ML19209A590

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Public Statement of Consumer Advocate.Participation in Proceeding Is Necessary to Uphold Statutory Mandate.Seeks to Protect Consumers from Bearing Costs Associated W/Extended Proceeding.Certificate of Svc Encl
ML19209A590
Person / Time
Site: Crane Constellation icon.png
Issue date: 08/15/1979
From: Cohen W
PENNSYLVANIA, COMMONWEALTH OF
To:
Shared Package
ML19209A587 List:
References
NUDOCS 7910050028
Download: ML19209A590 (3)


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PUBLIC STATE M OF THE CQ1SGER ADtDCATE IN THE M7dTER OF e00s Q.n METPCPOLIGN EDISOi CCt!PANY (@ree Mile Island Nuclear Staticn,b Unit No.1) ISSCED IN ACCOPr> lice WITH SECTIO 1904-A-(e) CF ACI 7

O CF APRIL 9,1929 (P.L.177, No.175), FliCRI AS "UIE AEMINISTPATIVE CCCE OF 1929", AS NZNDED BY ACI 161 CF 1976 (APPPCVED JULY 9,1976)

Act 161 of the Pennsylvania General Assembly (approved July 9, 1976) authorizes and confers a duty upon the Constr.ar Advccate to represent the interest of consumers before any court or agency in connection with any matter involving regulation by the Pennsylvania Public Utility Ccmissicn or correspcnding regulatory agency of the United States.

In accordance with Section 904-A-(b) of Act 1F the Ccnst:rer Idvocate has determined in his discretion dat it is necessarf to participate in hearings to be held before the Atcmic Safety and Licensing Board cn the issue of restarting "'hree Mile Islard Nuclear Station, Unit No.1.

In an Crder and Motice of Hearing dated August 9, 1979, de United States Nuclear Pagulatorf Ccmission aptcinted a three-perscn panel to constitute an Atanic Safety and Licensing Board. The Order further establishes an estimated time frame in which the Board is to hold hearings and delineates the subjects to be censidered at de hearings.

The issues are as follcws:

1.

Whether the "short term" actions rectnrrended by Se Director of Nuclear Paactor Regulatien (the Director has reccmnerded eight short term acciens ranging frcm technical alteraticns at de planu to requiring Metrcpolitan Edison to denenstrate its financial qualifications to operate '31I 1 safely) are necessary and sufficient to provide reascnable assurance that the Three Mile Island Unit 1 facility can he operated without endangering de health and safety of de public, and shculd be 1108 31 $ 0 050 0 M 79

required before resumption of operation should be permitted.

2.

Nhether the "long term actions" reccrinended by the Director (the longer term acticns deal ma. inly with emergent. procedures at the plant) are recessary and sufficient to provide reascnable assurance that the facility can be operated for the long term without endangering the health and safety of the public, and shculd he required of obtropolitan Edison as soon as practicable.

While the hearings before the At mic Safety and Licensing Board will focus largely on technical issues, the financial ability of Metropolitan Edison to run Three Mile Island 1 safely will he in issue.

It is the position of the Constrer Mvocate that the Scard should make its decision narrowly and that the ecencmic burden on ratepayers shculo not be increased by a: extended p.mceeding in this forum on the future of nuclear pcwsr. Spe :ifically, the Consumer Mvecate secks to protect constrners frcm bearing all of the costs associated with any decisicn regard 2ng Three Mile Islard 1.

The Nuclear Pagulatory Ccmnission recognizes the fundamental irgcrtance of meaningful public participation in its adjudicative process.

The Constraer Mvocate seeks to supply such meaningful participation and will urge en behalf of ccnstrars a prcept and defiritive decision by 9.e Scard and the Ca mission.

The Constrer Mvocate has petitioned for leave to pare.icipate urder a procedural regulaticn of 8.e United States Nuclear Pegulatorf Cccmission (10 C.F.R. 5~.71 (c)) that allows a State or an agency thereof to intervene in hearings withcut taking a position pricr to exanining all of the relevant evidence. The staff of the Ccnstrer Mxcate's Office will be formulating pcsitions en behalf of c:nst:ers whetever appropriate so that the constrers' voice is hearc in all matters affecting I108 316 them.

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UNITED SETES CF NERICA h,

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NCCLEAR PJDGUIAIORY CCf NISSICN A'ICVIC SAFEcl AND LICHEEX3 BCAPD Ivan W. Smith, Esquire, Chairran Dr. Walter H. Jordan, Meder Dr. Linda"d. Little, Merter

'n the Matter of MErICPOLIEN EDISCN CCMPA!TI Docket !b. 50-289

('Ihree Mile Island Nuclear Station,:

Unit !b.1)

CERIL*ICATE CF CERVICE I, WALTER W. CCFZi, hereby certify that I have this 15th day of August,1979 served copies of the foregoing Petition For Leave To Participate on each of the folicwing persens by causing same to be deposited in envelopes addressed to said perscns, first class, postsge prepaid, and depcsited with the United States Postal Service at 813 Market Street, Harrisburg, Pennsf.vania 17105.

l Secretary cf the Ccruission United States Nuclear Pegulatory Cconission Washington, D.C.

20555 Attention: Chief, Docketing and Service Secticn Executive Iagal Director United States Nuclear Pegulatory Ccruissicn Washington, D.C.

20555 George F. Trowbridge, Esq.

Shaw, Pitt:ran, Potts and Trcwtridge 1800 M Street, N.W.

Washington, D.C.

20036 WALTER W. CCFZJ C:nst:=er Advocate

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.5 l Office of Constner Mvocate Strasterry Square,14th Flecr (717) 783-5048

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