ML19322D664

Forwards Lower Paxton Township to President Carter Re Release of Contaminated Water Into Susquehanna River & Restart of Facilities.Requests Comments

ML19322D664
Person / Time
Site:	Crane
Issue date:	10/30/1979
From:	Seal M PRESIDENT OF U.S. & EXECUTIVE OFFICES
To:	NRC COMMISSION (OCM)
Shared Package
ML19322D663	List: ML19322D662 ML19322D664
References
NUDOCS 8002190833
Download: ML19322D664 (3)

Text

,

+

~

ACTION CONTROL DATES CONTROL NO i

ant u a.wei 07711 COM <OeAou~E nm r

(

ACKNOWLEDGMENT

'~ ~

DATE OF DOCUMENT g

INTERIM REPLY y _ref pf p)

[

TO:

PREPARE FOR ' SIGNATURE rs, f

Q FINAL REPLM/ [

CHAIRMAN f

FILE LOCATIO'/

a O EXECUTIVE OIRECTOR 4

hiso 1tr to the Chairnaa. 10/22/79 OTHER:

DESCRIPTION O LETTER OMEMO O REPORT O OTHER SPECIAL INSTRUCTIONS OR REMARKS Ltr from Heles E. Atrit. M of Supervisers t

Laser Fastaa Township, Daupain County, Fa.

Basic corns, caatrol suet at:4 cf of and reselstfem m roepeatag of TRI 1 & Z response to ce returned 13 T.M Whita liaise Q

{

li

t ty -

l CLASSIFIED DATA

)f g /.

lOOCUMENT/ COPY NO.

CLASSIFICATIONf

/

l NUMBER OF PAGES CATEGORY g

)

g

{y j

g lPCST AL REGIST RY NO.

O NSi Ono O fro f%; 217

{

l ASSIGNED TO:

DATE INRIAMATION ROUTING LEG AL REVIEW U FINAL C COPY l s _ m e,..

111 t / Ta#

ASSIGNED TO:

DATE NO LEGAL C8JECTICNS

}

NOTIFY:

[

O ECO ADVIN & COR RES BP t

l ext.

I l

COMMENTS, NOTIF Y:

l EXT.

[

l

.tCAE NOTIFICATION RECOMMENDED:

0 YEs O NO b.

NRC FORY 232 EXECUTIVE DIRECTOR FOR OPERATIONS DO NOT REAf0VE THIS COPY PRINCIPAL CORRESPONDENCE CONTROL l

8002190

90 $ h33

11/1/79 79-2954 co,,,n, oa,e

'n,,-

NRC SECRETARI AT oate TO: O Comm.ssioner O cen. Counsei

@ E xec. oir/Oper.

O Soiicitor Cong. Liaison O Secretary O Public Affairs White House Referral incoming.

Helen Kirk F rom:

Harrisburg, P A 10/10/70 To:

NQC oate Subsect:

roe nl iit i nn regarr44ng TMI O ereoa,e repiy for s.,naio,e of O Cnairman O Commissioner O eoo.cC.Ct. Soc.PA,SECY Signature block omitted O

Return original of incoming with response XG For direct reply

• Suspense: Nov 15 For appropriate action C For information j

3 For recommendation nari,s:

Bi11ie -

For the Commission:

' Send three (3) copies of reply to Secy M,aii Facility ACTION SLIP t -.

4 4

c a o.... ~..o.

a.o..

-. rr.. t a.

4.

r..- t t.r n v..,-

r.

o..

i t

m m

PEFEPP?st

., c.

. c, ~ r...,

t t.

L..--..,a / n f.

ID:

. av..v. u..md.

a.

-~..t w.

,Lv.r An.rcCL1 i.

.. a FLPLY: DIECT Fi. FLY, FUPNISi IGFO '? CPI r..s.

r. -

..e -.vhl.

m..r ?u. ; a r.. \\1,

.r.a.

. ~.. r... m.,.. r

. -. 3

,', La..i 2

. r1

.s

.m.

- L 5.-

..s s$

t1: &

rL

.y

m..,,,. S, :e.,..

.\\ ~u, s.. m t: n... n...c....-. :..

~,.

..-,e

.s 3 O ~ ~- l r o.. *: as m., -

m

.. L l.,.nL

.v:

g~

s. m,,

r.,.

. m J.

' LD s( J.C f.

s VJ'

.l DA v :- c1

'w' \\.'I. d~ l

('.~'. d~ ^ a. o ' 'J,

='O' ' lu 6.'.A'.'o' "L.

a:

13

~

YU'L't.'

'I'

~

.4LCI.T : UZ'hR, "V.L'D CCIC3LR 22, D79.

n..'.. mpk,2.i ;* c.'y'

. g r/v

-'t t.

os 1

(..

= *T G.T:*

'. ' r R.

s.l.

L.M u.

Iw A ' if 1'J *t s. r. '.7. f.,.p t "

%. A"O..E.T9

-9 e'.-

w$

4 L - - s **

m e A b-r

~'.s'/.c.

.., $ a r,'e L C' J'

'i.h.'aCO ]'

^

\\. 41 A

q ~ b e..m.. 1 s' s

>~

7J h L,i a t.L " ~.%'. q:.'.m c -L-L b 7...;,

m t. ;

.1

.A, -

I r*

• 1. (' Q.,

.' ', t'" ?. 0. 7 t "L w o D. MA.

J

-. og om,, -.

g,

-r i.._.

