ML19351F400

Response Opposing General Public Utils 801201 Request for Mod of NRC 790702 & 0809 Orders.Expediting Issues Critical to Restart Are within Bounds of 790809 Order.W/Certificate of Svc

ML19351F400
Person / Time
Site:	Three Mile Island
Issue date:	01/06/1981
From:	Danni Smith PENNSYLVANIA, COMMONWEALTH OF
To:	NRC COMMISSION (OCM)
Shared Package
ML19351F398	List: ML19351F397 ML19351F400
References
NUDOCS 8101120511
Download: ML19351F400 (7)

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UNIIED STATES OF AMERICA NCCLEAR REGULAIDIE GMfISSION BEEDRE THE 00tfISSION In the Matter of )

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MEIROPOLITAN EDISON CEPAW, ) .

) Docket No. 50-289 l

('Ihree Mile Island Nuclear ) (Restarti l Station, Unit No. 1) ) l COtGNEAL'IH OF PENBEYLVANIA'S RESPONSE TO DECEMBER 1,1980, IEPIER EBM HER4AN DIECKAMP 10 HON. JOHN F. MEARNE I

, i The purpose of this correspondence is to respend to General Public l Utilities Corporation's request that the Comission reconsider and  !

I:odify its Orders of July 2,1979, and August 9,1979, regarding the l status of Three Mile Island Unit 1 (Letter from Mr. He=nn Dieckacp,

, President, General Public Utilities Corp. to Hon. John F. Aheame,  ;

l Chai: Inn, U.S. Ncclear Relatory Cocn:f.ssion, Decei:er 1,1980) .

The rWth's underlying position with respect to the restart of Unit 1 was stated in the June 22, 1979, letter from Governor Dick j

'Ihornburgh to Gairman Joseph M. Hendrie, which identified a number of l serious concerns that should be addressed prior to restart. A copy of i

this letter is attached. However, we are also concerned with the slow l l

pace of the hearings and the resulting costs imposed on both the utility and t':e ratepayers in Central Pennsylvania. To this end, all efforts should be taken to expedite the hearirg process consistent with a full and fair adjudication of the issues raised in both the Governor's June 22, 1979, correspondence and the Comission's August 9,1979, Order and Notice of Hearing.

At the time the 'IMI-l Restart Proceeding was ordered, the &

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i of intervening parties, th rumber and complexity of admissible contentions, and the full extent and radfications of post M-2 design modifications could not be predicted. All of tFase factors have contributed significantly to the length of the proceedings. Yet the l

Atomic Safety and Licensing Board has pm.fvd admirably in keeping l delay to a M ni  ; and the Com:zission built sufficist flexibility into 1

the August 9,1979, Order and tbtice of Hearing to proceed in a more expeditious fashion consistent with the proper resolution of all issues important to restart.

( In parMm1=v, the rmmission noted that:

"[t]he Atode Safety and Ticensing Board desigrated to conduct this proceedi..g should give priority to consideration of those issues which are related directly to suspension of operation. To tra extent feasible, the Board should defer full reriew of the issues related to the longer-term actions until after the rand M ng of a partial initial decision regarding the suspension-ralatad issues."

Slip co. at 2. The Com:ission defined with considerable specificity

[ those issues it considered critical to restart, id. at 3-7, along with l

an agewetlate explaration of the unique relationship of these issues to M -1. Id. at 4-5. Additional concerns were raised in the rmmission's March 9, 1980, Order on manag ment issues. Further, the rmmission included as a subject to be considered at the hearing:

"Whether the 'short term actions' raum,mdad by the Director of Nuclear Reactor Regulation (set forth in Section II of this Order) are necessary l and sufficient to provide ramenable assurance i

that the Ihre Mile Island thit 1 facility can be operated without endangering the health and I safety of the public, and should be required l before resumption of operation should be pen:itted."

Id. at 12. This latter provision recognizes the potential existence of

unresolved safety issues in addition to those identified by the NRC staff, and should be adequate to determine the full scope of actions necessary before the plant can be operated safely in the short-tem.

