ML20072J415
| ML20072J415 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/23/1983 |
| From: | Doroshow J THREE MILE ISLAND ALERT |
| To: | NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20072J419 | List: |
| References | |
| NUDOCS 8306300095 | |
| Download: ML20072J415 (2) | |
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E NREE Mir.t ISLAND ALERT, JNC?
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315 Peffor St Harrisherg. Penna.171023(717) 28 '7897 June 23, 1983 lJ GF jg"n n 31933 > L c
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Secretary to the Commission y
U.S.
Nuclear Regulatory Commission l
Washington, D.C.
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Comments on May 31, 1983 Federal Register Notice:
Metropolitan Edison Company et al.,
Issuance of License and Proposed No Significant Safety Hazards Consideration Determination and Opportunity for Hearing Three Mile Island Alert hereby submits comments opposing the Commission's proposed determination that Licensee's reques-ted amendment to " revise the Technical Specifications to recognize steam generator tube repair techniques, other than plugging," involves no significant hazards consideration, and thus opposes the Commission's approval of subsequent operation of TMI-l with the as-repaired steam generators eithout holding the already. requested public hearing on this proposed license amendment before such amendment is made effective.
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The Commission is well aware that Three Mile Island Alert has already.equested a prior public hearing on this license amendment.
(See attachment A).
TMIA incorporates herein all reasons listed in that hearing request in support of its argument that there are clear significant safety hazards considerations involved with the proposed license amendment and operation of TMI-l with the subject repaired steam generators.
There is no question that the Commission's proposed determin-ation in this case is a blatant abuse of its authority under S189 of the Atomic Energy Act.
The regulations recently promulgated to implement the so-called Sholly amendment, in which the Commission is at, tempting to fit this situation, violate the express intent of Congress that the Commission not " require that NRC staff to prejudge the mertis of the issues raised by a propsed license amendment," U.R.
Rep.97-884, at 37 (1982), before holding a requested prior hearing.
Not only is the staff violating Congress' intent by prejudging the merits of this case, bot the asserted basis for this pre-determination is simply startling.
The NRC proposes that "because compensatory measures will be employed to provide a level of safety in operation with the repaired steam generators commensurate with that anticipated of the facility had it not experienced the need to repair steam generators," no significant safety hazard consideration is invovlved.
Not only is the basis for this assertion entirely undefined, unsupported, and flimsy, but
~ implicit in it is a clear recognition that significant safety hazards considerations plainly are involved 8306300095 830623 PDR ADOCK 05000289
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despite the fact that in the staff's current opinion these hazards may be " compensated.
This is so obviously true that TMIA will not waste extremely limited time and resources in commenting further.
We will only note that concerning the staff's response to THIA's hearing request in which they dare to assert that TMIA, which has been an intervenor in TMI-l hearings since 1980, has not proven its standing to ask for a hearing in this case, we have attached an addendum to TMIA's petition.
The addendum, (Attachment B) is an affidavit from a TMIA member living within the 10 mile radius of the plant who recognizes TMIA's authority to act on his behalf.
- However, the Commission should note that TMIA finds the staff's response nothing more than sheer harrassment, and we are p -41;, c..
appalled that in light of the Commission's repeated
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complaints that they are understaffed, it finds the time and money to waste pursuing this issue.
Respectfully, 1
e' Joanne Doroshow TMI Alert 71 I
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k UNITED STATES OF AMER IC A NUCLEAR REGULATORY COMMISSION BEFORE THE NUCLEAR REGULATORY COMMISSION In the Matter of
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METROPOLITAN EDISON COMPANY
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Docket No. 50-289
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(Three Mile Island Nuclear
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Station, Unit 1)
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FORMAL DEMAND FOR AN ADJUDICATORY HEARING ON AMENDMENT TO THE TMI-l GPERATING LICENSE
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/r CONCERNING STEAM GENERATOR TUBE REPAIRS 3-Three Mile Island Alert, Inc.
(" Petitioner") hereby
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,j formally demands that it be granted a full adjudicatory hearing on the amendment to the TMI-l Facility Operating License, No. DPR-50 Essued by the Nuclear Regulatory Commis-sion in June, 1974, permitting operatica of TMI-l b'?hN after completion of explosive expansion repairs to all steam generator tubes in-the upper tubesheet, most of which had failed due to an "interg.ranular attack (IGA) initiated froa x,
the primary side (ID) of the the tubes resulting in the format. ion of stress assisted intergranular cracks."
SAFETY p d; 7, EVALUATION BY THE OFFICE OF' NUCLEAR REACTOR REGULATION, October, 1982.
Further, Petitioner formally demands that such lice'nse amendment not become immediately effective before completion of the hearing requested herein, pursuant J.,.
to S12(a)(2)(A) of S189(a) of'the Atomic Energy Act of
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1954, 42 U.S.C. 2239(a), as amended, because of the "signifi-cant. hazards conalderation" involved with rhis repair process and subseque'nt operation af the plant.
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