ML19206A136
| ML19206A136 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/02/1977 |
| From: | Blake E SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | |
| References | |
| NUDOCS 7904180315 | |
| Download: ML19206A136 (6) | |
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September 2, 1977 N.
UNITED STATES OF AMERICA NUCLEAR REGULATORY CCMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
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METROPOLITAN EDISON COMPANY,
)
Docket No. 50-320 et al.
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)
(Three Mile Island Nuclear
)
Generating Station,. Unit 2)
)
APPLICANTS' RESPONSE TO INTER 7ENORS' MOTION TO HAVE MOTION RECONSIDERED 1.
On August 28, 1977, Intervenors filed a Motion seeking reconsideration by the Licensing Board of an August 9 Order which provided the Board's reasons for denying an April 15, 1977, request by Intervenors that Applicants be compelled to provide a witness to address the consequences of' impacts of large aircraft at TMI 2.
In support of their Motion for reconsideration, Intervencrs state simply:
"In view of ALA3-429, dated August 44, 1577, and received by the Intervencrs on August 27, 1977, the Intervenors move the Scard recensider the April 15, 1977, motion and thereby reopen the record for the receipt of further testimony."
Applicants oppose Intervenors' Motion.
2.
Intervenors only ground for their request, i.e.,
issuance of ALA3-429 by the Appeal Board in the Hope Creek proceed-ing, does not support Intervenors' request that this Licensing Board reconsider its August 9 Order and "reepen the record in this proceeding for the receipt of further testimony."
ALA3-429 neither enplicitly nor implictly requires the reopening of the 7904180 3/6 09'IA9
g.
TMI 2 hearing record or that of any proceeding other than Hope Creek.
The Appeal Board ordered the reopening of the Hope Creek record to receive additional evidence on the substantive statistical bases for probability estimates performed in that case.
That determination in Hope Creek doas not determine the adequacy of the statistical bases for the yrocability estimates performed in this case.
Nor did Intervenors in their April 15 Motion, which they now desire be reconsidered, even challenge substantive bases for the probability analyses performed at TMI 2.
Rather, Inter-venors in their April 15 Motion questioned the long-standing Commission practice of not requiring Applicants to design plants against events shown through probability studies to have an exceed-ingly low probability of occurrence.
As to this practice, the Appeal Board in ALAB-429 stated:
The Licensing Board [in Hope Creek] accepted, and so do we, the guideline probability values set forth in NUREG-75/087 (10 for a realistic calculation and
-6 10 for a conservative calculation) which would permit an Appli-cant not to design a plant to withstand a particular accident due to its low probability."
ALA3-429 (slip opinion at 9).
- Thus, this Board's determination (in denying Intervenors' April 15 Motion) to follow the Commission's accepted licensing practice regarding low probability events, reflected in the approach incor-parared in the Staff's Standard Review Plan, is endorsed by ALA3-429.
Such an endorsement cannot possibly provide a basis for reopening the record in TMI 2.
3.
For the reasons stated above, Applicants respecrfully 4r150
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request that the Board deny Intervenors' Motion to Have Motion Reconsidered.
Respectfully submitted, SHAW, PITTMAN, POTTS & TRCWBRIDGE Wi c. ca-y.
Ernest L.
Blake, Jr.
Counsel for Applicants 3
Dated:
September 2, 1977 49 151
'l September 2, 1977 UNITED STATES OF AMERICA NUCLEAR REGULATORY CCMMISSION Before the Atcmic Safety and Licensing Board In the Matter of
)
)
METROPOLITAN EDISON CCMPANY,
)
Docket No. 50-320 et al.
)
)
(Three Mile Island Nuclear
)
Generating Station, Unit 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing "Appli-cants' Response to Intervenors' Motion To Have Motion Reconsidered" dated September 2, 1977, have been served upon each of the persons listed on the attached service list by mail, postage prepaid, this 2d day of September, 1977.
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Ernest L.
Blake, Jr.
Counsel for Applicants Dated:
September 2, 1977 49 152
3 UNITED STATES OF AMERICA NUCLEAR REGULATORY CCMMISSION Before the Atomic Safety and Licensinc Board In the Matter of
)
)
METROPOLITAN EDISON COMPANY,
)
Docket No. 50-320 et al.
)
)
(Three Mile Island Nuclear
)
Generating Station, Unit 2)
)
SERVICE LIST Edward Luton, Esq., Chairman Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Washingt'on, D.C.
20555 Mr. Gustave A.
Linenberger Alan S.
Rosenthal, Esq., Chairman Atomic Safety and Licensing Board Atomic Safety and Licensing Appeal U.S.
Nuclear Regulatory Commission Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Henry J.
McGurren, Esq.
Office of the Executive Legal Dr.
M.
Reed Johnson, Member Director Atomic Safety and Licensing Appeal U.S. Nuclear Regulatory Commission Board Washington, D.C.
20535 U.S. Nuclear Regulatory Commission -
Washington, D.C.
20555 Dr. Ernest O.
Salo Professor, Fisheries Research Jerome S.
Sharfman, Esq., Member Institute, WH-10 Atomic Safety and Licensing Appeal University of Washington Board Seattle, WA 98195 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Chauncey R.
Kepford 43'3 Orlando Avenue Docketing and Service Section State College, PA 16801 Office of the Secretary and U.S. Nuclear Regulatory Commission 2586 Broad Street Washington, D.C.
20555 York, PA 17404 Karin W.
Carter, Esq., Assistant Attorney General Office of Enforcement Department of Environmental Resources 709 Health and Welfare Building Harrisburg, PA 17120 Qt}
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