ML19346A228

Response to ASLB Inquiry Re Effect of NRC Eia Suppl on TMI-1 Restart on Intervenor Sc Sholly 810409 Motion to Reject Eia. Eia Suppl Did Not Address Class 9 Accidents,Thus 810409 Motion to Reject Eia Renewed.Certificate of Svc Encl

ML19346A228
Person / Time
Site:	Three Mile Island
Issue date:	06/01/1981
From:	Sholly S AFFILIATION NOT ASSIGNED
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8106050433
Download: ML19346A228 (4)

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SHOLLY, 6/1/91 je

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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d' ' .35I' ORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-239 s

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(Three Mile Island Nuclear ) D D 'ET a-Station, Unit No. 1) ) 6- W' - ~

JUN an 1981 , e INTERVENOR STEVEN C. SHOLLY RESPONSE OI?i:?

0;;.i:: . J :!1 * . ,% 4 TO BOARD INQUIRY REGARDING STATUS stiN )

1F MOTION TO REJECT STAFF EIA b b g "'

c'd 1 W-In. response to a telephone call from the uoard's legal advisor, Mr. Lawrence Brenner, Intervenor Sholly hereby_

informs the Board about how, if at all, the Staff's " Supplement to the Environmental Impact Appraisal by the Division-of Engineering Evaluating the Proposed Restart of Three Mile Island Nuclear Station, Unit 1, Docket No. 50-289" has changed the status of Intervenor Sho11y's 4/9/81 motion to reject the Staff's EIA.

In the largest sense, the supplement changes very i little. It is devoid of any substantive discussion of the m503 V

5 environmental impacts of Class 9 accidents. Inasmuch as

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l the EIA was prepared to determine if a full EIS was necessary, l and since this EIA evaluates a new proposal, which occurs in the light of the TMI-2 accident, it. is illogical to ccnclude, as the Staff has apparently done twice in succession, l . g- .

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that Class 9 environmental impacts need not be discussed. The Staff, in testimony, has stated its belief, absent'any systematic P

evaluation or rational basis, an,d based on " engineering judgment" (i.e., folk wisdom), that Class.9 accidents with a reasonable nexus to the TMI-2 accident need'not be considered. : Irregardless of the correctness of that conclusion (which is absurd on its-very face), the Staff is not exempt from disclosing fully the impact on the environment of a' Class 9 accident at TMI-1. The environmental impact of such an accident is independent of'the -

probability of its occurrence--the probability and the environ- ,

i mental impact.must be considered. hand in hand in evaluating the acceptability of permitting restart of TMI-i.

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Probability

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alone does not constitute a sufficient basis upon which to make a decision on restart. Further, it is noted that the Staff has not even provided a probability estimate for Class 9 accidents at TMI-1, making a full disclosure of the environmental impacts of Class 9 accidents all the more relevant and necessary.

Secondly, the Staff has touched on socioeconomic impacts i

in the supplement by evaluating the impact of the construction of the EOF and the construction and operation of Licensee's prompt notification system, but has ignored other issues which j were raised in the motion to reject the EIA (at pp. 10-11 of the motion). To the ex:ent the Staff has failed to discuss

! these and other relevaat s6cioeconomic impacts of restart, the EIA remains incomplete and unacceptable.

Last, the Staff has come some distance in its supplement in discussing the possible impacts of TMI-2' cleanup-on operation

.. of TMI-1, but..has failed to fully discuss the issue, limiting

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itself to a discussion of the construction impacts of the interim solid waste staging facility and a discussion of the radiological impacts of restart concurrent with TMI-2 cleanup. The Staff has failed, for instance, to discuss potential cleanup-related accidents and any possible impact on safe operation of TMI-l which such accidents may have.

In summary, although the Staff has in part discussed' l

two of the issues raised in the motion to reject the EIA, it has utterly failed to address the third and most important issue, namely Class 9 accident environmental impacts. As a result, Intervenor Sholly renews the 4/9/81 motion to reject the Staff's EIA on TMI-l restart and prays for the relief requested therein.

DATED: 1 June 1981 RESPECTFULLY SUBMITTED, Y\ '

D Steven C. Sholly M Union of Concerned M entists*

1725 I Street, N.W., Suite 601 Washington, D.C. 20006 (202) 296-5600 As previously noted, cffiliation is for identification purposes only.* Intervenor Sholly is representing himself on a cro se basis in this proceeding. UCS is represented by General Counsel Ellyn R. Weiss. .

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EET0*.E THE AT0"*C Et,FE7Y A'0 :10 Ens:!:0 BCARC .

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In the Matter of )

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• 1 P.ITAOPC: TA:: 20150:: COM.PM:Y, ~IT ~ ~

AL. ) Docket No. 50-289

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(Three Mile *sland Nuclear ) ,

Station, Uni No. 1) ) ,

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CERTIFICATE OF SERVICE

. I hereby certify that single copies of INTERVENOR STEVEN C. SHOLLY F.ESPONSE TO BOARD INQUIRY P.EGARDING STATUS OF MOTION TO REJECT STAFF EIA were served upon the following by deposit in the U.S. mails, first class postage prepaid, this 2nd day of June 1981, except as noted below as hand delivered.

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Steven C. Sholly Ivan W. Smith, Esquire G M eorge T. Trowbridge,

$ Administrative Judge Shaw, Pittman, Pott: 8Esquire Trowbridge Atomic Safety and Licensing Board 1800 M Street, N.W.

U.S. Nuclear Regulatory Commission Washington, D.C. 20036 Washington, D.C. 20555 Robert W. Adler, Esquire Dr. Halter H. Jordan Attorney for the Commonwealth Administrative Judge 505 Executive House Atomic Safety and Licensing Board P.O. Box 2357 881 West Outer Drive Harrisburg, PA 17120 Cak Ridge, TN 37830 Jordan D. Cunningham, Esquire .

Dr. Linda W. Little 2320 North Second Street Administrative Judge Harrisburg, PA 17110 Atomic Safe *.y and Licensing Board 5000 Hermitage Drive Louise Bradford Raleigh, NC 27612 TMI Alert 315 Peffer Street g Docketing and Service Section Harrisburg, PA 17102 .

U.S. Nuclear Fegulatory Cc .-ission Washington, D.C. 20555 Gail Bradford A'iGRY J R. Tourte11otte, Esquire 245 West Philadelphia Street d ames Office of the Esecutiee Legal York, PA 17404 Director U.S. NJclear Regulatory Cor.-:ission Marjorie Aamodt

• Washington, D.C. 20555 R.D. 85 Coatesville, PA 19320 Marvin I. Lewis 6504 Bradford Terrace Dr. Judith Johnsrud Philadelphia, PA 19149 ECt!P 423 C:lando Avenue pobcrt C. Pollard State College, PA 16801 609 Montpelier Street **Ellyn R. Weiss, Esquare Bal:2eorc, MD 41218 Harren and Weiss 1725 I Street, '. . W .

4 P.r. Geo.rge Jett Suste 506

. Gen.cra,3. Counsel Washington. D.C. 20006 y [#Y "'"* 9'*""

I h# h I:: DICA 7ES HA::D DELIVERY A-  :- *: - t Clerk

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