Clearly distinguished frcxn the above-referenced issues were the Cocmission's " additional concerns, which, though they need not be resolved prior to resumption of operation at Three Mile Island thit 1, nnst be satisfactorily addressed in a Hmaly matter." Id. at 7.

Parallel to this set of concerns was the consideration of:

"Whether the 'long-term actions' r-dad by the Director of tbclear Reactor Regulation (set forth in Section II of this Order) are necessary and sufficient to provide reasonable assurance that the facility can be operated for the long term without endangering the health and safety ,

of the public, and should be required of the licensee as soon as practicable."

Id. at 12. These issues, although important in the long range, can be viewed as less critical to the in4Hm1 restart daciaion.

In sum, the emm,iealth believes that it is possible to consider l

l expediting those issues critical to restart in a full and fair manner within the bounds of the August 9,1979, Order. As the Cocmission noted, the " primary comit:mnt is to a fair and thorough hearing and decision.

Given this overriding imperative, it is the errmdasion's expectation that the Board will conduct the procaading expeditiously." It should be noted that the Licensee is not in any case in a position to restart Unit 1 4

• 4ately. Completion of all of the necessary remaining modifications will take at least several conths. Therefore, consideration of the key safety issues in the hearing context should not delay the actual date of restart to a significant degree. The Atomic Safety and Licersirg Board has already accelerated its use of procedural modifications to expedite l the hearings, for exacple by sanctioning informal discovery. ConH nnad

efforts to expedite the procaaA%ga will receive the full support of the C-alth of Pennsyhania.

Respectfully p ted,

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DeWitt C. Smith, Jr. -

Director Pennsylvania Emergency Mardg=mant Agency Dated: January 6, 1981 9

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~ FOR I."MI I.ATF. PEI.ZASE GOVERNOR'S PRESS CFFICE 611-D79 CONTACT: Roland Page f

• Oeputy Press Secretary i (717) 783-1116 1

KARRISSURG (June 22) -- Gov. Dick Thornburgh this morning sent the '

following letter to Chairman Hendrie:

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(- June 22, 1979 The Honorable Joseph M. Hendrie  :

Chairman i United States Nuclear Regulatory Commission l washington, D.C. 20555 Oear Mr. Chair =an: 1 It has come to my attentien through recent press accounts that officials of the General Public Utilities Corporation, parent co=pany of Metropolitan Edison Company, intend to seek permission to resume operation of Unit 1 of tne Three Mile Island nuclear facility near Middletown, Pa.

Although you indicated in your May 25 letter to me that there are no plans to reactivate Unit 1 in the near future, I understand from these accounts and from our own Commonwealth officials that informal discussions of this prospect have already commenced.

Mr. Chairman, I must express my deep concerns over this matter -- concerns that were heightened yesterday when the Nuclear Regulatory Com=ission (NRC) reported discovering on June 20 a crack in an e=ergency cooling water pipe in Unit 1.

I As Governor, I have a deeply felt responsibility for both the physical and psychological security of the cititens of this )

Commonwealth. Therefore, I am advising you of my strong opposition to any plans to reactivate Unit 1 until ~a nuzher of very serious issues have been resolved.

Specifically, I urge you to effect the indefinite post-  !

ponement of consideration of any such request, for=al or otherwise, '

until I, as Governor, have been satisfied that

'The President's Commission on Three Mile Island and other official investigations into the causes of the accident have been

• fully cEE~pleted and their findings fully disclosed.

• The Babcock & Wilcox reactor design flaws which may have l contributed to the accident in Unit 2 have been fully discovere.

l and corrected in Unit 1.

( ' Allegations of human errors in the accident have been I resolved; and that training of operating and management personnel has been upgraded, in recognition of the fact that the same set of operating technicians who manned Unit 2 say be manning Unit 1.

