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Category:FINDINGS OF FACT/CONCLUSIONS OF LAW
MONTHYEARML20211A1341987-02-16016 February 1987 Reply Findings of Fact of Jg Herbein.* Rejects Aamodts Assertion That Jg Herbein Aware of & Covered Up Leak Rate Test Data Falsification & Manipulation.Herbein Had No Info to Discover Leak Rate Testing Problems.W/Certificate of Svc ML20211A7491987-02-16016 February 1987 Reply of Numerous Employees to Proposed Findings of Fact & Conclusions of Law of Gpu Nuclear Corp & Aamodts.* Util Proposed Findings of Fact Followed Stier Rept Rather than Hearing Record ML20211D0861987-02-16016 February 1987 GP Miller Reply to Aamodt Proposed Findings of Fact (Submitted to Presiding Board in Form of Recommended Decision).* ML20211D1741987-02-16016 February 1987 Errata to Proposed Findings of Fact & Conclusions of Law of GP Miller.* Listed Corrections Should Be Made to 870108 Document Re Inquiry Into Facility Leak Rate Data Falsification ML20210A8321987-02-0202 February 1987 Aamodt Proposed Findings of Fact (Submitted to Presiding Board in Form of Recommended Decision).* Universal Knowledge of Leak Rate Falsifications & Subsequent Coverup by Entire Operations Mgt & Corporate Mgt Evident.Svc List Encl ML20210P1701987-02-0202 February 1987 Aamodt Proposed Findings of Fact (Submitted to Presiding Board in Form of Recommended Decision).* Corrected Findings of Fact,Reflecting Intended Dates & Annotated to Refer Reader to Documentation on Record ML20209B2721987-02-0202 February 1987 Errata to Vol 1 of Proposed Findings of Fact & Conclusions of Law of Numerous Employees.* Replacement Pages for Vol 1 Table of Contents,To Conform W/Final Table of Contents for Vol 2,encl ML20209B2641987-02-0202 February 1987 Proposed Findings of Fact & Conclusions of Law of Numerous Employees Vol 2.* ML20207Q2841987-01-23023 January 1987 Proposed Findings of Fact & Conclusions of Law of Numerous Employees Vol One.* ML20207N6291987-01-0909 January 1987 Gpu Nuclear Corp Proposed Findings of Fact & Conclusions of Law (Submitted to Presiding Board in Form of Recommended Decision).* Mgt Did Not Perform,Condone or Know of Leak Rate Test Manipulation.Certificate of Svc Encl ML20207M0911987-01-0808 January 1987 Proposed Findings of Fact & Conclusions of Law of GP Miller.* Miller Did Not Put Pressure on Operators to Obtain Leak Rate Test Results Not Exceeding Tech Spec Limits.W/Certificate of Svc ML20207M0591987-01-0808 January 1987 Proposed Findings of Fact of Jg Herbein.* No Justification for Maintaining Restrictions Currently Imposed on Herbein Re Employment at Licensed Nuclear Facility.Certificate of Svc Encl ML20209E5521986-09-0505 September 1986 Responds to TMI Alert,Inc Proposed Findings of Fact & Conclusions of Law in Form of Initial Decision on C Husted, Dtd 860815.Findings Not Adopted.Certificate of Svc Encl ML20214L6581986-09-0505 September 1986 Response to NRC Proposed Findings of Fact & Conclusions of Law Re Husted Earlier Testimony.Commission May Not Rely on Enforcement Power Over Licensee as Basis for Stripping Licensee Employee of Job ML20214L6511986-09-0505 September 1986 Response to TMI Alert Proposed Findings of Fact & Conclusions of Law in Form of 860815 Initial Decision on C Husted.Certificate of Svc Encl ML20214L0731986-08-21021 August 1986 Proposed Findings of Fact & Conclusions of Law Supporting Initial Decision ALAB-772 on C Husted.Restart Condition That Husted Have No Supervisory Responsibilities in Training of Nonlicensed Personnel Should Not Be Vacated ML20205F2921986-08-16016 August 1986 Proposed Findings of Fact & Conclusions of Law in Form of Initial Decision Re Hearing on ASLB Condition Barring Husted from Supervisory Responsibilities.Certificate of Svc Encl ML20206M8041986-08-15015 August 1986 Staff Proposed Findings of