ML20092P758

Response Opposing Aamodt 840621 Motion for Investigation of Licensee Repts of Radiation Releases During Initial Days of Accident & Postponement of Restart Decision Pending Resolution of Investigation.Certificate of Svc Encl

ML20092P758
Person / Time
Site:	Three Mile Island
Issue date:	07/05/1984
From:	Blake E METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	NRC COMMISSION (OCM)
References
NUDOCS 8407090343
Download: ML20092P758 (7)

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July 5, 1984 ._

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UNITED STATES OF AMERICA >{4 _p gjj ,00 NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION -

25 g In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

LICENSEE'S RESPONSE TO AAMODT MOTION FOR INVESTIGATION AND POSTPONEMENT On June 21, 1984, Norman and Marjorie Aamodt, intervenors in the TMI-l Restart Proceeding, filed with the Commission their " Motions for Investigation of Licensee's Reports of Ra-dioactive Releases During the Initial Days of the TMI-2 Acci-dent and Postponement of Restart Decision Pending Resolution of this Investigation" (Aamodt Motion). In essence, the Aamodt Motion requests that the Commission stay any decision on restarting TMI-l until an investigation of alleged falsifica-tion of radiation release data following the TMI-2 accident is completed. As support for their allegation that data were fal-sified, the Aamodts rely upon a volunteer survey of a small percentage of the population in the vicinity of Three Mile Is-land which assertedly documents adverse health effects from ra-diation greatly in excess of those expected from releases esti-mated from Licensee's documentation. As discussed below,

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Licensee opposes the Aamodt Motion and urges the Commission to deny the requested relief.

The Aamodt allegations regarding missing radiation release data do not amount to new information. Rather, this informa-tion was known to the NRC Staff shortly after the TMI-2 acci-dent and was publicly reported in the IE investigation of the accident. See NUREG-0600 at II-3-97 (August 1979). Had the Aamodts wished to raise allegations of intentional withholding of this data as a management integrity issue in the Restart Proceeding, they were, of course, free to do so when conten-tions were first proposed. Five years after the fact is, how-ever, manifestly untimely.

As to the radiation effects survey conducted by Mrs.

Aamodt and other non-expert volunteers, Licensee notes that the conclusion drawn by the Aamodts that individuals were "sub-jected to radiation exposures of 100 rems or more" (Aamodt Mo-tion at 2) is in direct contradiction to numerous scientific studies performed by a variety of organizations. Thus, despite individuals' perceptions of adverse health effects allegedly suffered as a result of the TMI-2 accident, Licensee urges the Commission to rely upon the many existing reports which have assessed the TMI-2 radiation releases and resultant health ef-fects:

Ad Hoc Population Dose Assessment Group, " Population Dose and Health Impact of the Accident at.the Three Mile Island Nuclear Station: A preliminary assess-ment for the period March 28 through April 7, 1979,"

U.S. Government Printing Office (1979).

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NUREG-0600, " Investigation Into the March 28, 1979 Three Mile Island Accident by Office of Inspection and Enforcement," Part II, Section 3 (1979).

Report of The President's Commission on the Accident at Three Mile Island, "The Need for Change: The Leg-acy of TMI," at 34-35, and associated Commission Staff reports (Health Physics and Dosimetry Task Group Report, Radiation Health Effects Task Group Re-port and Public Health and Epidemiology Task Group Report), U.S. Government Printing Office (1979).

Subcommittee on Nuclear Regulation of the U.S. Senate Committee on Environment and Public Works, " Nuclear Accident and Recovery at Three Mile Island," at 11, 44-45 (June, 1980 Committee Print).

h. : lear Regulatory Commission Special Inquiry Group, "Three Mile Island -- A Report to the Commissioners and to the Public," Vol. I at 153-155 (1980).