- 1

. A u.of.C

.-rm, my r..y,y ag,4 cz..un re..e t.n.r :.-

x 2s

>J.

.rs

.c,L 0..-.....s

,y n. t. ;..r

. '.? O N'

' * {I S

-,,-s.7 1

1 t...

i l.' T. O. / r..O

~.

'..h

• w i. 31u.

M+

9-.'Oe=

9

• i-mr*-44e.

,M

'g 9i 1.}

• d d 4Va*2 ba ~.p91. = b m erg eq

[1\\

l i

I l

l f

O we -,

79-2927 10/31/79 to,,n, o,ie No NRC SECRETARIAT TO: O Commissio,

oate XXU E,ec. oi,;oper.

O Gen. Coumei O Cons. tiaison O Soicitor O Punlic Affairs O Secreta,y O

Helen Kirk, SECY-Treasurer incoming:

From:

Bd. of Supervisors. Lower Paxton Tnso Harrisburg. Pa.

10/22/79 To: Chairman Hendrie o,ie Subiect:

Forwards rosnlutinn re-rannonino nf TMI-1 & 2 2 Prepare reply for signature of:

Chairman Commissioner E DO, GC, CL, SOL, PA, SECY O Signature dioca omitted O Reiurn ori,inai of incoming.;in resoon,e For direct reply

• XM For appropnate action For information O For recommeno. tion a /, /v 9 Original to Docket Combs For the Ccmmission:

• Send three (3) copies of reply to Secy Mait Faciiity mac42 ACTION SLIP

O BOARD OF SUPERVISORS

. [.

TO LOWER PAXTON TOWNSHIP

/*

SUITE 206 75 SOUTH HOUCKS ROAD, HARRISBURG, PA.17109 y

J g

g Telephone (717) 652 8000

[ g j

j umm.m tm CHAIRM AN. FRANC S R. M U M M ENT VICE CHAIRMAN. NORMAN P. HETRick MEMsER. CHARLts R. CAIN O

M EMoER. ERNEST L. CORTY. JR.

MEMmER. MARK S. KNOUSE ToWNSMap M ANAGER. J ACK F. HURLEY October 22, 1979

)

O 7.

8 c:. nc i

o(

1 President Jimmy Carter DCT2 51979 i

1600 Pennsylvania Avenue W

j l

Washington, D. C.

20500 e

. c, - -- l t

Dear President Carter:

~

The Board of Supervisors of Lower Paxton Township, Dauphin Ceunty-Pennsylvsifia, passed a resolutionilpreisented by Member Janr D.-Marfico, that Three.. Mile. Island Nuclear Reactors Unit's dne and Two not be returned to operation until more com-

~

prehensive', stringent and fail-safe methods of operating the

~

plant are developed.___.

The southern border of Lower Paxton Township is located nine and one-half miles from Three Mile Island and the entire Township is within twenty miles of the nuclear plant.

Our community has a population of over 34,000 people and is the second largest municipality in the Harrisburg Standard Metropolitan Statistical Area.

The land area is 28.575 square miles.

We are only a few miles from the beautiful Susquehanna River where many of our people enjoy the scenery and the boating

.nd swi= ming.

We are, therefore, also opposed to the dumping of radioactive. contaminated water or other material into the Susquehanna.

The Board of Supervisors several months ago authorized the creation of an Advisory Committee on Energy Conservation, which was given the task of presenting a Comprehensive Community Energy Management Plan.

This plan has been prepared in a draft form with the aid of the Pennsylvania Department of Community Affairs, Bureau of Community Energy, and the Comonwealth of Pennsylvania Energy Extension Service.

The plan is proposed for adoption at a public meeting to be held sometime during November, 1979.

This is the first energy management plan in the area.

President Jimmy Carter October 22, 1979 Hopefully, this information will b'e of interest to you because of the Three lille Island nuclear accident and the concern of many citizens of-Lower Paxton Township for energy conservation.

//

A copy of Resolution 79-19 adopted by the Board of

/SupervisorsonOctober8,1979isenclosed.

/

Very truly yours,

/SJ$/

Helen K. Kirk Secretary-Treasurer HKK/gk Copies to:

Governor Richard Thornburgh Senator Richard Schweiker Senator John Heinz Representative Allen Ertel Lt. Governor William Scranton Joseph Hendrie, Chairman, N.R.C.

Metropolitan Edison Co.

Enclosure F

9

p. -,..

j~q;STON 3g LOWER PAXTON TOWNSHIP by O

SUITE 206 v

'~t.,[.

I

, i 75 SOUTH HOUCKS ROAD, HARRISBURG, PA.17109 g

g

{

p g 7 Telephone (717) 652 8000

.t 5

gi g;:1

= = -

i r.W r CHAIRMAN, FRANcts R. MuMMERT Vict CHA!RMAN. NORMAN P. HrTRick MEMetR. CHARLE.s R. CAIN

,..z Dd

, i ? f,-

MEMorR. ERNEs7 L CORTY, JR.

MENSER MARK S. KNoust

.f..

. (,.

b % ;+xlWe;me October 22, 1979 Honorable Joseph Hendrie Chairman, Nuclear Regulatory Commission Washington, D. C.

20555

Dear Chairman Hendrie:

'Ihe Board of Supervisors of Lower Paxton Township,

Dauphin County, Pennsylvania, passed a resolution presented by Member Jane D. Marfizo, that Three Mile Island Nuclear Reactors Units One and Two not be returned to operation until core comprehensive, stringent and fail-safe methods of oper-ating the plant are developed.

