ML20085D818

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Opposes Proposal to Bifurcate License Amend Re Steam Generator Tubes.Tmi Alert Requested Hearing Before Plant Operation
ML20085D818
Person / Time
Site: Three Mile Island Constellation icon.png
Issue date: 07/21/1983
From: Doroshow J
THREE MILE ISLAND ALERT
To: Gilinsky V, Palladino N, Roberts T
NRC COMMISSION (OCM)
References
NUDOCS 8307290127
Download: ML20085D818 (2)


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m THREE MILE ISLAND ALE , mp, 315 Peffor St Herrisburg, Penna.17102 I fl 7)g 7 7 July 21, 1983 I9S3 s q ge, ,,,

Nunzio J. Palladino, Chairman N' m

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Victor Gilinsky, Commissianer - - - ' '

Thomas M. Roberts, Commmissioner Docket No. 50-289 James K. Asselstine, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Chairman Palladino and Commissioners:

A2 the Commission is aware, on May 19, 1983, TMIA submitted a request for a hearing on the proposed license amendment to permit operation of TMI-l following repairs tc the steam generator tubes. TMIA has insisted that pursuant to the requirements of the Atomic Energy Act, the hearing be held prior to that amendment becoming effective.

I attended a meeting involving the staf f and GPU on July 13, 1983, at which time a proposal was discussed to bifurgate the license amendment. Under this proposal, one amendment would be issued to permit non-nuclear hot functional testing, and one would be issued after an opportunity for oral and written public comment on the SER, before operation. This proposal was outlined by GPU in a July 13, 1983 letter to the staff. At the July 13 meeting, the staff could not state one way or the other whether it would place notice of the pre-hot functional test license amendment in the Federal Register. The staff did, however, insure that as a courtesy, it would notify TMIA of a decision to amend the license.

This letter is to notify the Commission that TMIA finds this proposal inadequate to satisfy our concerns or the requirements of the law, and insures a real possibility that the process as proposed will cause significant delays in the Commission's ability to reach a final decision on the acceptability of the steam tube repairs.

TMIA has asked for a hearing before plant operation. We have _not asked for a hearing before hot-functional testing. We quite honestly ate not particularly interested in getting involved in a hearing to examine the saf ety implications of that process, and we can not believe that the staff would recommend wasting the Commission's resources in litigating that issue.

We are quite certain that the law and legislative history requires a hearing before the plant operates. It is fairly obvious that if such a hearing is going to be held, it makes 8307290127 830721

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no logical or economic sense to delay the hearing until sometime in September or so after hot functional testing is complete. It is more than ironic that the Commission should be the party responsible for risking an extended delay in approving plant operation in light of its recent push for

" licensing reform

  • which it claims is needed to avoid

" unnecessary" delays caused by the the licensing hearing process.

If, however, the staff has already made up its mind that there is no significant hazard consideration involved with either license amendment, as its May 31 Federal Register notice implies, then it should simply say so, rather than forcing us through a convoluted and transparent process which tries to give the impression that they are concerned with public input. Can the Commission's memory be so muddled as to not recall the reaction of the Central Pennsylvania community during its last attempt to appease them with similar public " meetings", in place of lawfully required public hearings, before authorizing the venting of krypton and other radioactive gases from TMI-2 in 1980?

Such patronizing solutions did not stifle public opposition then, and they will not work now.

Further, it is clear that what is being proposed by GPU now was not encompassed by the May 31 Federal Register notice.

Such a proposal will have to be renoticed with 30 day opportuniy for public comments as the law requires.

In any event, TMIA urges the Commissioners to reject GPU's proposal.

Respectfully,

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Joanne Doroshow TMIA s

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