ML19305C653
| ML19305C653 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 03/14/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| NUDOCS 8003310227 | |
| Download: ML19305C653 (2) | |
Text
i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
John F. Ahearne, Chairman Victor Gilinsky Richard T. Kennedy
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Joseph M. Hendrie v3'Y80 Peter A. Bradford
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8 8n ce In the Matter of
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METROPOLITAN EDISON COMPANY Docket No. 50-28
- y Three Mile Island Nuclear Station, Unit No.1 ORDER During the special prehearing conference in this proceeding there was some discussion of the intended distinction between the "long term" actions listed on pages 7-8 of the Commission's August 9, 1979 Order and Notice of l
Hearing and the "short term" actions listed on pages 5-7.
This discussion may have formed the basis, in part, for the Atomic Safety and Licensing Board's ruling on Union of Concerned Scientists contention 15 and Sholly contention 6.
Licensing Board's First Special Prehearing Conference Order, December 18,1979, at 23-24, 34. We wish to make it clear that it was intended by the Commission that any party to the proceeding may raise an issue whether one or more safety concerns, not specifically listed as "short term" in the Commission's August 9,1979 Order and Notice of Hearing, shpuld be satisfactorily resolved prior to startup. Such issues may serve as valid contentions, to be either summarily disposed of or litigated on 8003310 1 2-7
2 the merits and decided as part of the Licensing Board's decision regarding resumption of operation, so long as they satisfy the requirements (e.g.,
specificity and basis) applicable to contentions generally, and there is a reasonable nexus between the issue and the TMI-2 accident.
Chairman Ahearne and Commissioner Hendrie dissent from this Order.*
It is so ORDERED.
For the Commispion Akas t >
SAMUEL J.
CHILK Secretary of the Commission Dated at Washington, D. C.
this /M'd day of March, 1980 Section 201 of the Energy Reorganization Act, 42 U.S.C. 55841 provides that action of the Commission shall be determined by a " majority vote of the members present." Had Commissioner Hendrie been present at the meeting he would have voted with the minority. Had Commissioner Bradford been present he would have voted with the majority.
Accordingly, the formal vote of the Commission was 2-1 in favor of the decision.
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MARCH 1 2 1380 I~-
Heeting Notice for
. 7 Docket Files NRC PDR Local PDR ORB 1 Reading NRR Reading H. Denton E. Case D. Eisenhut R. Tedesco B. Grimes R. Vollmer J. Miller L. Shao W. Gamill G. Zech A. Schwencer D. Ziemann P. Check G. Lainas D. Crutchfield B. Grimes T. J. Carter T. Ippolito R. Reid V. Noonan
.G. Knighton D. Brinkman P. T. Kuo Project Manager OELD OSD (3-)
S. Showe, I&E C. Parrish/P. Kreutzer R. Fraley, ACRS (16)
TERA J. R. Buchanan Principal Staff Participants Receptionist, Bethesda Program Support Branch e