The southern border of Lower Paxton Township is located nine and one-half miles from Three Mile Island and the entire Township is within twenty miles of the nuclear plant.

Our community has a population of over 34,000 people and is the second largest municipality in the Harrisburg Standard Metropolitan Statistical Area.

The land area is 28.575 square miles.

We are only a few miles from the beautiful Susquehanna River where many of our people enjoy the scenery and the boating, fishing and swimming.

We are, therefore, also opposed to the dumping of radioactive contaminated water or other material into the Susquehanna.

~

The Board of Supervisors several months ago authorized the creation of an Advisory Committee on Energy Conservation, which was given the task of presenting a Comprehensive Community Energy Management Plan.

This plan has been prepared in a draft form with the aid of the Pennsylvania Department of Cocmunity Affairs, Bureau of Community Energy, and the Com=onwealth of Pennsylvania Energy Extension Service.

The plan is proposed for adoption at a public meeting to be held on November 19, 1979.

This is the first energy management plan in the area.

9 b O

O h

\\

g\\

A

Honorable Joseph Hendrie October 22, 1979 Hopefully, this information will be of interest to you because of the Three Mile Island nuclear accident and the concern of many citizens of Lower Paxton Township for energy conservation.

~

A copy of Resolution 79-19 adopted by the Board of Supdrvisors on October 8, 1979 is enclosed.

Very truly yours,

/klks E $<.s '

Helen K. Kirk Secretary-Treasure'r HKK/gl Copies to:

President Jimmy Carter Governor Richard Thornburgh Senator Richard Schweiker Senator John Heinz Representative Allen E. Ertel Metropolitan Edison Co.

Enclosure i

l i

9

• OGR PAXTON TO'.CISHIP EUA2D OF SUPERVISORS DAUTEI: COL".;TY, PEN:~SYLVANIA

.ISOLL"rION 79-19 THREE MI* E ISLAND NUCLEAR PLANT WHEREAS, on Wednesday, liarch 28, 1979, an accident occurred at the Three Mile Island Nuclear Generating Station which subse-quently caused the release of radiation into the surreurding Central Pennsylvania ectironment; and IGEREAS, the citizens of Lower Paxton Township and surrcunding area have been unnecessarily subjected to a very traumatic exper-ience, exposure to radiation, and prolonged concerns about the safety and health of the=selves and their families, and about the economic viabili:7 of their property; and UHEREAS, it is obvious from the day of the accident and events thereafter that present day technical and scientific safe-guards with respect to the operation of the Three Mile Island plant are insufficient and unreliable; and imEREAS, it is int:lerable to expect the citizens of Lever Paxton Township and sur ounding areas to be subjected to admitted unkn'own effects to radiation exposure and live with the potential risk and uncertainty of a repetition of the accident at Three Mile Island, NOW, THEREFORE, it is hereby resolved by the Board of Supervisers of Lower Paxton Townshi; that Three !!ile Island Nuclear Reactors Units One and Two not,be returned to operation or certified by

authorities as safe for operation, unless or until more ccepre-hensive, stringent and fail-safe methods of operating the plant are developed than now exist.

BE IT FURTHER RESOLVED, that we-are unequivocally opposed to the dumping of the radioactive cohtaminated water and any other kind of radioactive material from the Three Mile Island

uclear Plant into the Susquehanna River and thereby further endangering the residents of Lower Paxton Township, and BE IT FURTHER RESOLVED, tha: ve actively support the use and development of safe alternative renewable energy sources and to promote energy conservreion thereby contributing to the safety of the residents of the township, that Lower Paxton Township has a very fine Energy Managecent Plan the Supervisors have proposed to be adopted on which a public hearing will be neld on October 30, 1979.

ENACTED INTO LAW as Resolution 79 '.9 this Sch day of October,1979.

d

/

l &_

Ef Chaircan i

d Vice-Chairman A>.[' 0:

Sup1Tvisor g

j G-(JLvruk

%% ~

SuTervisor g

a.irST:

m

/O.{

Mo b

' hAti l A fLh F

Sacre:ary Supervisor I

i e

5 s

UNITED STATES OF #iERICA'

?!UCLEAR REGULATORY COMMISSION j

i CCMMISSIONERS:

)

I Joseph M. Hendrie, Chaiman Victor Gilinsky THIS DOCUMENT CONTAINS 1

~

~.

Richard T. Kennedy Peter A. Bradford POOR QUAllTY PAGES 3

John F. Ahearne i

s

}

In the Matter of

}

1 liETROPOLITAN EDISON COMPANY Occket A'o. 50-289 (Three Mile Island Nuclear Station.

l Unit No.1) l CRDER AND NOTICE OF HEARING t

I.

The Metropolitan Edison Company (the licensee) is holder of Faciility Operati.--

I License No.. DPR-50 which authorizes the operation of the muclear power reactor i

known as Three !iile Island Nuclear Station, Unit No.1 (t.Se facility or; THI.1),

t-steady state power levels not in excess of 2535 megawatts themal (rath powe'r).

1 The facility is a Babcock and Wilcox (B&W) designed pressurrized water nanctor i

'(PWR) located at the licensee's site ten miles southeast of Harrisburg,l Pennsyl-i j,

vania.

I 4

II. On July 2,1979, the Commission ordered that th fac.ilit'y remain ih a. cold I

l shutdown condition until further order of the Comission.and stated that a hearir.

l

~

will be conducted prior to any restart of the facility.

