ML20077C838

Reply to TMI Alert,J Lee,B Molholt & N Aamodt 830628 & 0713 Joint Petition & Amended Petition to Intervene.Util Does Not Oppose Intervention If One Allowable Contention Submitted. Certificate of Svc Encl

ML20077C838
Person / Time
Site:	Three Mile Island
Issue date:	07/22/1983
From:	Trowbridge G METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8307260264
Download: ML20077C838 (6)

Text

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July 22,-_1983 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIOJ s

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b BEFORE THE ATOMIC SAFETY AND LICENSI4%; BdARd

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In the Matter of ) s %**(k; ff METROPOLITAN EDISON CO., ET AL Do q 289

) (Steam Generator Repairs)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

LICENSEES' REPLY TO REQUESTS FOR HEARING BY TMIA AND BY JANE LEE, BRUCE MOLF1LT, PHD. AND NORMAN AAMODT On May 31, 1983, the NRC published in the Federal Register (48 F.R. 24231) a Notice of Consideration of Issuance of Amendment to Facility Operating License and Proposed No Significant Hazards Consideration Determination and Opportunity for Hearing (NRC Notice) , involving Facility Operating License No. DPR-50, issued to Metropolitan Edison Company, Jersey Cen-tral Power & Light Company, Pennsylvania Electric Company and GPU Nuclear C'rporation (Licensees) for operation of the Three Mile Island Nuclear Station, Unit No. 1 (TMI-1).

The amendment requested would revise the Technical Specifications to recognize steam generator tube repair tech-niques, other than plugging, provided such techniques are approved by the Commission. The Licensees' application, dsted May 9, 1983, further requested that the Commission approve, within the provisions of the proposed Technic".1 Specification 8307260264 830722

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PDR ADOCK 05000289 O PDR

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revision, the kinetic expansion steam generator tube repair

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technique-used at the facility. .

'The NRC Notice afforded an opportunity to interested persons to request'a hearing on-the proposed license amendment.

Three~ Mile' Island Alert (TMIA) had previously filed with.the Commission a; formal request for hearing on May 19, 1983, and renewed its' request in a letter to the Secretary of the Commis-

sion on.~ June 23,'1983. Three individuals (Jane Lee, Bruce Molholt,-PhD. and-Norman Aamodt) also filed with the Commission a Petition to. Intervene on June 28, 1983, and an Amended Peti-tion on July 13,_1983 (herein referred to as the Joint Petition).

Licensees ~do not question the interest of TMIA or of' Joint Peti-

-tioners in this proceeding nor their right to intervene in a-hearing provided they submit at least one allowable contention.

As' discussed below the timing of any 'such hearing remains to be dotermined.-

The NRC Notice. advised potential intervenors that pur-

.suant-to 10.CFR 50.92 the NRC had made a proposed determination that_the amendment request involves no significant. hazards con-sideration and that if a hearing is requested the NRC will make a final determination on the issue of no significant hazards consideration, which' d'etermination will serve to decide when the hearing is held. If the final determination is that the'hmend-ment request involves no significant hazards consideration, the Commission may issue the amendment and make it effective, not-withstanding the request for a hearing. Any hearing held would 6

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.t'ake; place'afterfissuance of the amendment. .If'the final deter-mination: is 1that the amendment involves a, significant hazards consideration, any: hearing held would take. place before the issu-fance of;any amendment'..

-Under these circumstances Licensees believe that the scheduling of any. hearing.should await the NRC's final deter-mination on the issue'of no significant hazards consideration.

The-_ Board'can and~should, however, set.a date now for the filing of contentions and proceed in the usual manner to a determina-a

. tion of their allowability.-

The requested license amendment and related approvals are necessary under Licensees' present Technical' Specifications

- because of a-Staff determination that the Technical Specifica-tions prohibit operation of TMI-l utilizing steam generators which have been repaired by techniques other than plugging.

.They' are~necessary first to perform precritical hot functional

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testing using non-nuclear heat (defined as operation by the

- Technical: Specifications) and then to return TMI-l to service.

(Actual start-up of TMI-1.with nuclear heat is also contingent, 4

of; course, on authorization by the Commission in connection with the TMI-1 restart proceeding.) Licensees take this occasion to inform.the Board that Licensees have recently proposed to'the NRC Staff that NRC consider and act on'their request for a license amendment and related approvals in two stages. Under Licensees' proposal the NRC would first authorize precritical hot functional testing using non-nuclear heat to further test

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thorize reactor the steam generator repairs and would then au Separate determinations on the question of no

. operation. d by NRC with significant hazards consideration would be ma e-respect lto each. authorization.

Respectfully submitted, SHAW, ITTMAN, POTTS & TROWBRIDGE x=d.L x-G[rge!.Tro* F bridge,.P.[.

Counsel for Licensees t

Dated:. July 22, 1983

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND. LICENSING BOARD

~In the Matter of )

)

METROPOLITAN EDISON CO., ET AL ) Docket No. 50-289 .

) (Steam Generator Repairs):

(Three Mile Island Nuclear

)

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensees' Reply to Requests for Hearing by TMIA and by Jane Lee, Bruce Molholt, PhD.

'a,' .rman Aamodt," dated July 22, 1983, were served upon those persons on-the attached Service List by deposit in the~ United States mail, postage prepaid, or by hand delivery where marked with an asterisk, this 22d day of July, 1983.

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. AWEh'

'porg/F. Trowbridge, P ./ .

Dated: July 22, 1983

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.. UNITED STATES OF AMERICA NUCLEAR 1 REGULATORY COMMISSION BEFORE-THE' ATOMIC SAFETY'AND LICENSING BOARD s

L i

In-the' Matter of )

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)

. METROPOLITAN EDISON CO., ET AL..-): ' Docket No. 50-289

~

') .(Steam Generator. Repairs)

(Three Mile. Island Nuclear' )

Station,. Unit-No.'l)~ )

SERVICE LIST

• Sheldon J. Wolfe, Chairman Joanne Doroshow/Icuise Bradford-Atomic Safety and Licensing Board Three Mile Island Alert, Inc.

U.S. Nuclear Regulatory Comission 315 Peffer Street Washington, D.C. 20555 Harrisburg, Pennsylvania. 17102-

-Dr. David L'. Hetrick -Jane Lee Professor of Nuclear Engineering - 183 Valley Road University of Arizona Etters, Pennsylvania 17319 Tucspn, Arizona' 85721 Bruce-Molholt, PhD.

- Dr.' James C. Lamb, III Haverford College

- Department.of Environmental Sciences 'Haverford, Pennsylvania 19041 and Engineering

- University'of North Carolina Norman Aamodt Chapel Hill, North Carolina: 27514 R. D. 5,. Box 428--

. Coatesville, Pennsylvania 19320

• ' . Mary E. Wagner, Esquirec

, ,. Office of Executive Legal Director Atomic Safety and Licensing Appeal

U.S. -Nuclear ' Regulatory Comiscion Board Panel j_ Washington, D.C. 20555' U.S. Nuclear Regulatory Comission :

H Washington, D.C. 20555 a: Docketing and Service Section (3)

' Office of the Secretary U.S. L Nuclear Regulatory Ccmmission Washington, D.C. 20555 Atomic Safety and Licensing Board

~

1 ~

Panel'-

l-U.S. Nuclear Regulatory Comission

LWashington,-D.C. 20555 E

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