ML20053D581

Request for Hearing on License Amends & Conditions Required Prior to Restart.Certificate of Svc Encl

ML20053D581
Person / Time
Site:	Three Mile Island
Issue date:	06/03/1982
From:	Jordan W HARMON & WEISS, PEOPLE AGAINST NUCLEAR ENERGY
To:	NRC COMMISSION (OCM)
References
NUDOCS 8206070086
Download: ML20053D581 (10)

Text

-

• • \ .L

f b C~ l ' U.

t , UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY ,COMMISSIONZ2 m -4 Al0:26 Yf Ei.. . i-In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) ) .

, ) ,

PEOPLE AGAINST NUCLEAR ENERGY REQUEST FOR HEARING ON LICENSE AMENDMENTS AND CONDITIONS REQUIRED PRIOR TO RESTART OF TMI-l In the accompan ing response to the Licensee's Motion

- with Respect to the Psychological Health Issue, People Against Nuclear Energy (PANE) discusses the Licensee's .

argument that the Three Mile Island Unit No. 1 restart hearing was discretionary, an'd therefore not part of the 1

" existing agency review process" in which psychological ,

/

health issueo must be considered pursuant totthe National Environmental Policy,Act. We point out that both the Licensing Board and the NRC Staff have concluded that various license amendments are required prior to restart in. order to assure the public health and safety. ,

Under Section 189(a) of the Atomic Energy Act, 42 U.S.C.

2239(a), PANE is entitled to a hearing on such license modifi-cations if it requests one, assuming it meets all other standing requirements. We prefer to view the restart 95o3 5

1 I I F206070006 B20603 -

PDR ADOCK 05000289

• G PDR

. 1 2

4

, proceeding as the hearing r,equired by the Atomic Energy Act with respect to the various license modifications.

The restart hearing should be treated as non-discretionary and as the existing agency review process in which NEPA issues are considered. If the restart hearing is treated

.t in that manner, this hearing request is unnecessary.

If the restart hearing is considered to have been entirely discretionary, PANE and all other persons with standing have a right to a separate h' earing under the Atomic Energy Act prior to implementation of the license amendments and modifications that.are' conditions of restart. In the event the Commission decides to treat the restart hearing as having been entirely discretionary, and if it rules that NEPA issues need not be considered in the restart i

hearing, PANE hereby requests a hearing under Section 189(a) of the Atomic Energy Act on all license mmendments, conditions, or modifications arisins;out of the restart hearing.

l 2 In the resultant hearing, PANE expects to address the issue of the psychological health damage and community impact that would be caused if the license amendments, conditions, or modifications were granted and restart were allowed to l 1 I

proceed. Those issues were held to be cognizable under NEPA in People Against Nuclear Energy v. U.S. Nuclear Regulatory Commission, Docket No. 81-1131 (filed May 14, 1982).

I l

/

i . y.

3 J'

d In connection with this hearing request, PANE refers the Commission to its original Petition to Intervene in the restart proceeding and to its original contentions, both of which are attached (without affidavits). We also note that the restart Licensing Board has already ruled that PANE has satisfied the NRC's standing requirements. Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit No. 1),

LBP-79-34, 10 NRC 828, 850 & n. 17 (1979).

Finally, we emphasize that we are not seeking to duplicate the restart hearing that has gone before. Rather, we are seeking recognition of the fact that since the Atomic Energy Act requires hearings, if requested, with respect to proposed license amendments, such hearings constitute the " existing agency review process" for NEPA purposes. In this case the restart proceeding may have begun as a discretionary hearing, but when the point was reached that license amendments, i

l modifications, and conditions were at issue and became l conditions of restart, all interested parties were entitled to a hearing as a matter of right, and they were entitled to litigate all relevant issues, including those arising under s'

NEPA. The right_to litigate those NEPA issues cannot be eliminated by the slight-of-hand of continuing to pretend

, /

l. that _he res.Lart hearing was discretionary.

l ,

l W-l 4

l

• 4

?

PANE requests a prompt ruling from the Commission on this request and the accompanying filing in order to permit prompt judicial review should that be necessary.

Respectfully submitted, WW ,JR William . Jordan, III '

Date: June 3, 1982 HARMON & WEISS i

1725 I Street, N.W.

Suite 506 Washington, D.C. 20006 (202) 833-9070 f

i

,, , , . . ,.,.,_n, , - - . . , _ . , , , . - , ,

. 1 84 *

, . \

i -

{

' UNITED STATES OF AMERICA .' .

NUCLEAR REGULATORY COMMISSION ,

.s .

t BEFORE THE ATOMIC SAFETY AND LICENSING BdARD - .

'.'.",., l

. i

, , r*; -

y ..- .

f. ,.:,.  :

In ths,e.ixer of, ' * '

. ) .

... .y, h. :d.:.