On the basis qf that I

nearing the Comission will detemine whether any further operation wilp be per-mitted and, if so, under what conditions.

The Coa.isstorn herein specif.'tes the basis for its concerns and the procedures to govern furtiner proceedings in' this

. i.a::e r.

For :ne reasons later set forth, the Co=nission has detamined that MocA@N*

4

3 2

l satisfactory completion of certain short-tenn acticns and resolution of various concerns described herein are required to provide reasonable assurance t!iat the facility can be oper ated without endangering the health and safety of the public.

The Commission has detemined that certain additional long-tenn actions are, for the reasons given below, required to be ccepletad as prc:nptly as practica ble, 1

and that reasonable progress on the completion of sucir actions prior-to Eestart f

s is required, in order to provide reasonable assurance that the facility can be i

operated safely over the long tem.

This Order and notice of hearing further establishes procedures for a. hearing and decision on the particular issue's i

identified in Section V of this Order.

The Connission has detemined that y

/

hearing and decision with review thereof (as provided in Sections V and TI i

below) on the issues specified in this order is required and that suct hearing, decision and review on the issues relating to the actions required prior'to i

restart of the facility must be completed prior to any! Co=r.ission Order lifting A

the suspension of operation.

i

'Accordingly, the Atomic Safety and L.icensing Board designated to conductjthis pre-ceeding should give priority to consideration of those issues which are related.

directly to suspensiun of operation. To the extent feasible, the' Board :should defer full review of the issues related to the longer-tenn actions until' after the rendering of a partial initial decision regarding the suspension-related issues.

'4 4

i The Co=nission's July 2,1979 Order recited that "the Commission present)y lacks t' 2 requisite reasonable assurance that the... Licensee's Three Mile, Island Unit No.1 Facility... can be operated without endingering the health! and safe-of the public." The bases for that conclusion (which remains valid) are':

i g

i

s 3

In the course of its evalua son to date of the accident at the Three Milh Island 1

Unit No. 2 facility, which utilizes a B&U designed PWR. the Nuclear Regulatcry Co::nission staff has ascertained that B&W designed rea,ctors appear to be unusuall;.

sensitive to certain off-nornal transient conditions originat:ing in the pecondary systen.

The features of the B&W design that contribute to this sensitivkty are:

(1) design of the steam generators to operate with reTatively stall liqu)d voluna 1

in the secondary side; (2) the lack of direct initic:fon of reactor trip upon the occurrence of off-nomal conditions in the feedwater systeta; (3) reliance on an integrated c'entrol systen (ICS) to automatically regulate feedwater flow; (4) actuation before reactor trip of a pilot-operated relief valve en the primary I

system pressuri::er (which, if the valve sticks open. can aggravate the event);

and (5) a low' steam generator elevation (relative to the reactor vessel) which provides a smaller driving head for natural circulation.

j Because of these features. B&W designed reactors place, core reliance on the reliability and 'perfomance characteristics of the auxiiiary -feedwater s9 stem,the integrated control system, and the emergency core cooling system (ECCS) erfomann p

i to recover from frequent anticipated transients, such as loss of offsitei power an:

i 1.oss of normal feedwater, than do other FWR designs. ;This, irt turn. plaf:es a largt burd'n o'n the plant operators in the event of off-nomal system behaviorqduring su:

e anticipated transients.

1 As a result of a preliminary review of the Three Mile Island Unit No. 2 accident chronology, the NRC staff initially identified several human errors thatf occurrec d: ring the accident and contributed significantly :: its severity.

All holders :-

operating licenses, except Metropolitan Edison, whose plants were already shut-cos;n, were subsequently instructed to take a number of ictnediate actions' to avoic j

s 4

i repeti. ion of errors, in accordance with bulletins issued by the Corraiss. ion's t

Office of Inspection and Enforce. ment (IE).

In addition, the NRC staff thgan an 1

imdf ate reevaluation of the design features of '5&W eactcars to detemi'pe whethe I

adcitional safety corrections or improvements were necessa:.y with respec:t to thest I

r'esctors. This evaluation involved numerous meetings with 3&W 'and certa:in of the affected licensees.

The evaluation ident find design features as discussed abov-e which indicated I

that B&W designed reactors are unusually sensitive to 'certain off-normal transient conditions originating in the secondary system.

As a result, hn additional bulletin was issued by IE which instructed holdsn s of operati ig licenses for 5&W designed reactors to take further actions., including i. ediate changee, to decrease the reactor high pressure trip peint and increase the aressurizer pilot-operated relief valve setting.

Also, as a result of this evaluation, the NRC staff. identified certain other safety c.oncerns that harrante.-

additional short'-tem design and procedural changes at oper ating facilit es havi,

E&W designed reactors.

These were identified as items (a) -through (e) oh page 1 -

t of the Office of Nuclear Reactor Regulation Status Report t.c the Com: nits 5cn of

}

April 25,1979.

i.

1 I. addition to the items identified for the other B&W ' reactors, the uniqhe cir:ur stances at TMI require that additional safety concerns identified by thei NRC sta-te resolved prior to restart.

