EDWARD J. BLOCH

Edward J. Bloch has served as Deputy General Manager of the U.S. Atomic Energy Commission since October of 1964. He is a veteran of more than 25 years' experience in the nation's atomic energy program, and has held positions of technical and administrative responsibility with the U.S. Atomic Energy Commission since the inception of the agency.

Mr. Bloch's work in the atomic energy program began in 1943, when he served at Oak Ridge, Tennessee, as an Army officer assigned to the Manhattan Engineer District, the World War II predecessor of the Atomic Energy Commission. He left the Army in 1946 with the rank of Lieutenant Colonel and later in that year joined the AEC staff as Executive Officer in the Research Division at Oak Ridge.

In 1947 he became General Engineer for the Division of Production and a year later became Deputy Director of the Division in Washington. In 1951 he was named Director of the Division of Construction and Supply, in which capacity he served until he became Director of the Division of Production in 1954.

In September 1959 Mr. Bloch was appointed Assistant General Manager for Manufacturing. He became Assistant General Manager for Operations in August 1961. In that position, he had primary responsibility for assisting the General Manager in the supervision of the Commission's field offices reporting directly to the General Manager. He also managed the activities of the Divisions of Contracts, Construction, Operational Safety and Labor Relations.

As Deputy General Manager, he assisted the General Manager and acted for him in his absence in discharging the responsibilities as the chief executive officer of the Commission.

Mr. Bloch studied civil engineering at Washington University, St. Louis. Until he entered the Army in 1942, he was a civilian employee of the Army Corps of Engineers at various posts in the United States. Mr. Bloch is married to the former Anne Horvatt. Mr. and Mrs. Bloch live at 5524 Devon Road, Bethesda, Maryland. They have one son, Robert J., and three daughters, Gail Anne Hare, Carolyn Jane, and Anne Elizabeth.

JOHN A. ERLEWINE

John A. Erlewine joined the staff of the Atomic Energy Commission in its Chicago Operations Office in 1952.

As Assistant General Manager for Operations since December 15, 1964, he has been responsible for supervising the activities of nine AEC field offices, which have a total plant investment of several billion dollars. He also has been responsible for activities of five Headquarters Divisions Contracts, Construction, Operational Safety, Labor Relations and Waste Management and Transportation--as well as administration of agency activities involving economic impact, community affairs, and federal-state cooperative programs in workmen's compensation and recordkeeping for radiation workers. In addition, he has coordinated major aspects of the 200 BEV Accelerator Project, which is under construction near Chicago.

Mr. Erlewine began his employment with the AEC's Chicago Operations Office as an attorney. He moved up to Deputy Assistant General

Counsel and, later, Director of the Development Contracts Division. He transferred to AEC Headquarters in Germantown, Maryland, in 1958 as Special Program Officer, Division of Reactor Development. In this capacity he played a vital role in inauguration of the Commission's power reactor demonstration program. He was appointed Special Assistant to the Assistant General Manager for Research and Industrial Development in 1959.

Two years later, Mr. Erlewine was named head of the AEC Office in Brussels, where he served in a dual role-as Deputy for Euratom to the U.S. Ambassador to the European Communities and as chief liaison for the AEC nuclear programs with Belgium, West Germany and West Berlin, Italy and The Netherlands. After three years in Brussels, Mr. Erlewine returned to the AEC Headquarters as Director of Congressional Relations. In this position he was responsible for liaison with the Joint Committee on Atomic Energy and other members of Congress and provided advice and assistance to the Commissioners and the General Manager on Congressional matters. In 1964 he was appointed to the position of Assistant General Manager for Operations.

Mr. Erlewine was born on January 6, 1923, in Houston, Texas. He received a B.A. degree in political science from the University of Michigan in 1943 and LL.B. degree from Columbia University Law School in 1948. He is married to the former Millicent Watson of Harrisburg, Pennsylvania. They live in Silver Spring, Maryland, and have three children.

46

AEC LICENSING UNDER REVISED REGULATIONS

A. QUAD-CITIES

AEC ISSUES Low POWER LICENSE FOR NUCLEAR POWER
PLANT IN ILLINOIS

OCTOBER 4, 1971

A license for fuel loading an low power testing of Unit 1 of the Quad-Cities Nuclear Power Station near Cordova, Illinois, has been issued to Commonwealth Edison Company and Iowa-Illinois Gas and Electric Company by the AEC's Division of Reactor Licensing. The license authorized low power testing up to a maximum power level of 25 megawatts thermal, approximately one percent of full power). No electricity would be generated at this level.

Action on the applications for a full power license will be dependent on the results of a broadened environmental impact review required under the AEC's revised regulations implementing the National Environmental Policy Act (Appendix D, Part 50) which became effective on September 9.

Before the license was issued, the AEC found, in accordance with the new regulation, that fuel loading and low power testing, during the period of the ongoing environmental review, will not have a significant adverse effect on the environment and that the facility meets all safety requirements for this type of operation. In addition, the facility was inspected to assure that construction, including the necessary pre-operational testing, had been satisfactorily completed.

Copies of a summary of environmental considerations relating to the low power operation will be available for public inspection at the AEC's Public Document Room, 1717 H Street, N.W., Washington, D.C. Copies also may be obtained by writing the Director, Division of Reactor Licensing, U.S. Atomic Energy Commission, Washington,

D.C. 20545.