Fact & Conclusions of Law Vacating Condition Re CE Husted,Imposed on Licensee in ALAB-772.No Basis in Record for CE Husted to Be Barred from Serving as Licensed Operator.Certificate of Svc Encl ML20205F4481986-08-15015 August 1986 Proposed Findings of Fact & Conclusions of Law in Form of Recommended Initial Decision ML20100A9701985-03-22022 March 1985 Reply to Licensee Supplemental Proposed Findings of Fact in Response to Ucs Proposed Findings 283-87.No Basis Exists for Finding That Training Program Adequately Prepares Operators to Run Plant Safely.Certificate of Svc Encl ML20099H8441985-03-15015 March 1985 Supplemental Proposed Findings of Fact in Response to Paragraphs 283-287 of Ucs Proposed Findings Re Inadequate Licensed Operator Training at Facility.Certificate of Svc Encl ML20099D0271985-03-0606 March 1985 Proposed Findings of Fact in Reply to Findings of Nrc,Ucs, TMI-Alert & Commonwealth of PA Re Licensed Operator Training at Facility.Certificate of Svc Encl ML20107K7811985-02-26026 February 1985 Proposed Findings of Fact on Issue of Licensed Operator Training.Licensee Has Not Adequately Responded to Questions Raised by Aslab.Certificate of Svc Encl ML20107J7921985-02-25025 February 1985 Proposed Findings in Reply to Proposed Findings of Fact & Conclusions of Law on Dieckamp Mailgram Issue Submitted by TMI Alert & Nrc.Certificate of Svc Encl ML20107G8171985-02-25025 February 1985 Proposed Findings of Fact & Conclusions of Law on Issue of Licensed Operator Training at TMI-1.Certificate of Svc Encl ML20107G7541985-02-22022 February 1985 Proposed Findings of Fact on Issue of Licensed Operator Training.Util & Operator Accelerated Retraining Program Review Committee Have Not Fully Addressed Significant Issues Posed in ALAB-772.Certificate of Svc Encl ML20106G9041985-02-13013 February 1985 Proposed Findings of Fact & Conclusions of Law on Issue of Licensed Operator Training at Facility ML20106D1261985-02-0808 February 1985 Proposed Findings of Fact & Conclusions of Law on Dieckamp Mailgram Issue Re Mgt Phase.Certificate of Svc Encl ML20106G5431985-02-0808 February 1985 Pages 113-116 of TMI Alert Corrected Findings of Fact & Conclusions of Law on Dieckamp Mailgram Issue.Dieckamp 790509 Mailgram Contains False Statements.Licensee Support of Statement Lacks Integrity ML20106E4851985-02-0808 February 1985 Corrected Pages & Table of Contents to Findings of Fact & Conclusions of Law Re Dieckamp Mailgram Issue.Certificate of Svc Encl ML20114D0561985-01-28028 January 1985 Proposed Findings of Fact & Conclusions of Law in Form of Partial Initial Decision on Dieckamp 790509 Mailgram. Certificate of Svc Encl ML20095D2391984-08-21021 August 1984 Reply to 840810 & 20 Proposed Findings of Fact & Conclusions of Law Filed by TMI Alert & NRC Staff, Respectively.Certificate of Svc Encl ML20094H4771984-08-10010 August 1984 Proposed Findings of Fact & Conclusion of Law Re Issue of Steam Generator Repair.Certificate of Svc Encl ML20094C2731984-08-0303 August 1984 Proposed Findings of Fact,Conclusions of Law & Brief in Form of Proposed Initial Decision Re Steam Generator Repair. Certificate of Svc Encl ML20073G8101983-04-12012 April 1983 Proposed Findings of Fact & Conclusions of Law on Reopened Hearing.Certificate of Svc Encl ML20073R2541982-04-28028 April 1982 Reply to NRC 830412 Proposed Opinion,Findings of Fact & Conclusions of Law in Reopened Hearing.Objects to Nature of NRC Proposed Condition Requiring Dispatch of Auxiliary Operator.Certificate of Svc Encl ML20041E4291982-03-0404 March 1982 Suppl to 820118 Proposed Findings of Fact & Conclusions of Law on Issues Raised in Reopened TMI-1 Restart Proceeding. Certificate of Svc Encl ML20041B6011982-02-22022 February 1982 Reply to NRC 820201 Response to ASLB 811214 Directive to Rept Details of Enforcement Plan in