TENNESSEE VALLEY AUTHORITY (Yellow..., 7 N.R.C
In the Matter of TENNESSEE VALLEY AUTHORITY (Yellow..., 7 N.R.C. 215 (1978) In the Matter of TENNESSEE VALLEY AUTHORITY (Yellow Creek Nuclear Plant, Units 1 and 2) NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD LBP–78–7 Docket Nos. STN 50–566, STN 50–567 February 3, 1978 **1 *215 John M. Frysiak, Chairman; Lester Kornblith; Oscar H. Paris *216 Appearances James F. Burger, Esq., W. Walter LaRoche, Esq., and Alvin Gutterman, Esq., for the Applicant. Aubrey Godwin, Director, Division of Radiological Health, for the State of Alabama Department of Public Health. Eddie Fuente, Esq., Division of Radiological Health, for the State of Mississippi State Board of Health. Edward Ketchen, Esq., and Robert Mitchell, Esq., for the U.S. Nuclear Regulatory Commission. The Licensing Board issues a partial initial decision, making findings of fact and conclusions of law and authorizing the issuance of a limited work authorization pursuant to 10 CFR § 50.10(e), subject to certain terms and conditions. FWPCA: EPA AUTHORITY Although the staff unquestionably has authority to impose certain monitoring requirements, the authority does not extend to matters within the jurisdiction of the EPA (which has authority over effluent limitations pursuant to the Federal Water Pollution Control Act Amendments of 1972 (FWPCA)). NEPA: COST-BENEFIT BALANCE The staff must consider adverse effects on the aquatic environment in its NEPA cost-benefit balance, although it cannot require monitoring which is otherwise within the jurisdiction of the EPA Administrator. TECHNICAL ISSUES DISCUSSED: Table S–3, radon–222; cooling water intake system; seismology. PARTIAL INITIAL DECISION (Limited Work Authorization) *217 I.
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