These cencerns result from (1) potential inter-action between Unit 1 and the damaged Unit 2, (2) question:s about the =anagemen:

a abilities and technical resources of Metropolitan Edisom, including e

i.:act of the Unit 2 accident on these, (3) the potential offect of cperations i'

5

5 nc:essary to decontaminata the Unit 2 facility or Unit 1, and (4) recogn 2nd deficiencies in emergency plans and station cperating precedures., Eased on the ab:ve, the Cc= mission's Director of Nuclear Reai: tor Regulation (NRR) has recom-

nded that the following actions (the "short-term actions") be required jef the licensee to resolve the cencerns stated herein and pemit a finding of rs!asonable assurance that the facility can safely resume operation.

~

i 1.

Tne licensee shall take the following actions :ith' respect to MI-1: ;

(a)

Upgrade the timeliness and reliability of the Emergency Feedwater (E FW) system by perfoming the items specified in Enclosure 1 of the liceqsee's June 28,,1979 letter.

Changes in design will be, submitted to the NRC 1

2 staff for review.

(b)

Develop and implement operating procedures for initiating and contrdlling ERI independent of Integrated Control System (ICS) control.

.l (c)

Install a hard-wired control grade reae. tor trip on loss of main fenciwater, l

and/or on turbine trip.

(d) Complete analyses for potential small breaks and develop and implement

. ooerating instructions to define operator action.

("e),. Augment. the retraining of all Reactor Operators and Ser! or Reactor i

Operators assigned to the control room including ; training in the are as of natural circulation and small break loss of coolant accidents inglud-l i

i ing revised procedures and the mI-2 accident.

All operators will also i

receive training at the BaW simulator on the mI-2 accident and the l

licenses will conduct a 100 percent reexamination of all operators n

these areas.

NRC will administer complete examinations to all licessed personnel in accordance with 10 CFR 55.20-23..

i l

I I

l l

6

)

2.

Tne licensee shall, provide for flRC re' view and approval of all applichble actic I

pecified in IE Sulletins79-05A, 79-053, and 79-05C.

3.

The ifcensee shall improve his emergency preparedness in accordance with the following:

4 I

i (a) Upgrade emergency plans to satisfy Regulatory G ide T 101 with spec,ial attention to action level criteria based on pi nt parameters.

l a

(b)

Establish an Emergency Operations Center for Federal, State and Local' Officials and designate a location and an alternate Tocation and ph-i vide ec=.:unications to plant.

j (c) Vograde offsite monitoring capability, including addf tional therecq luminescent dosimeters or equivalent.

(d) Assess the relationship of State / Local plans to the licensee ptans so as to assure the capability to take emergency actions.

j (e) Conduct a test exercise of its emergency plan.

4.

Tne licensee shall demonstrate that de:ontamination and/or restesratipn operations at TMI-2 will not affect safe operations ak TMI 'l.

The 11cer see shall provide separation and/or isolation of TMI 1/2 radioactive liquid transfer lines, fuel handling areas, ventilation systems, and ' sampling lines.

E1! fluent monitoring instruments shall have the capability of disc:-im'.nating betwaen effluents resulting from Unit 1 or Unit 2 operations.

j I

5.

The licensee shall demonstrate that the waste management capabilityj includd s:crage and processing, for solid, licuid, and geseous wastes is adequate to e

n i

.g 4

i

8 I

7 I

l assure safe operation of THI-1, and that TMI-l wasta handling capabilit is not relied on by operations at THI-2.

l 6.

The licensee shall demonstrete his managerial capability and resour'ces to operate Unit 1 while maintaining Unit 2 in a safe configuration and carryi.ng cut planned decontamination and/or restoratien activities., Issues to be addressed include the adequacy of groups providing safe.ty rev ew and operational. advice, d

the management and technical capability and trainirg of operations staff, the edecuacy of the operational Quality Assurance program and the facility procedures.

and the capability of important support organizations such as Health Ph sics and t

Plant Maintenance.

t 7.

The ifcensee shall demonstrate his financial qualifications to thee e'xtent i

relevant to his ability to operrte TMI-1 safely.

i 8.

The licensee shall comply with the Category A recommendations 'as :spe'cified in Table B-1 of' NUREG-0578.

I i

The Commission has additional concerns, which, though they need not be desolved I

p'rior to resumption of operation at Three Mile Island' IJnit 1, must be s4tisfac-torily' addressed in a timely manner. The Commission's Director of Nuclear Reacte Regul.ation (NRR) has recommended that the following actions (the "long-term actions") be required of the licenses to resolve these concerns and pemit a

~

finding of reasonable assurance of the safety of long-tem cperatten-3ese' an 1.

submit a failure mode and effects analysis of the ICS to the NRC f

staff as soon as practicable; e

I

i 2.

give continued attention to transient analysis and procedures for I

canagement of small breaks by a femal program set up to assure j

i timely action of these matters; 3.

comply with the Category 3 recommendations as specified in Table 5-1 of NUREG-0578; and, i

4, improve emergency preparedness in accordance wita the fo1Tcving:

f:

b (a) modify. emergency plans to address changing capabilities of plant instrumentation, (b) extend the capability to take appropriate emergency act'fons for the population around the site to a dis-tance of ten miles.

l III.

