ML19259D371

Petition to Intervene as Party in Proceeding.Resumption of TMI-1 Will Threaten Physical & Economic well-being of Ucs Members Even After Implementation of Required long-term Actions.Notice of Appearance & Certificate of Svc Encl

ML19259D371
Person / Time
Site:	Three Mile Island
Issue date:	09/13/1979
From:	Weiss E SHELDON, HARMON & WEISS, UNION OF CONCERNED SCIENTISTS
To:
References
NUDOCS 7910180221
Download: ML19259D371 (7)

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PRCFIVFDSEP I 3 1979 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i E

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 8 o N

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In the Matter of ) -

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METROPOLITAN EDISON COMPANY, ) b et al.,

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

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UNION OF CONCERNED SCIENTISTS' PETITION TO INTERVENE By. Order and Notice of Hearing dated August 9, 1979, the Nuclear Regulatory Commission ordered the Metropolit:In Edison Company (" Met Ed") to maintain Three Mile Island Unit 1 ( " TMI-1" ) in a cold shutdown condition pending completion of hearings before a specially constituted .

Atomic Safety and Licensing Board. These hearings are to resolve a series of issues identified by the Commission as determinative of whether resumption of operation at TMI-l would be consistent with the public health and safety.

In addition, the order establishes that the procedures in subpart A of 10 CFR Part 2 will govern the TMI-l p;oceed-ings. Pursuant to 10 CFR 2.714, the Union of Concerned Scientist.c ("UCS") hereby petitions to intervene as a party.

(1) The Nature of UCS's Right Under the Atomic Energy Act to be Made a Party to the Proceeding.

UCS's right to intervene flows from Section 189a of the Atomic Energy Act, 42 U.S.C. 2239 (a) which requires i16/ 201 1 7910180

the Commission to admit as a party "any person whose interest may be affected by the proceeding." In this proceeding, UCS seeks to intervene on behalf of the following named persons, all of whom are sponsors of and contributors to the Union of Concerned Scientists, all of whom have specifically authorized UCS to represent their interest in the TMI-l proceedings and all of whom have a cognizable interest which may be affected by the outcome of the proceedings:

fir. William Kwalwasser 7572 Morningstar Avenue Harrisburg, PA.

Ms. Carol S. Carl 4903 Harman Drive Harrisburg, PA.

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Mr. Fred W. Mergenthaler 3003 North Progress Avenue Harrisburg, PA. .

Mr. Morris E. Ech 7705 Valleyview Drive Harrisburg, PA. 17112 Ms. Helen Armacost 705 North Second Street Harrisburg, PA. 17102 Mr. Roger E. Miller 8 Summit Road York, PA. 17403 (2) The Nature and Extent of the Petitioner's Prope- .y, Financial, or Other Interest in tae Proceeding All of the above-named UCS sponsors live within 20 miles of TMI-1. Their interest is that their physical and economic well-being would be adversely affected by operation of an unsafe plant in such close promixity. Such a direct, concrete interest iI6/ 202

clearly establishes standing. Consumers Power Co. (Palisades Nuclear Plant) LBP-79-20 July 24, 1979.

(3) The Possible Effect of an Order Which May be Entered in the Proceeding on the Petitioner's Interest The effect of an order allowing the resumption of operations at TMI-1, even assuming implementation of the so-called "short term actions" identified on pages 5-8 of the Order and Notice of Hearing and committment to the "long-term actions" contained on pages 7-8, would be to unreasonably threaten the physical and economic well being of the named UCS sponsors.

( 4 ) The Specific Aspects of the Subject Matter of the Proceedings as to Which Petitioner Wishes to Intervene .

UCS will take the position that the "short-term actions" identified by the staff are not sufficient to permit operation of TMI-1 without endangering the health and safety of the public. In addition, UCS will contend that the "long-term actions" are not sufficient to provide reasonable assurance that the facility can be operated for the long term without endangering the health and safety of the public.

The Union of Concerned Scientists By their Attorney:

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Q- s / ( _R Ellyh_R. Weiss Sheldon, Harmon, Roisman & Weiss 1725 I Street, N.W.

Suite 506 Washington, D.C. 20006 (202) 833-9070 116/ 203

_4 The foregoing facts are true and accurate to the best of my knowledge and belief.

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Ellyn R. Weiss Subscribed and sworn to before me on M lY,/$19

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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, )

et al., ) Docket No. 50-289 (Three Mile Island Nuclecr )

Station, Unit No. 1 )

)

NOTICE OF APPEARANCE Notice is hereby given that the undersigned will appear in this matter for the Union of Concerned Scientists.

s Name: Ellyn R. Weiss Address: Sheldon, Harmon, Roisman & Weiss r 1725 I Street, N.W.

Suite 506 Washington, D.C. 20006 Telephone: (202) 833-9070 Admissions: Supreme Court of Massachusetts District of Columbia Court of Appeals U.S. Court of Appeals, First Circuit U.S. District Court, Massachusetts Party: Union of Concerned Scientists

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T Ellyn Ra Weiss DATED: Septen. ar 14, 1979 116/ 205

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

)

METROPOLITAN EDISON COMPANY, )

et al., ) Docket No. 50-289 (Thrds Mile Island Nuclear )

Station, Unit No. 1 )

)

NOTICE OF APPEARANCE Notice is hereby given that the undersigned will appear in this matter for the Union of Concerned Scientists.

Name: Ellyn R. Weiss Addr ss: Sheldon, Harmon, Roisman & Weiss -

1725 I Street, N.U.

Suite 506 Washington, D.C. 20006 Telephone: (202) 833-9070

- Admissions: Supreme Court of Massachusetts District of Columbia Court of Appeals U.S. Court of Appeals, First Circuit U.S. District Court, Massachusetts Party: Union of Concerned Scientists

/

T Ellyn Rd Weiss DATED: September 14, 1979 1167 206

UNITED STATES OF A!! ERICA NUCLEAR REC'iT.ATORY COMMISSION y DEFORE THE ATOMIC SAIETY AND LICENSING BOARD In the iIatter of )

)

METROPOLITAN EDISON COMPANY, )

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

Station, Unit No. 1 )

)

CERTIFICATE OF SERVICE I hereby certify that I have this day served copies of the attached Union of Concerned Scientists Petition to Intervene by first class U.S. mail, postage prepaid, to the following:.

C Secretary of the* Commission U.S. Nuclear Regulatory Commission

• Washington, D.C. 20555 ATTN: Chief, Docketing & Service Section Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 George F. Trowbridge, Esquire Shaw, Pittman, Potts and Trowbridge 1800 M Street, N.W.

Washington, D.C. 20036 Jordan D. Cunningham, Esquire Fox, Farr & Cunningham 232 0 North Second Street Harrisburg, PA, 17110 i Karin W. Carter, Esquire Assistant Attorney General 505 Executive House P.O. Box 2357 Harrisburg, PA. 17120 116/ 20/

Cert. of Service Docket No. 50-289 Ms. IIolly S. Keck

- Anti-Nuclear Group Representing York 245 L' Philadelphia Street York DA. 17404 Walter W. Cohen, Consumer Advocate Department of Justice Strawberry Square, 14th Floor Harrisburg, PA. 17127

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Ellyn R Weiss I16/ 208 -

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