|
---|
Category:AFFIDAVITS
MONTHYEARML20065J3731992-12-18018 December 1992 Affidavit of Gj Giangi Responding to of R Gary Requesting Action by NRC Per 10CFR2.206 ML20151G6601988-07-19019 July 1988 Affidavit of Kl Harner.* Discusses Licensee Motion for Summary Disposition of Contentions 1,2,3,4b,5d,6 & 8.W/ Certificate of Svc ML20196B5321988-06-20020 June 1988 Affidavit of Cw Huver to Support Contentions 1,3 & 5.Svc List Encl ML20151C5101988-06-0909 June 1988 Affidavit of Lj Kosarek Reviewing Evaporator Technology Proposed at Tmi.W/Svc List ML20196B5271988-06-0909 June 1988 Affidavit of L Kosarek in Support of Contentions 3,4 & 5.* ML20154E4061988-05-13013 May 1988 Affidavit of H Behling (Contention 5d).* Supports Util Motion for Summary Disposition of Contention Re Effects of Tritium & Alpha Emitters/Transuranics.Certificate of Svc Encl ML20154E3831988-05-13013 May 1988 Affidavit of GG Baker (Contention 5d).* Supports Util Motion for Summary Disposition of Contention 5d Re Effects of Tritium & Alpha Emitters Such as Transuranics.Baker Resume Encl ML20154E3681988-05-13013 May 1988 Affidavit of Kl Harner (Contention 5d).* Supports Util Motion for Summary Disposition of Contention 5d.Harner Resume Encl ML20154E3131988-05-13013 May 1988 Affidavit of Dr Buchanan (Contentions 4b in Part & 6 on Chemicals).* Supports Util Motion for Summary Disposition of Contentions 4b & 6.Supporting Documentation Encl ML20154E2931988-05-13013 May 1988 Affidavit of Kl Harner (Contentions 4b in Part & 6 on Chemicals).* Affidavit in Support of Util Motion for Summary Disposition on Chemicals.Supporting Documentation Encl ML20154E2471988-05-13013 May 1988 Joint Affidavit of GG Baker,Dr Buchanan,Jj Byrne,Ta Grace, Je Tarpinian,Cs Urland & Ww Weaver (Contentions 1,2,3 & 8).* Supporting Documentation Encl ML20154E1991988-05-0909 May 1988 Affidavit of Dr Buchanan (Contentions 4b in part,4c,& 4d).* Supports Licensee Motion for Summary Disposition of Contentions.Supporting Documentation & Certificate of Svc Encl ML20149N0611988-02-22022 February 1988 Affidavit of Lf Munson.* Responds to Interrogatories in First Set of Interrogatories of TMI Alert/Sva.Certificate of Svc Encl.Related Correspondence ML20149N0541988-02-22022 February 1988 Affidavit of MT Masnik.* Responds to Interrogatories in First Set of Interrogatories of TMI Alert/Susquehanna Valley Alliance.Related Correspondence ML20149N0561988-02-19019 February 1988 Affidavit of Wd Travers.* Responds to Interrogatories in First Set of Interrogatories of TMI Alert/Sva.Related Correspondence ML20235F3881987-09-21021 September 1987 Affidavit of Hl Hofmann in Opposition to NRC Staff Motion to Rescind Protective Order.* Certificate of Svc Encl ML20238E6121987-09-0202 September 1987 Affidavit of F Skolnick.* Issuance of License Amend Would Delete Prohibition on Disposal of Accident Generated Water Imposed by Tech Specs 1.17,3.9.13 & 3/4.9.13 ML20238E6281987-08-31031 August 1987 Affidavit of Vl Stuchinski.* Requests Public Adjudicatory Hearing & Intervention on Behalf of Tmia to Litigate Safety of License Amend ML20211D7491987-02-13013 February 1987 Affidavit of MT Masnik Certifying That Statements & Opinions Given in Response to Gpu Nuclear Corp 860904 Interrogatories True & Correct to Best of Knowledge & Belief.Certificate of Svc Encl.Related Correspondence ML20213F7621986-11-0606 November 1986 Affidavit of RA Capra Re 831122 Interview W/Rd Parks Concerning Allegation That Eds Nuclear Analysis Associated W/Hpi Actuation Incorrect.Related Correspondence ML20203K0761986-07-31031 July 1986 Affidavit of Mv Cooper Re Request That 860725 Subpoena Be Modified to Allow Appearance in Southern CA Instead of Bethesda,Md.W/Certificate of Svc ML20138B2341986-03-14014 March 1986 Affidavit of Mm Aamodt Re Coaching of Sequestered Witnesses Prior