ML19254E007

Statement by PA Public Util Commission Per ASLB 790928 Order Setting Special Prehearing Conference.Wishes to Develop Evidential Record Re Util Operational,Managerial & Financial Capabalities.Certificate of Svc Encl

ML19254E007
Person / Time
Site:	Three Mile Island
Issue date:	10/22/1979
From:	Kashi G, Levin J, Mcclaren S PENNSYLVANIA, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7910300447
Download: ML19254E007 (9)

Text

T []Y UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Ivan W. Smith, Chairman Dr. Walter H. Jordan Dr. Linda W. Little hk t'

In the Matter of: )

)

Metropolitan Edison Company )

) Docket No. 50-289 (Three Mile Island Nuclear )

Station, Unit No. 1) )

STATEMENT OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION The PENNSYLVANIA PUBLIC UTILITY COMMISSION ("Public Utility Commission") hereby states, pursuant to the order of the Atomic Safety and Licensing Board (" Board") dated September 21, 1979 setting the special prehearing conference, the subject matters on which it desires to participate, and g alerts the Board and the parties to matters which should be

developed on the record, as follows

The Order and Notice of Hearing of the Nuclear Regulatory Commission ("NRC") dated August 9, 1979 and the unique circumstances of this proceeding require that the Board go beyond the technical and engineering requirements 1236 152 7910300 4-4-7

of safe operation of TMI-1 to develop a record on and fully consider the operational, managerial and financial ability of the licensee to meet the requirements to be set by the NRC. The existing obligations of Metropolitan Edison Company as licensee of TMI-1, and of TMI-2, are definite, relevant i limitations of the resources of the licensee. In addition,

/- Metropolitan Edison Company is a public utility subject to the jurisdiction of the Public Utility Commission and is required to provide safe, adequate, and reliable electric public utility service at just and reasonable rates. The licensee's concurrent Pennsylvania statutory obligation to provide safe, adequate and reliable public utility service at just and reasonable rates is a definite, relevant limitation on the resources of the licensee available to fulfill the requirements to be set by the NRC.

The Public Utility Commission desires to participate in these proceedings to develop an adequate record on and urge full consideration of the operational, managerial, and financial limitations of the licensee in meeting the requirements to be set by the NRC, and in particular the e, obligatiorn imposed by State law on the licensee as a

,- public utility. The Public Utility Commission's parti-cipation will be directed toward the following subject matters:

A. With respect to actions required to maintain TMI-l in a safe and stable shutdown condition:

(1) the costs associated with those actiens, (2) the timing of such costs, 1236 153

(3) the effect of those actions on the licensce's operation and maintenance of its generation, transmission and distribution facilities, (4) the sources of funds required to finance i those actions, and

. (5) the amounts and timing of rate relief requests necessary in order to finance those actions.

B. With respect to actions required to permanently shutdown TMI-1:

(1) the costs associated with those actions, (2) the timing of such costs, (3) the effect of those actions on the licensee's operation and maintenance of its generation, transmission and distribution facilities, (4) the sources of funds required to finance those actions, and (5) the amounts and timing of rate relief

, requests necessary in order to finance those actions.

C. With respect to actions required to convtrt TMI-l to a non-nuclear generating facility:

(1) the costs associated with those actions, (2) the timing of such costs, i236 154 3-

(3) the effect of those actions on the licensee's operation and maintenance of its generation, transmission and distribution facilities, (4) the sources of funds required to finance those actions, and (5) the amounts and timing of rate relief requests necessary in order to finance those actions.

D. With respect to actions required to start up TMI-1:

(1) the costs associated with those actions, (2) the timing of such costs, (3) the effect of those actions on the licensee's operation and maintenance of its generation, transmission and distribution facilities, (4) the sources of funds required to finance those actions, and (5) the amounts and timing or rate relief requests necessary in order to finance those actions.

E. With respect to actions required to operate TMI-l after start up:

(1) the costs associated with those actions, (2) the timing of such costs, 1236 155

(3) the effect of those actions on the licensee's operation and maintenance of its generation, transmission and distribution facilities, (4) the sources of funds required to finance those actions, and (5) the amounts and timing of rate relief requests necessary in order to finance those actions.

