ML20003B643
| ML20003B643 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 02/20/1981 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8102250084 | |
| Download: ML20003B643 (6) | |
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UNITED STATES OF AMERICA 4
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BEFORE THE COMMISSION 0
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A ts METROPOLITAN EDIS0N COMPANY,
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Docket No.50-28_ V
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DTp6 (Three Mile Island, Unit 1)
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NRC STAFF'S ANSWER TO LICENSEE'S MOTION TO AMEND THE COMMISSION'S ORDERS OF JULY 2, 1979 AND AUGUST 9, 1979 I.
INTRODUCTION On February 3, 1981 the Licensee addressed to the Commission a motion asking that the Commission amend its Orders of July 2 and August 9, 1979 as follows:
1.
To pemit, upon written authorization by the Director of Nuclear Reactor Regulation, subject to such limitations and conditions as he may prescribe for the protection of the health and safety of the public,_ and prior to completion of the hearing process and a decision by the Commission authorizing restart, the Licensee to perfom hot functional testing of the TMI-I systems and equipment using only non-nuclear heat; 2.
To begin, promptly after the Licensing Board has issued a decision favorable to restart rather than after the Director of Nuclear Reactor Regulation has certified to the Commission that the short-tenn actions recommended by the Licensing Board as conditions for restart have been completed to the Staff's satisfaction, the 35-day period for the Commission's review of the Licensing Board's decision; and 3.
To ske clear that upon the recommendation of the Director of Nuclear Reactor Regulation and consistent with the implementation schedules for other operating reactors the Commission may defer. the Licensee's implementation dates 810225 NOM g
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9 for certain action items identified in N' REG-0737 until after restart.
J The NRC Staff's answer to the Licensee's motion is set forth below.
II.
NRC STAFF'S ANSWER A.
Hot Functional Testing The Licensee asserts and the Staff agrees that hot functional testing of TMI-1 systems and equipment is necessary prior to restart of the reactor and that if the hot functional testing could begin prior to completion of the hearing process substantial time in getting the plant back into operation may be saved should restart ultimately be authorized.
For these reasons the Licensee requests that the Commission's Orders of July 2 and August 9,1979 be modified to allow hot functional testing using only non-nuclear heat and subject to such limitations and conditions for the protection of the health and safety of the public as the Director of Nuclear Reactor Regulation may prescribe.
Because such hot functional testing would be allowed only upon written authorization of the Director of Nuclear Reactor Reguiation, the Staff does iiot object to these modifications.1/
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However, the Licensee must review, in accordance with the requirements of Section 6 of the Technical Specifications for TMI-1, the hot functional testing to be performed to detennine whether such activities involve an unreviewed safety question or a change in the technical specifications.
If they do, the Licensee must submit an application for amendment of its operating license.10 CFR 50.59(c).
! B.
Initiation of Commission's Review of Licensing Board's Decision On the basis that it expects that substantial time will elapse between issuance of the Licensing Board's decision and the Staff's certification that all short-tena actions specified by the Licensing Board in its decision as conditions for restart have been satisfactorily
.ompleted the Licensee requests that the Commission modify its Order of August 9, 1979 to provide that the Commission's 35-day review of the Licensing Board's decision will begin promptly after it is issued rather than after the Staff certifies that the short-term actions have been satis-factorily completed. The Staff does not object to this modification.
C.
Implementation Schedule for Action Items On the' basis of its concern that events beyond its control may impair its ability to meet presently specified implementation schedules for all action items and its concern that implementation schedules for other operating reactors may be relaxed after the hearing record is closed the Licensee requests that the Commission modify its Order of August 9,1979 to make clear that, upon the recommendation of the Director of Nuciear Reactor Regulation and consistent with the schedules specified for other operating reactors, the Commission may defer until after restart Licensee's implementation dates for certain action itens identified in NUREG-0737.
Because such deferrals would be granted only upon the recommendation of the Staff and consistent with the requiremen a imposed on other operating reactors, the Staff does not object to this
. modification.
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CONCLUSION i
For the reasons set forth above, the Staff does not object to the
- granting of the modifications to the Commission's Orders of July 2 and f
August 9, 1979.that were requested by the Licensee's. notice of
. February 3,1981.