to Hearing Concerning Cheating on Operator License Exams.Certificate of Svc Encl ML20138A2691986-03-0606 March 1986 Affidavit of Kk Pickering,Authorizing TMI Alert,On Behalf of Author & Other Public Citizens,To Litigate Proceeding Re Gpu Tech Spec Change Requests 148 & 153 Concerning Steam Generator Tube Plugging Criteria ML20138B2411986-03-0606 March 1986 Affidavit of Kk Pickering Re TMI Alert,Inc,Actions in Response to Licensee 860204 Request for Amend to License DPR-50,identified as Tech Spec Change 153,to Relax Tube Plugging Criteria.W/Certificate of Svc ML20137X4631986-03-0303 March 1986 Affidavit of MW Maupin Re Arrangements for Payment of Svcs on Behalf of Miller & Relationship W/Miller & Util ML20141E5871986-02-21021 February 1986 Affidavit of Kk Pickering Authorizing TMI Alert,Inc to Intervene in Proceeding Re Util Request for Amend to License.Certificate of Svc Encl ML20133H1431985-10-0707 October 1985 Affidavit of Lh Bettenhausen Re Allegations Raised by Mi Lewis 850919 Petition for New & Expanded Contention Concerning Hartman Leak Rate Allegations.Certificate of Svc Encl ML20126M2211985-06-14014 June 1985 Affidavit of Jj Persensky Re Response to ASLB 850503 Fourth Partial Initial Decision LBP-85-15 Concerning Proposed Plan to Evaluate Licensed Operators in Job Setting.Plan Acceptable.Certificate of Svc Encl ML20128H3361985-05-23023 May 1985 Affidavit of Hd Hukill Stating Readiness of TMI-1 to Startup & Complete Low Power Physics & Power Ascension Testing for 100% Power Operation & Opposing Delay in Authorization to Restart.Schedule Encl ML20128H3501985-05-22022 May 1985 Affidavit of Jg Graham Describing Economic Impacts of Delay of Restart of TMI-1 on Util Customers & Stockholders & on Cleanup Efforts for TMI-2.Stay of Startup Authorization Should Be Denied.Certificate of Svc Encl ML20112G5151985-01-14014 January 1985 Affidavit of L Bernabei & J Doroshow Supporting Motion to Disqualify Judge Iw Smith from Proceedings ML20112J8111985-01-11011 January 1985 Affidavit of Bd Elam Re TMI Alert Motion to Reopen Record on Basis of New Info Concerning Results of Plug Testing on once-through Steam Generator Tubes ML20112D8731985-01-11011 January 1985 Affidavit of Ty Au Supporting Motion to Disqualify Judge I Smith from Proceedings.Certificate of Svc Encl ML20112J8221985-01-10010 January 1985 Affidavit of Fs Giacobbe Re Allegations of TMI Alert Concerning Possibility of Reinitiation of Intergranular Stress Assisted Cracking.Certificate of Svc Encl ML20112G0041984-11-0909 November 1984 Affidavit of Kp Richardson Re Review of Allegations by Rd Parks Filed W/Dept of Labor Against Bechtel ML20107H8121984-11-0505 November 1984 Affidavit of RW Keaten,Addressing Dates of Handwritten Notes.Svc List Encl.Related Correspondence ML20106C5271984-10-19019 October 1984 Affidavit of L Bernabei Re Util 841011 Statement of Intention to Call Two Addl Witnesses on Dieckamp Mailgram Issue.Related Correspondence ML20084P0651984-05-0303 May 1984 Affidavit of Gc Sih Re Licensee 840224 Motion for Summary Disposition on Each of TMI Alert & Joint Intervenor Contentions.Certificate of Svc Encl.Related Correspondence ML20087D5831984-03-0707 March 1984 Supplemental Affidavit of Fs Giacobbe,Clarifying Misleading Statement in 840223 Affidavit ML20080R6081984-02-24024 February 1984 Affidavits of DG Slear,Bd Elam,Mj Graham,Sd Leshnoff & TS Giacobbe in Support of Licensee Motion for Summary Disposition of Each of TMI Alert & Joint Intervenors Contentions.Certificate of Svc Encl ML20080N0401984-02-15015 February 1984 Affidavit of Jh Taylor Re Classification Procedures for Proprietary Documentation ML20080P7931984-02-0707 February 1984 Affidavit of Jh Taylor Re Classification Procedure for Proprietary Info.Certificate of Svc Encl ML20080D5081984-02-0505 February 1984 Affidavit