• 0uestions about the wisdom and safety of operating Unit 1  !

next to the severely crippled Unit 2 (containing lethal levels of radioactivity in the containment) have been answered. {

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• The psychological health of Central Pennsylvania's resi-dents.,who have alread been subjected to an unprecedented .

trauma, yon't be adversely affected by the reopening, yo $51s end, I have directed the Pennsylvania Department of Justice to be prepared to petition, under NRC rules, for a suspension of Metropolitan Edison's license to operate tnit 1, and to be prepared as well to take whatever legal actions may be necessary to prevent the reactivation of Unit 1.

I am not unmindful of the considerable costs which are being incurred by the utility in the purchase of replacement power due to the inactive state of Unit 1, Newever, I believe that the considerations of human safety and security which I have expressed must at this time transcend those of economic costs to the utility.

It is my sincere hope that these courses of action will not

• be made necessary. Again, I ask you to use whatever authority you may possess to delay consideration of any request to reactivate Unit i until these concerns have been addressed.

Sincerely, Dick Thornburgh Governor

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. . .h, UNITED STATES OF AMERICA MJCLEAR REGULATORY QM!ISSION BEEDRE THE ATCMIC SAFEIY AND LICENSING BOARD In the Matter of )

) i FEIROPOLITAN EDISON C0iPANY, )

) Docket Ib. 50-289 (Three Mile Island Nuclear ) (Restart)

! Station, Unit No. 1) )

SERVICE LISI George F. Trowbridge, Esqadre 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, Pemsylvania 17105 Ms. Marjorie M. Aamodt Ivan W. Smith, Esquire R.D. #5 Chairman Coatesville, Pennsylvania 19320 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission Ms. Holly S. Keck, lag. Cha4=rn Washington,.D.C. 20555 Anti-Nuclear Group Representing York (ANGRY) Dr. Walter H. Jordan 245 W. Pb m alphia Street Atomic Safety and Licensing Board Panel York, Pennsylvania 17404 881 West Outer Drive -

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Ms. Frieda Berryhill, Chairman Coalition for Nuclear Power Dr. Linda W. Little Plant Postponement Atomic Safety and Licensing Board Panel 2610 Grendon Drive 5000 Hermitage Drive i Wilmington, Delaware 19808 Raleigh, Ibrth Carolina 27612 Mr. Robert Q. Pollard Docketing and Service Section 609 Montpelier Street Office of the Secretary Balitare, Maryland 21218 U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Walter W. Cohen, Esquirs Consuner Advocate Ellyn R. Weiss Departnent of Justice Sheldon, Harmon, Roisman & Weiss Strawberry Square, 14th Floor 1725 I Street, N.W.

Harrisburg, Pennsylvania 17127 Suite 506 Washington, D.C. 20006 Dr. Chauncey Kepford Judith H. Johnsrud Karin P. Sheldon, Esq. (PANE)

Emrironmental Coalition on Nuclear Sheldon, Harnon, Roisman & Weiss

. Power 1725 I Street, N.W., Suite 506 433 Orlando Avenue Washington, D.C. 20006 State College, Pennsylvania 16801 l

James A. Tourtellotte,- Esquire i

Mr. Steven C. Sholly Office of the Executive Iagal 304 South Market Street Director l

Mechanicsburg, Pennsylvania 17055 U S. Ibclear Regulatory Comission Washington, D.C. 20555

John A. Iavin, Esquire Jordan D. Cunningham, Esquire Assistant Counsel Attorney for Newberry Township Pennsylvania Public Utility T.M.I. Steering Conmittee enmdasion 2320 North Second Street P.O. Box 3265 Harrisburg, Pennsylvania 17110 Harrisburg, Pennsylvania 17120 Marvin I. Lewis Pobert L. Knupp, Esquire 6504 Bradford Terrace Assistant Solicitor Philadelphia, Pennsylvania 19149 County of Dauphin P.O. Box P Jane Lee 407 North Front Street R.D. 3, Box 3521 Harrisburg, PA 17108 Etters, Pennsylvania 17319 John E. Minnich Chairman, Dauphin County Board of Camissioners Dauphin County Courthouse Front and Market Streets Harrisburg, Pennsyhmila 17101 l

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