Form of Supplemental Initial Decision ML20040C1111982-01-22022 January 1982 Reply to Parties' Proposed Findings in Reopened Restart Proceeding.Certificate of Svc Encl ML20040C1071982-01-20020 January 1982 Errata to Aamodt Proposed Findings of Fact & Conclusions of Law on Issues Raised in Reopened Restart Proceeding. Certificate of Svc Encl ML20040C1141982-01-19019 January 1982 Erratum to Commonwealth of PA Proposed Findings of Fact & Conclusions of Law on Issues in Reopened Hearing on Operator Cheating.Certificate of Svc Encl ML20040B9971982-01-18018 January 1982 Proposed Findings of Fact & Conclusions of Law on Issues Raised in Reopened TMI Restart Proceeding,Submitted in Form of Recommeded Initial Decision.Certificate of Svc Encl ML20040B1151982-01-15015 January 1982 Proposed Findings of Fact & Conclusions of Law on Issues Raised in Reopened Restart Proceeding.Certificate of Svc Encl ML20040B9931982-01-14014 January 1982 Proposed Findings of Fact & Conclusions of Law on Issues Raised in Reopened Hearing on Operator Cheating.Certificate of Svc Encl ML20040A9521982-01-12012 January 1982 Errata to 820105 Proposed Findings of Fact & Conclusions of Law.Svc List Encl ML20039E3111982-01-0505 January 1982 Proposed Findings of Fact & Conclusions of Law on Issues Raised in Reopened TMI-1 Restart Proceeding,Submitted to Special Master in Form of Recommended ASLB Initial Decision ML20005B9551981-09-0808 September 1981 Reply Findings of Fact & Conclusions of Law on Emergency Planning Issues.Related Correspondence ML20010F3861981-08-31031 August 1981 Errata to Licensee 810813 Proposed Findings of Fact & Conclusions of Law on Emergency Planning Issues. Certificate of Svc Encl ML20010E4591981-08-27027 August 1981 Reply to Proposed Findings of Fact & Conclusions of Law on Emergency Planning Issues.Certificate of Svc Encl ML20010C5351981-08-18018 August 1981 Findings of Fact & Conclusions of Law on Emergency Planning Contention 1 (Aamodt Contention 4 Re Notification). Certificate of Svc Encl 1987-02-02
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20210B8491999-07-21021 July 1999 Exemption from Certain Requirements of 10CFR50.54(w),for Three Mile Island Nuclear Station Unit 2 to Reduce Amount of Insurance for Unit to $50 Million for Onsite Property Damage Coverage ML20206D4141999-04-20020 April 1999 Exemption from Requirements of 10CFR50,App R,Section III.G.2 Re Enclosure of Cable & Equipment & Associated non-safety Related Circuits of One Redundant Train in Fire Barrier Having 1-hour Rating ML20206T7211999-02-11011 February 1999 Memorandum & Order (CLI-99-02).* Denies C George Request for Intervention & Dismisses Subpart M License Transfer Proceeding.With Certificate of Svc.Served on 990211 ML20198A5111998-12-11011 December 1998 Comment Opposing Proposed Rule 10CFR50.65 Re Requirements for Monitoring Effectiveness of Maintenance at Nuclear Power Plants.Proposed Rulemaking Details Collaborative Efforts in That Rule Interjects Change ML20154G2941998-09-17017 September 1998 Transcript of 980917 Public Meeting in Rockville,Md Re License Transfer of TMI-1 from Gpu Nuclear,Inc to Amergen. Pp 1-41 ML20199J0121997-11-20020 November 1997 Comment on Pr 10CFR50 Re Financial Assurance Requirements for Decommisioning Nuclear Power Reactors.Three Mile Island Alert Invokes Comments of P Bradford,Former NRC Member ML20148R7581997-06-30030 June 1997 Comment on NRC Proposed Bulletin 96-001,suppl 1, Control Rod Insertion Problems. Licensee References Proposed Generic Communication, Control Rod Insertion, & Ltrs & 961022 from B&W Owners Group ML20078H0431995-02-0101 February 1995 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & Lowpower Operations for Nuclear Reactors ML20077E8231994-12-0808 December 1994 Comment Supporting Proposed Rules 10CFR2,51 & 54 Re Rev to NRC