of Jh Taylor Re Determining Whether Documents Listed in Exhibit a Contain Proprietary Info ML20079J1791984-01-20020 January 1984 Affidavit of Rd Pollard Re Emergency Feedwater Sys Flow Instrumentation.Design Does Not Comply W/Nrc Rules.Operation Would Pose Undue Risk to Health & Safety of Public. Certificate of Svc Encl ML20080D5181983-10-23023 October 1983 Affidavit of Jh Taylor Re Determination of Whether Documents Listed in Exhibit a Contain Proprietary Info ML20072J4221983-06-16016 June 1983 Affidavit of Pl Lujanac That TMI Alert Planning Council Officially Endorsed TMI Alert 830519 Request for Hearing on Proposed License Amend Re Steam Generator Tube Repair,On 830607 ML20080D4951983-01-13013 January 1983 Affidavit of Jh Taylor Re Determining Whether Documents Listed in Exhibit a Contain Proprietary Info.Rept Comprises Info Which Affords B&W Opportunity to Obtain Competitive Advantage ML20070D6181982-12-0303 December 1982 Affidavit of Jh Taylor Re SER for Return to Svc After Repair of Steam Generators.B&W Info Considered Proprietary ML20028A7281982-11-22022 November 1982 Affidavit of Eg Wallace Re Installation of Hot Leg High Point Vents.Certificate of Svc Encl ML20063D1621982-08-25025 August 1982 Affidavit of RW Keaten Re NRC & Licensee Actions Taken in Response to NUREG-0737,Item II.K.3.30.Licensee Does Not Agree W/Nrc Summary of Actions.Certificate of Svc Encl 1992-12-18
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20210B8491999-07-21021 July 1999 Exemption from Certain Requirements of 10CFR50.54(w),for Three Mile Island Nuclear Station Unit 2 to Reduce Amount of Insurance for Unit to $50 Million for Onsite Property Damage Coverage ML20206D4141999-04-20020 April 1999 Exemption from Requirements of 10CFR50,App R,Section III.G.2 Re Enclosure of Cable & Equipment & Associated non-safety Related Circuits of One Redundant Train in Fire Barrier Having 1-hour Rating ML20206T7211999-02-11011 February 1999 Memorandum & Order (CLI-99-02).* Denies C George Request for Intervention & Dismisses Subpart M License Transfer Proceeding.With Certificate of Svc.Served on 990211 ML20198A5111998-12-11011 December 1998 Comment Opposing Proposed Rule 10CFR50.65 Re Requirements for Monitoring Effectiveness of Maintenance at Nuclear Power Plants.Proposed Rulemaking Details Collaborative Efforts in That Rule Interjects Change ML20154G2941998-09-17017 September 1998 Transcript of 980917 Public Meeting in Rockville,Md Re License Transfer of TMI-1 from Gpu Nuclear,Inc to Amergen. Pp 1-41 ML20199J0121997-11-20020 November 1997 Comment on Pr 10CFR50 Re Financial Assurance Requirements for Decommisioning Nuclear Power Reactors.Three Mile Island Alert Invokes Comments of P Bradford,Former NRC Member ML20148R7581997-06-30030 June 1997 Comment on NRC Proposed Bulletin 96-001,suppl 1, Control Rod Insertion Problems. Licensee References Proposed Generic Communication, Control Rod Insertion, & Ltrs & 961022 from B&W Owners Group ML20078H0431995-02-0101 February 1995 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & Lowpower Operations for Nuclear Reactors ML20077E8231994-12-0808 December 1994 Comment Supporting Proposed Rules 10CFR2,51 & 54 Re Rev to NRC NPP License Renewal Rule ML20149E2021994-04-20020 April 1994 R Gary Statement Re 10 Mile Rule Under Director'S Decision DD-94-03,dtd 940331 for Tmi.Urges Commissioners to Engage in Reconsideration of Author Petition ML20065Q0671994-04-0707 April 1994 Principal Deficiencies in Director'S Decision 94-03 Re Pica Request Under 10CFR2.206 ML20058A5491993-11-17017 November 1993 Exemption from Requirements in 10CFR50.120 to Establish, Implement & Maintain Training Programs,Using Sys Approach to Training,For Catorgories of Personnel Listed in 10CFR50.120 ML20059J5171993-09-30030 September 1993 Transcript of 930923 