089 ML20129H097 ML20129H105 ML20129H111 ML20129H114 ML20129H128 ML20129H146 ML20129H165 ML20129H188 ML20129H201 ML20132A345 ... further results
References
FOIA-96-207 NUDOCS 7904250122
Download: ML20136A668 (5)

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. Memorable Riehard S. Sehwelker

! Uutted Senees Senate i

l Deer Semeenr Schwelker:

l' 6 Theek you for year ingeiry with r;;;::: to your ommetisment's,

! Mr. David Sheuy's, esmeerms with respect le public par ^?-';:"--_

j la the public hearing em the appueaties for an aperating license j for the Three Mile Island, Unit 1, mesleer fesulty.

i under e ce==tatem's anta of Practice there are two mesas whereby I members of the pubHe may partleipate in ABC public heartags involving

! em 1;;"==" r for a meelear facility license. One of thee provides l der a member of b pubMe to beseene am intervener in the ,.. ::::"-g.

! As intervenere, each enembers of the public have all the rights of a i party to the ,. ::: _ "-- and anny present evidense, cross-ensedse j witmenses and in11y perdespete la an aspects of the pressedlag.

l For a enomber of the puhue to bessees an intervener, he er she er i em ,, seest Ale with rthe w a== a formal pathien for

' leave to imeervene in accordemoe with the P-taat='s Rules of

Practies and the pottelen enest be granted by the Atende safety and

- - Board designated to rule om seek petitions.

i i A seeemd meethod for participating in them p ::::":;s is by seems j el a tiedted appearance. A pereen destrisig to p :: _t em oral er l written statseneet regarding the appucetten bot who does not desire  !

l to regnest fall party states as am intervenor sWemally would participate i j in the c :::" g by this eneans. Under Ph==i= precedures, a l a pereen desdrtag to make a tiedted appearames is merely required to l nonke lueews to the presteeg Atemde Safety and Licensing Board that eush en appearamee is desired. Requests for each mee are y

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Informatian in this record was dc'cled

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in accordance wilii)he freedom cf infomatica l

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b Honorable Richard S. Schweiker -

l routinely, granted. The presiding Board is, however, granted discretion '

to apply reasonable constraints on the length of oral limited appearance statements in the interest of providing everyone who desires an opportunity to make suah an appearance adequate time to do so and assuring the orderly conduct of the proceeding.

As I understand the situation, Mr. Sholly is a member of an organisation known as Citisens for a Safe Environraent (CFSE) which petitioned to intervene in the Three Mile Island proceeding. This petition was granted and CFSE j became a full party to the proceeding. The organisation was ably represented '

by counsel.

I further understand that in addition Mr. Sholly submitted a request to the presiding Atomic Safety and Ideensing Board to make a limited appearance. ,

This requeat along with twelve others was granted by the presiding Board. i In granting these requests the presiding Board limited oral statements to Sve udnutes. However, in the interest of assuring each of these persons the opportunity to present to the Board a full and complete statement of their positions, in the event the Sve minute lim lt for oral statements was insuf8clent, the Board permitted each person making a limited appearance l

to submit for the record written statements of any length. l On h'ovember 6,1973, Mr. Sholly presented his oral limited appearance state-ment to the Board and submitted a more detailed written statement for the record. On November 7,1973, CFSE entered into an agreement with the applistat for the Hoense, Metropoutan Edison, in which the applicant agreed to satisfy certain concerns of CFSE in connection with the proposed operatioa of the Three Mile Island faenity and CFSE agreed to withdraw as an intervenor in the proceeding. This agreement is pending before the presiding Board. A runng is anticipated shortly.

