ML19351F429

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Response Opposing General Public Utils Request to Reconsider 790702 & 0809 Orders.Endorses 801218 Joint Response in Opposition to Licensee Motion.Approving Restart Before Proceedings Shatters NRC Credibility.W/Certificate of Svc
ML19351F429
Person / Time
Site: Crane Constellation icon.png
Issue date: 01/06/1981
From:
Chesapeake Energy Alliance
To:
NRC COMMISSION (OCM)
References
NUDOCS 8101130027
Download: ML19351F429 (3)


Text

I UNITED STATES OF AMERICA N @ I q/

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NUCLEAR REGULATORY COMMISSION r%

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BEFORE THE CCMMISSION y

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, Sc!t%4 ris.-t C3 In the Matter of

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METROPOLITAN EDISON COMPANY, ET AL

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~ Docket No.

50-289

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(Restart?)

11 (Three Mile Island Nuclear

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Station, Unit No. 1)

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.:. 4 CHESAPEAKE ENERGY ALLIANCE OPPOSITION TO LET"ER FOR

.y RECONSIDERATION OF THE CO'01ISSION' S ORDERS OF 2 JULY

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1979, AND 9 AUGUST 1979 Intervenor Chesapeake Energy Alliance (hereinafter CEA) hereby states its strong opposition to the request by G.P.U. President Herman Dieckamp for the Commission to lift its order closing TMI-l until.the Atomic Safety and Licensing Board has ascertained that its restart can be shown to provide reasonable assurance that the public health and safety can be protected.

CEA fully endorses the " Joint Response in Opposition to Lice'nsee's Motion (Sic) for Reconsideration of the Commission's Orders of 2 July 1979 and 9 August 1979" dated December 18, 1980, and respectfully l

requests that the following factors also be considered.

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t In its Memorandum & Order of December 5, 1980 (CLI-8 0-39 ) that consituted

"... an effective denial of requests to admit contentions based on psychological stress." the opinions of Chairmar. Ahearne and Commissioner Hendrie in support of that denial provide a. solid basis for the denial of G.P.U. 's request for

$#Y restart of TMI-1.

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Chairman Ahearne stated that:

"I agree that the best way to decrease such (psychological) stress is to insure that the plant is safe if it is approved for operation.

I believe the~NRC (Commission and staff) must insure clear and accurate information is provided regarding what is being done.

And I believe the Licensing Board, and the Commission should play their proper roles in assuring that safe operation be the appropriate recuirement."

(Chairman Ahearne's Separate Views, at 2, emphasis added)

While Commissioner Hendrie expressed similar sentiments:

"As I view the mandate of this Commission under the law, it is to permit the operation of licensed facilities upon a finding that thev are safe; the most appropriate l

way for the Commission to take account of the fears related to TMI-l is, first, to assure that the technical decision on restart is sound; and second, if the decisicn is to permit restart, to make sure that the public understands, throuch accurate and comnrehensible information, fully disseminated, the basis for the Commission's determination that the plant-can operate safely. (Separate Views of Commissioner Hendrie, at 2, emphasis added)

Clearly a decision to permit restart of TMI-l before the Licensing Board and. the Commission have had the opportunity to determine that TMI-1 is safe would be in direct opposition to the above stated views of Chairman Ahearne and Commissioner Hendrie on the I

mandate and responsibility of the Commission and the Licensing

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Board in regards to TMI-1, both in respect to the necessary I

assurance that the Unit is safe, and in respect to the public's

--right to a full and clear understanding that the Commission has i

i determined that it is safe.

Indeed, it seems clear that for

the Commission to approve restart before the ongoing proceedings are completed would shatter whatever credibility the NRC has been able to establish among the residents of the Harrisburg area.

3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

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METROPOLITAN EDISON COMPANY ET AL

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Docket No. 50-289

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(Restart?)

(Three Mile Island Nuclear

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Station, Unit No. 1)

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CERTIFICATE OF SERVICE I hereby certify that a copy of the attached " Chesapeake Energy Alliance Opposition to Letter for Reconsideration of the Commission's Orders of 2 July, 1979, and 9 August 1979" has been served on the below listed parties by delivery in the United States Mail, First Class, postage prepaid, this 6th day;pf January, 1981.

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Dated: January 6, 1981

,e gRobert Q. Pollard SERVICE LIST Mr. John.F. Ahearne Ivan W.

Smith, Esq.

Chairman Atomic Safety & Licensing Board Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Mr. Peter Bradford Dr. Linda W. Little Commissioner 5000 Hermitage Drive Nuclear Regulatory Commission Raleigh, NC 27612 l

Washington, DC 20555 Mr. Victor Gilinsky Dr. Walter H. Jordan l

_Cc=missioner 881 West Outer Drive Nuclear Regulatory Commission Oak Ridge, TN 37830 Washington, DC 20555 Mr. Joseph Hendrie George F. Trowbridge Cc=missioner Shaw, Pittman, Potts, & Trowbridge Nuclear Regulatory Commission 1800 M Street Washington, DC 20555 Washington, DC 20036 l

Docketing & Service Section James Tourtelotte, Esq.

Nuclear Regulatory Commission Office of Executive Legal Director Washington; DC 20555 Nuclear Regulatory Commission Washington, DC 20555 Mr. Samuel J. Chilk Secretary to the Commission Mr. Herman Dieckamp Nuclear Regulatory Commission General Public Utilities DC 20555 100 Interpace Parkway Washington, '

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Parsippany, NJ 07054

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