ML19209C525

Answer to Chesapeake Energy Alliance 790903 Petition to Intervene.Petitioner Has Shown Interest & Has Identified One Aspect of Proceeding,Re Applicant Mgt Capability,As to Which Intervention Is Sought.Certificate of Svc Encl

ML19209C525
Person / Time
Site:	Three Mile Island
Issue date:	09/12/1979
From:	Trowbridge G METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 7910160074
Download: ML19209C525 (4)

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September 12, 1979 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289 (Three Mile Island Nuclear Station, ch 'N Unit No. 1) )

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LICENSEE'S ANSWER TO PETITION FO <<< y LEAVE TO INTERVENE BY g\

CHESAPEAKE ENERGY ALLIANCE, INC.

Metropolitan Edison Company (Licensee) hereby submits its answer to a Petition for Leave to Intervene filed by Chesa-peake Energy Alliance, Inc. (Petitioner) , dated September 3, 1979, and received by Licensee's counsel on September 5, 1979.

In accordance with the Board's Memorandum and Order dated August 31, 1979, Licensee's answer is confined to the adequacy of the ,

petition from the standpoint of Petitioner's showing of interest and identification of the, aspect or aspec*s of the proceeding as to which intervention is sought.

Petitioner's interest in the proceeding is marginal but in Licensee's view adequate to support intervention. Peti-tiener alleges a danger to the life and health of its members in the event of a major accident at TMI. According to the petition Petitioner's members are concentrated in Baltimore, a distance of approximately 55 miles from Three Mile Island. This distance 1147 17I 7910100 0 7'[

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falls between the distances at which the Appeal Board has recog-nized or denied claims of a safety interest based on proximity to a nuclear power plant. Northern States Power Co. (Prairie Island Nuclear Generating Plant, Units 1 and 2) , ALAB-107, 6 AEC 188, 190 (1973) (petitioners residing 30 to 40 miles from reactor site not necessarily geographically outside the " zone of inter-ests" protected by the Atomic Energy Act); Dairvland Power Coop-erative (Lacross Boiling Water Reactor) , ALAB-497, 8 NRC 312, 313 (1978) (petitioners residing 75 miles from reactor site lack in-terest sufficient to entitle them to intervene) . However, the petition asserts that some of Petitioner's members, although not named, live substantially closer to Three Mile Island. Further, Petitioner asserts a special interest in protection of life forms sustained by Chesapeake Bay and observes that the Susquehanna River, in which Three Mile Island is located, is the major trib-utary of the Bay.

Petitioner has not responded directly to the require-ment contained both in the Commission's Order and Notice of Hearing dated August 9,1979, and Section 2.714 (a) (2) of the Commission's Rules of Practice that the petition set forth the specific aspect

• The petition does not in fact name any individral member on the basis of whose interest intervention is sought. Counsel for Licensee has, however, been advised by Mr. Robert Q. Pollard, who signed the petition for Chesapeake Energy Alliance, that he is a member of that organization. Thus the petition discloses that there is at least one named member of Petitioner residing in Baltimore with a claimed interest in the proceeding'who has-implicitly authorized Petitioner to represent his interest in the proceeding. ~~

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or aspects of the proceeding as to which Petitioner wishes to intervene. The petition does, however, assert a position on one of the issues specified in the Order and Notice of Hearing, namely the management capability of Licensee. Applicant is satisfied to wait for the further definition of the aspects of the proceeding in which Petitioner wishes to participate which will result from the filing of Petitioner's contentions.

Respectfully submitted, SHAW, PI , POTTS & TROWBRIDGE By_ b)

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. ')/Ge %ge T. Trowbridge /

Dated: September 12c.1979

==mo 1147 173 September 12, 1979 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

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(Three Mile Island Nuclear Station,)

Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Answer to Petition for Leave to Intervene by Chesapeake Energy Alliance, Inc.," dated September 12, 1979, were served upon the following persons by deposit in the United States mail, postage prepaid, this 12th day of Septem-ber, 1979.

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Ivan W. Smith, Esquire Robert Q. Pollard Chairman Chesapeake Energy Alliance Atomic Safety and Licensing 609 Montpelier Street Board Panel Baltimore, Maryland 21218 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 James A. Tourtellotte, Esquire (4)

Office of Executive Legal Director Dr. . Walter H. Jordan U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Board Panel 881 West Outer Drive Docketing and Service Section (21)

Oak Ridge, Tennessee 37830 Office of the Secretary

, U.S. Nuclear Regulatory Commission Dr. Linda W. Little Washington, D.C. 20555 Atomic Safety and Licensing Board Panel 5000 Hermitage Drive Raleigh, North Carolina 27612 Jh!u -

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b Dated: September 12, 1979 1147 174'