In the event you desire additionalinformation, please contact me. 1 Distribution: gg,,,,,1 7 ,

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. -318 (Rev. 9 53) AECM 0240 u. s. covERNMENT PRWTmG OFrtCE : 1970 0 - 405 346

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'21Cnifeb States Senate )

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DCT 2 21973 l l

Respectfully referred to:

4 Congrensional :,iaison Ato:ue .. :di 0 W18810E rh$nt; ton, D. C. 20546 Because of the desire of this office to be responsive to hll inquiries and communications, your consideration of the attached is requested. Your findings and views, in duplicate form, along with return of the enclosure, will be appreciated by._

Richard S. Schweiker L'.. e elf. L,;i ei M ' Pennsylvania I

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.l Th2 Honorsble. Richard Schweiker S;nator frod Pennsylvania i

Mr. Senator: l l

I am a member of an organization called Citizens for a Safe Environment '

fr:m Harrisburg, Pennsylvania. The organization is currently involved in th9 licensing hearings for the Three Mile Island Nuclear Power Station, Unit 1, nuclear reactor, which is located about nine miles from Harrisburg. l Citizens for a Safe Environment has intervened in the hearings to express ita concerns that certain features of the reactor present undhe hazards to the population in the vicinity of the reactor.

As a member of an Intervening organization, it seemed logical to me thet I should be permitted to present my testimony at the hearings by '

l virtue of being a member of the Intervenors. However, I have recently bO3n informed by Citizens for a Safe Environment Chairperson Virginia i Scuthard that I must request permission from th,e Atomic Energy Commission to make an appearance at the hearing and be able to speak. Not only that, but I found that I am limited to five minutes time in which to present my I foglings to the Atomic Safety and Licensing Board assigned to the hearing l by the A.E.C. In addition, not only must I request permission, but Ms. 1 Southard, who is the leader of the Intervenors, must also request permission to opeak at the hearing and she is also limited to five minutes.

I find this situation rather incredible. It seems to me that the rdico which require my submitting a request to appear at the hearing is epacifically designed to discourage public participation in proceedings of this type, when in fact their health, welfare, and peace of mind are paccibly threatened. No doubt exists in my mind that the A.E.C. needs some idos of how many persons wish to..make statements to the hearing board in order to proceed in a smooth fashion and minimize confusion. However, fer e concerned member of the public to be forced to " request permission" to cake an appearance at such a hearing as I am describing is absurd and an effront to the intelligence and dignity of any person who becomes involved in such a proceeding. __

I strongly resent the "high-and-mighty" attitiu6e which p 'rvades the A.E.C. regulations regarding personal appearances at licensing hearings.

Sinco the due date for appearance requests for the Three Mile Island hearing is already past, I can only sit by and hope for the A.E.C. to grant me permission to do what I feel should be a basic right of every p3rson to do--that is, to freely present his views in a public proceeding chich involves his personal health and welfare or that of his family.

As Assistant Secretary of the Interior, John A Laran, noted in a letter to Sonator Warren Wagnuson, dated Arpil 25, 1972, "Public information about

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I utility plans and participation in siting decisions is presently inadequate. l' Full public participation is a vital part of the successful resolution of -

conflicts over location of facilities."

1. rep' ort of a special committee of the Association of the Bar of the City of New York, submitted as testimony in Senate Commerce Committee hscrings on Powerplant Siting, cited several defects in the present system of inforestion disclosure and public participation in powerplant licensing I

hscrings. Among those defects were listed:

(a) Failure to provide for adequate public disclosure of important facts, (b) Presenting unnecessary obstacles to public participation, and (c) Failure to inspire essential public trust in the objectivity j of the results reached. l That same subcommittee recommended that all stages of the decision- l making process in powerplant siting be opened up to effective public q participation. The two main reasons for this were, first, that a more open i docision-making process is more likely to arrive at sound decisions which l cro in the public interest, and, secondly, that,the credibility of such j pr0c0sses cannot withstand the critisim that results from the exclusion of persons or interest groups who reasonably beleive themselves to be effected by the results of such proceedings.

It is evident to me that little effort has been exerted by the A.E.C.

cleng these' lines since the time of the above mentioned report. It is high time that the A.E.C. becomes more responsive to the citizens of this country who reasonably believe themselves to be affected by their actions.

I otrongly urge you to use all measures at your disposal to correct this unfortunate and unnecessary situation.

Any response which you may have to this communication will be greatly cpprociated. I thank you kindly _for your time and for your consideration in this matter.

-S in c e r e ly , ----

Steven C. Sholly l

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