HomeMy WebLinkAbout680391.tiffUNITED STATES OF AMERICA
ATOMIC ENERGY COMMISSION
In the Matter of
PUBLIC SERVICE COMPANY OF COLORADO )
(Fort St. Vrain Nuclear Generating )
Station) )
Docket No. 50-267
NOTICE OF HEARING ON APPLICATION
FOR A PROVISIONAL CONSTRUCTION PERMIT
Pursuant to the Atomic Energy Act of 1954, as amended, (the Act)
and the regulations in Title 10, Code of Federal Regulations, Part
50, "Licensing of Production and Utilization Facilities", and Part
2, "Rules of practice", notice is hereby given that a hearing will
be held at 10:00 a.m., local time, on July 16, 1968, in the Weld
County Courthouse, 9th Avenue and 9th Street, Greeley, Colorado, to
consider the a
Service Company of Colorado
struction permit for a high
to operate at 837 megawatts
blic
(the applicant) for a provisional con -
temperature gas-cooled reactor designed
(thermal) to be located at the applicant's
site in Weld County, Colorado, about three and one-half miles north-
west of Platteville, Colorado.
The hearing will be conducted by the Atomic Safety and Licensing
Board designated by the Atomic Energy Commission consisting of
Dr. David B. Hall, Los Alamos, New Mexico; Mr. Hood Worthington,
Wilmington, Delaware; and Arthur W. Murphy, Esq., Chairman, New
WELD CO. COMMISSIONERS
OREELEY, COLO.
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York, New York. Dr. Clark Goodman, Houston, Texas, has been designated
as a technically qualified alternate.
A prehearing conference will be held by the Board at 10_ _00 a=m._
local time, on July 2, 1968, in the Weld County Courthouse, 9th Avenue
and 9th Street, Greeley, Colorado, to consider the matters provided
for consideration by § 2.752 of 10 CFR Part 2 and Section II of
Appendix "A" to 10 CFR Part 2.
The Director of Regulation proposes to make affirmative findings
on Item Numbers 1 - 3 and a negative finding on Item 4 specified
below as the basis for the issuance of a provisional construction
permit to the applicant substantially in the form proposed in
Appendix "A" hereto.
1. Whether in accordance with the provisions of 10
CFR § 50.35(a):
(a)
The applicant has described the proposed
design of the facility, including, but
not limited to, the principal architectural
and engineering criteria for the design,
and has identified the major features or
components incorporated therein for the
protection of the health and safety of
the public;
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(b) Such further technical or design information
as may be required to complete the safety
analysis and which can reasonably be left
for later consideration, will be supplied
in the final safety analysis report;
(c) Safety features or components, if any,
which require research and development
have been described by the applicant and
the applicant has identified, and there
will be conducted,a research and develop-
ment program reasonably designed to resolve
any safety questions associated with such
features or components; and
(d) On the basis of the foregoing, there is
reasonable assurance that (i) such safety
questions will be satisfactorily resolved
at or before the latest date stated in the
application for completion of construction
of the proposed facility, and (ii) taking
into consideration the site criteria con-
tained in 10 CFR Part 100, the proposed
facility can be constructed and operated
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at the proposed location without undue
risk to the health and safety of the public;
2. Whether the applicant is technically qualified to
design and construct the proposed facility;
3. Whether the applicant is financially qualified to
design and construct the proposed facility; and
4. Whether the issuance of a permit for the construction
of the facility will be inimical to the common
defense and security or to the health and safety
of the public.
In the event that this proceeding is not a contested proceeding,
as defined by § 2.4 of the Commission's 'Rules of Practice", 10 CFR
Part 2, the Board will, without conducting a de novo evaluation of
the application, consider the issues of whether the application and
the record of the proceeding contain sufficient information, and the
review by the Commission's regulatory staff has been adequate, to
support the findings proposed to be made and the provisional construc-
tion permit proposed to be issued by the Director of Regulation.
In the event that this proceeding becomes a contested proceeding,
the Board will consider and initially decide, as the issues in this
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proceeding, Item Numbers 1 through 4 above as the basis for deter
mining whether the provisional construction permit should be issued
to the applicant.
As they become available, the application, the report of the
Commission's Advisory Committee on Reactor Safeguards (ACRS) and
the Safety Evaluation by the Commission's regulatory staff will
be placed in the Commission's Public
N. W., Washington, D. C., where they
by members of the public. Copies of
latozy staff's Safety Evaluation may
Document Room, 1717 H Street,
will be available for inspection
the ACRS report and the regu-
be obtained by request to the
Director of the Division of Reactor Licensing, United States Atomic
Energy Commission, Washington, D. C. 20545.