" Report of the Governor's Commission on Three Mile Island," at 14-16 (1980). ,

These, and other studies, are unanimous in finding or endorsing the conclusion that the actual releases from the TMI-2 accident will have a negligible effect on the physical health of indi-viduals in the TMI area, e.g., the average offsite dose of 1.4 mrem equates to an additional lifetime fatal cancer risk of about one in five million (Special Inquiry Group Report at 153). j The Commission has sufficient scientifically-based infor-mation before it to determine that the issues which the Aamodts attempt to raise need not be considered. Even if the Commis-sion should decide to initiate a further review of this matter, Licensee does not believe that in the face of the abundance of prior investigations and evaluations on this subject,

o the Aamodt allegations warrant any delay in a decision by the J

Commission on the restart of TMI-1.

Respectfully submitted, lk bNsh, 4

Ernest L. Blake, Jr., P.C.

SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1084 Counsel for Licensee Dated: July 5, 1984 1

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n UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE CCMMISSION In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Response to Aamodt Motion for Investigation and Postponement" were served this 5th day of July, 1984, by deposit in the U.S. mail, first class, postage prepaid, to the parties on the attached Service List.

l f hAll, Ernest L. Blake, J1. , P.C.

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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289 SP

)

(Three Mile Island Nuclear ) (Restart - Management Phase)

Station, Unit No. 1) )

SERVICE LIST Nunzio J. Palladino, Chairman Administrative Judge U.S. Nuclear Regulatory Commission John H. Buck Washington, D.C. 20555 Atomic Safety & Licensing Appeal Board Victor Gilinsky, Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Thomas M. T-berts, Commissioner Administrative Judge Christine N. Kohl U.S. Nuclear Regulatory Commission Atomic Safety & Licensing Appeal Washington, D.C. 20555 Board James K. Asselstine, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington,.D.C. 20555 Administrative Judge Ivan W. Smith, Chairman Frederick Bernthal, Commissioner Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington,-D.C. 20555 Washington, D.C. .20555 1

Administrative Judge Administrative Judge Gary J. Edles, Chairman Sheldon J. Wolfe Atomic Safety & Licensing Appeal Atomic Safety & Licensing Board i Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 i 1

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1 Administrative Judge Mr. Henry D. Hukill Gustavo A. Linenberger, Jr. Vice President Atomic Safety & Licensing Board GPU Nuclear Corporation U.S. Nuclear Regulatory Commission P.O. Box 480 Washington, D.C. 20555 Middletown, PA 17057 Docketing and Service Section (3) Mr. and Mrs. Norman Aamodt Office of the Secretary R.D. 5 U.S. Nuclear Regulatory Commission Coatesville, PA 19320 Washington, D.C. 20555 Ms. Louise Bradford Atomic Safety & Licensing Board TMI ALERT Panel 1011 Green Street U.S. Nuclear Regulatory Commission Harrisburg, PA 17102 Washington, D.C. 20555 Joanne Doroshow, Esquire Atomic Safety & Licensing Appeal The Cnristic Institute Board Panel 1324 North Capitol Street U.S. Nuclear Regulatory Commission Washington, D.C. 20002 Washington, D.C. 20555 Lynne Bernabei, Esq.

Jack R. Goldberg, Esq. (4)

Government Accountability Off ce of the Executive Legal 15 5 Connecticut Avenue Washington, D.C. 20009 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Ellyn R. Weiss, Esq.

Harmon, Weiss & Jordan Thomas Y. Au, Esq. 2001 S Street, N.N., Suite 430 l Office of Chief Counsel Washington, D.C. 20009 I Department of Environmental l Resources Michael F. McBride, Esq.

505 Executive House LeBoeuf, Lamb, Leiby & MacRae P.O. Box 2357 1333 New Hampshire Avenue, N.W.

I Harrisburg, PA 17120 Suite 1100 l Washington, D.C. 20036 Michael W. Maupin, Esq.

7 Hunton & Williams t

707 East Main Street P.O. Box 1535 Richmond, VA 23212 l