Accordingly, pursuant to the Atomic Energy Act of 1954, as amended $ and one Commission's rules and regulations in.10 CFR, it is hereby ordered t1at:

i (1) the licensee shall maintain TMI-1 in a cold shutdown condition until further crder of the Commission which will be issued fo1 Towing satih-

' factory' completion of the required short-term actions and reasonablit I

progress toward satisfactory completion of those.r' quired long-teq actions referred to in section IV (such short-term and long-ter=

actions to be considered " required" for purposes of this clause P

v:nien are detemined by the Commission, after review of the Licensing i

Board's decision, to be necessary and sufficient to provide adecuath i

rotecticn of the public health and safety); and q

f

i s

g 8

i (2) the licensee shall satisfactorily complete the long ' term actions i

Itsted in Table B-1 of NUP.EG-0578 on the schedrale sert out in such ;

~

i table and such other long-term actions listed above t.as promptly as i

practicable.

l IV. The Commission has determined that, in light of the ccencerns listed above, the public health, safety and interest require that :he peartion of the order referred to in' clause (1) of Section III shall be mmediattely sffective!

The long-term actions referred to in such clause shall be thes,e long-term actions i

listed in section II as to which the Commission, prior to -the date of this order.

I has-iss4e! immediately effective orders against other Ticeansees.

If the Conniss' l-issues immedia'tely effectiv.e orders against other license 2.es imposing refuiremen :

with respect to other long-term actions, it will, to the s sutent appropef ate in t'

i circumstances, issue orders, effective immediately, to remiuire that thejlicenses demonstrate reasonable progress toward completion of such other actionslas a con:-

t' ion to restart.

If the Board determiner that operation c;an be resumedj upon cer:

tion of ctrtain specific short-term actions by the licenstre, it shall c6nsider t.-

I

' extent to which the licenses has demonstrated reasonable p.3rogress toward complet af the long-term actions described in this section. If ist finds that th,e license has ' demonstrated reasonable progress, it shall reconmend ressumption of bperation 1

upon completion of the short-term actic.:s.

If it cannot rrake such a finding, it shall recommend that operation be resumed at a date that *it believes appropriate' reflects the importance of the action invcived, the time ~1 cst because such progr had not been made on the prescribed schedule and the ever riding need to; pri.1de i

acecuate protection for the public health and safety.

l 4

i i

1

10

a Atomic Safety and Licensing Board consisting of Ivan W. Smith, Esql. Chair-Y.

can, Dr. Walter H. Jordan Member, and Dr. Linda W. Little, l' ember.'is h t

es:ablished to rule on petitions to intervene, to conduct the hearing orddred herein, and to render an initial decision in accordance with 10 CFR 2.760.! The j

Athmic Safety and Licensing Board will issue a further order specifying t.e date The Board shouN hold and plac'e of the hearing and any prehearing conferences.

its sessions in the vicinity of the facility and it r.ould attempt to schjdule some of its sessions in the evening cr on weekends :o pemit the maximum pss1ble I

public attendance.

The hearing will be conducted in accordance with the applicable provisions of i

l subpart G of the Commission's Rules of Practice set forth in 10 CFR Far-t 2.

The 1

crevisions of 10 CFR 2.715a (consolidation of parties). 2.751a (special prehear-ing conference and order), 2.752 (prehearing conference and order) shall kpply to this proceeding.

j 7

The Commission's primary commitment is to a fair and thorough hearing andi decision.

I Given this overriding imperative. it is the Commission's expectation that:the Board will conduct the proceeding expeditiously.

The Board should as early as possible publish an appropriate schedule and attempt ~ to meet it. A tentative i

schedule composed by the Comission is attached for the Board's possible bst, althcugh the Board should not be constrained by it. The Board is instructed to explore cpportunities to shorten the time limits provided in the Rules ptirsuant to 10 CFR 2.711.

The Licensing Scard is hereby instructed to consolidate,

rticipation of parties pdrsuant to 10 CFR 2.715a to the maximum extent ;prac-

• icable consistent with the provisions of that regulation.

In its review of the Initial Decision, the Commission vill invoke 10 CFR 2.711 to shorten tims' limits l

i

r 11 i

where feasible.

It is hereby directed, pursuant to 2.760(a), that, upo issuance of the initial decision (or partial initial decision)jin this matter, this record uc certified to the Co=nission itself for final decisjon.

My party may.: take an cppeal directly with the Comission by filing exceptions to the initial decision (or partial initial decision) in accordance with the provisions of' 10 CFR 2.762.

9, commission review of the initial decision will be conducted in accordancia with 10 CFR 2.770 j

l 4

' In the condu'et of ihis proceeding the Licensing Board {should exercise ih authort-to seek to ensure that it receives ail infomation necessary to a. thorotigh invest-I gation and resolution of the questions before it.

Hosever, it should use its authority undAr 10 CFR 2.757 to prevent any undue deliy to the prcceedin's result:

from any cross-examination not required for the full knd true disclosure of the 4

facts or from other sources mentioned in that section; i

.I hhe provisions for pre-hearing discovery set forth in!10 CFR 2.740-2.742 shall apply to this proceeding.

Furthemore, in several locations, including the Coe-mission's P'ublic Document P.com and the 114I Local Docuhent Room in Harridburg, the Commission will maintain and continuously update a compilation of all pq}blicly available infomation on the Three Mile Island accident and related matters, and e

i it will also pemit informal access to NRC staff considerations of the jssues t

1 involved in this hearing in the manner in which such hecess is permitted in reactor licensing proceedings.

It shall be an adequaba response to anyi. dis -

1 covery request to state that the infomation or document requested is alatlable in the public compilation and to provide sufficient ibformation to loca :n the document or infor=ation.

Moreover, as provided by 10 CFR 2.740(c) and 10 CFR t

i a

t

j.

12 1

2.740(d), the licensing board may and should, when not incensistent with fairness to all parties, limit the extent or control the sequence of discovery to prevent undue delay or imposition of an undue burden on any party.