Meeting of Advisory Panel for Decontamination of TMI-2 in Harrisburg,Pa.Pp 1-130.Related Documentation Encl ML20065J3461992-12-30030 December 1992 Responds to Petition of R Gary Alleging Discrepancies in RERP for Dauphin County,Pa ML20065J3731992-12-18018 December 1992 Affidavit of Gj Giangi Responding to of R Gary Requesting Action by NRC Per 10CFR2.206 ML20198E5581992-12-0101 December 1992 Transcript of Briefing by TMI-2 Advisory Panel on 921201 in Rockville,Md ML20210D7291992-06-15015 June 1992 Exemption from Requirements of 10CFR70.24 Re Criticality Accident Requirements for SNM Storage Areas at Facility Containing U Enriched to Less than 3% in U-235 Isotope ML20079E2181991-09-30030 September 1991 Submits Comments on NRC Proposed Resolution of Generic Issue 23, Reactor Coolant Pump Seal Failure. Informs That Util Endorses Comments Submitted by NUMARC ML20066J3031991-01-28028 January 1991 Comment Supporting SECY-90-347, Regulatory Impact Survey Rept ML20059P0531990-10-15015 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N5941990-10-0404 October 1990 Transcript of 900928 Public Meeting in Rockville,Md Re Studies of Cancer in Populations Near Nuclear Facilities, Including TMI ML20055F4411990-06-28028 June 1990 Comment Supporting Petition for Rulemaking PRM-50-55 Re Revs to FSAR ML20248J1891989-10-0606 October 1989 Order.* Grants Intervenors 891004 Motion for Permission for Opportunity to Respond to Staff Correspondence.Response Requested No Later That 891020.W/Certificate of Svc.Served on 891006 ML20248J1881989-10-0303 October 1989 Motion for Permission for Opportunity to Respond to Staff Correspondence in Response to Board Order of 890913.* Svc List Encl ML20248J0301989-09-29029 September 1989 NRC Staff Response to Appeal Board Order.* Matters Evaluated in Environ Assessment Involved Subjs Known by Parties During Proceeding & Appear in Hearing Record & Reflect Board Final Initial Decision LBP-89-7.W/Certificate of Svc ML20247E9181989-09-13013 September 1989 Order.* Requests NRC to Explain Purpose of 890911 Fr Notice on Proposed Amend to Applicant License,Revising Tech Specs Re Disposal of Accident Generated Water & Effects on ASLB Findings,By 890929.W/Certificate of Svc.Served on 890913 ML20247G0361989-07-26026 July 1989 Transcript of Oral Argument on 890726 in Bethesda,Md Re Disposal of accident-generated Water.Pp 1-65.Supporting Info Encl ML20247B7781989-07-18018 July 1989 Certificate of Svc.* Certifies Svc of Encl Gpu 890607 & 0628 Ltrs to NRC & Commonwealth of Pa,Respectively.W/Svc List ML20245D3651989-06-20020 June 1989 Notice of Oral Argument.* Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from ASLB 890202 Initial Decision Authorizing OL Amend,Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890620 ML20245A5621989-06-14014 June 1989 Order.* Advises That Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from Board 890202 Initial Decision LBP-89-07 Authorizing OL Amend Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890614 ML20247F3151989-05-22022 May 1989 NRC Staff Response to Appeal by Joint Intervenors Susquehanna Valley Alliance/Tmi Alert.* Appeal Should Be Denied Based on Failure to Identify Errors in Fact & Law Subj to Appeal.W/Certificate of Svc ML20246Q2971989-05-15015 May 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20246J6081989-05-12012 May 1989 Licensee Brief in Reply to Joint Intervenors Appeal from Final Initial Decision.* ASLB 890203 Final Initial Decision LBP-89-07 Re Deleting Prohibition on Disposal of accident- Generated Water Should Be Affirmed.W/Certificate of Svc ML20247D2761989-04-20020 April 1989 Transcript of 890420 Briefing in Rockville,Md on Status of TMI-2 Cleanup Activities.Pp 1-51.Related Info Encl ML20244C0361989-04-13013 April 1989 Order.