NPP License Renewal Rule ML20149E2021994-04-20020 April 1994 R Gary Statement Re 10 Mile Rule Under Director'S Decision DD-94-03,dtd 940331 for Tmi.Urges Commissioners to Engage in Reconsideration of Author Petition ML20065Q0671994-04-0707 April 1994 Principal Deficiencies in Director'S Decision 94-03 Re Pica Request Under 10CFR2.206 ML20058A5491993-11-17017 November 1993 Exemption from Requirements in 10CFR50.120 to Establish, Implement & Maintain Training Programs,Using Sys Approach to Training,For Catorgories of Personnel Listed in 10CFR50.120 ML20059J5171993-09-30030 September 1993 Transcript of 930923 Meeting of Advisory Panel for Decontamination of TMI-2 in Harrisburg,Pa.Pp 1-130.Related Documentation Encl ML20065J3461992-12-30030 December 1992 Responds to Petition of R Gary Alleging Discrepancies in RERP for Dauphin County,Pa ML20065J3731992-12-18018 December 1992 Affidavit of Gj Giangi Responding to of R Gary Requesting Action by NRC Per 10CFR2.206 ML20198E5581992-12-0101 December 1992 Transcript of Briefing by TMI-2 Advisory Panel on 921201 in Rockville,Md ML20210D7291992-06-15015 June 1992 Exemption from Requirements of 10CFR70.24 Re Criticality Accident Requirements for SNM Storage Areas at Facility Containing U Enriched to Less than 3% in U-235 Isotope ML20079E2181991-09-30030 September 1991 Submits Comments on NRC Proposed Resolution of Generic Issue 23, Reactor Coolant Pump Seal Failure. Informs That Util Endorses Comments Submitted by NUMARC ML20066J3031991-01-28028 January 1991 Comment Supporting SECY-90-347, Regulatory Impact Survey Rept ML20059P0531990-10-15015 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N5941990-10-0404 October 1990 Transcript of 900928 Public Meeting in Rockville,Md Re Studies of Cancer in Populations Near Nuclear Facilities, Including TMI ML20055F4411990-06-28028 June 1990 Comment Supporting Petition for Rulemaking PRM-50-55 Re Revs to FSAR ML20248J1891989-10-0606 October 1989 Order.* Grants Intervenors 891004 Motion for Permission for Opportunity to Respond to Staff Correspondence.Response Requested No Later That 891020.W/Certificate of Svc.Served on 891006 ML20248J1881989-10-0303 October 1989 Motion for Permission for Opportunity to Respond to Staff Correspondence in Response to Board Order of 890913.* Svc List Encl ML20248J0301989-09-29029 September 1989 NRC Staff Response to Appeal Board Order.* Matters Evaluated in Environ Assessment Involved Subjs Known by Parties During Proceeding & Appear in Hearing Record & Reflect Board Final Initial Decision LBP-89-7.W/Certificate of Svc ML20247E9181989-09-13013 September 1989 Order.* Requests NRC to Explain Purpose of 890911 Fr Notice on Proposed Amend to Applicant License,Revising Tech Specs Re Disposal of Accident Generated Water & Effects on ASLB Findings,By 890929.W/Certificate of Svc.Served on 890913 ML20247G0361989-07-26026 July 1989 Transcript of Oral Argument on 890726 in Bethesda,Md Re Disposal of accident-generated Water.Pp 1-65.Supporting Info Encl ML20247B7781989-07-18018 July 1989 Certificate of Svc.* Certifies Svc of Encl Gpu 890607 & 0628 Ltrs to NRC & Commonwealth of Pa,Respectively.W/Svc List ML20245D3651989-06-20020 June 1989 Notice of Oral Argument.* Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from ASLB 890202 Initial Decision Authorizing OL Amend,Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890620 ML20245A5621989-06-14014 June 1989 Order.* Advises That Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from Board 890202 Initial Decision LBP-89-07 Authorizing OL Amend Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890614 ML20247F3151989-05-22022 May 1989 NRC Staff Response to Appeal by Joint Intervenors Susquehanna Valley Alliance/Tmi Alert.