ML20050N539

Notice of Withdrawal of Licensee Exception 2 Filed on 820208.ASLB 820405 Memorandum & Order Approving NRC Plan of Implementation Modified License Condition Sufficiently to Correct Misunderstanding in Record.W/Certificate of Svc

ML20050N539
Person / Time
Site:	Three Mile Island
Issue date:	04/09/1982
From:	Baxter T METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 8204140393
Download: ML20050N539 (7)

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• LIC 4/9/82 UNITED STATES OF AMERICA .

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD [f 12 Mi WI In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

NOTICE OF WITHDRAWAL OF LICENSEE EXCEPTION NO. 2 Licensee Exception No. 2, filed with the Atomic Safety and Licensing Appeal Board on February 8, 1982, states as follows:

The decision by the Licensing Board to Nh Urf require as a condition for restart that Licensee?', Y suspend work in the Unit 1 area of the fuel , #

handling building during any Unit 2 fuel mov 6 7,- ,of .9 9 ments is not supported by evidence in the record.V .c - . -

and is inappropriate for inclusion as a licenid ' g D, J$,f+ 9 3 condition. See PID SS 1256, 1326(a). 'd C f p@ e, Licenseefiledwiththek

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On February 22, 1982, Safety and Licensing Board a ". . . Reply to the NRC Staff's -

Response to Licensing Board's Direccive to Report Details of 1 its Enforcement P].an in the Form of a Supplemental Initial Decision" (" Licensee 's Reply") . Among the matters addressed in Licensee's Reply was the Staff's proposal for implementing the Licensing Board's finding that during any Unit 2 fuel move-ments Licensee will suspend work in the Unit 1 area of the fuel handling building -- the subject of Licensee Exception No. 2.

In the reply, Licensee proposed for the Licensing Board's consideration a modification of this requirement which would Dgg]

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correct a misunderstanding of the record. Licensee further indicated that if its proposed modification to the license condition were adopted, Licensee's Exception No. 2 could be withdrawn.

Anticipating a favorable resolution of the matter with the Staff and the Licensing Board, Licensee filed on March 1, 1982, a motion to suspend briefing on its Exception No. 2. In an Order dated March 4, 1982, the Appeal Board granted a 30-day deferral of the briefing schedule on this exception -- requiring that Licensee's brief be filed by April 9, 1982. In its Order, the Appeal Board raised the question as to whether any requests for changes in the .

, Licensing Board's decision should now be addressed to the Appeal Board, rather than to the Licensing Board. Concern was expressed about the opportunity for other parties, such as the Commonwealth of Pennsylvania, to present their views 1/

on any changes in the decision.- The Appeal Board recognized, however, that the issues included in Licensee's Exception No. 2 were part of the conditions under consideration by the Licensing Board and, to that extent, may not yet be suitable for appellate resolution.

On March 10, 1982, the Staff filed its ". . . Response to Licensee's Reply to the Staff's Enforcement Plan." There the Staff set forth yet a third edition of this proposed license 1/ In a Memorandum and Order dated March 2, 1982, the Licensing Board announced an opportunity for the Staf f and any other party to file a response to Licensee's Reply.

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condition (the Staff's proposal of February 1, and Licensee's of February 22 having been abandoned). The new proposal had been discussed among counsel for the Staff, the Commonwealth and Licensee, and all three parties . endorsed the proposal for adoption by the Licensing Board.

In its " Memorandum and Order Modifying and Approving NRC Staff's Plan of Implementation," April 5, 1982, the Licensing Board adopted the modified proposed condition as its own. The.

Licensing Board, however, also recognized the question of jurisdiction. The Licensing Board observed that the change goes to the decision itself, not just to the Staff's implemen-tation plan. Because it specifically retained jurisdiction

, to approve the Staff's implementation plan, however, the Licensing Board proceeded as if it continued to have juris-diction to decide not to implement an order which it no longer supported.

! On the basis of the Licensing Board's Memorandum and Order, Licensee hereby withdraws its Exception No. 2.