* Commission Finds That ASLB Decision Resolving All Relevant Matters in Favor of Licensee & Granting Application for OL Amend,Should Become Effective Immediately.Certificate of Svc Encl.Served on 890413 ML20245A8381989-04-13013 April 1989 Transcript of Advisory Panel for Decontamination of TMI-2 890413 Meeting in Harrisburg,Pa.Pp 1-79.Supporting Info Encl ML20245A2961989-04-13013 April 1989 Transcript of 890413 Meeting in Rockville,Md Re Affirmation/Discussion & Vote ML20248H1811989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* W/Certificate of Svc.Served on 890411.Granted for Aslab on 890410 ML20248G0151989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* Requests to File Appeal Brief 1 Day Late Due to Person Typing Document Having Schedule Problems ML20248G0261989-04-0606 April 1989 Susguehanna Valley Alliance/Tmi Alert Brief in Support of Notification to File Appeal & Request for Oral Argument Re Appeal.* Certificate of Svc Encl ML20248D7211989-04-0404 April 1989 Memorandum & Order.* Intervenors Application for Stay Denied Due to Failure to Lack of Demonstrated Irreparable Injury & Any Showing of Certainty That Intervenors Will Prevail on Merits of Appeal.W/Certificate of Svc.Served on 890404 ML20247A4671989-03-23023 March 1989 Correction Notice.* Advises That Date of 891203 Appearing in Text of Commission 890322 Order Incorrect.Date Should Be 871203.Certificate of Svc Encl.Served on 890323 ML20246M2611989-03-22022 March 1989 Order.* Advises That Commission Currently Considering Question of Effectiveness,Pending Appellate Review of Final Initial Decision in Case Issued by ASLB in LBP-89-07. Certificate of Svc Encl.Served on 890322 ML20236D3821989-03-16016 March 1989 Valley Alliance & TMI Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of 2.3 Million Gallons Of....* Certificate of Svc Encl.Served on 890316.Granted for Aslab on 890316 ML20236D3121989-03-15015 March 1989 Licensee Answer to Joint Intervenors Motion for Extension of Time to File Brief on Appeal.* Motion Opposed Based on Failure to Demonstrate Good Cause.W/Certificate of Svc ML20236D2901989-03-11011 March 1989 Valley Alliance/Tmi Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of Disposal of 2.3 Million Gallons of Radioactive Water at Tmi,Unit 2.* Svc List Encl ML20236A3761989-03-0808 March 1989 Licensee Answer Opposing Joint Intervenors Motion for Stay.* Stay of Licensing Board Decision Pending Appeal Unwarranted Under NRC Stds.Stay Could Delay Safe,Expeditious Cleanup of Facility.Certificate of Svc Encl ML20236C2441989-03-0808 March 1989 NRC Staff Response in Opposition to Application for Stay Filed by Joint Intervenors.* Application for Stay of Effectiveness of Final Initial Decision LBP-89-07,dtd 890202 Should Be Denied.W/Certificate of Svc ML20235V2641989-03-0202 March 1989 Notice of Aslab Reconstitution.* TS Moore,Chairman,Cn Kohl & Ha Wilber,Members.Served on 890303.W/Certificate of Svc ML20235V2161989-02-25025 February 1989 Changes & Corrections to Susquehanna Valley Alliance/Three Mile Island Alert Documents Submitted on 890221.* Certificate of Svc Encl 1999-07-21
[Table view] |
Text
_ ._____ _
e j
UNITED STATES OF AMERICA '
NUCLEAR REGULATORY COMNISSION In the Matter of .
) DOCHETED USNRC
}
NETROPOLITAN EDISON COMPANY )
(Three Mile' Island Nuclear Station, AFFIDAVITOFJOEoWohRE:54 Unit No. 1) )
) CFFICE 0; $ECREThe Docket No. 50-289 ) DCCKEr:NG& SE8vicr*
BRANCH STATE OF NEW JERSEY ) .
- se.
COUNTY OF MORRIS )
The undersigned, John G. Graham, being duly sworn, deposes and says:
- 1. I am Treasurer of General Public Utilities Corpora-tion ("GPU"), Vice President - Financial Planning and Treasurer of GPU Service Corporation ("GPUSC") , and Treasurer of GPU Nuclear Corporation ("GPUN"). In those capacities, I am responsible for the financial planning and cash management of GPU and its subsidiaries.