* Appeal Should Be Denied Based on Failure to Identify Errors in Fact & Law Subj to Appeal.W/Certificate of Svc ML20246Q2971989-05-15015 May 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20246J6081989-05-12012 May 1989 Licensee Brief in Reply to Joint Intervenors Appeal from Final Initial Decision.* ASLB 890203 Final Initial Decision LBP-89-07 Re Deleting Prohibition on Disposal of accident- Generated Water Should Be Affirmed.W/Certificate of Svc ML20247D2761989-04-20020 April 1989 Transcript of 890420 Briefing in Rockville,Md on Status of TMI-2 Cleanup Activities.Pp 1-51.Related Info Encl ML20244C0361989-04-13013 April 1989 Order.* Commission Finds That ASLB Decision Resolving All Relevant Matters in Favor of Licensee & Granting Application for OL Amend,Should Become Effective Immediately.Certificate of Svc Encl.Served on 890413 ML20245A8381989-04-13013 April 1989 Transcript of Advisory Panel for Decontamination of TMI-2 890413 Meeting in Harrisburg,Pa.Pp 1-79.Supporting Info Encl ML20245A2961989-04-13013 April 1989 Transcript of 890413 Meeting in Rockville,Md Re Affirmation/Discussion & Vote ML20248H1811989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* W/Certificate of Svc.Served on 890411.Granted for Aslab on 890410 ML20248G0151989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* Requests to File Appeal Brief 1 Day Late Due to Person Typing Document Having Schedule Problems ML20248G0261989-04-0606 April 1989 Susguehanna Valley Alliance/Tmi Alert Brief in Support of Notification to File Appeal & Request for Oral Argument Re Appeal.* Certificate of Svc Encl ML20248D7211989-04-0404 April 1989 Memorandum & Order.* Intervenors Application for Stay Denied Due to Failure to Lack of Demonstrated Irreparable Injury & Any Showing of Certainty That Intervenors Will Prevail on Merits of Appeal.W/Certificate of Svc.Served on 890404 ML20247A4671989-03-23023 March 1989 Correction Notice.* Advises That Date of 891203 Appearing in Text of Commission 890322 Order Incorrect.Date Should Be 871203.Certificate of Svc Encl.Served on 890323 ML20246M2611989-03-22022 March 1989 Order.* Advises That Commission Currently Considering Question of Effectiveness,Pending Appellate Review of Final Initial Decision in Case Issued by ASLB in LBP-89-07. Certificate of Svc Encl.Served on 890322 ML20236D3821989-03-16016 March 1989 Valley Alliance & TMI Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of 2.3 Million Gallons Of....* Certificate of Svc Encl.Served on 890316.Granted for Aslab on 890316 ML20236D3121989-03-15015 March 1989 Licensee Answer to Joint Intervenors Motion for Extension of Time to File Brief on Appeal.* Motion Opposed Based on Failure to Demonstrate Good Cause.W/Certificate of Svc ML20236D2901989-03-11011 March 1989 Valley Alliance/Tmi Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of Disposal of 2.3 Million Gallons of Radioactive Water at Tmi,Unit 2.* Svc List Encl ML20236A3761989-03-0808 March 1989 Licensee Answer Opposing Joint Intervenors Motion for Stay.* Stay of Licensing Board Decision Pending Appeal Unwarranted Under NRC Stds.Stay Could Delay Safe,Expeditious Cleanup of Facility.Certificate of Svc Encl ML20236C2441989-03-0808 March 1989 NRC Staff Response in Opposition to Application for Stay Filed by Joint Intervenors.* Application for Stay of Effectiveness of Final Initial Decision LBP-89-07,dtd 890202 Should Be Denied.W/Certificate of Svc ML20235V2641989-03-0202 March 1989 Notice of Aslab Reconstitution.* TS Moore,Chairman,Cn Kohl & Ha Wilber,Members.Served on 890303.W/Certificate of Svc ML20235V2161989-02-25025 February 1989 Changes & Corrections to Susquehanna Valley Alliance/Three Mile Island Alert Documents Submitted on 890221.* Certificate of Svc Encl 1999-07-21
[Table view] |
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g UNITED STATES OF AMERICA -
NUCLEAR REGULATORY C0!'JtISSIO*.