Any person who wishes to make an oral or written statement in
this proceeding setting forth his position on the issues specified,
but who does not wish to file a petition for leave to intervene,
may request permission to make a limited appearance pursuant to
the provisions of § 2.715 of the Commission's "Rules of Practice",
Limited appearances will be permitted at the time of the hearing
in the discretion of the Board, within such limits and on such
conditions as may be fixed by the Board. Persons desiring to make
a limited appearance are requested to inform the Secretary, United
States Atomic Energy Commission, Washington, D. C. 20545, by June 27,
1968.
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Any person whose interest may be affected by the proceeding who
does not wish to make a limited appearance and who wishes to parti-
cipate as a party in the proceeding must file a petition for leave
to intervene.
Petitions for leave to intervene, pursuant to the provisions of
§ 2.714 of the Commission's "Rules of Practice", must be received
in the Office of the Secretary, United States Atomic Energy Commission,
Germantown, Maryland, or the Commission's Public Document Room,
1717 H Street, N.W., Washington, D. C., not later than June 27, 1968,
or in the event of a postponement of the prehearing conference,
at such time as the Board may specify.
The petition shall set forth the interest of the petitioner in
the proceeding, how that interest may be affected by Commission
action and the contentions of the petitioner. A petition for leave
to intervene which is not timely filed will be denied unless the
petitioner shows good cause for failure to file it on time.
A person permitted to intervene becomes a party to the proceeding,
and has all the rights of the applicant and the regulatory staff to
participate fully in the conduct of the hearing. For example, he
may examine and cross-examine witnesses. A person permitted to make
a limited appearance does not become a party, but may state his position
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and raise questions which he would like to have answered to the extent
that the questions are within the scope of the hearing as specified
in the issues set out above. A member of the public does not have
the right to participate unless he has been granted the right to
intervene as a party or the right of limited appearance.
An answer to this notice, pursuant to the provisions of § 2.705
of the Commission's "Rules of Practice", must be filed by the
applicant on or before June 27, 1968.
Papers required to be filed in this proceeding may be filed by
mail or telegram addressed to the Secretary, United States Atomic
Energy Commission, Washington, D. C. 20545, or may be filed by
delivery to the Office of the Secretary, United States Atomic Energy
Commission, Germantown, Maryland, or the Commission's Public Document
Room, 1717 H Street, N. W., Washington, D. C.
Pending further order of the Board, parties are required to
file, pursuant to the provisions of § 2.708 of the Commission's
"Rules of Practice", an original and twenty conformed copies of
each such paper with the Commission.
UNITED STATES ATOMIC ENERGY COMMISSION
By:
Dated at Washington, D. C.
this28.27a day of Lay 1968.
Secretary
APPENDIX "A"
PUBLIC SERVICE COMPANY CF COLORADO
(Fort St. Vrain Nuclear Generating Station)
DOCKET NO. 50-267
PROVISIONAL CONSTRUCTION PERMIT
Construction Permit No.
1. Pursuant to § 104 b. of the Atomic Energy Act of 1954, as amended
(the Act), and Title 10, Chapter 1, Code of Federal Regulations, Part
50, "Licensing of Production and Utilization Facilities", and pursuant
to the order of the Atomic Safety and Licensing Board, the Atomic
Energy Commission (the Commission) hereby issues a provisional construc-
tion permit to Public Service Company of Colorado, (the applicant) for
a utilization facility (the facility), designed to operate at 837
megawatts (thermal), described in the application and amendments
thereto (the application) filed in this matter by the applicant and
as more fully described in the evidence received at the public
hearing upon that application. The facility, known as Fort St. Vrain
Nuclear Generating Station, will be located at the applicant's site
in Weld County, Colorado, about three and one-half miles northwest
of Platteville, Colorado.
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2. This permit shall be deemed to contain and be subject to the
conditions specified in §§ 50.54 and 50.55 of said regulations;
is subject to all applicable provisions of the Act, and rules,
regulations and orders of the Commission now or hereafter in effect;
and is subject to the conditions specified or incorporated below:
A. The earliest date for the completion of the facility
is October 1, 1970, and the latest date for completion
of the facility is October 31, 1971.
B. The facility shall be constructed and located at
the site as described in the application, in Weld
County, Colorado, about three and one-half miles north-
west of Platteville, Colorado.
C. This construction permit authorizes the applicant
to construct the facility described in the application
and the hearing record in accordance with the principal
architectural and engineering criteria set forth therein.
3. This permit is provisional to the extent that a license authorizing
operation of the facility will not be issued by the Commission unless
(a) the applicant submits to the Commission, by amendment to the
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application, the complete final safety analysis report, portions of
which may be submitted and evaluated from time to time; (b) the
Commission finds that the final design provides reasonable assurance
that the health and safety of the public will not be endangered by
the operation of the facility in accordance with procedures approved
by it in connection with the issuance of said license; and (c) the
applicant submits proof of financial protection and the execution
of an indemnity agreement as required by § 170 of the Act.