METROPOLITAN EDISON COMPANY, a . ... . . .. . .

' , '.' et -n1, .- ) Docket ' No. 50-289 .: l A ' . < .

~

l

. } .-

. ,: . Mc?

.4..(.

- . . .. ... -. . .. . < . . . . . l

. . . .}. ,. .

! (Three Mile Island Nuclear *

- i )

. :./ .,' : . ' .? .'. :.; .;#',. .,;

,. ' l

? Station Unit No.1)

. ,. ~, " l

. .. - ) ':.'

ilQ' 3';'

g..: _ '.. ,: .;. , :. 9 . . 7

} -

.c *

. . . - .: .p.-

. v. ,. .

.1, . . . .: < . .. -. . .

.... p

. v: -. : :- : . L .,

c

'!'PEOPLE AGAINST NUCLEAR ENERGY

.. ,' .;c

• DRAFT CONTENTIONS t~ * ## #*- .7

:..- . .; q.(. ; ;

Pursuant .to 10 CFR 2.714 (b) and the Atomic Safet:y~ and ~ .I ". ,)

Licensing Board's Order of September 21, 1979, People Against'

- ' Nuclear Energy '(PANE) submits the following draft ' contentions: '

1.) Renewed operation of Three Mile Island, Unit 1.. ,. ".- . , . ' . .

(TMI 1) would..- cause severe psychological distress to PANE'a' '..

members and other persons living in the' vicinity of the ., .

reactor.

4 . .

: .: . C.

The accident at Unit 2 has already impaired.the

- J .

. health and sense of well being of these' individuals, as evi

, ..l denced by their feelings of increased anxiety, tension and

. .5 .?; -

c . ..

fear, a sense of helplessness and such ' physical disorders as' ' . .; ,

skin rashes, aggravated ulcers, and skeletal and muscular .

problems. . :-

Such manifestations of psychological distress have been seen in the aftermath of other disasters. The '

.- 1 possibility that TMI Unit 1 will reopen severely aggrayates .

these problems. As long as this possibility exists, PANE's

memb rs and other parsons living in the communitics cround the plant will be unable to resolve and recover from the '. ."

~

, trauma which they have suffered. Operation of Unit I wo d.

~~

be a constant reminder of the terior which they felt during , ,

the accident, and of the possibility that it will happen

..v..

again. 's

• Thedistresscausedbythiseverpresentspectrs)E ' . p.$.- ,

. . ~ ..' *z, g t .

of disaster makes it impossible for the NRC to operate TMI 1 ;,.I

' , . s. ..

. ....,L-without endangaring the public health and safety. ,.

.f /*l,1,.', .,

2.3 ' Renewed operation of TMI 1 would cause severe hm

• ~

to the stability, cohesiveness and well being of the communitie:

' . . .c .

in the vicinity of the reactor. Co=munity institutions have t

a15cady been weakened as a result of a loss of citizen l -

,: I .~

l

. confidence in the' ability of these institutions to function . . ..:. .. .

properly and in a helpful manner during a crisis. The

~

potential for a reoccurrence of the accident will further stress the community infrastructure, causing increased loss

~ .

of confidence and a breakdown of the social and political . ..

order. Sociologists such as Kai Erikson have documented . .

similar phenomena,in other communities following:, disasters.'i...

The perception, created by the accident,that the com- J. '. .

. ~ ; .--

munities near Three Mile Island are undesirable locations' . . ' ' ' ,' -

, . . ' , ' C. ,

for businsss and industry, or for the establishment of law ,

I.

or medical practice, or homes compounds the damage to the viability of the communities. Community vitality depends upon the ability to attract and keep persons, such as t

l i

teachers, doctors, lawyers, and businesses critical to I

I .

I

o u

. 3 & ,

1 .

, l. .

8.6

. cconomic and social health. The potential for another t -

.~

,i accident, should TMI 1 be al1. owed- to operate, would compou

' ~

and make permanent the damage, trapping the residents in ' ,e*: . .

~

s. r disintegrating and dying communities and discouraging the influx of essential growth. ..

i

.: j~

3.) . ... . , .

Evacuation ~ planning done by Metropolitan E n j.,-

'and the

. ar Regulatory Commission le ina

, ,.. .,e)s..[

. -r

~.. -

ate to

, cis. ? l). ' .~

..' '.as'ure s the safety o . .

e public, p cularly those persons . . . - -

'l ...- .. .

./. :living within a five mile r .

. .. ~..'

of the plant. . .

. Operation of :9...

2 TMI.1 should not esumed until a p1 . . . . -

in place'for.the . . ; ..i-.,

evacuatic .- -

the public in the maximum area whic  : :e : ., ;. -

onld be f ected by an accident. '

'. } ' ( .. J . ,,[..v-],/..[.,-}..:-

~

. . ... .:. . c . . ,~. ,.