No further brief is contemplated on the issues associated with that exception. Further, in the unique circumstances presented here -- with a partial initial decision followed by a supplement planned for in the original decision -- the Licensing Board was correct in its treatment of the juris-dictional question. If the Appeal Board disagrees, however, Licensee respectfully requests that it issue an order modifying O

e the Licensing Board's decision consistent with that Board's ,

4 Memorandum and Order of April.5, 1982. 7 Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE George F. Trowbri'dge, P.C Thomas A. Baxter, P.C.

Robert E. Zahler Counsel for Licensee 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 Dated: April 9, 1982 i

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i LIC 4/9/82 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

)'

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island liuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Notice of Withdrawal of Licensee Exception No. 2" were served this 9th day of April, 1982, by deposit in the U.S. mail, first class, postage prepaid, to the other parties on the attached Service List.

Thomas A. Baxter, P.C.

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i UNITED ' STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of -)

). .

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear ) ~

Station, Unit No. 1) )

SERVICE LIST Cary J. Edles, Esquire Janes M. Cutchin, IV, Esquire Chainran Office of the Executive Iegal Director Atcmic Safety and Licensing Appeal U.S. Nuclear Regulatory Cemnission Board Washington, D.C. 20555 U.S. Nuclear Regulatory Co: mission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary Dr. John H. Buck U.S. Nuclear Regulatory Ccumissicn' Atcrcic Safety and Licensing Appeal Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Comnission John A. Ievin, Esquire Washington, D.C. 20555 Assis'at Cbunsel Pennsylvania Public Utility Cconission Dr. Paginald L. Gotchy P.O. Box 3265 Atcmic Safety and Licensing Appeal Harrisburg, Pennsylvania 17120 '

Board Panel U.S. Nuclear Regulatory Ccamission Ibbert Adler, Esquire

Washington, D.C. 20555 Assistant Attorney General

! 505 Executive House l Ivan W. Smith, Esquire P.O. Box 2357 l Chairman Harrisburg, Penrsylvania 17120 Atcmic Safety and Licensing Board

! U.S. Nuclear Regulatory Conmission John E. Minnich

! Washington, D.C. 20555 Chairran, Dauphin Cotmty Board of Ccnmissioners Dr. Walter H. Jordan Dauphin County Courthouse Atcmic Safety and Licensing Board Front and Market Streets Panel Harrisburg, Pennsylvania 17101 881 West Outer Drive Oak Ridge, Tennessee 37830 . Walter W. Cchen, Esquire Office of Const:ner Advocate Dr. Linda W. Little .1425 Strawberry Square Atcmic Safety and Licensing Ecard *Harrisburg, Pennsylvania 17127 Pane'

. 5000 Hennitage Drive Jordan D. Cunnin: ham, Esquire Raleigh, North Carolina 27612 2320 North Seccnd Street Harrisburg, Pennsylvania 17110

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Ms. Icuise Bradford Joseph R. Gray, Esquire DfI ALERT Office of the Executive Legal Director 1011 Green Street U.S. Nuclear Regulatory Ccmnission Harrisburg, Pennsylvania 17102 Washington, D.C. 20555 .

Ellyn R. Weiss, Esquire Harnen & Weiss -

1725 Eye Street, N.W., Suite 506 -

Washington, D.C. 20006 Steven C. Sholly -

Union of Concerned Scientists 1346 Connecticut Avenue, N.W. , Suite 1101 Washington, D.C. 20036 .

Gail B. Phelps ANGRY 245 West Philadelphia Street York, Pennsylvania 17404

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William S. Jordan, III, Esquire HarTon & Weiss 1725 Eye Street, N.W., Suite 506 -

Washington, D.C. 20006

- Pobert Q. Pollard 609 bbntpelier Street Baltinere, Maryland 21218 Chauncey Kepford Judith H. Johnsrud Enviromental Coalition en Nuclear Power 433 Orlando Avenue .

State College, Pennsylvania 16801 Marvin I. Iawis 6504 Bradford Terrace Philadelphia, Pe.nnsylvania 19149 PAdorie M. AaW.t R. D. 5 Coatesville, Pennsylvania 19320 Thornas J. Germine, Esquire Deputy Attorney General Division of law - Poom 316 1100 Paynend Boulevard -

Newark, Nea Jersey 07102 9

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