ML19207A424
| ML19207A424 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/16/1979 |
| From: | Shapar H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Gilinsky V, Hendrie J, Kennedy R NRC COMMISSION (OCM) |
| Shared Package | |
| ML19207A420 | List: |
| References | |
| REF-10CFR9.7 NUDOCS 7908170505 | |
| Download: ML19207A424 (10) | |
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JUI. I 6 W3 MEMORANDUM FOR:
Chairrnan Hendrie
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Commissioner Gilinsky Commissioner Kennedy Commissioner Bradford Commissioner Ahearne FROM:
Howard K. Shapar Executive Legal Director THRU:
Lee V. Gossick Executive Director for Operations
SUBJECT:
DRAFT OF PROCEDURAL PORTIONS OF COMMISSION'S FURTHER ORDER IN THE THREE MILE ISLAND UNIT 1 SUSPENSION PROCEEDING On Thursday, July 12, 1979, I discussed with the Commission my memorandum concerning the procedural options which the Commission could consider incor-porating in its further order in the Three Mile Island Unit I suspension proceeding. As requested, I have prepared a draft of the procedural portions of such an order, incorporating the options recommended in my prior memorandum.
A complete draft order will be prepared af:er the Office of Nuclear Reactor Regulation (NRR) finishes its identification of the technical issues to be addressed in the Commission order.
The Commission may wish to note the following particular provisions of the attached draft order:
-- It provides for hearing before an Atomic Safety and Licensing Board, with direct appeal to the Commission itself.
-- It permits the licensee to begin the required modifications immediately.
-- It does not require completion of the modifications before the issuance of an initial decision. Rather, it calls for a determination by the Beard (subject to Commission review) that the modifications called for will provide reasonable assurance that the facility can be safely operated;
Contact:
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The Commissioners 2-determination of the fact of completion of the required actions is left to the Director of NRR. As noted at the July 12 meeting, this procedure is parallel to that in operating license cases where the hearing commences before completion of construction.
s Ifoward K. Shapar Executive Legal Director Attachment cc: (w/ enc 1T ~
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ves Docket No. 50-346 Metropolitan Edison Company, Three Mile Island Nuclear Station, Unit No.1 ORDER AND NOTICE OF HEARING I.
The Metropolitan Edison Company (the licensee) is holder of Facility Operating License No. ORR-50 which authorizes the operation of the nuclear power reactor known as Three Mile Island NwcTear Station, Unit No.1 (the facility or TMI-lJ, at steady state power levels not in excess of 2535 megawatts thermal (rated power).
The facility is a Babcock and Wilcox (B&W) designed pressurized water reactor (PWR) located at the licensee's site ten miles southeast of Harrisburg, Pennsylvanic.
II.
On July 2,1979, the Commission ordered that the facility remain in a cold shutdown condition until further order of the Commission and stated that a hearing will be conducted prior to any restart of the facility.
The Commission herein specifies in detail the basis for its concerns,and the procedures to govern further proceedings in this matter.
For the reasons later set forth, the Cem-mission has determined that. satisfactory completion of certain actions and resolutions of various concerns described herein are required to provide reasonable assurance that the facility can be operated without endangering the health'and. safety of the public.
The Commission has determined that certain additional,long.-Leq~n acti:ns are, for the reasons given below, required tc be ccmpleted as promotly as practicable in order to ' provide reasonable assurance that the facility can be operated safely aver the long term.
This Order and notice of hearing "urther establishes prccedures for a hearing and decision on the particular issues
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identified in Section IV of thi Order.
The Commission has determined tnat
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hearing and decision (with review thereof) on the issues relating to the actions required prior to restart of the facility must be completed prinr to any Com-mission Order lifting the suspension of operation.
Accordingly, the Atomic Safety and Licensing Board designated to conduct this proceeding should give priority to consideration of those issues which are related directly to suspensi,on' of operation.
To the extent feasible, the Boat-d should defer on the issues related to the longer-term actions until after the rendering of a partial initial decision regarding the suspension-related issues.