I ~

~

r . .:.:-l ' ..; ;.< :.1-. ...

'I " . .

. .. Respectfu'lly submitted, '

,' ~' " . '. ' :sl,1;r . . ' '

l c. . .

\ - .

t ,

, - . ... ~. .

v-

~ ..

,~. . .

Karin P. Sheldon - ..

l k,W Z '

William S. Jordan,Tic III .[:b_l

• ~ ' '

i ~

Sheldon, Harmon & Weiss 1725 "I" Street, N.E U Suite 506  : -

i Washington, D.C. 20' 4 -

h -

b UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION'

?

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY, )

et al., ) Docket No. 50-289 (Ynree Mile Island Nuclear )

Station,. Unit No. 1) )

)

PEOPLE AGAINST NUCLEAR ENERGY PETITION TO INTERVENE By Order and Notice of Hearing dated August 9, 1979, .

the Nuclear Regulatory Commission ordered the Metropolitan Edison Company to maintain Unit 1 of its Three Mile Island nuclear power plant ("TMI-1") in a cold shutdown condition ,

pending completion of hearings before a specially constitu-ted Atomic Safety and Licensing Board. The purpose of these hearings is to resolve a series of issues identified by the Commission as determinative of whether resumption of opera-tion at .the plant would be consistent with the public health and safety.

The order establishes that the procedures in subpart A of 10 CFR Part 2 will govern the TMI-l proceedings. Pursuant to 10 CFR 2.714, People Against Nuclear Energy (PANE) hereby petitions to intervene as a party.

(1) The Nature of PANE's Right Under the Atomic Energy Act to be Made a Party to the Proceeding.

PANE's right to intervene is established by Section 189a of the Atomic Energy Act, 42 U.S.C. 2239(a) which recuires the fl ( L- Q)v 'f

o g ve~

Commission to admit as a party "any person whose interest may be e affected by the proceeding." In this proceeding, PANE seeks to intervene on behalf of the following named persons, all of whom are members of the organization and have specifically authorized PANE to represent their interests:

John M. Garver, Jr.

114 Park Circle Road Middletown, PA.

James B. Hurst 617 Briarcliff Road Middletown, PA.

Barbara G. Coates 360 High Street Highspire, PA.

Donald E. Hossler 501 Vine Street Middletown, PA. "

Marcella J. Heicher 326 Second Street Highspire, PA.

Morris Field 504 Hemlock Hall Middletown, PA.

Genevieve Burner Emerick -

489 Willow Street Highspire, PA. ,

Donald H. Konkle 320 Elm Court Middletown, PA.

Paola Louise Kinney 12 Ray Road Middletown, PA. ,

Joyce Ann Corradi 2 South Nissley Drive Middletown, PA.

Elizabeth Mae Chavey 114 Donald Avenue Middletown, PA.

h Affidavits which attest to these facts from the PANE members listed above are attached to this petition.

(2) The Nature and Extent of the Petitioner's Property, Financial or Other Interest in the Proceeding.

All of the named PANE members have a cognizable interest in the proceedings which may be affected by its outcome. They all live within 5 miles of the Three Mile Island facility. In the af termath of the accident at TMI-Unit 2, Petitionef s mental and emotional health. would be adversely af fected by the operation of a nuclear power plant in such close proximity. Such'a concrete, direct interest clearly establishes standing. Consumers Power Co. (Palisades Nuclear Plant) LBP-79-20 July 24, 1979.

(3) The Possible Effect of an Order Which May be Entered in the Proceeding on the Petitioner's Interest.

I The effect of an order allowing the resumption of operations at TMI-1, even assuming implementation of the so-called "short term actions" identified on pages 5-8 of the Order and Notice of Hearing and committment to the "long-term actions" contained on i

pages 7-8, would be to unreasonably threaten the physical, mental and emotional well being of the named PANE members.

(.4 ) The Specific Aspects of the Subject Matter of the Proceedings as to l

Which Petitioner Wishes to Intervene PANE will take the position that the Nuclear Regulatory Commission has the obligation, as part of its duty to protect.

the public health and safety, to prevent impairment of the mental health and stability of the communities in which nuclear plants are located. PANE will contend that its members and the

q*- -

g community surrounding Three Mile Island have suffered a unique trauma as a result of the accident at Unit 2 of the facility, and consequently, that operation of Unit 1 poses a threat to the stability and health of the area. For this reason, Unit 1 cannot be operated without endangering the health and safety of the public.

Respectfully submitted People Against Nuclear Energy By their Attorney:

u '

Karin P. Sheldon Sheldon, Harmon, Roisman & Weiss 1725 I Street, N.W.