I i

Tne subjects to be considered at the hearing shall include:

'i (i) Whether the "short term actions" recommended by t' e Director of i

Nuclear Reactor Regulation (Set forth in Section II of this Ordeer) l are necessary an'd sufficient to provide reasonableiassurance 1

}

that the Three Mile Island Unit 1 facility can be operated witho.ut j

e endangering the health and safety of the public, a d should be.

required'be' fore resumption of operation should be ' permitted.

}

i 1

(2) k'hether the "long-term actions" reccmmanded by the Director of j

i i

Nuclear Reactor Regulation (set forth in Section :1 of this Orde e)

{

i are necessary and sufficient to provide reasonable-assurance t'.a-t

}

the facility can be operated for the long term without endangerimg the health and safety of the public, and'should' be! required of the I

licensee as soon as practicable.

l l

I 1

1 1

~

As to the issue of financial qualifications mentioned above, a. party twishtng to

~

i i

raise this subject as a contentien must clearly indicaije why the Ticensee"s i

financial condition might undermine the licensee's ability to operata>. thej plant safely.

Parties raising this issue should do so before the Special Prehearing Ocnference.

{

j i

I i

i i

i

o..

i 13 l

t

~

'n~ nile real and substantial concern attaches to issues 'such as perychologic'al distress and others arising from the centinuing impact: of aspect:s of the i Three Mile Island accident unrelated directly to expesure to radiation ens the pa'rt of citizens living near the plant, the Cemission" has not detemined whether such issues can legally be relevant to this proceedingj Any party wishin's to raise such sub.iects as contentions, or as aspec'ts of separate contentions, should brief the Atomic Energy Act and National Endrcnmental Pcilicy Act issues he believes acpropriate to the Board as part of the contentien acceptance process set cut in the Comission's regulations.

The Board should then certify s:uch I

issues to the Co. mission for final decision prior to the issuance of its jpre-hearing conference order pursuant to 10 CFP. 2.752(c), either with or without its recomrendatien on such issues, as it deems appropriate' under the circucstances.

i At the time the Commission reaches a decision en these, issues, it will also con-sider whether it can and should grant financial assistance to parties seeking to i

raise these issues in this case.

Satisfactory completion of the required actions will be deter nimed by th Director of Nuclear Reactor Regulation.

However, prior to issu'ing its decision the Board

.i l

shal.1 have authority to require staff to inform it of ;the detailed steps istaff t-1 believes necessary to implement actions the Board nw.y ! require arid to appdeve or j

disapprove of the adequacy of such measures.

With respect to any unce:P}eted items the Board shall have authority similar to that provided in 10 CFR 50.57(b) 1 to take such actions 'cr to impose such limitations or' conditions as it b$lieves ecessary to protect the public health and safety:

Provided, that, as provided i

\\

l k

l 1

4

s 14 3

~

elsewhere in this order, restart shall not be pertitted unti7 satis 1'actory' com-pletien of all uncompleted short-tern actions.

Any affirmative determination by i

the Director will be based upon his finding that the actions speciff ed by! the Scard, er by the Commission on review, have been taken, that the specified satis.fies the implementing procedures employed are appropriate..that.the licensee financial qualification criteria feposed on an applic.dt for an oper ating license, and that there is reasonable assurance that the facility can safely resu a opera-tien.

2 I

As noted above, the Atomic Safety and Licensing Scard should accord prior.',ity to 4

the censideration of matters relating to the need for continued suseension of I

operating authority.

tlithin the limitations of 10 CFF. 50.59 and 2.717 bf of the Commission's regulations, the licensee may commence mcdifications, s.uch as those recommended above by the Director of Nuclear Reactor degulatien, durin; the I

per.dency of this proceeding at its own risk.

l

'/I,

If the Licensing Board should issue a decision authorizing resumption of operation upon completion of certain short-term actionh by the licerisee ind a i

finding that in its judgment the licensee is making relsonable progress toward completion of the long-term actions specified in this ' order as to t.tich the Cee-mission has issued immediately effective orders againsb other licensees,: and wbsequently if staff certifies that those short-term actions have been complete:

to its satisfaction, the Ccmcission will issue an order within 25 c'ays a ter such certification deciding whether the provisien of t[his cedea recuirine}

l i

e l

1 l

l

g s

15 the licenses to rec. air. sh,:t dcwn shall renain imediately effective. An, motiens I

relating to the lifting of ic:ediate effectiveness mus-be received by tije

?

Secretary o' the Corr.issi:n within 10 days of issuance of the certification, and I

any responses to such r..ctions r=Jst be received by the Secretary 7 days 1 :er.

Th'e Com:aissior, shall issue an order lifting it:nediate effectiveness if it deter =i:

I that the public health, safety or interest no longer require immediate effective-ness. The Oc mission's decis'or. en t at :uestion *.hal1 not affect its d rect i

1 appellate r$viw of ::e merits cf tae Scard's decision.

I f

VII. By Sectembe

',1975, the licensee c.ay file a wrttten answer to tt is Order l

and any persor wit:se inte est may be affe:ted by this peceeding may file a i.

tritten pet't'or. o i.tureere.

Petit'ons fer leave to intervene must belfiled 8

in accordan:e vi t. the :o :nission's "?.ules of Prs:tice for Comestic Licensing Proceedings" in 1~ OR rart 2.

