ML19308B352
| ML19308B352 | |
| 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), PUBLIC INTEREST LAW CTR OF PHILADELPHIA, SHAW, PITTMAN, POTTS & TROWBRIDGE, SUSQUEHANNA ALLIANCE, LEWISBURG, PA |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19308B348 | List: |
| References | |
| NUDOCS 7912280459 | |
| Download: ML19308B352 (3) | |
Text
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AGREEMENT 1.
The parties to this Agreement are:
Susquehanna 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 NPC docket no. 50-320, Ordet 'or 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 Board designated by the NRC a " Petition to Intervene and Request for a Hearing" pursuant to the orders described above in Paragraph 2.
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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 1
Utilities will not argue:
(a) that the Memorandum and Order is not final for the purposes of judicial review; or (b) that i
the Memorandum and Order is not reviewable because SVA did not exhaust available administrative remedies by pursuing the 3912280y.fy
hearing requested before the Atcmic 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 the Atomic 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 docket no. 50-320 of a joint motion to terminate that proceeding.
SEEN AND AGREED:
SUSQUEHANNA VALLEY ALLIANCE Dated:
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Albert J.
Slap j
Public Interest Law. Center of Philadelphi6 1315 Walnut Street, Suite 1600 Philadelphia, Pennsylvania 19107 METROPOLITAN EDISON COMPANY JERSEY CENTRAL POWER & LIGHT COMPANY PENNSYLVANIA ELECTRIC COMPANY GENERAL PUBLIC UTILITIES CORPORATION
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s Gerald Charnoff Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Washington, D.C.
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- UNITED STATES NUCLEAR REGULATORY COMMISSION
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Dated:
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Stephen *F.
Eilperin Solicitor U.S. Nuclear Regulatory Commission Washington, D.C. 20555
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,
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(EIPCOR-II)
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(Three Mile Island Nuclear
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Station, Unit 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Joint Motion to Terminate Proceeding" and " Agreement" were served by hand delivery upon those identified below with an asterisk and upon all others listed below by deposit in the United States mail, first class, postage prepaid, this 30th day of November, 1979.
- Marshall E. Miller, Esqture Larry B. Selkowitz, Esquire Chairman Widoff, Reager, Selkowitz & Adler, P.C.
Atmic Safety and Licensing Board P. O. Box 1547 U.S. Nuclear Regulatory Camission Harrisburg, Pennsylvania 17105 Washingtm, D.C.
20555 Jean Ibyer Kohr, Esquire
- Dr. Richard F. Cole Minney, Meccan & Kohr Atmic Safety and Licensing Board Panel 121 E. King Street i
U.S. Nuclear Regulatory Comnissim Iancaster, Pennsylvania 17602
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Washingtcn, D.C.
20555 Albert J. Slap, Esquire Dr. Martin J. Steindler Public Interest Iaw Center of Atmic Safety and Licensing Board Panel Philadelphia Argonne National Tahnratory 1315 Walnut Street, Suite 1600 9700 South Cass Avenue Philadelphia, Pennsylvania 19107 Argonne, 7114nois 60439 Atmic Safety and Licensing Board
- Iawrence J. 01andler, Esquire Panel Office of the Executive Iegal Director U.S. Nuclear Regulatory Cemnission U.S. Nuclear Regulatory Ccmnission Washington, D.C.
20555 Washingtcm, D.C.
20555 1
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' (certificate of Service Continued)
Atcmic Safety and Licensing Appeal Panel I
U.S. Nuclear Regulatory Cemnission Washington, D.C.
20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Cm mission Washington, D.C.
20555 r
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Gerald Charnoff Counsel for Licensees Dated: Novmber 30, 1979 L