ML20023E218

Responds to Addressed to Wj Dircks & Forwards Priority Concerns of Licensed Nuclear Operators at TMI & Oyster Creek & Suggested Action Steps & Review of Current & Projected Expenditures & Manpower Utilization for Gpu

ML20023E218
Person / Time
Site:	Oyster Creek, 05000000, Crane
Issue date:	06/13/1983
From:	Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Lewis M LEWIS, M.
Shared Package
ML20023E219	List: ML20023E218 ML20023E221 ML20023E223
References
NUDOCS 8306150174
Download: ML20023E218 (2)

Text

a June 13, 1983 i

Mr. Marvin I. Lewis 6504 Bradford Terrace Philadelphia, PA 19149 In the Matter of METROPOLITAN EDIS0N COMPANY, ET AL.

(Three Mile Island Nuclear Station, Unit No. 1)

Docket No. 50-289

Dear Mr. Lewis:

Your letter of May 23, 1983 to William J. Dircks has been forwarded to me for response.

In that letter, you requested a copy of the BETA and RHR management audits for General Public Utilities. A copy of each of those reports is enclosed.

You also request in your letter that you be placed on " appropriate mailing lists,"-indicating that you consider yourself a participant in the management phase of the TMI-1 Restart Proceeding, since you "have now raised a formal issue and have been answered by the NRC Staff." Presumably, you are referring to your document dated April 18, 1983 entitled " Request for Relief Concerning Leak Rate Issue" (" Request") and the Staff's response thereto dated May 9, 1983.

In its answer to your Request, the Staff noted that:

' Mr. Lewis is not a party to the management or cheating phase of the restart proceeding. The Licensing Board ruled that Mr. Lewis lacked standing in the restart proceeding but, in its discretion, allowed Mr. Lewis to intervene solely with respect to the adequacy of the TMI-1 filter system for radioactive effluents - an issue unreleated to the management and cheating issues. Mr. Lewis therefore does not have standing to request the Commission to defer its immediate effectiveness decision because of his concerns over matters relating to management issues, and his request could be dismissed on the basis of lack of standing alone.

[citationomitted).

NRC Staff's Answer to Marvin I. Lewis Request for_ Relief Concerning Leak Rate Issue, May 9, 1933, at 2, n.2.

The fact that the Staff filed an answer to your request with the Commission does not confer standing upon you. Standing in a proceeding may not be conferred by the Staff, but must be determined by the Conunission, the presiding officer or the licensing board designated to rule on petitions to intervene. As noted above, you were specifically found by the Licensing Board not to have standing in the restart proceeding but you were admitted as a party, in the Licensing Board's discretion, with your participation 8306150174 830613 PDR ADOCK 05000289 H

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'" strictly limited" to the filter system issue.

First Special Prehearing Conference Order, LPD-79 34,10 NRC 828, at 853 54 (1979).

In any event, since you are a party on this limited issue, you are included on the NRC

' Staff's service lists for the TMI-1 restart proceeding.

Sincerely, Orldnal d2M3 If

]ES P. Marf2y Guy H. Cunningham, III Executive Legal Director DISTRIBUTION:

M. Wagner (2)

J. Cutchin J. Goldberg R. Rawson J. Gray J. Murray G. Cunningham chron E. Christenbury J. Lieberman DMB/PDR LPDR Formal Files (2)

Snyder (AR-5200) hE2XX)(415))

Gilbert (416)

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