E Respectfully submitted,
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~.,a James M.- Cutchin, IV Counsel for NRC Staff
. Dated'at Bethesda, Maryland this 20thday of February,1981
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F UNITED STATES OF AMERICA NUCLEAR REGULATORY C0FftISSION BEFORE THE COMMISSION In the Matter of
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METROPOLITAN EDISON COMPANY,
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(Restart)
(Three Mile Island, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER TO LICENSEE'S tt0 TION TO AMEND THE COMMISSION'S ORDERS OF JULY 2,1979 AND AUGUST 9,1979", in the above-captioned proceeding, have been served on the f>llowing, by deposit ~a the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 20th day of February,1981:
Jo?n F. Ahearne, Chairman Dr. Linda W. Little U.S. Nuclear Regulatory Comission 5000 Hermitage Drive Washington, D. C.
20555 Raleigh, North Carolina 27612 Dr. Joseph M. Hendrie George F. Trowbridge, Esq.
U.S. Nuclear Regulatory Commission Shaw, Pittman, Potts & Trowbridge Washington, D. C.
20555 1800 M Street, N.W.
Washington, D. C.
20006 Dr.-Victor Gilinsky U.S. Nuclear Regulatory Comission Karin W. Carter, Esq.
LWashington, D. C.
20555 505 Executive House P.O. Box 2357
~* Peter A. Bradford.
Harrisburg, Pennsylvania 17120 U.S. Nuclear Regulatory Comission Honorable Mark Cohen Washington, D.C.
20555 512 0-3 Main Capital Buildina Harrisburg, Pennsylvania 17120 Mr. Marvin I. Lewis 6504 Bradford Tr.
Philadelphia, Pennsylvania 19149 Ivan W.' Smith, Esq.
Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Comission Mr. Thomas Gerusky Washington, D. C.
20555 Bureau of Radiation Protection Dept. of Environmental Resources Dr. Walter H.~ Jordan P.O.. Box 2063 881 W.-Outer Drive-Harrisburg, Pennsylvania 17120 Oak Ridge, Tennessee 37830 Steven C. Sholly Union of Concerned Scientists Suite 601 1725 I Street, N.W.
Washington, D.C.
20006
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. t Metropolitan Edison Company Ms. Frieda Berryhil' Chairman Attn: J.G. Herbein, Vice President Coalition for nut.lsar Power Plant P.O. Box 542 Postponement Reading, Pennsylvania 19603 2610 Grendon Drive Wilmington, Delaware 19808 Ms. Jane Lee.
R.D. 3; Box 3521 Gail Bradford Etters, Pennsylvania 17319 ANGRY 245 W. Philadelphia St.
Walter W. Cohen, Consumer Advocate York, PA 17401 Department of Justice Strawberry Square, 14th Floor Jordan D. Cunningham, Esq.
Harrisburg, Pennsylvania 17127 Fox Farr and Cunningham 2320 North 2nd Street Allen R. Carter, Chairman Harrisburg, Pennsylvania 17110 Joint Legislative Committee on Energy Post Office Box 142 Louise Brudford 1011 Green Street Suite 513 Senate Gressette Building' Harrisburg, Pennsylvania 17102 Columbia, South Carolina 29202 Thomas J. Germine Ms. Ellyn R. Weiss Deputy Attorney General Harmon & Weiss Division of Law - Room-316 1725 I Street, N.W.
1100 Raymond Boulevard Suite 506 Newark, New Jersey 07_102 Washington, D. C.
20006
- Atomic Safety & Licensing Appeal Board Ms. Marjorie M. Aamodt U.S. Nuclear Regulatory Commission R.D. #5 Washington, D. C.
20555 Coatesville, Pennsylvaria 19320
- Atomic Safety & Licensing Board Panel William S. Jordan, III, Esq.
U.S. Nuclear Regulatory Commission Harmon & Weiss Washington, D. C.
20555 1725 'I Street, N.W.
Suite 506 Secretary Washington, D.C.
20006 U.S. Nuclear Regulatory Commission
-ATTN: Chief, Docketing & Service Br.
Washington, D.C.
20555~
~ Robert Q. Pollard 609 Montpelier Street -
-Baltimore, Maryland 21218 Chauncey Kepford Judith H. Johnsrud Environmental Coalition on Nuclear Power-433 Orlando Avenue
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LE State College,' Pennsylvania 168tl James M. Cutchiri, IV John Levin, Esq.
Counsel for NRC Staff Pennsylvania Public Utilities Comm.
Box 3265 Harrisburg, Pennsylvania 17120
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