(464)

A. QUAD CITIES

In the United States District Court for the District of Columbia THE IZAAK WALTON LEAGUE OF AMERICA, ET AL., PLAINTIFFS,

V.

JAMES SCHLESINGER, ET AL., DEFENDANTS

(Civil Action No. 2207-71)

PEOPLE OF THE STATE OF ILLINOIS, ET AL., PLAINTIFFS,

v.

UNITED STATES ATOMIC ENERGY COMMISSION, ET AL., DEFENDANTS

(Civil Action No. 2208-71)

DEFENDANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

Statement

These cases are actions to declare invalid certain regulations of the Atomic Energy Commission, to require the issuance of new regulations and to enjoin the Atomic Energy Commission from issuing, under existing regulations, an interim operating license for the Quad Cities Nuclear Power Station. The cases are here for hearing on plaintiffs' motions for the issuance of a preliminary injunction against the Atomic Energy Commission.

1. Summary of Complaints and Relief Sought

The Izaak Walton League complaint seeks relief against the Atomic Energy Commission (AEC) and the Department of the Army (Corps of Engineers), as well as specified members or officers or employees of those governmental entities. The State of Illinois complaint seeks relief only against the AEC and certain named members and officials thereof.

As a first count, both complaints allege that the AEC's regulations in 10 CFR Part 50, Appendix D (effective September 9, 1971), implementing the National Environmental Policy Act (NEPA), are invalid under MEPA, Executive Order 11514 and the Guidelines of the Council on Environmental Quality (CEQ), in that they were promulgated without an accompanying NEPA environmental impact statement and without a public hearing, as allegedly required by Section 102(2)(C) of MEPA, and implementing CEQ Guidelines. The plaintiffs in both suits seek a declaration that the regulations in 10 CFR Part 50, Appendix D, are invalid, and an order directing AEC to promulgate new regulations.

The second count of both complaints seeks to enjoin the Commission from carrying out certain licensing actions authorized by its Appendix D regulations with regard to the Quad Cities Nuclear Power Station (In the Matter of Commonwealth Edison Co., et al., Quad Cities Nuclear Power Station Units 1 and 2, AEC Docket Nos. 50-254 and

See p. 557 for the Distrist Court's decision.

50-265). Both complaints allege that the provisions in Section D.3 of Appendix D which permit the issuance of an interim operating license (under specified conditions) pending completion of the supplemental NEPA review directed by the Appendix, are invalid. Plaintiffs seek an order prohibiting AEC from issuing such a license in the Quad Cities proceeding.1

Accompanying each complaint are Motions for a Preliminary Injunction seeking to enjoin the AEC from issuing an interim operating license for the Quad Cities Nuclear Power Station until the preparation and distribution by AEC of a NÉPA environmental statement. 2. Background of 10 CFR Part 50, Appendix D

The Atomic Energy Commission's procedures for implementation of the requirements of NEPA, insofar as AEC licensing proceedings are concerned, appear in 10 CFR Part 50, Appendix D. These regulations were substantially revised, effective September 9, 1971 (36 F.R. 18071), to comply with the mandate of the Court of Appeals for the District of Columbia Circuit in Calvert Cliffs' Coordinating Committee, et al. v. U.S. Atomic Energy Commission, et al., F.2d (D.C. Cir., July 23, 1971). The Court of Appeals had held that the then existing Appendix D did not comply in several specified respects with the requirements of NEPA, and it remanded the proceeding to the Commission for rule making consistent with the Court's opinion.

Issuance thereafter of revised Appendix D (which plaintiffs here contest) was effected under applicable rule making requirements of the Administrative Procedure Act, as amended, 5 U.S.C. 552, 553. Because the revision was necessary to comply with the Court of Appeals' decision in the Calvert Cliffs' case, the Commission found that "good cause" existed for omitting notice of proposed rule making and public procedure thereon, and for making the revision effective upon publication in the Federal Register without the customary 30day notice. 36 F.R. at p. 18072. Prior to issuing the revised regulation, however, members of the AEC staff met on August 27, 1971, with representatives of Federal and State agencies, and of environmental groups and the nuclear industry to discuss a preliminary draft of a revised Appendix D. (See AEC Press Release No. 0-143, August 25, 1971.) The meeting was open to the public and letter invitations to attend were sent to the State of Illinois and to the Izaak Walton League of America, plaintiffs here. The statement of considerations for revised Appendix D additionally invited "interested persons" who desired to submit written comments or suggestions on the revised regulations "with the view to possible further amendments", to do so

1 The Izaak Walton League complaint additionally charges that the Army Corps of Engineers has improperly refused to prepare a NEPA impact statement in connection with the Quad Cities utilities' application for permits under the Rivers and Harbors Act of 1899, and should be ordered to do so prior to the issuance of any permits for the discharge of heated water from the Quad Cities station; and that the Corps of Engineers has agreed to prepare an environmental report under regulations adopted pursuant to Section 403 of the Rivers and Harbors Act of 1899 but has refused to disclose it to the plaintiffs. allegedly in violation of the provisions of the Freedom of Information Act, 5 U.S.C. 552.

2 Further minor clarifying amendments were adopted on September 21, 1971 (36 F.R. 18716), September 30, 1971 (36 F.R. 19158) and November 11, 1971 (36 F.R. 21579).

3.Subsequent to the meeting, the Commission was advised that the Izaak Walton League was unable to provide representation at the meeting because the invitation was directed to the League's two previous addresses and did not reach the League in time for it to attend.