.I' a :etition for leave to intervene is filed by the above dats, 'the A o-i: Sa'ety and !.icensing hard.'cstablished by this Order t

will rule o. the :e:1-icn ard issue at ap:ropriate fE.her order.

An oder wholly deryin; a :sti-itn fer leave :: in ervene shalk be appealable by ithe i

petitioner to the Com.iss'or. '.tself w. thin ten days after service of thei order.

3 1

An order granting a petittor. for leave to intervene'shall be appealable to the I

l Cem:.ission itself by a party cther than the petitioner en the question of whether i

the petition should have been wholly denied.

i.

1 i

I 1

As recuired by 1C C. P. 2.7*4, a petition fcr leave to 3ntervene shall seti forth i

witr. ;artic;.itrity the 'nterest o' -he :stitioner in :he proceeding, and hoy 1

1 I

16 l

that interest E ay be affected by the results of the proceeding.

The cetjtion should specifically explain the reasons why intervention should be'pemifted with particular reference to the following factors:

i (1) the nature of the petitioner's right under the Atomic Energy Act to be tr.ade a party to the proceeding; (2) the l nature and extent of the petitioner's.proterty, if:nancial, j

or other interest in the pre:eeding; and 1

(2) the possible effect of any order which may be entered in the l

roceeding en the petitioner's interest.

i 1

Tr.e petition shculd identify the specific aspect (s) of the subject ma tted of the

'l

r:ceeding as to which petitioner wishes to intervene..

j 1

i

' 't later than fifteen days prior to the first prehearjng =cnference :sch6duled in the proceeding, tne petitioner shall file a supplement. to the petitic:n to inter-i vene yhich :nust include a list of contentions which are somht to be liti gated in the matter, And the bases for each concern set'forth wf th r easonable spehificity.

t j

• ;etitioner who fails to file such a supplement which satisfies these require-1

ents aith respect to at least one contention will not. be pemitted to p4rticipate i

l as a ;2rty.

1 1

E s

4

o s

17 i

l An answer to this' Order or petition for leave :.o. intervene should be ff Ted with the Secretary of the Cc= mission, U.S. N;: lear Regulatory Co.-cission,1,'adhington, D..C. 20555, Attention:

Docketing and Service Section, or may be delive ed to th:

Com:.ission's Public Document Room,1717 H Street, N.H., iashington, D.Cj by September 4,1979.

A copy of the petition should be sent to the Executive Legal i

Director, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555 and. to Mr.

George F. Trowbridge, Shaw, Pittman, Potts and Trowbridge,1800.9 Streed, N.W.,

~

1

'n'ashington, O.C. 20026, attorney for the licensee.

Any cuestions or re uests for additional information regarding the content of this Notice should 5e 1

addressed to the Chief Hearing Counsel, Office of the Executive Legal D rector, U.S. Nuclear Regulatory Comission. Washington, D.C. 20::o.

i

}

t Nantimely filings of petitions for leave to intervenei a. ended petition 5 or 1

supplemental petitions will not be entertained absent;a detemination that the

~ petitioner has made a substantial showing of good cause for the grantind of a i

later petition.

That determination will be based on a talancing of thejfactors i

specified in 10 CFR 2.714(a)(i)-(v) and 2.714(d).

i I

1

.j t

VIII.

Copies of the following documents are availabiti for inspection at 1

the C'o= mission's Public Document Room at 1717 H Stree't, N.l!.

Washingtc@, D.C.

snd are being placed in the Commission's local public. document room at hhe Statt i

Library of Pennsylvania, Government Publications Section. Education Sui 3 ding, 0: :.onwealth and Walnut Streets, Harrisburg, Pennsylvania 17126.

f.

i I

e J

18 i.

August 1 Commission Order April 16 Ltr. Herbein to Denton (prior notice will be given befbre restart)

June 28 Ltr. Herbein to Centen (codificaticr.s to be completed before mI-l restart) i June 28 I4RC Staff Meeting sumary en TMI-l restart

}:

NUREG-0578 I&E Sulletins 7?-05A 79-05B 79-05C t

For the C :r:f ssion

/9 i

t l

f f.

S 5/FUEiL J. i C.n.L.<

Secteurx of the Cor.tission i i

Dated at Washington, D.C.

.' 1979.

ll tai s 9th day of' Aucus't J

1 I

f

)

a t

1 L

e I

4 8

e e Ii

3. - -....

Milestone Tine Consumed Total Days fnto (Days)

Proceeding Fublicatien of Notice 0

0 (Detailed Order)

Filing of Intervention 20 20 Petitions 35

.Mswers to Fetitions 15 Time for icending Petitions 25 50 l

and for Negotiations re Contentions Time between filing Amended 15 75 Fetitiens and Contentions and l

Special Prehearing Conference i

Publication of Special Prehearing 5

60 i

Conference Order (Discovery begins) l t

Discovery ccepleted 50 140

{

Curing discovery period:

-Cbjections to Special Prehearing 1

Conference Order 10 days l

-Fossible further refinement of contentions 140 i

Prehearing Conference Prehearing Conference Order 5

~

~ 14 5 Filing of Testimony 20

' lie 5 3

i f

(Assumes objections to prehear-i I

'ing Conference Order filed I

simultaneously) 1 l

Begin Hearings 15 l

180

{

1 00mplete Hearings 50 E40 3

Filing of Proposed Findings 40 250 i

i Reply to Prepcsed Findings 10 290 Decision by Board 45 335 i

I

,