ML19290B963
| ML19290B963 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 11/29/1979 |
| From: | Charnoff G, Eilperin S, Slap A METROPOLITAN EDISON CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC), SHAW, PITTMAN, POTTS & TROWBRIDGE, SUSQUEHANNA ALLIANCE, LEWISBURG, PA |
| To: | |
| Shared Package | |
| ML19290B962 | List: |
| References | |
| NUDOCS 8001030043 | |
| Download: ML19290B963 (3) | |
Text
..
AGREEMENT 1.
The parties to this Agreement are:
Susquahanna Valley Alliance ("SVA"); the United States Nuclear Regulatory Com-mission ("the NRC") ; Metropolitan Edison Company, Jersey Cen-tral Power & Light Company, Pennsylvania Electric Company and General Public Utilities Corporation ("the Utilities").
2.
On October 16, 1979, the NRC issued a Memorandum and Order -
In the Matter of Metropolitan Edison Company, et al.
(Three Mile Island Nuclear Station, Unit 2), Docket No. 50-320.
On October 28, 1979, the NRC's Director of Nuclear Reactor Regu-lation issued, in NRC docket no. 50-320, Order for Modification of License.
See 44 Fed. Reg. 61276-8, clarified at 62633.
3.
On November 5, 1979, SVA filed with the Atomic Safety and Licensing.Boarddesignatedbhr the NRC a " Petition to Intervene and Request for a Hearing" pursuant to the orders described above in Paragraph 2.
4.
In any proceeding initiated by SVA in a court of the United States to review the NRC's Memorandum and Order of October 16, 1979 in NRC docket no. 50-320, the NRC and the Utilities will not argue:
(a) that the Memorandum and Order is not final for the purposes of judicial review; or (b) that the Memorandum and Order is not reviewable because SVA did not exhaust available administrative remedies by pursuing the 1727 291 80010306
,~
. hearing requested before the Atomic Safety and Licensing Board.
The NRC and the Utilities expressly reserve their rights to present any argument to challenge the jurisdiction of any United States District Court to rule upon the legality of the NRC's Memorandum and Order of October 16, 1979 in NRC docket no.
50-320 or to enjoin any activity under that Order.
5.
Based upon the representation made in Paragraph 4 above, SVA agrees to withdraw the Petition and Request described above in Paragraph 3, and to support a joint motion to th'e Ato'nic Safety and Licensing Board to terminate that proceeding.
6.
This Agreement is contingent upon the granting by the Atomic Safety and Licensing Board in NRC docketno. S0-32C of a joint motion to terminate that proceeding.
5EEN AND AGREED:
SUSQUEHANNA VALLEY ALLIANCE l
f
.1-i c
/- \\ b-/
Dated:
/- - 2 T, # Y 7'l By Albert J.
Slap Public Interest Law. Center of Philadel 1315-Walnut Street, Suite 1600 Philadelphia, Pennsylvania 19107 METROPOLITAN EDISON COMPANY JERSEY CENTRAL POWER & LIGHT COMPANY PENNSYLVANIA 2LECTRIC COMPANY GENERAL PUBLIC UTILITIES CORPORATION l
..3 j -
Dated C-]
. T *,
By Gerald Charnoff Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Washington, D.C.
20036 1727 292
. UNITED STATES NUCLEAR REGULATORY COMMISSION Dated:
Od E b /i 7f By %
ka e
Stephen F. Eilperin Solicitor U.S. Nuclear Regulatory Coinmission Washington, D.C. 20555 1727 293 0
.