Before the Atomic Srrecy and Licensino Board In the !!atter of )
Metropolitan Edison Co. , et al. Docket No. 50-289 (Three Mile -Island, Unit'T)- )
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[4 h s k ENVIRONMErlTAL C0ALITION O'l NUCLEAR P0'<fER'S PROPOSED FI !DI';GS OF FACT A'iD CO*;CLUSIO!4S OF LAWS ON E!'ERGENCY PL!t;ING ISSUES D
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Table of Contents page I Introduction . . . . . . . . . . . ,s...... . . . . ... 1 II Fi n d i n gs ~ of Fa ct . - . . . . . . . . . . . . . . . . . . . . . . 2 III Con cl us i on s o f L aw . . . . . . . . . . . . . . . . . . . . . . 5 is s D501
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- l. The Proposed Findings of Fact an$11s G of Law here submitted d ConcSsaont on behalf of Intervenors Environmental Coalition on Nuclear Power (ECNP) are
, brief and, in the view of these Intervenors, inadequate to the need in conse-quence of 1) the refusal of the Nuclear Regulatory Commission (NRC) to provide transcripts, other procedural assistance, of funding to public interest citizen intervenors; 2) the lengthy delay in and incomplete delivery of tran-scripts of this proceeding to the Local Public Documents Room; and 3) insufficient availability of private funding or time for the ECNP Legal Representative to prepare complete Findings of Fact and Conclusions of Law on Emergency Planning Issues.
- 2. The Environmental Coalition on Nuclear Power adopts the Proposed Pindings of Fact and Conclusions of Law on Emergency Planning issues which are being submitted on behalf of several intervening parties by Lead Intervenors Newberry Township TMI Steering Cor.nittee (Newberry) and Anti-Muclear Group Representing York, (ANGRY) except where such Findings may contradict Findings submitted here by ECNP, in which instance ECNP adopts the latter.
- 3. ECNP al.io adopts here the portion of the Proposed Findings of Fact and Conclusions of Law entitled " Legal Standards on Emergency Planning Issues" submitted by the Co.monwealth of Pennsylvania, except in any instances which contradict the Conclusions of Law submitted by Newberry, ANGRY, or ECi1P, in which cases ECNP adopts the latter positions, or except in any other instances noted herein.
- 4. With this filing, in part, ECNP preserves its rights to participate as a full party in any appeals relating to emergency planning issues raised in this proceeding. .
< II Findings of Fact
- 5. These brief findings supplement the findings adopted by EC'!P.
-6. Basic to the protection of the public in the event of a radiological emergency is avoidance of exposure to radiation. IlRC Staff witness Brian-Grimes stated that it is reasonable to conclude from discussion of acceptable .
and unacceptable doses to the public. (Tr. 15, 187-15, 193, Grimes) that the NRC draws no numerical distinction between that which is an acceptable dose under accident conditions and that which is an unacceptable dose. (Tr. 15, 19 at 14. See correction of error in the record, Tr.18, 630 at 16-20). Since
. there is, as the witness here testified, no numerical dose level or cutoff at -
which NRC would reauire evacuation, as opposed to sheltering, there is no
' ~
assurance that the statutory requirement for the protection of the public health and safety can or will be met.
/. In the emergency planning guidance document, " Criteria for the Preparation and Evaluation of Radiological Emergency Response Plans and Prepardedness in Support of Nuclear Power Plants," NUREG-0654/ FEMA-REP-1, Pav.1,1980 (NUREG-0654)(identified as Staff Exhibit 7 admitted into evidencc),
Appendix 1, at p.1 states, in describing the four Emergency Action Levels:
The general emergency class involves actual or imminent substantial core degradation or melting with the potential for loss of contain.nent. The imediate action for this class is sheltering (staying inside) rather than evacuation until an assessment can be ma'de that (1) an evacuation is indicated and (2) an evacuation, if indicated, can be completed prior to signi-cant release and transport of radioactive material to the affected areas.
- 8. NRC Staff witness Grimes stated that "any amount of radiation-is damaging. (Tr.15,191 at 14).
