ML19331C525
| ML19331C525 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 08/11/1980 |
| From: | Levin J PENNSYLVANIA, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8008180667 | |
| Download: ML19331C525 (6) | |
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QA UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of METROPOLITAN EDISON COMPANY, Docket No.
(Three Mile Island Nuclear 50-289 Generating Station Unit No. 1:
(Restart)
PENNSYLVANIA PUBLIC UTILITY COMMISSION'S REPORT ON POSITICN By Memorandum and order of May 22, 1980, the Board requested Commonwealth Agencies to report by July 31, 1980 on positions they propose to adopt in the course of these proceedings.
The Pennsylvania Public Utility Commission requested and was granted by telephone, an extension until August 11 to submit that report.
We note that 10 CFR S2.715(c) states:
The presiding officer will afford representatives of any interested agency.
a reasonable opportunity to carticipate and to introduce evidence, interrogate witnesses and advise the Ccmmission without requiring the representative to take a position with respect to the issue (sic).
The Pennsylvania "ublic Utility Commission wishes to participate in the development of the record on the im-portant subjects of the Licensee's financial capability and technical competence to operate TMI-I while maintaining O
8008180667
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O TMI-2 in a safe configuration while necessary clean up operations proceed.1./
Our position with respect to both of these issues is that the licensee has the burden of proof, and that such evidence must be of a nature persuasive enough to comport with the interests of nuclear safety which the Nuclear Regulatory Commission is charged with advancing.
We also specifically reference our order of May 23, 1980 wherein we state at I-79040308:
Notwithstanding the Commission's concern with and recognition of the probable effects of NRC proceedings on the restart of TMI-1, in the context of determining the used and useful status of TMI-1, the implications of that specific decision should not be misunderstood by the NRC or the Atomic Safety and Licensing Board which presides over the TMI-1 restart hearings.
We under-stand that Met Ed's financial ability to operate the unit is an issue to be resolved in the restart hearings.
No specific implication should be drawn from our determination that TMI-l is no longer used and useful that Met Ed is therefore financially unable to operate the unit.
To do so would be l
to create a regulatory self-fulfilling prophecy of unfortunate consequences.
f l
-1/
We note that news articles published the week of l
August 4-8 indicate that the licensee has revised significantly its estimates of the cost and diffi-culty of the clean up, and has proposed a national levy upon utility customers.
That announcement by l
GPU alters its prior assumptions considerably.
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The financial capability of Met Ed as the operator of TMI-l~is more appro--
priately reflected in our overall determination in this order that Met Ed should continue to operate as a public utility and should recover financially.
Order, at 13.
Resjectfully submitted, M
John /A. Levin Assistant Counsel Pennsylvania Public Utility Commission Dated at Harrisburg, Pennsylvania this lith day of August, 1980.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In :he Matter of
)
)
METROPOLITAN EDISON COMPANY,
)
Docket No. 50-289
)
(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
CERTIFICATE OF SERVICE I hereby certify that the attached Pennsylvania Public Utility Comission's Report on Positicus Formulated was mailed, postage prepaid, this lith day of August, 1980, to the persons on the attached Service List.
I T
M i
.niA. Levin hstantCounsel i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING' BOARD _
In the Matter of
)
)
METROPOLITAN EDISON COMPANY,
)
Docket No. 50-289
)
(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
SERVICE LIST George F. Trowbridge, Esquire Theodore A. Adler, Esquire Shaw, Pittman, Potts & Trowbridge Widoff, Reager, Selkowitz & Adler 1800 M. Street, N.W.
P.O. Box 1547 Washington, D.C.
20006 Harrisburg, PA 17105 Ms. Marjorie M. Aamodt Ivar W. Smith, Esquire R.D. #5 Chairman Coatesville, PA 19320 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Ms. Holly S. Keck, Leg. Chairman Dr. Walter H. Jordan Anti-Nuclear Group Representing Atomic Safety and Licensing Board Panel York (ANGRY) 881 West Outer Drive 245 W. Philadelphia Street Oak Ridge, Tenn. 37830 York, PA 17404 Ms. Frieda Berryhill, Chairman Dr. Linda W. Little Coalition for Nuclear Power Atomic Safety and Licensing Board Panel Plant Postponement 5000 Hermitage Drive 2610 Grendon Drive Raleigh, N.C.
27612 Wilmington, Del.
19808 Mr. Robert Q. Pollard Docketing and Service Section 609 Montpelier Street Office of the Secrets q Baltimore, Md.
21218 U.S. Nuclear Regul tory Commission Washington, D.C.
20555 Walter W. Cohen, Esquire Ellyn R. Weiss Consumer Advocate Sheldon, Harmon, Roisman & Weiss Department of Justice 1725 I Street, N.W.
Strawberry Square, 14th Floor Suite 506 Harrisburg, PA 17127 Warhington, D.C.
20006 Dr. Chauncey Kepford Karin P. Sheldon, Esq. (PANE)
Judith H. Johnsrud Sheldon, Harmon, Roisman & Weiss Environmental Coalition on Nuclear 1725 I Street, N.W.
Power Suite 506 433 Orlaido Avenue Washington D.C.
20006 State College, PA 16801
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Mr. Steven C. Sholly James A. Tourcellotte, Esquire 304 South Market Street Office of the Executive Legal Mechanic 1 burg, PA 17055 Director U.S. Nuclear Regulatory Commission Washington,
'.C.
20535 Karin W.
hrter, Esquire Jordan D. Cunningham, Esquire Assican
- :orney General Attorney for Newberry Township 505 Execot.ve House T.M.I. Steering Committee
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r.0. Box 2257 2320 North Second Street Harrisburg, PA 17120 Harrisburg, PA 17110 Robert L. Knupp, Esquire Marvin I. Lewis Assistant Solicitor 6504 Bradford Terrace County of Dauphin Philadelphia, PA 19149 P.O. Box P 407 North Front Street Harrisburg, PA 17108 John E. Minnich Jane Lee Chairman, Dauphin County Board of R.D. 3, Box 3521 Commissioners Etters, PA 17319 Dauphin County Courthouse Front and Market Streets Harrisburg, PA 17101 a
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