Because of its status as a quasi-judicial adminis-trative body, the Public Utility Commission may be required to hear and decide contested issues with respect to the public utility service, facilities and rates of Metropolitan Edison Company. In the interests of affording all potential litigants before it adequate opportunity to present arguments and defenses, and to preserve the due process of law, the Public Utility Commission cannot decide issues not presently before it. For that reason, the Public Utility Commission reserves the right to decline to argue or take a position on specific issues raised in this proceeding to the extent that such actions may be 1236 156 inconsistent with its responsibilities to hear and decide matters within its jurisdiction.

Respectfully submitted, Pennsylvania Public Utility Commission b its attorneys:

I .

(,

C'V J eJohn A. Levin r W

( Assistant Counsel Steven A. McClaren Deputy Chief Counsel George M. Kashi Chief Counsel DATE: C, V gL P.O. Box 3265 Harrisburg, PA 17120 (717) 783-2804 1236 157 UNITED OTATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

. METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that I have caused to be forwarded the attached " Statement of the Pennsylvania Public Utility Commission" upon those persons as shown by the following Service List by deposit in the United States mail, postage prepaid, this 22nd day of October, 1979.

AO

'J hn A. Levin A sistant Counsel ennsylvania Public Utility Commission e

1236 158

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

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

)

. (Three Mile Island Nuclear )

Station, Unit No. 1) )

SERVICE LIST Ivan W. Smith, Esquire Marcia Mulkey, Esquire Chairman Office of Executive Legal Director Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Ms. Marjorie M. Aamodt Washington, D.C. 20555 R. D. #5 Coatesville, Pennsylvania 19320 Dr. Walter H. Jordan Atomic Safety and Licensing Ms. Holly S. Keck, Leg. Chairman Board Panel Anti-Nuclear Group Representing 881 West Outer Drive York (ANGRY)

Oak Ridge, Tennessee 37830 245 W. Philadelphia Street York, Pennsylvania 17404 Dr. Linda W. Little Atomic Safety and Licensing Ms. Frieda Berryhill, Chairman Board Panel Coalition for Nuclear Power 5000 Hermitage Drive Plant Postponement Raleigh, North Carolina 27612 2610 Grendon Drive Wilmington, Delaware 19808 James A. Tourtellotte, Esquire Office of the Executive Legal Mr. Robert Q. Pollard Director Chesapeake Energy Alliance U.S. Nuclear Regulatory Commission 609 Montepelier Street Washington, D.C. 20555 Baltimore, Maryland 21218 Docketing and Service Section Karin W. Carter, Esquire Office of the Secretary Assistant Attorney General U.S. Nuclear Regulatory Commission 505 Executive House Washington, D.C. 20555 P.O. Box 2357 Harrisburg, Pennsylvania 17120 George F. Trowbridge, Esquire Shaw, Pittman, Potts & Trowbridge Walter W. Cohen, Esquire 1800 M Street, N.W. Consumer Advocate Washington, D.C. 20006 Department of Justice For: Licensee Strawberry Square, 14th Floor Harrisburg, Pennsylvania 17127 1236 159

Dr. Chauncey Kepford Karin P. Sheldon, Esquire Environmental Coalition on Nuclear Sheldon, Harmon, Roisman & Weiss Power 1725 I Street, N.W., Suite 506 433 Orlando Avenue Washington, D.C. 20006 State College, Pennsylvania 16801 For: PANE Robert L. Knupp, Esquire Mr. Steven C. Shelly Assistant Solicitor 304 South Market Street

.- County of Dauphin Mechanicsburg, Pennsylvania 17055

, P.O. Box P, 407 N. Front Street Harrisburg, Pennsylvania 17108 Theodore A. Adler Widoff, Reager, Selkowitz & Adler Mr. Marvin I. Lewis 3552 Old Cettysburg Road 6504 Bradford Terrace Camp Hill, PA 17011 Philadelphia, PA 19149 For: Three Mile Island Alert, Inc.

Jordan D. Cunningham, Esquire Ellyn P. Weiss, Esquire Fox, Farr & Cunningham Sheldon, Harmon, Roiseman & Weiss 2320 North Second Street 1725 I Street, N.W., Suite 506 Harrisburg, Pennsylvania 17110 Washington, D.C. 20006 For: Newberry Twp. TMI Steering For: Union of Concerned Scientists Committee 4

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