- 9. Thus, in the absence of a specification by NRC witnes's Grimes or others of a maximum dose which members of the public are permitted by NRC ,
to receive before being evacuated in the course of a general emergency, the
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guidance which is required by the flRC Final Rule to be used .in Licensee emergency response preparedness in fact gives a reasonable expectation that emergency plans will not provide adequate protection of the public health an'd safety as is required by law. The Board therefore must find that reason-4 able assurance of compliance with the law as well as the ilRC regulations and the Commission's August 9,1979, Order has not been demonstrated by the Suspended Licensee.
- 10. The NRC does not set time limitations upon the licensee for recogni-tion and determination of any given level of accident severity. (Tr. 15,175 at 15,16, Chesnut). Adequately prompt notification of State and Local authorities to initiate emergency protective actions is therefore contingent upon the capability of and integrity of licensee plant operators to recognize and properly evaluate the standard initiating conditions for each Emergency Action Level (Tr. 15, 174-80, Grimes and Chesnut)(Also NUREG-0554, Appendix 1)..
- 11. The Environmental Protection Agency's Protective Action Cuides are designed for the assessment of projected dose to the public rather than potential dose cormitnent during the course of an accident. (Tr. 15, 184, 187-8), Chesnut and Grimes). A recent cox;unication has brought to the attention of ECNP an NRC Staff memo that was quoted as recommending for TMI and other reactors that the Protective Action Guidelines should in fact be -
based upon potential dose commitments, relative to potential radiation release levels, rather than upon projected dose to the public based upon a release source tem. (flRC Staff memorandum dated September 28, 1979, from the Deputy Director of NRC Region 1 Office to Mr. James H. Sniezck, NRC Office of Inspection and Enforcement, entitled "TMI Radiological Investigation Team Recommendation for Long-term TMI Improvements and/or Other Power Reactor Sites.")
The record of this proceeding should be reopened to introduce testimony and this document into evidence with respect to the adequacy of the EPA PAG's to provide adequate protection of the health and safety of the public. NRC Staff L
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recomendations:for additional emergency response capability asut be but has not been, introduced into this
. cord before a finding of adequacy of emergency response planning can-be reached by this Board.(See also Molholt. '
--testimony 1-3, ff Tr.19, 690).
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III Conchsions 'of Law
- 12. -The fundamental laws governing this Board's decision are the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, which require-the Comission to protect the public health and safety, and the National Environmental Policy Act of 1969, which requires consideration of all environmental effects for the full period of toxicity of any pollutants in taking of a Federal action.
13 Even more fundamental to this Board's decision-making authority under the Atomic Energy, Energy Reorganization, and National Environmental Policy Acts 'are Constitutional guarantees of all citizens.
14 Specific governance- of the Board's decision lies in the Commission's '
August 9,1979, Order an i Notice of Hearing (CLI-79-8; 10 NRC 141) and the Coranission's August 19,1980, Final Rule on Emergency Planning (45 FR55, 40?'
wherein are established that the Board must consider both the necessity and the sufficiency of the short-tem and lona-tem requirements and that the Licensee must comply fully with the requirements of the Final P.ule prior to being granted pemission by the Counission to opera e TMI Unit 1.
15 This Board's consideration of the issues and evidence in tnis .
proceeding is based upon 10 CFP. 2.732 that the Suspended Licens_ bears t!.e full burden of proof that all requirements have been fully and properly met.
16 Under the Final Rule on Emergency Planning, this Board is required to base its findings and conclusions on unequivocal demonstration by the Suspended Licensee that there is reasonable assurance that protective measures adequate to protect the health and safety of the public not only can but will g carried out in the event of a radiological emergency at Three Mile Island.
17 The Board bases its decision with respect to emergency response issues on an understanding that the Coranission does not in its Final Rule.
. 1 m . . . .. . .
and cannot under the Ato.. tic Energy Act and Energy Reorganization Act, delegate its statutory authority and responsibility to evaluate and ultimately deter -
mine the adequacy of Licensee, State, and Local emergency response capability to the Federal Emergency Management Agency; the !'emorandun of Understanding-between NRC and FE!'A recognizes that the ulticate locus of responsibility lies with the Comission.
- 18. The Board concludes that the Suspended Licensee has not met fully its burden of proof to demonstrate that emergency response planning for TMI-l can and will provide a reasonable degree of assurance that the public health and safety will be properly protected in the event of a radiological emergency-at Three Mile Island.
