ML20080T277
| ML20080T277 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/18/1983 |
| From: | Weiss E UNION OF CONCERNED SCIENTISTS |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8310200231 | |
| Download: ML20080T277 (5) | |
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DO(.KETED USNRC UNITED STATES OF AMERICA
'83 OCT 19 21:09 NUCLEAR REGULATORY. COMMISSION CFFICE OF SECPITAF GCCKETING & SERV!M BEFORE THE NUCLEAR REGULATORY COMMISSION BRANCM In the Matter of
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METHOPOLITAN EDISON COMPANY )
Docket No. 50-289
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(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
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)
UCS MOTION TO ESTABLISH CRITERIA FOR JUDGING " REASONABLE PROGRESS-In its Order and Notice of Hearing, dated August 9,1979, the Commission stated that it had " determined that satisfactory completion of certain short-term actions and resolution of various concerns...are required to provide reasonable assurance that the facility [THI-1] can be operated without endangering the health and safety of the public."
The Commission also
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" determined that certain additional long-term actions are... required to be I
completed as promptly as practicable, and that reasonable progress on the completion of such actions prior to restart is required, in order to provide I
l reasonable assurance that the facility can be operated safely over the long term."
CLI-79-8, 10 NRC 141, 142 (1979), emphasis added.
Based upon the Commission's direction that TMI-1 should be treated by l
the ASLB as an operating reactor except where the record dictates otherwise (CL1-81-3, la NHC 291, 295-6), GPUN has consistently taken the position, 8310200231 831018 gonaoockosooog g
supported by the NRC Staff, that the so-called "long-term" safety improvements need not be completed at THI-1 until the first refuelling after restart - 3 matter when restart occurs.
This is apparently based on a notion that THI-1 should be given parity with operating reactors which have been given one or two refuelling outages to complete the THI-related safety improvements.
The Licensee's adherence to its position has produced the absurd result that TM1-1, which has been silting idle for four and a half years, still does not incorporate all safety improvements shown to be necessary by the THI-2 accident.
We do not believe that this constitutes either "as promptly as practicable" or " reasonable progress" under any reasonable interpretation of those words.
When it established the dual criteria 1) that the long-term actions are required to be completed as promptl, as practicable, and 2) that reasonable progress on the completion of the long-term actions is required prior to restart, the Commission envisioned that its restart decision would be rendered in 1980. (See schedule for Licensing Board decision 335 days following publication of Order and Notice of Hearing ' attached to the Commission's Order -
and Notice of Hearing, dated August 9,
1979.)
It now appears that a Commission decision on restart cannot be made until 1984 or 1985 at the earliest.
Conunission Notice to the Parties, October 7,
1983 This is at least 4 to 5 years later than the Commission envisioned when it established the "as promptly as practicable" and " reasonable progress" criteria.
UCS believes that in view of the present circumstances, the earlier 1979 criteria of " reasonable progress" and "as promptly as practicable" must be interpreted as requiring completion of the long-term actions.
UCS hereby moves that the i
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l Commission direct that all "long-ters" actions, found by the ASLB and ASLAB to be necessary and sufficient to provide reasonable assurance that the facility can be operated without undue risk' to the health and safety of the public, must be completed prior to restart.
Respectfully submitted,
'A Y
'l Ellyn R. Weiss General Counsel Union of Concerned Scientists Dated: October 18, 1983 I
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE NUCLEAR REGULATORY COMMISSION In the Matter or
)
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METROPOLITAN EDISON COMPANY
)
Docket No. 50-289
)
(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
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)
CERTIFICATE OF SERVICE I hereby certify that copies of "UCS MOTION TO ESTABLISH CRITERIA FOR JUDGING 'hEASONABLE PROGRESS'" have been served on the following persons by deposit in the United States mail, first class postage prepaid, this 18th day of October 1963, except as indicated by an asterisk.
Nunzio Palladino, Chairman Robert Adler, Esq.
U.S. Nuclear Regulatory Commission Assistant Attorney General Washington, D.C. 20555 505 Executive House P.O. Box 2357 John Ahearne, Commissioner Harrisburg, Pennsylvania 17120 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Loulse Bradford Three Mile Island Alect James Asselstine, Commissioner 315 Perfer Street U.S. Nuclear Regulatory Commission Harrisburg, Pennsylvania 17102 Washington, D.C. 20555 Jordan D. Cunningham, Esq.
Victor Gilinsky, Commissioner Fox, Farr & Cunningham U.S. Nuclear Regulatory Commission 2320 North Second Street Washington, D.C. 20555 Harrisburg, Pennsylvania 17110 Thomas Roberts, Commissioner Dr. Judith H. Johnsrud U.S. Nuclear Regulatory Commission Dr. Chauncey Kepford Washington, D.C. 20555 Environmental Coalition on Nuclear Power hs. Harjorie Aamodt 433 orlando Avenue R.D. #5 State College, PA 16801
-Coatsville, Pennsylvania 19320
s
- # William S. Jordan, III Harmon & Weiss 1725 1 Street, N.W.
Suite 506 Washington, D.C. 20006 John A. Levin, Esq.
Assistant Counsel Pennsylvania Public Utility Commission P.O. box 3265 harrisburg, Pennsylvania 17120 hs. Gall B. Phelps 245 kest Ph11adelphic Street York, Pennsylvania 17404
- Steven C. Sholly Union of Concerned Scientists 1346 Connecticut Ave., N.W.
Suite 1101 Washington, D.C. 20036 Joseph R. Gray Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 George F. Trowbridge, Esq.
.Shaw, Pittman, Potts & Trowbridge 1600 M Street, N.W.
Washington, D.C. 20036 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 I
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- hand delivered.
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