7. EHV Certification (cont); EHV Certification (cont): c) Federal eminent domain c) Federal eminent domain provided (Sec. 409(e)). d) Provides for rightsof-way over Federal lands; limited veto power in Secretary of Interior or other agency administering Federal lands. provided; would also provide that if a party shows that he raised timely objection in the Commission's procedures, the condemnation court shall review the Commission's record to determine if the proponent sustained the burden of proof that the part of the proposal objected to is the best of all feasible alternatives (411(c)). d) Sec. 411(a) - prohibit the Commission from approving any coordination plan, EHV proposal, or issuing or renewing any license under Part I which requires the use of any publicly-owned land from a public park, recreation area or wildlife or waterfowl refuge or an historic site of national, State of local significance unless there is no feasible alternative. 90th Cong: S. 1934 (Muskie) S. 91st Cong: H.R. 489 (Long) H.R. 9215 (Biester). 1071 (Kennedy), H.R. 7016 (Moss), H.R.7052 (Ottinger), H.R. 7186 (Macdonald). S. 1916(Magnuson) H.R. 12585 (Macdonald) White-O'Connor recommendation 7. EHV Certification(cont): EHV Certification (cont): SUBJECT April 30, 1970 : H.R. 2506 1/ (National Powerplant Siting bill) The bill would basically do two things: (1) give the FPC two years (beginning 90 days after enactment) to conduct a national powerplant siting study and develop a national powerplant siting plan for all types of generating facilities; and (2) place a moratorium on the construction of nuclear power plants until completion of the siting plan. The objective of the siting study and plan is the designation of "optimum locations for large power generating facilities of all types to insure availability of an abundant, low-cost, and reliable supply of electricity from such facilities throughout the United States, and to protect environmental assets, including land, water, recreation, scenic, ecological, and historic values. The bill does not define what are to be considered to be "large power generating facilities." The Commission's first responsibility would be the compilation of a "national inventory of sites suitable for large generating facilities of various types." The Commission would be required to project regional capacity needs for the year 2000, probable unit and station sizes, and the number of sites necessary for optimum utilization. It would have to collect and evaluate scientific, technical and economic data bearing on the objective of producing, consistent with the public health and safety, abundant energy at the lowest possible cost "and with opportunity for direct participation by all segments of the electric industry." Finally, the Commission would be required to determine the cost associated 1/ H.R. 15955 (Reid) is an identical bill. with necessary health and safety procedures and the cost associated with nondevelopment or of measures designed to minimize environmental impact (including land, water, recreation, scenic, ecological, and historic factors). The Secretaries of HEW, Interior, Agriculture and Defense, and the AEC, are to provide information and advice requested by the Commission. The powerplant siting plan, in addition to summarizing the results of the study, is to include an estimate of the maximum generating capacity which could be located at specific sties and "(3) recommendations as to means of acquiring recommendations." Finally, prior to the completion of the siting plan the AEC would not be able to issue a license under sections 103 and 104 of its Act except where there is no economical alternative means of obtaining the energy output, or where the absence of the nuclear stations would prejudice the national health, safety or security, or where environmental assets would be severely damaged or destroyed by construction of a non-nuclear powerplant. |