ML19256G346
| ML19256G346 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 12/20/1979 |
| From: | Mulkey M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7912310120 | |
| Download: ML19256G346 (5) | |
Text
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UNITED STATES OF AMERICA 12/20/79 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDISON COMPANY, ET AL. )
Docket No. 50-289
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(Three Mile Island, Unit 1)
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NRC STAFF RESPONSE TO AMENDED PETITION OF STEVEN SH0LLY On November 30, 1979, an Amendment to Petition to Intervene was served on behalf of Steven Sholly, petitioner in this proceeding.
In his amendment, Mr. Sholly identifies two contentions which he links to the publication of major investigative reports into the Three Mile Island Unit 2 accident.
The NRC Staff position on each contention is set forth below.
Sholly Contention 16 In this contention, Mr. Sholly asserts that the issue of internal security (i.e. security against insider sabotage) at TMI Unit 1 should be considered in this proceeding. As we understand Mr. Sholly's position, the decontamina-tion activities at TMI-2 and the resulting number of persons with access to the island is asserted to represent a " worsening" of the internal security situation. While we recognize that this assertion provides a nexus to the bases for suspension, namely the matters associated with the presense and effects of the damaged Unit 2, there is no specific allegation of a link to security as it relates to safe operation of Unit 1.
The NP.C Staff has 1661 243 7 sem.
I2C
_2-underway a review of Licensee's submittals relating to the security plan for Three Mile Island in light of circumstances present at the facility.
The review considers, among other things, the adequacy of separation of the two Units.~1/
We believe that certain aspects of this issue are appropriate for litigation in this proceedi.19 but that Sholly Contention 16 lacks adequate specific allegations. We support the present admission of the contention so that the discovery process may be used to determine whether litigable specifics can be articulated by Mr. Sholly.
In any event, the contention should be clearly limited to security as it could affect safe operation of Unit 1.
Sholly Contention 17 Mr. Sholly's Contention 17 identifies certain possible variations on the actual sequence of events in the March 28 accident at Unit 2 and asserts that the consequences of these possible accidents should be considered in a supplemental FES. Our position on the legal requirement of an FES has been set forth in our previous Briefs, and it applies to this contention as well. However, we would not object to a contention calling for an accident analysis addressing the possible accidents described in Sholly Contention 17A-D and F from the standpoint of public health and safety. This position is consistent with our answer to ECNP Contention 4 and consistent with our understanding of the Board's ruling on that contention in its December 18 First Special Prehearing Conference Order at 40 and 41.
With respect to 1/ It also considers the adequacy of Licensee's response to I.E. Bulleti.1 79-16, which was prompted by the incident at Surry.
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. t 17E, relating to simultaneous operation of the two reactors, we believe that this contention need not be resolved in this proceeding.
If, in the future, operation of Unit 2 becomes feasible, any questions regarding opera-I tion of both reactors could be resolved in connection with any restart of Unit 2.
For the foregoing reasons, we support the present admission of Sholly Con-tention 16 subject to the provision of adequate specificity during the course of discovery. We oppose the admission of Contention 17 in its present form but support admission of a contention calling for an analysis of the accident scenarios identified in 17A-D and F.
Respectfully submittei, 1.sH M YNb Marcia E. Mulkey Counsel for NRC Staff Dated at Bethesda, Maryland this 20th day of December, 1979.
1661 245 I
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDIS0N COMPANY,
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(Three Mile Island, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO AMENDED PETITION OF STEVEN SHOLLY," in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 20th day of December,1979:
- Ivan W. Smith, Esq.
Ell n Weiss, Esq.
Atomic Safety & Licensing Board Panel y25
$tr N.
U.S. Nuclear Regulatory Commission Suite 506 Washington, D. C.
20555 Washington, D.C.
20006 Dr. Walter H. Jordan Mr. Steven C. Sholly 881 W. Outer Drive 304 South Market Street Oak Ridge, Tennessee 37830 Mechanicsburg, Pennsylvania 17055 Dr. Linda W. Little 5000 Hermitage Drive Mr. Thomas Gerusky Raleigh, North Carolina 27612 Bureau of Radiation Protection Department of Environmental Resources George F. Trowbridge, Esq.
P.O. Box 2063 Shaw, Pittman, Potts & Trowbridge Harrisburg, Pennsylvania 17120 1800 M Street, N.W.
Washington, D. C.
20006 Mr. Marvin I. Lewis 6504 Bradford Terrace Karin W. Carter, Esq.
Philadelphia, Pennsylvania 19149 505 Executive House P. O. Box 2357 Metropolitan Edison Company Harrisburg, Pennsylvania 17120 Attn:
J. G. Herbein, Vice. President P.O. Box 542 Honorable Mark Cohen 512 E-3 Fain Capital Building Ms. Jane Lee Harrisburg, Pennsylvania 17120 R.D. 3; Box 3521 Etters, Pennsylvania 17319 1661 246
. Walter W. Cohen, Consumer Advocate Holly S. Keck Department of Justice Anti-Nuclear Group Representing Strawberry Square,14th Floor York Harrisburg, Pennsylvania 17127 245 W. Philadelphia Street York, Pennsylvania 17404 Robert L. Knupp, Esq.
Assistant Solicitor John Levin, Esq.
Knupp and Andrews Pennsylvania Public Utilities Comm.
P.O. Box P Box 3265 407 N. Front Street Harrisburg, Pennsylvania 17120 Harrisburg, Pennsylvania 17108 Jordan D. Cunningham, Esq.
John E. Minnich, Chairman Fox, Farr and Cunningham Dauphin Co. Board of Comissioners 2320 North 2nd Street Dauphin County Courthouse Harrisburg, Pennsylvania 17110 Front and Market Sts.
Harrisburg, Pennsylvania.17101 Theodore A. Adler, esq.
- Atomic Safety and Licensing Appeal Board Widoff Reager Selkowitz & Adler Post Office Box 1547 U.S. Nuclear Regulatory Commission Harrisburg, Pennsylvania 17105 Washington, D. C.
20555 I^$ M jcrie M. Aamodt
- Atomic Safety and Licensing Board Panel Rb U.S. Nuclear Regulatory Commission Coatesville, Pennsylvania 19320 Washington, D. C.
20555 Docketing and Service Section U.S. Nuclear Regulatory Commission Ms. Karen Sheldon Washington, D. C.
20555 Sheldon, Harmon, Roisman & Weiss 1725 I Street, N. W.
Robert Q. Pollard Suite 506 Chesapeak Energy Alliance Washington, D. C.
20006
'609 Montpelier Street Baltimore, Maryland 21218 Chauncey Kepford Judith H. Johnsrud Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 Ms. Frieda Berryhill, Chairman Coalition for Nuclear Power Plant Postponement 2610 Grendon Drive Wilmington, Delaware 19808 OLtca.
Ld Marcia E. Mulkey Counsel for NRC Staff 1661 247