ML20099K120

Requests That Commission Ensure Remaining Provisions of 10CFR2.780 Followed by Directing Ucs & Parties to Restart Proceeding Be Served W/Written Ex Parte Communications & NRC Replies.Util Pamphlet Inserted W/Customer Bills Encl

ML20099K120
Person / Time
Site:	Three Mile Island
Issue date:	11/27/1984
From:	Pollard R, Weiss E HARMON & WEISS, UNION OF CONCERNED SCIENTISTS
To:	Asselstine J, Palladino N, Roberts T NRC COMMISSION (OCM)
References
CON-#484-345 SP, NUDOCS 8411290317
Download: ML20099K120 (4)

Text

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ws UNION OF CONCERNED .= n SCIENTISTS 1346 Connutima.em. .N.W. . S. I101. Washington. Dd3UO36. (202) 296-5600

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Novenber 27,"i98b.n.:t m,k SE?

Nmzio Palladino, Chainnan

'Ihomas Ibberts, (bmmissioner Janes K. Asselstine, Ccrrmissioner Frederick M. Barnthal, Ctznmissioner Lan$o W. Zech, Jr., Ccmnissioner U. S. Wclear Pegulatory Ctrumission Washirgton, D.C. 20555 Gentlenen:

Re: 'IMI-l Restart Proceedirg , Dacket m. 50-289 SP Enclosed for your infornation is a copy of a pamphlet which GW 's cubsidiary, Met-Ed, recently inserted with its custaners' electric bills.

Urder the banner "A Fair Conclusion," Met-Ed/GPU exhorts its 'custoners to write or call the NRC Cbmmissioners (and elected officials) as follows:

If you believe that the regulatory process which this country has set up for nuclear pwar should be allowed to operate with3ut distortion by political rhetoric or enotion, then we urge you to express that belief.

This bill-stuf fer grossly distorts and attempts to trivialize the questions before the NRC. For one thing, Met-Ri never mentions that what it refers to abstractly as four "open issues" go to the heart of GPU's conpetence, integrity ard fitness to operate. a nuclear pwer plant. Prime anorg these issues is mether the falsification of NRC-required safety tests, resultirg in Mat-Ed's guilty plea to the first felony charges ever raised against a nuclear plant licensee, should disqualify its parent conpany, GPU, fran operatirg 'IMI -1. Met-Ed/GPU seeks to portray the existence of "open issms" as generally conmon to any nuclear plant: " .. .for any no:: lear plant, there are apt to be sane open issues at any given time." H3 wever, the truth is that the questions surroundirg 'IMI-1 are unprecedented both in their nature crd their gravity. Other nuclear generation utilities have not been convicted of criminal offenses.

By the use of hal f-truths, the ' bill insert misinforms M2t-Ed's customers j cnd then compounds the di.stortion by exhorting them to petition their '

governuent officials based on that misinformation. We think it impartant for pu to consider the source of any GFJ-generated mail and/or telephone calls ,

you may receive. ,

I 8411290317 841127 PDR ADOCK 05000289 min Offire: 26 Church Street . Caml ri, ige. W...chusett. 02238 . (617) 547 5552

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/ - -2 In addition, it is LCS's view that the bill insert is a violation of the provisions of 10 CER 2.780, " Ex Parte Conmunications ," which prohibits, inter alia, any party to a proceedirg, or any other person directly or indirectly actirg in behalf thereof, subnittirg off the record to the Cecmissioners any advice, whether written or oral, regarding any substantive matter at issue.

'Ihe question of whether the reopened hearirgs must be canpleted before or efter a Cbmmission decision on restart is a substantive matter at issue in this proceeding. 'Ibe purpose of this bill insert is to solicit prohibited e_x parte conmmications froT. Met-Ed's customers on behalf of GPU. We requast at a minimun that you ensure that the renaining provisions of 10 CFR 2.780 are followed by directing that (CS and the other parties to the 'IMI-l restart proceedirg be served with a copy of all written ex parte ecmuunications, all NRC replies and a fair, written urnary of all oral ex parte conmmications.

It muld, of course, be appropriate for GPU or Met-Eh"to pay for the copyirg arx3 mailirs of this material to the parties.

Sincerely, e

Robert D. Pollard Nuclear Safety Ehgineer

/k'd m EllhR.Waiss General (bunsel

Enclosure:

Met-Ed/GPU bill insert dated 10/B4 ,

cc w/ enclosure:

Sen. H. John Heinz, III Sen. Arlen Specter Rep. George W. Cekas Rep. Willian F. Goodling Rep. R3ter H. Kost2nayer Rep. Joseph M. ftDade Rep. Ibnald L. Ritter Rep. Richard T. Schulze Rep. E. G. "a2d" Shuster

• Rep. Robert S. Walker Rep. OJ3 Ya tron Gov. Dick Thornburgh

'IMI-l Service List

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H. John Heinz.111 U.S. Senators Donald L. Ritter 212 Allentown Post Office Building' k)k Y

• aw ll l abbal Allentown PA 18101 United States Senate SR-277 Russell Senate Ollice Building (215)439-8861 YEARLY SAVINGS Washington. D.C. 20510 Richard T. Schulze, (202)224-6324 2 E. Lancaster Avenue y '*

Arlen Specter Paoli PA 19301

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t United States Senate (215)648-0555 .

