ML19210B525

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Stipulation Agreeing to Withdrawal of Intervenors from Proceeding Re Issuance of TMI-1 OL & Installation by Applicants of Charcoal Kidney Filter Sys for Treatment of Containment Atmosphere
ML19210B525
Person / Time
Site: Crane 
Issue date: 11/07/1973
From: Gitner G, Sager L, Trowbridge G
CITIZENS FOR SAFE ENVIRONMENT, JERSEY CENTRAL POWER & LIGHT CO., METROPOLITAN EDISON CO., PENNSYLVANIA ELECTRIC CO., US ATOMIC ENERGY COMMISSION (AEC)
To:
References
NUDOCS 7911090419
Download: ML19210B525 (4)


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. UNITED STATES OF AMCRICA ATOMIC EIIERGY COttiISSION BEFORE THE ATOMIC SAFETY AIID LICENSING BOARD

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1 In the Matter of

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H METROPOLITAN EDISON COMPANY, et al )

Docket lio. 50-289 "a

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.1 (Three Mile Island Nuclear Station,)

Unit 1)

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- '.I STIPULATION Pursuant to Sections 2.753 and 2.759 of the U.S.

l4 Jj Atomic Energy Commission's Rules of Practice, 10 CFR Part 2, 1'

and subject to the approval of the Atomic Safety and Licensing Board

(" Board"), the parties, Metropolitan Edison Company, Jersey Central Power & Light Company and Pennsylvania Electric 1

Company

(" Applicants"), Citizens for a Safe Environnent and Environmental Coalition on Nuclear Power ("Intervenors"), and the AEC Regulatory Staff

(" Staff"), in consideration of the

.i mutual agreements _ contained herein, hereby agree as follows:

1.

Intervenors oppose the issuance of an operating d

license for the facility.

However, in consideration of the agree-ments herein, Intervenors hereby agree to withdraw as parties to this proceeding, with respect to the issuance of an operating license for the Three Mile Island Nuclear Station, Unit 1

(" facility") to be made upon proper findings by the Staff's t

Director of Regulation pursuant to 10 CFR 50.57, and subject 1

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'N to the conditions and agreements 'herein.

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2.

Applicants agree to design, order and install within the f acility an 18,000 cfm charcoal kidney filter system f

(" kidney filter") for treatment of the containment at.osphere.

The Applicants agree to design the kidney filter to meet AEC

.j licensing requirements.

The kidney filter shall be installed

'J not later than the first scheduled refueling outage after commencement of operation.

It is the intention of the Appli-cants to install the kidney filter as soon as is reasonably practicable, but not at the expense of delaying conmencement of operation.

If reasonably praqticable, the kidney filter shall be installed prior to cornencement.of operation, or, if 4

further reasonably practicable, during any long outage which may occur prior to the first scheduled refueling outage.

The I

Applicants further agree to use the kidney filter prior to purge of the containment in accordance with reasonable procedures in order.to reduce radioactive iodine releases fron the contain-ment.

To that end, Applicants agree to make those operating

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procedures a part of their fornal operating procedures.

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3.

Intervenors agree not to oppose, through any hearing process or other litigation, the issuance of an operating license prior to the conmencement of operation of the facility.

However, Intervenors do not acknowledge any agreerent to support the issuance of such operating license.

Furthermore, Intervenors t

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reserve the right to seek a revocation, suspension, or nodifica-1 1566 073 J;

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tion of the operating license after commencement of opera-i.j tion.

The parties recognize that the Intervenors may, after commencement of operation, raise the issues stated in their i

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Petition For Intervention and Addendum thereto, dated August 7, 1

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.N 1972, and September 6,1972 respectively if they obtain a

't favorable decision from the litigation now pending before the l'

United States Court of Appeals for the Third Circuit (Citizens dj for a Safe Environment, et a'l v.'A.E.C., Case No. 73-1312).

The Intervenors further reserve the rights accorded to any 8

individual, group, or organization under the Atomic Energy Act, the Administrative Procedure Act and the AEC regulations to seek the revocation, suspension, or modification of the operating i;

license after issuance of same.

Applicants and Staff reserve their right to oppose the institution or prosecution of any proceeding or litigation 4

.j by Intervenors for the revocation, suspension or modification of i

the operating license.

4.

Intervenors, Applicants, and the AEC Regulatory Staff agree to file a joint motion to obtain the approval of the Board of Intervenors' withdrawal subject to the conditions agreed to herein.

In addition,. Applicants and Staff agree to i

file a joint notion to obtain an. order of the Board. terminating

.this proceeding upon filing of this stipulation.

E 5.

This stipulation shall be filed with the Board I

and shall not becomo effective until the entry of the orders i

t sought by the motions referred to in paragraph 4 above.

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6.

The obligations of the parties hereunder shall_ survive the entry of such orders.

.i 7.

The parties, including the nembers, officers, and the employees thereof,'sliall not in any way, either

.. j c?j directly or indirectly, take any action in contravention of y

l, this stipulation and agreement.

This stipulation entered into this day of

9

-E November, 1973, subscribed to by the attorneys as authorized i

j by the parties:

3 For Intervenors:

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