FOR THE ATOMIC ENERGY COMMISSION
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TO MAKE A LIMITED APPEU.t11.CE. I?! SUPPORT OF TH7 r:PPt ICA.TIO:
OF PUBLIC SERVICE CO OF COLORADO
THE BOARD OF COUNTY CO MIS STOLE`S WELD COUNTY COLO BY HAROLD
W ANDERSON
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PROD. & UTIL EAD. SO -267
UNITED STATES OF AMERICA
ATOMIC ENERGY COMMISSION
4
In the Matter of )
PUBLIC SERVICE COMPANY OF COLORADO )
Docket No. 50-267
PETITION FOR LEAVE TO INTERVENE
COMES NOW the International Union, United Mine Workers
of America, by its attorneys, Edward L. Carey and V. G. Seavy,
Jr., and in support of its Petition for Leave to Intervene
shows unto the Commission,
1. That the interest of this Petitioner herein, is as
follows:
A. That the Petitioner is a labor organization
representing its membership, employees in the coal industry,
throughout the United States and Canada; that many of Petition-
er's members reside and work in the State of Colorado;
B. That approximately 800 of Petitioner's members,
together with their families, reside in the immediate area
affected, or to be affected by the proposed Fort St. Vrain
Nuclear Generating Station, and in the event of a nuclear ex-
plosion, excursiom or other accident at said facility, the health
and lives of Petitioner's members would be greatly endangered,
their livelihoods subject to destruction, and their homes and
personal properties exposed to ruination.
C. That the economically feasible and safe alter-
native for Applicant to the proposed Fort St. Vrain Nuclear
Generating Station is a fossil fueled plant; that were the
needs of Applicant satisfied and fulfilled by. such a fossil
fueled plant, the vast majority of the coal used in connection
therewith would be produced by and through the employment of
Petitioner's members in the coal industry; that as a consequence,
Petitioner, the members it represents, and. United Mine Workers
of America Welfare & Retirement Fund, which Fundexists for the
purpose of providing health, welfare and pension benefits to
Petitioner's members, would suffer great loss in income, wages,
royalty and revenues from the construction and. subsequent oper-
ation of the Fort St. Vrain Nuclear Generating Station.
2. ..That the interest of Petitioner is or may be af-
fected by Commission action herein for the following reasons:
A. That were the Provisional Construction Permit
herein sought issued and granted by the Commission and the
Fort St. Vrain Nuclear Generating Station thereafter constructed
and operated in accordance therewith, the health, lives,
livelihood and properties of Petitioner's members would be
subjected to great hazard and. danger from a nuclear explosion,
excursion or other accident occurring at said facility.
B. That were the Provisional Construction Permit
herein sought issued and granted by the Commission, and the
Fart St. Vrain Nuclear Generating Station thereafter constructed
and operated in 'accordance therewith, the Petitioner, its members,
and the United Mine Workers of America Welfare and Retirement
Fund would suffer great financial loss and damage.
3.6 That the Petitioner opposes the granting and issu-
ance of the Provisional Construction Permit herein sought for
the following reasons:
A. That the construction and operation of the sub-
ject facility would be inimical to the health and safety of the
public, and would create an undue and wholly unnecessary risk
of grave harm and danger to Petitioner's membership for the
reason, among others, and as noted by Dr. Joseph Hcndrie in his
remarks appended to the ACRS Report herein, that the proposed
reactor containment vessel, standing alone, is totally• inade-
quate to protect public health and safety.
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B. That the Applicant is not financially qualified
to design and. construct the proposed facility for the reason
that such financial ability and qualification must of necessity
be premised upon tho economic operation of said facility fol-
lowing its construction; that said facility is an experimeno
which has not been, and cannot be, proven economically sound
and operable.
4. That Petitioner's address for service of papers :n
this proceeding is 900 15th Street, N.W., Washington, D.C. 21.005.
WHEREFORE, this Petitioner prays for the order of the
Commission granting it .leave to intervene herein and to they,
upon become a party hereto with alj e rights incident there o.
EDWAR.L L . , CA :EY
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V. G. S.AVY, JR. ,
475 Capitol Life Center, —
Denv:r, Colorado 80263
Attorney; for Petitioner
Internat)nal Union, United Mine
WorhIrs of America
VERIFICATION
CITY OF WASHINGTON
ss.
DISTRICT OF COLUMBIA )
W. A. BOYLE, after being duly sworn, deposes and
says that he is President of the International Union,
United Mine Workers of America,and, as such, he is
authorized to file Petition for Leave to Intervene; and
that he has read such petition and he verily believes
that the facts set forth therein are true and correct.
Subscribed and sworn to before
me this 26th day of June, 1968.
Notary P blic
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Petition for
Leave to Intervene was served by mail this 26th day of
June 1968, upon Bryant O'Donnell, Esq., of Lee, 13ryans,
Kelly & Stansfield, 900 Public Service Company Building,
Denver, Colorado 80202; and by hand upon the U.S. Atomic
Energy Commission, 1717 H Street, N.W,,j ashington, D.C.
Edwa
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