- 2. GPU is a public utility holding company registered as such with the Securities and Exchange Commission ("SEC") under the Public Utility Holding Company Act of 1935 (" Holding Company Act"). The SEC has found that the present electric utility properties of GPU's public utility subsidiaries (referred to in f
hbh G
DO f
, .. . - . . = - _ . . - - . -. - - . - . . _ _ . . - . - - . - . . - - - . - - . . - - . - . _ ._ ___ .-.
b paragraph 3 of this affidavit) are an integrated public utility system as. defined in the Holding Company Act, namely, utility assets which are physically interconnected and under normal conditions may be economically operated as a single interconnected
- and coordinated system confined in its operations to a single area or region not so large as to impair the advantages of localised management, efficient operation and the effectiveness of regula- 4 tion. GPUSC provides engineering, financial planning, accounting and similar services to GPU and its subsidiaries. GPUN is the
! Nuclear Regulatory Commission ("NRC") - licensed operator of Three Mile Island Nuclear Generating Station Unit, No. 1 ("TM1-1").
- 3. GPU has three public utility subsidiaries, Jersey Central Power & Light Company (" Jersey Central"), Metropolitan Edison Company (" Met-Ed") and Pennsylvania Electric Company
("Penelec") which collectively provide electric service to the more than 4 million residents of their service areas which comprise approximately one-half the land area of the States of New Jersey and Pennsylvania. Such service areas embrace a 24,000 square mile
( region extending from the Northwestern corner of Pennsylvania on Lake Erie, at Erie, Pennsylvania to the Southeastern portion of New Jersey on the Atlantic Ocean at Asbury Park, New Jersey. A map of the GPU System service area is annexed as Appendix A. The largest communities served are Erie, Pennsylvania and Long Beach, New i Jersey; other communities served include Altoona, Easton, Johns-l l town, Reading and York, Pennsylvania and Asbury Park, Morristown, I and Philipsburg, New Jersey.
l .
i
~. ---.,m..-_______.,___,-_ov-._..-___._.-____.-,.s. . , . _ _ _ _ _ . _ _ - - _ . _ , _ _ - , . , - - - , _ . , , , . . . . _ , , _ , - . _ _ _ _ _ _ _ _ . _ _ _ _ _ _ . . -. _ _ - - _ _ - ,
l
- 4. Met-Ed, Jersey Central and Penelee are the NRC-licensed owners, as tenants-in-common, of TMI-1, with Met-Ed owning a 50% tenant-in-common ' undivided interest and Jersey Central and Penelee each owning a 25% tenant-in-common undivided interest.
Since July 2, 1979, TMI-1 has been shut down by an immediately effective order of. the NRC suspending the authority to operate
' TMI-l under the operating license granted in 1974 until that suspension should be lif ted by a further order of the NRC. As a consequence of that July 2, 1979 order, the TMI-l owners have been required to purchase electric- power and energy to replace that which would have been provided by TMI-l if it had been permitted to operate. Moreover, because the NRC has not permitted TMI-l to be operated, the Pennsylvania Public Utility Commission ("PaPUC") and
- New Jersey Board of Public Utilities ("NJBPU"), which have rate-making jurisdiction over the e' Js Charged by Met-Ed, Penelec and Jersey Central to their retail customers, have excluded from such rates all of the TMI-1 capital costs and all~but a small part of the TMI-l operating costs.
- 5. Applications have been filed with the NRC requesting that, if the NRC should issue an order authorizing the restart of TMI-1, the NRC should stay the effectiveness of such an order.
This affidavit is submitted in opposition to such applications, on the ground that such a stay would substantially harm other parties interested in these proceedings and would be contrary to the public interest.
l
- 6. The operation of TMI-l will reduce pro rata the need of the TM1-1 owners to meet the requirements of their customers-by purchasing more expensive replacement power from other utilities and ,by operating their own higher cost generating facilities. Under outstanding rate orders of the PaPUC, as soon as the NRC authorizes the restart of TMI-1 and TMI-l achieves and maintains for 100 hours0.00116 days <br />0.0278 hours <br />1.653439e-4 weeks <br />3.805e-5 months <br /> a power level of at least 35% of its rated capacity, the resulting reduction in . power costs will be reflected in ' energy cost rates charged by Met-Ed and Penelec to their retail customers and the base rates charged to such customers will'be increased to reflect the operating and capital costs of TMI-1. Under comparable orders 'of the NJBPU, substantially the same economic results will take place with respect to the rates charged by Jersey Central to its customers.
