ML19317H332
| ML19317H332 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/23/1980 |
| From: | Chandler L, Treby S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8005280361 | |
| Download: ML19317H332 (4) | |
Text
1 05/23/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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METROPOLITAN EDIS0N COMPANY, ET AL.
Docket No. 50-320
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(Three Mile Island Nuclear Station,
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Unit 2)
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NRC STAFF POSTHEARING REPLY MEMORANDUM REGARDING AIRCRAFT CRASH PROBABILITY ISSUE The NRC Staff (Staff) has reviewed the posthearing submittals of the Appli-cants and Intervenors in this proceeding and, in accordance with the established schedule, submits the following reply.
The Staff believes that the only matter requiring reply is Intervenors' request that this Appeal Board consider the subject issue as it applies to TMI-l (Intervenors' Memorandum on Aircraft Crash at 7).
The Appeal Board has already recognized that it has before it only TMI-2, ALAB-525, 10 NRC 679, 684 (1979). The notice of hearing issued in this proceeding clearly provides that the scope of the proceeding is limited to the licens-ing of TMI-2.
39 Fed. Reg. 27749. Thus, Intervenors' request must be denied as being beyond the jurisdiction of this Appeal Board.
To the extent the Intervenors are attempting to raise the multiple reactor question, this issue has previously been considered by the Appeal Board and, in the Staff's view, was correctly resolved.
ALAB-486, 8 NRC 9, 48-49, n.73.
As noted by the Appeal Board, established Commission policy provides that in the evaluation of the acceptability of a site from the standpoint of 8005280 b@
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public health and safety, if reactors on a multiple reactor site are inde-pendent to the extent that an accident in one reactor would not initiate an accident in another, the acceptability can be determined with regard to each reactor individually. 10 CFR 8100.11(b).
Therefore, consideration of the issue of a heavy aircraft crashing into TMI-l is not appropriate in this proceeding.
Of course, if intervenors wish to pursue this issue with regard to Unit 1, the procedures of 10 CFR 62.206 are available to them.
For the reasons discussed above, Intervenors' request that the Appeal Board consider the issue of aircraft crash probabilities in connection with TMI-l should be denied.
Resp ctfully submitted,
'W&
Lawrence J. Chandler Counsel for NRC Staff (Jb Stuart A. Treby Assistant Chief Heari g Counsel for NRC Staff Dated at Bethesda, Maryland this 23rd day of May, 1980 i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
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METROPOLITAN EDISON COMPANY, ET AL.
)
Docket No. 50-320
)
(Three Mile Island Nuclear Station,
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Unit 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF POSTHEARING REPLY MEMORANDUM REGARDING AIRCRAFT CRASH PROBABILITY ISSUE" in the above-captioned pro-ceeding 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 23rd day of May, 1980:
Alan S. Rosenthal, Esq., Chairman
- Dr. Chauncey R. Kepford Atomic Safety and Licensing Appeal Citizens for a Safe Environment Board 433 Orlando Avenue U.S. Nuclear Regulatory Commission State College, PA 16801 Washington, DC 20555 Karin W. Carter, Assistant Dr. W. Reed Johnson, Member
- Attorney General Atomic Safety and Licensing Appeal Office of Enforcement Board Dept. of Environmental Resources U.S. Nuclear Regulatory Commission 709 Health and Welfare Building Washington, DC 20555 Harrisburg, PA 17120 Dr. John H. Buck, Member
- George F. Trowbridge, Esq.
Atomic Safety and Licensing Appeal Shaw, Pittman, Potts & Trowbridge Board 1800 M Street, N.W.
U.S. Nuclear Regulatory Commission Washington, DC 20036 Washington, DC 20555 Ms. Judith H. Johnsrud Mr. Gustave A. Linenberger*
433 Orlando Avenue Atomic Safety and Licensing Board State College, PA 16801 U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Board Panel
- Dr. Ernest O. Salo U.S. Nuclear Regulatory Commission Professor, Fisheries Research Washington, DC 20555 Institute, WH-10 College of Fisheries Atomic Safety and Licensing Appeal University of Washington Panel (5)*
Seattle, WA 98195 U.S. Nuclear Regulatory Commission Washington, DC 20555
Docketing and Service Section (7)*
Office of the Secretary U.S. Nuclear Regulatory Cocaission Washington, DC 20555
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N Lawrence J. Chandler Counsel for NRC Staff
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