SH-331 Hart Senate Office Building E. G. " Bud" Shuster .M .'

Washington D.C. 20510 Penn Alto Hotel kN -) \@<b(

(202)224 4254 Altoona PA 16601 +

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c, U.S. Representatives (814)946-1653 f ' ' f' Robert S. Walker (. .

f. y 5 George W. Gekas 50 N. Duke Strbet N9 h } ' ,} i <j /

No.1 Riverside Office Center Lancaster. PA 17602 (Is ,eur,'. ,- - ,

2101 II. Front Street ',,

(717)393-0666 ,is -l Harrisburg, PA 17110 (717)232-5123 Gus Yatron p g P.04 Box 776 4 William F. Good'ing # , " ; ;'g.'

Room 103 Federal Building Reading PA 19603 ,.

York PA 17404 (21 E') 375-4572 IN THE CASE  %- .

t, (717)843-8887 } - O F TMI-1... "k..

Peter H. Kostmayer 44 E. Couri Street Doylestown. PA 18901

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ff y'Ij lt is important that you, as a customer.

know the facts on an issue that affects (215)345-8543 c. .i r .. ui .. s ,.i. your electric bill and the overall economy of the area where you live and work. That

^ Joseph M. McDade 1223 Bank Towers Building issue is the restart of Three Mde Island Unit 1 (TMI-1)- the undamaged nuclear Scranton. PA 18503 The e pease or sais oiti iasert is aos che,,,, ,, plant at TMI that was not involved in the (717)346-3834 curromers. 1979 accident.

. g 1o/84 6

What tha Shutdown is Costing routina rs-fusling a't tha time' of th3 A Fcir C:;nclusion

• TMl-1 previd:d a siz abla portion of cccid:nt et TMI-2 in March,1979.

M:t Ed's generating capacity. Being de- That summer.the Nuclear Regulatcry Met-Ed and other nuclear generation utilities acknowledge that for any nuclear priv:d of what it could produce means we Commission (NRC) ordered TMl-1 t

• must purchase almost one quarter of the remain shut down due to extraordinary plant, there are apt to be some open issues clictric energy which we supply to all our circumstances resulting from the accident at any given time. For TMI-1, the several cust:m:rs. That electricity is purchased at ne " issues that are still open can be addressed from cther electric utilities at a relatively nie s W been W by using existing NRC procedures. This ,

high cost - a cost which is included in the overf.we and one-half years. By August can - and should - be done as at is for porti:n of your bill labeled " Energy Cost 1982, the Atomic Safety and Licensing other nuclear plants;it should not be tied R a t a... Board had found in favor of restart on all to lifting the shutdown order.

Tha Energy Cost Rate (ECR) has been issues. However, the Appeal Board sub- if you believe that the regulatory rising, cnd under present circumstances sequently ordered reopening of the hear- rocess which this country has set up for is lik:ly to increase. However, when TMI-1 Ings to augment the record on four of the nuclear power should be allowed to is citow:d to restart, Met-Ed will be able to issues. operate without distortion by political.

make a substantial reduction in the ECR . The staff of the NRC has consistently rhetoric or emotion, then we urge you to dum to reduced need for purchased power. advised the Commission that ;a .s obligated express that belief. This can be done by As e result, the restart of TMl-1 will to lif t the shutdown orders once the '" extra- letters or telephone calls to the Nuclear bring cbout an estimated savings of $47.5 ordinary circumstances which caused Regulatory Commission in Washington million a year for Met-Ed customers - a the order to be issued are resuived. in July, and to your elected officials.

n:t d::crcase from current rates averaging 1984, the NRC staff concluded that:

4.9% to 9.6% depending on customer " GPU Nuclear can and will operate TMI-

.. You may write or call the following com-classification. We believe that our cus- 1 without undue risk to the health and missioners at:

tom rs - the people concerned about safety of the public. The Staff therefore, Nuclear Regulatory Commission r budg ts for homes, businesses, and in- revalidates its position on licensee's 1717 H. Street, N.W.

dustries - should be allowed to realize management integrity." Washington, D.C. 20555 this substantial savings. Telephone: 301 -492-7000 What remains to be done is for the The Actions of the Regulators five NRC Commissioners to reach a Commissioners decision on lifting the 1979 shutdown Nunzio Palladino, Chairman TMI-1 operated with an excellent order. On September 1,1984, they voted record for four and one-half years, serving Thomas Roberts to put off any decision on the matter for at James K. Asselstine Met Ed customers safely and economi- least another 90 to 150 days, pending cally. It happened to be shut down for Frederick M. Bernthal further, review. Lando W. Zech, Jr.

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