ML20100K258

Request to Address Commission on Issue of TMI-1 Steam Generators at 850418 Staff Briefing.Certificate of Svc Encl

ML20100K258
Person / Time
Site:	Three Mile Island
Issue date:	04/09/1985
From:	Bradford L, Doroshow J THREE MILE ISLAND ALERT
To:	NRC COMMISSION (OCM)
References
CON-#285-477 SP, NUDOCS 8504120355
Download: ML20100K258 (5)

Text

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Aw UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION CCV.ETED USMC 1

Before the Commission

'85 In 10 P3:18 In the Matter of ) GFFICE Or SECEETAry

) 00CKETmG s SEi:VfCf.

METROPOLITAN EDISON COMPANY ) DocketNo$5@2895O

) (Steam Generator.

(Three Mile Island Nuclear ) Repair)

Station, Unit 1) ')

TMI A'S FORMAL REQUEST TO MAKE ORAL PRESENTATION TMIA hereby respectfully rechuests an opportunity, equal to that of the NRC Staf f's, to address the Commission on the issue of TMI-l's steam generators at the scheduled April 18 Staff briefing before the Commission. The safety issues involved with the TMI-l steam generator repairs are the subject of on-going, hotly contested proceedings, and it would be a viola' tion of the Commission's ex parte rules to-allow only the Staf f to address the Commission on this issue.

The Appeal Board is currently considering TMIA's Appeal and Motion to Reopen the Record which was submitted in light of new infor-mation suggesting that the steam generator tubes at Unit 1 are con-

- tinuing to corrode. Oral arguments were held on April 3. A review of the transcript of that argument will reveal that the Appeal Board explicitly directed the parties to focus their arguments on the motion to reopen due to apparent concern on Board's part with the Licensee's

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and the Staff's technical evaluation of these new tube indications.

' In TMI A's view, there is a real possibility the record will be reopened. But whether or not this occurs, TMIA believes it is

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imperative that the Commission hear views contrary to those of

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8504120355 850409 PDR ADOCK 05000289 h 1 . .

the Staff, which has attempted to downplay the significance of these new indications in opposing the motion to reopen. It is also important that the the Union of Concerned Scientists be permitted to discuss its views with the Commission, in light of UCS's recent submittal to the Commission outlining its safety concerns with the steam generators.

More.over , TMIA notes the recent admonition by the U.S. Court of Appeals for the District of Columbia in denying a motion f or stay of operation of the Waterford nuclear facility. (See Attachment). The Court warned, The pendency of these motions [to reop'en the record before the Appeal Board], which involve significant safety issues, raise troublesome doubts about the

' Commission's decision to authorize full-power operation of the plant. An Appeal Board decision to grant either motion to reopen the record on a contested safety issue would directly conflict with the Commission's issuance of the full power license.

The Court's concerns are equally relevant to the instant situa-tion where the Commission appears to be considering authorizing TMI-c1's operation before the Appeal Board has ruled on TMIA's motion to reopen. TMI A requests assurance from the Commission that it will not consider authorizing restart until the Appeal Board has ruled.

Respectfully submitted, THREE MILE ISLAND ALERT M M \. 4 , .  !  %

/

doanne Doroshow Dated: April 9, 1985 Louise Bradford

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m4 Enitch Gfates 60urt of Appeals FoR THE DISTRICT oF CoLUMBI A CIRCulT No. 85-1182 September Term,19 84 Oystershell Alliance, et al.

Petitioners Uniiad States Courtof Appg!s for the D.is'ri:: c Cobm':ia Ciredt v.

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United States Nuclear Regulatory Conmi s s i on and Un i t ed S t a t es o f

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America, G EORG E A. EIS H E R m .

Respondents Before: Wald and Mikva,* Circuit Judges and McGowan, Senior Circuit Judge ORDER -

! Upon consideration of petitioners' motion for stay, and the responses and reply thereto, it is ORDERED by the court that the motion is denied. The balance of equities does not favor the grant of a stay. See Virginia Petroleum Jobbers Association v. FPC, 259 F.2d 921 (D.C. Cir.

1958); Was hi ng t on Met ropol i t an Area Tra ns i t Conmi ss i on v. Holidav l Tours, Inc., 559 F.2d 841 (D.C. Cir. 1977). In reaching this

{ decision, the court assumes that the agency's Appeal Board will act expeditiously in resolving petitioners' two motions to reopen I

the record which have been pending before that Board since December 12, 1983, and November 8, 1984, respectively. The pendency of these motions, which involve significant safety issues, raise troublesome doubts about the Commission's decision to authorize full-power operation of the plant. An Appeal Board decision to grant either motion to reopen the record on a contested safety issue would directly conflict with the Comni s s i o n 's issuance of the full power license. At the present time, however, we do not believe the tension created by the procedural status of these motions is sufficient to warrant a stay. It is that Respondent's (Louisiana PowerFURTHER and Light ORDERED Company by)the motioncourt for leave to file response to petitioners' April I reply is denied.

1 Per Cur i am '

I t- t t

• Circuit Judge Mikva did not participate in this o'rder.

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m C '.t c.E TED UNITED STATES OF AMERICA '

NUCLEAR REGULATORY COMMISSION

'85 APR 10 P3:18 GFflCE OF SECRETAFY 00CKETi% A SERvlCf. ,

In the Matter of ) BRANCH l 1

) ,

? METROPOLITAN EDISION COMPANY ) Docket No. 50-289~ >

) (Steam Generator

-(Three Mile Island Nuclear ) Repair) -

Station, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of TMIA'S FORMAL REQUEST TO MAKE

~ ORAL PRESENTATION was served this 10th day of April, 1985, by deposit in the U.S. mail, first class, postage prepaid, or hand-delivered where possible, to all parties' on the attached service list.

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anne Doroshow

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Service List Nunzio J. Palladino, Chairman Frederick Bernthal, Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Thomas M. Roberts, Commissioner Lando W. Zech, Jr., Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 James K. Asselstine, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Gary J. Edles Dr. James C. Lamb, III Administrative Judge Administrative Judge Chairman, Atomic Safety and Atomic Safety and Licensing

' Licensing Appeal Board Board U.S. Nuclear Regulatory 313 Woodhaven Road Commission Chapel Hill, N.C. 27514 Washington, D.C. 20555 Mary E. Wagner, Esq.

Dr. W. Reed Johnson Office of Executive Legal Director Administrative Judge U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Dr. David L. Hetrick Washington, D.C. 20555 Administrative Judge Atomic Safety and Licensing Board

! Dr. Reginald L. Gotchy College of Engineering Administrative Judge Dept. of Nuclear and Energy Engr.

-Atomic Safety and Licensing The University of Arizona Appeal Board Tucson, Arizona 85721 U.S. Nuclear Regulatory I' ,

Commission Washington, D.C. 20555 Thomas Y. Au Assistant Counsel Sheldon J. Wolfe Commonwealth of Pennsylvania

' Administrative Judge Department of Environmental Chairman, Atomic Safety and Resources

. Licensing Board Bureau of Regulatory Counsel U.S. Nuclear Regulatory Room 505 Executive House Commission P. O. Box 2357 Washinoton, D.C. 20555 Harriab""a "" 'a u