- 19. The Board finds that all deficiencies and irajequate demonstrations of the workability must be corrected and proof of cort action supplied before a,pproval for restart of TtC 1 by the Commission can be granted. The Board recomends that the Commissi.. a ..y the Suspended Licensee's request to operate TMI-1.
Respectfully submitted,
/hr Y /), ! Y V
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Dr. Judith H. Johnsrud,
, Co-Director, ECNP Dated this /f>$d ay of August,1981
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. CERTIFICATE OF SERVICE I certify that copies of EtlVIR0:l"E'lTAL C0ALITIO:10:1 !!UCLEAR PO!!ER'S PROPOSED FI?!DII'GS OF FACT A*10 C0:!CLUSIO:1S OF LA',! 0:1 Ef<ERGE!!CY PLA't: LING ISSUES hav'a been served on the follo.J: ng parties by deposit in the U.S. Mails,
, first class, postage paid, this /f > day of August,1981.
. / Ar/// /dswh #
JudithH.JoInsrud Ivan W. Suith, Esq., Administrative lis. !!arjorie M. Aamodt Judge, R.D. b Atomic Safety and Licensing Board Panel Coatesville, PA 19320 U.S. Nuclear Regulatory Commission
, Mr. Thomas Gerusky ~
Washington, D.C. 20555 Bureau of Radiation Protection
- Ur. tialter H. Jordan, Aduinistrative Dept. of Environmental Resources Judce P.O. Box 2063 -
U.S. fluclear Regulatory Commission Harrisburg, Pennsylvania 17120 Washi'gton, D.C. 20555
. Mr.11arvin I. Lewis Dr. Linda W. Little, Administrative 6504 Bradford Terrace Judge . Philadelphia, Pennsylvania 19149 U.S. Ndclear Regulatory Comission Washington, D.C.'20555
. George F. Trowbridge, Esq.
Shaw, Pittman, Potts & Trowbridge, .
1800 M Street,it.W.
I!ashington, D.C. 20006 Ms. Jane Lee R.D. 3; Box 3521 Robert Adler Esq. Etters, Pennsylvania 17319 5U5 Executiv,e House P. O. Box 2357 Walter W. Cohen, Consumer Advocate Harrisburg, Pennsylvania 17120 Department of Justice Strawberry Square,14th Floor Honorable Mark Cohen Harrisbur,g, Pennsylvania 17127 512 0-3 ttain Capital Building Harrisburg, Pennsylvania 17120 ,
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Deputy Attarney Gene'ral -
Division of Law - Room 316 --
.1100 Raymond bouis ~ '
Newark, New Jc
' Allen T.. Carcer, cnairman John Levin Esq.
Joint legislative Committee on Energy. Pennsylvania,Public Utilities Comm.
- Pos: Office Box 142 Box 3265 Harrisburg, Pennsylvania 17120 Suite 513 Senate Gressette Building ,
Columbia, South. Carolina 29202 Jordan D. Cunningham, Esq.
Fox, Farr and Cunningham Robert Q. Pollard 2320 North 2nd Street 609 Montpelier Street Harrisburg, Pennsylvania 17110 Baltimore, Maryland 21218
- - Louise Bradford 1011 Green Street Harrisburg, Pennsylvania 17102 its. E)1yn R. Weiss Harmon & Ueiss ,
, ils. F rieca Berryhill, Chairman 1725 I Street, N.W. -
! Coalition for. Nuclear Power Plant Suite 506 Postponement Uashington, D.C. 20006 2610 Grendon Drive Mr. Steven C. Sholly Wilmington, Delaware 19808 Union of Concerned Scientists 1725 I Street, N.W.
Gail P. Bradford Suite 601 ANGRY Washington, D.C. 20006 245 W. Philadelphia St.
York, Pennsylvania 17401 Atomic Safety and Licensing Appeal Board U.S. Nuclear Re0ulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 James Tourtell' tte James M. Cutchin, IV 4 Secretary .
Counsel for NRC Staff U.S. Nuclear Regulatory Commission U.S. Noolear Regulatory Commission I ATTH: ' Chief, Docketing & Service Br. ,
Washington, D.C. 20555 Washington, D.C. 20555 l,
William S. Jordan. III Esq.
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. Harmon & We.ss 1725 I Street, N.W. ,
Suite 506 Washington, D.C. 20006 I
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