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The Commission's July 2,1979 Order recited that "the Commission presently lacks the requisite reasonable assurance that the... Licensee's Three Mile Island Unit No.1 Facility... can be operated without endangering the health and safety of the public." The bases for that conclusion (which remair.s valid) are:
[ bases to be provided by NRR]
The Cbmission's Director of Nuclear Reactor Regulation (NRR) has recc= ended that the following actions (the "short-tera actions") be recuired of the licensee to resolve the concerns stated herein and permit a finding of reasonable assurance that the "acility can safely resume o;:eration.
["short-term actions" to be provided by PR]
The Comitsion has additional concerns, which, though they need not be res:1/ed crice to resumation of v'..ation of Three Mile Island Unit 1, must be satis-fa:::rily addressed in a timely manner.
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[long-term concerns and bases to ba provided by NRR ]
The Director of Nuclear Reactor Regulations has recommended that the following '
actions (the "long-term actions") be required of the licensee to resolve the additional concerns of the Commission.
[long-term actions. to be provided by NRR J
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III.
Accordingly, pursuant to the Atomic Energy Act of 1954, as amended, and tne Commission's rules and regulations in 10 C.F.R., it is hereby ordered that:
the licansee shall maintain TMI-l in a cold shutdown condition until satisfactory resolution of the concerns, identified above, which led the Commission to suspend 3
the licensee's authority to operate.
IV.
An Atomic Safety and Licensing Board consisting of is hereby established to rule on peti-tions to intervene, to conduct the hearing ordered herein, and to render an initial decision in accordance with 10 C.F.R. 32.760.
The Atomic Safe y and '
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Licensing Board will issue a furtner order specifying the date and olace of the Searing and any prehearing conferences.
It is the Commission's ex;ecta-ti:n that the Scard will conduct the procco ing expediticusly, and that it will ise e/ery reasonable effort to ensure that the initial decision be issued
.. i :h i n months of the publication of the Staff's Safety Evaluation Report.
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. The hearing will be conducted in accordance with the applicable provisions of subpart G of the Commission's Rules of Practice set forth in 10 C.F.R. Part 2.
The provisions of 10 C.F.R. 52.715a (consolidation of parties), s2.751a (speqial, prehearing conference and order), 52.752 (prehearing conference and order) shall apply to this proceeding.
The Licensing Board is hereby instructed to consolidate participation of parties pursuant to 12.715a to the ma,ximum extent practicable co.1sistent with the pro.
visions of that regulation.
The Board is further instructed to explore all opportunities, consistent with fairness,' to shorten the time limits proviced in
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the Rules p'ursuant to 10 C.F.R. 52.711.
In its review of the Initial Decision, the Commission will invoke this provision to shcrten time limits where feasible.
It is hereby directed, pursuant to 52.760(a), that, upon issuance of the initial decision (or partial initial decision) in this matter, the record be c'ertified to the Commission itself for final decisien.
Any party may take an appeal cirectly with the Commission by filing exceptions to the initial decision (or partial initial decision) in accordance with the provisions of 10 C.F.R. 82.762.
Commission review of the initial decision will be conducted in accordance with 10 C.F.R. 52.770.
7he subjects to be considered at the hearing shall include:
(1)
Whether the "short term actions" recommended by the Director of Nuclear Reactor Regulaticn (set forth in Cart !I o this Order) are necessary and sufficient to pr vide reas:nable assurance that the Three 'sile !s'and Unit 1 facility can be cperated without endangering the hea'.th and safety of the publ ic, and shcuid be re-cuired before resumption of oceration shculd be per-mitted.
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(2)
Uhether the "long-term" modifications recommended by the Director of Nuclear Reactor Regulation (set forth in Part II of this Order) will provide reasonable assurance that the facility can be operated for the long term without endangering the health and safety of the public, and should be required of the licensee as soon as practicable.
Satisfactory completion of the require.d actions will be determined by the Director of Nuclear Reactor Regulation and will not be an issue in the hearing.
Any affirmative detemination by the Director wil a based upon his finding that the hctions specified have been taken and are in accord with a finding by the Commission on review of the Initial Decision provided for her ein that the specified actions are acceptable, t.1e specified implementing procedures are appropriate, and that there is reasct able assurance that the facility can safely resune oceration.