Suite 506 Washington, D.C. 20006 (202) 833-9070 DATED: September 14, 1979 l

t I

l

tlNITMD STATM8 uF AMMRICA NUCLEAR RMGULATORY COMMlSSTUN nw BEFORE THE ATOMIC SAPMTY AND 1.lCHNSING BOA C S I.E In the Matter of ) -4 A10 :27

.E2 METRO'POLITAN EDISON COMPANY ) Docket No. 50-20') W

) ( Re st .ar t-)-

C

~

(Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that on this 3rd day of June, 1982, copies of the foregoing motions, PEOPLE AGAINST NUCLEAR ENERGY REQUEST FOR HEARING ON LICENSE AMENDMENTS AND CONDITIONS REQUIRED PRIOR TO RESTART OF TMI-l and PEOPLE AGAINST NUCLEAR ENERGY RESPONSE TO LICENSEE'S MOTION WITH RESPECT TO PSYCHOLOGICAL HEALTH ISSUE, have been mailed, first class, postage paid, to the following:

Ivan'W. Smith, Chairman Judge John H. Buck Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Appeal Board Panel c . S . Nuclear Regulatory U. S. Nuclear Regulatory Commis sio n Commi,ssion Washington, D.C. 20555 Washing ton D.C. 2 0555 Dr . Walter H . Jordan Judge Christine.N. Kohl i Atomic Safet'y and Li' censing Atomic Safety and Licensing l Board Panel AppealBoard Panel i 88]. West Outer Drive ll .S . Nuclear Regulatory

} Oak Ridge , Tennessee 37830 Commission W ashing ton , D.C. 20555 Dr. Linda W. Little l Atomic Safety and Licensing Thomas Roberts, Commissioner l

Board Panel U.S. Nuclear Regulatory 5000 Hermitage Drive Commission Raleigh, North Carolina 27612 Wash ing ton , D.C. 20555 i Professor Gary L. Hilhollin Nunzio.Palladino, Chairman 1815 Jef f erson Street U.S. Nuc} car Regulatory Madison, Wisconsin 53711 Commission Washington, D.C. 20555 Judge Gary J. Edles, Ch airm an Atomic Safety and Licensing Mrs. Marjorie Aamodt Appe al Board R.D. #5 U.S. Nuclear Regulatory Coalsville, Pennsylvania 19320 i

Commission W.is h i ng ton , D.C. 20555 1

2 Robert Adler, Esq. Mr. Marvin I. Lewis Assistant Attorney General 6504 Bradford Terrace 505 Executive House Philadelphia, PA 19149 P.O. Box 2357 Harrisburg, Pennsylvania 17120 Louis Bradford Ms. Gail B. Phelps Three Mile Island Alert 245 West Philadelphia Street 325 Peffer Street York, Pennsylvania 17404 Harrisburg, PA 17102 David E. Cole, Esq. Mr. Robert Q. Pollard Smith & Smith, P.C. 609 Montipelier Street

[

2931 North Front Street Baltimore, Maryland 21218 Harrisburg, PA 17110 Jordan D. Cunningham, Esq. Counsel for NRC Staff Fox, Farr & Cunningham Office of Executive Legal 2320 North Second Street Director Harrisburg, PA 17110 U.S. Nuclear Regulatory Commission Thomas J. Germaine, Esq. Washington, D.C. 20555 Deputy Attorney General Division of Law - Room 316 George F. Trowbridge, Esq.

1100 Raymond Boulevard Shaw, Pittman, Potts &

Newark, New Jersey 07102 Trowbridge 1800 M Street, N.W.

Dr. Judith H. Johnsrud Washington, D.C. 20036 Dr. Chauncey Kepford Environmental Coalition on Docketing and Service Section Nuclear Power Office of the Secretary 433 Orlando Avenue U.S. Nuclear Regulatory State College, PA 16801 Commission Washington, D.C. 20555 Judge Reginald L. Gotchy Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Victor Gilinsky, Comuissioner John A. Levin, Esq. U.S. NRC Assistant Counsel Washington, D.C. 20555 Pennsylvania Public Utility Commission James Asselstine, Commissioner P.O. Box 3265 U. S. NRC Harrisburg, Pennsylvania 17120 Washington, D.C. 20555 John Ahearne, Commissioner U.S. NRC Washington, D.C. 20555

br. Steve Brooks MichaoI l*. Mcit r ido , 1:sy .

Public Information and I.ellocu I , I.a mb , i.eiby 6, Macitac Resource Center 1331 New Ilampshi ro Avenue , N.W.

1037 Maclay Street :uite 1100 lla r risbu rg , l'A 17103 W.ishington, 1) . C . 20036 Mr. llenry D. liukill Vice President CPU Nuclear Corporation P. O. Dox 480

. Middletown, PA 17057 June 3, 1982 /

Willialg::$. Jordan, III s

1 e

i f

- . . - - - , . - . ,m.__ _ .--,.,__y_ ~ - , . - , -_ . , . - - - _ - , - - ---