The TMI-l owners anticipate that, when TMI-1 is operating at normal power levels and the energy cost and base rate charges to their 4
customers are adjusted,.as provided for in such orders of the PaPUC and NJBPU, the net charges of the TMI-1 owners to their customers will be reduced by approximately $80 million annually or approximately $1.5 million per week. Thus, for every week's delay in achieving full power operation of TMI-1 as a consequence of any stay of the effectiveness of an NRC order authorizing TMI-1 restart, the customers would be subjected to a substantial economic cost for which they can never be made whole. Moreover, while TMI-1
_4 1
is in a power ascension mode pursuant to such order, the reduction in net costs for electricity of such customers would be somewhat smaller but still significant, and consequently, a stay of the effectiveness of an NRC order authorizing TMI-1 restart which precluded the commencement of power ascension would affect such customers materially and adversely.
- 7. In addition, for those customers of Met-Ed, Penelec and Jersey Central to whom the cost of electricity is a significant part of- the total cost of producing goods and/or services, the granting of a stay (with its attendant consequence of higher net rates) would continue to subject them to competitive disadvantages in national and international markets, with adverse impacts upon their ability to compete and, consequently, on the employment opportunities and economic health of the TMI owner's service areas.
j 8. A stay of the effectiveness of an NRC order authoris-ing restart of TMI-1 will also irreparably injure the economic
- interests of the approximately 100,000 owners of the common stock of GPU, since it would reduce the GPU common stock earnings by approximately $60 million, or more than $1 million a week, as long as the operation of TMI-1 did not meet the requirements of the PaPUC and NJBPU orders summarized above.
- 9. The cost of cleanup and decontamination of TMI-2 has been estimated at $1 billion, for which only $300 million was available from insurance. (At the time 5f the TMI-2 accident on l
! :s March 28, 1979, $300 million was the maximum available through insurance for nuclear decontamination; that amount has now been increased prospectively to approximately $1 billion for a nuclear accident occurring after such new insurance arrangements became l effective.) Af ter protracted ef forts beginning promptly af ter the i accident, agreement on a plan for the shared funding of TMI-2 decontamination costs was finally reached in 1984 and has begun to be implemented . That plan provides for the participation in such f unding of TMI-2 cleanup by the TMI owners, the electric utility industry, the United States Department of Energy, the States of Pennsylvania and New Jersey, and a group - of Japanese utilities. Implementation of that plan requires, however, advances by the TMI owners over the 1985-1987 period of approximately $100 million in excess of the amounts assigned to them by that plan.
! Such advances are necessary because it is desirable that TMI-2 decontamination proceed on a schedule that requires that funds be available .at an earlier date than the dates when some of the participants in the funding plan will be able to make available all the funds that they have undertaken to provide for TMI-2 decontamination. While the TMI-l owners are determined to 4 make such advances, their ability to do so wLil be materially facilitated by reason of their increased base rates and earnings if
- - the requested stay is not granted and if TMI-1 is permitted to i
operate.
4
---w , - , , - - - - ,,,,wn,--n-- - , - - - . . .
-~.-,-.,----n,_, ._.,--,,,.-,n,,-
-- - - . - - - - , - - - , - - - - + . - - , - ~ - - - - -
- 10. Based on the foregoing considerations, it is my view that ( a) irreparable and substantial injury would be caused by the grant of a stay to (i) the more than four million residents of the service area of the owners of TMI-1, (ii) the economy of the 24,000 square mile area in Pennsylvania and New Jersey which they serve, (iii) the stockholders of GPU and (iv) the timely prosecution of the TMI-2 cleanup, and (b) the public interest requires that such a stay be denied.
O M+
1 John G m Sworn to and subscribed before me this Z7 3 day of /I2% 1985
/ l wb 4 N -
Arthur R. Cooke An Attorney-at-law of the State of New Jersey 1.
r I
11 4
ll GPU SYSTEM SERVICE AREA j FRONT ST a e GP'u MEMBER COMPANIES i
) is 5:
i: WAR'R M
- Ti.TEsvislEi&!::[
( .......