As.oted above, the Atomic Safety and Licens,irig Board should accord priority to -he consideration of matters raised by the first of these two major issues
-- those relating to the need for continued suspension of operating authority.
Withi'n the limitations of 10 C.F.R. 5550.59 and 2.717(b) of the Commission's regulations, the licensee may commence modifications, such as those re,ccmmended above by the Director of Nuclear Reactor Regulation, during the per;dency o,f this crcceeding.
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3;. [2D days fecm publication) the licensee may file a written ans.cer to
-Fis Order ar.d ar.y person whose interest may be affected by this proceeding ray #ile a written petition to intervene.
Petitions for leave to intervene must be filed in accordance with the Co=1ission's " Rules of Pract. ice for Domestic G '(
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Licensing proceedings" in 10 C.F.R. Part 2.
If a petition for leave to inter-vene is filed by the above date, the Atomic Safety and Licensing Boar d estab-lished by this Order will rule on the petition and issue an appropriate furt!her' order.
An order wholly denying a petition for leave to intervene shall be appealable by the petitioner to the Commission itself within ten days after service of the order.
An order granting a petiticn for leave to intervene shall be appealable to the Commission itself by a party other than the petitioner on the question of whether the petition should have been wholly denied.
As required b_" 10 C.F.R. s2.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding.
The peti-tion should specifically explain the reasons why intervention should be per-mitted with particular reference to the following factors:
(1) the nature of the petitioner's right under the Atcmic Energy Act to be made a party te,the proceeding; (2) the nature and extent of the petiticner's preperty, fincn-cial, or other. interest in the proceeding; and (3) the possible effect of any order which may be' entered in the proceeding on the petitioner's interest.
'he stition should identify the spe:ifi; aspect (s) of the subject matter of t e prc:eedirg as to.;hich petitioner wishes to intervene.
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Not later than fif teen days prior to the first prehearing conference scheduled in the proceeding, the petitioner shall file a supplemant to the petition to intervene which must include a list of contentions which are sought to be liti-gated in the matter, and the bases for each concern set forth with reasonable specificity.
A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention will not be permitted to participate as a party.
An answer tu this Order or petition for leave to intervene should be filed with the Secretary of the Commission, U. S. Nuclear Regulatory Ccanission, Washington, D. C.
20555, Atten'. ion:' Docketing and Service Section, or may be delivered to the _Comnission's Public Documents Room,1717 H Street, N. W., Washington, D. C.,
by 1979.
A copy of the petition should be sent to the Execu-tive Legal Director, U. S. Nuclear Regulatory Commission, Washington', D. C.
- 20555, and to Mr. George F. Trowbridge, Shaw, Pittman, Potts and Trowbridge,1800 M Street, N. W., Washington, D. C.
20036, attorney for the licensee.
.Any cuestions or recuests for additional information regarding the content of this Notice shoul'd be addressed to the Chief Hearing Counsel, Office of the Executive Legal Director, U. S. Nuclear Regulatory Ccmmission, Washington, D. C.
20555.
Ncntimely filings of petitions for leave to intervene, amended petiticns or supolemental petitions will not be entertained absent a determinatior: _tbat the petitioner has made a substantial showing of gotd cause for the grant'rg of a
' a er petition.
That determination will be based on a ba',ancing of
..e #a t:Crs 3:a:ified in 10 C.F.R. 52.}la(a)(i)-(v) and s2.71a(d).
7 iJ 'e,
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- VI.
Copies of the following documents are available for ir.spection at the Com-mission's Public Document Rocm at 1717 H Street, N. W., Washington, D. C. and are being placed in the Commission's local public document room at the State Library of Pennsylvania, Government Publications Section, Education Building, Commonwealth and Walnut Streets, Harrisburg, Pennsylvania 17126.
[ List of documents to be submitted with Sta'f's Technical Submittal]
For the Commission Secretary of the Com r.ission Cated at Washington, D. C.
this day of
, 1979.
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