ML19210C275
| ML19210C275 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/31/1979 |
| From: | Smith I Atomic Safety and Licensing Board Panel |
| To: | ANTI-NUCLEAR GROUP REPRESENTING YORK, THREE MILE ISLAND ALERT |
| References | |
| NUDOCS 7911140016 | |
| Download: ML19210C275 (3) | |
Text
.
NRC PUBLIC DOCUMEER RGEg, e
UNITED STATES OF AMERICA 4
NUCLEAR REGULATORY COMMISSION
$TE ATOMIC SAFETY AND LICENSING BOARD gg'[.3 Y
$Y
/
Ivan W. Smith, Chairman f,**(% **
Dr. Walter H. Jordan b
c' s**
/0 Dr. Linda W.
Little m
In the Matter of
)
METROPOLITAN EDISON COMPANY Docket No. 50-289
)
(Restart)
(Three Mile Island Nuclear Station, Unit No. 1)
)
MEMORANDUM AND ORDER DENYING MCTIONS BY TMIA AND ANGRY (Octc'oer 31, 1979)
TMIA's Motion of October 10, 1979 In its motion of October 10, 1979, Three Mile Island Alert (TMIA) requests an order changing the schedule set forth in the board's memorandum and order of September 21.
Chesapeake Energy Alliance (CE1) moved for the same schedule changes for essentially the same reasons in its motion of September 27.
In our memorandum and order of October 15 we denied CEA's motion and explained why.
We deny TMIA's motion for the same reasons.
ANGRY's Motion of October 5, 1979 Ine Anti-Nuclear Group Representing York (ANGRY) filed a three-part motion dated October 5, 1979.
In the first part ANGRY requests the board to certify to the Commission the question of the appropriateness of financial assistance to all
?779 G/d 0@
7911140
. intervenors regardless of the issues they seek to raise.
CEA's motion of September 27 included an indirect request for intervenor funding on all issues.
In our memorandum and order of October 15 denying CEA's request we observed that the Commission has expressed a policy against general intervenor funding.
CLI-76-23 ; 4 NRC 494, 504-506.
The board also noted that, in this proceeding, the Commission exercised its discretion to make an exception to that policy by holding open the possibility of intervenor funding on the issue of psychological distress.
44 Federal Register 47824.
By expressly considering that possible exception the inference must be drawn that the Commission had considered the p_ossibil-ity of general intervenor funding and decided to limit its consideration to funding on psychological issues.
For these reasons we believe that no purpose would be served by certifying the issue.
ANGRY's motion to certify is denied.
ANGRY's second request is for additional clarification as to the precise scope of the board's decisional authority in regard to the status of the TMI-l operating license.
It would be very difficult and it is unnecessary to address that very broad issue without a particular context.
ANGRY suggests further that the board may have the authority to revoke the licensee's operating license and seeks guidance as to how it may address that issue.
In its Order and Notice
'7'9 075
. of Hearing, the Commission stateit what the issues are in this proceeding.
44 Federal Register 47824.
The board has no jurisdiction beyond that bestowed in the Commission's order.
We can find no part of the Commission's order which states that this board has jurisdiction to revoke the TMI-l operating permit.
We note that the Commission authorized the board to consider "... the need for continued suspension of operating authority."
Id.
From this it seems plain that our jurisdiction pertains to the present suspension.
Addi-tional analyses of our jurisdiction could be made, but we see no practical purpose in that.
ANGRY has not explained how its plans for litigating this case depend upon the ruling it requests.
If we have not sufficiently assisted ANGRY in this discussion, ANGRY may address the matter again by taking a position and making appropriate motions.
ANGRY also requests that it be exempted from the numerical filing requirement of 10 CFR 92.708(d) (20 copies).
This problem will be discussed at the special prehearing conference.
IOR THE ATOMIC SAFETY AND LICENSING BOARD
~
/
Ivan W.
Smith, Chairman Dated at Bethesda, Maryland this 31st day of October, 1979.
'7'9 076
._