!:,m. :1
^ '~
m, I
GSCRANTON i
MtLFon ta e wtLKESSARRE
... . . .ii D i5 e ! YARDS j
PUhEsUTAh%V e.:
ILLE _
i g STaouDSBUMta
,a Pennsylvania A WE KEYSTONE :..:
e sT ATE COLLEGE ponytano i J le epRSIP ANY le MORRI WN (M AN A':{
.........................- EAsm"
+
llOMER CITY i P::~
i
- SEWARD:: :: LEw GILBERT![Ank y i- - :f::" .lSTOWN 9 READIN LEHEM
, dt.!AySBURG i
j
..... . i kII: LEs YERTows
'CONEM AUGil!! H ^nRissunc k A US SAYREVILL I
e P TTsnuncH .iRMMW i:
spa EHO 4 e
M ~ 4 4UltYP4hK
. " I' TMENTON PHILADELPHI A G
. , _ . ii OYSTEyE New Jersey I
3 CONVENTION AL STE AM erGe PLANT
- g. NUCLEAR PLANT j MINE MOUTH PLANT
'~
t,.. PUMPEo.To.AoE PiuT i
?
..;~
UNITED STATES'OF AMERICA
, NUCLEAR REGULATORY COMMISSION UED BEFORE THE COMMISSION
-In the Matter of )
)
METROPOLITAN EDISON COMPANY ) Docket No. S6p gCgp iAjl,{
} BRANCH (Three Mile Island Nuclear )
Station, Unit. No. 1) )
CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Opposition to TMIA Stay Request," with attached affidavits, were served this 24th day of May, 1985, by hand delivery for those so designated on the attached Service List, and by deposit in the U.S. mail, first-class, postage prepaid, to all other parties.
' ~
Robert E. Zahlef Counsel for Licensee Dated: May 24, 1985
4 14 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
)
METROPOLITAN EDISON COMPANY ) Docket No. 50-289
)
(Three Mile Island Nuclear )
Station, Unit No. 1) )
SERVICE LIST
- Nunzio J. Palladino, Chairman Administrative Judge-U.S. Nuclear Regulatory Commission Gustave A. Linenberger, Jr.
Washington, D.C. 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission
- Thomas M. Roberts, Commissioner Washington, D.C. 20555 U.S. Nuclear Regulatory Commission
' Washington, D.C. 20555 Administrative Judge Gary J. Edles
- James K. Asselstine, Commissioner Chairman, Atomic Safety and U.S. Nuclear Regulatory Commission Licensing Appeal Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555
- Frederick Bernthal, Commissioner U.S. Nuclear Regulatory Commission Administrative Judge Washington, D.C. 20555 Dr. W. Reed Johnson Atomic Safety and Licensing
- Lando W. Zech, Jr., Commissioner Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 ,
Administrative Judge Administrative Judge Ivan W. Smith Christine N. Kohl
. Chairman, Atomic Safety.and Atomic Safety and Licensing
~ Licensing Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Administrative Judge *0ccketing and Service Section (3)
Sheldon J. Wolfe Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington,.D.C. 20555
[
SERVICE LIST PAGE 2
. Atomic Safety and Licensing Mr. Henry D. Hukill Board Panel Vice President U.S. Nuclear Regulatory Commission GPU Nuclear Corporation
-Washington, D.C. 20555 P. 0. Box 480 Middletown, PA. 17057 Atomic Safety and Licensing Appeal Board Panel Mr. and Mrs. Norman Aamodt U.S. Nuclear Regulatory Commission 200 North Church Street Washington, D.C. 20555 Parkesburg, PA. 19365
- Jack R. Goldberg, Esquire Mrs. Louise Bradford Office of Executive Legal Director TMI ALERT U.S. Nuclear Regulatory Commission 1011 Green Street Washington, D.C. 20555 Harrisburg, PA. 17102 Thomas Y. Au, Esquire *Joanne Doroshow, Esquire Office of Chief Counsel The Christic Institute Department of Environmental 1324 North Capitol Street Resources Washington, D.C. 20002 505 Executive House P. O. Box 2357
- Lynne Bernabei, Esquire Harrisburg, PA. 17120 Government Accountability Project Michael F. McBride, Esquire 1555 Connecticut Avenue LeBoeuf, Lamb, Leiby & MacRae Washington, D.C. 20036 1333 New Hampshire Avenue, N.W.
Washington, D.C. 20036 Ellyn R. Weiss, Esquire Harmon, Weiss & Jordan Michael W. Maupin,-Esquire 2001 S Street, N.W., #430 Hunton & Williams Washington, D.C. 20009 707 East Main Street P. O. Box 1535 Richmond, VA. 23212 l
l l *By Hand Delivery l
j
- - . . . . - . .. .