ML20133E877
| ML20133E877 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/04/1985 |
| From: | Trowbridge G GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#485-682 SP, NUDOCS 8510100048 | |
| Download: ML20133E877 (6) | |
Text
r' Gp UNITED STATES OF AMERICA i
NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing BNrdCT -7 Ay ;p3 CrrTE r: :,";.
Gacyrf (""'
N In the Matter of
)
METROPOLITAN EDISON COMPANY
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Docket No. 50-289 (Three Mile Island Nuclear
)
(Restart)
Station, Unit No. 1)
)
LICENSEE'S RESPONSE TO THE PETITION OF MARVIN I. LEWIS FOP A NEW LEAK RATE CONTENTICN On September 19, IT85, intervenor Marvin I. Lewis (herein-after Petitioner) filed with this Atomic Safety and Licensing Board a new contention dealing with current leak rate practicos at TMI-1.
This Board has no jurisdiction to consider Petition-er's contention.
The Commission has, of course, now lifted the immediato effectiveness of its prior Order shutting down TMI-1.
Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit No. 1), CLI-85-9, 21 N.R.C. 1118 (1985).
In so doing, the the commission earlier had concluded that "hoarings on THI-l leak rato practicos are not warranted" and reversed an Appeal Board decision reopening the restart hoarings on this issue.
Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit No. 1), CLI-85-2, 21 N.R.C. 282, 314 (1985).M Thoro now 1/
The Commission had also decided that the so-called Itertman allegations, dealing with pro-accident THI-2 leak rato practic-(Cont.inued next page) 8510100040 851004 PDR ADOCK 05000299 0
. being no proceeding before this Atomic Safety and Licensing Board dealing with current leak rate testing practices, this Board is without jurisdiction to consider Petitioner's conten-tion.
Even were this Board to have jurisdiction to consider a contention dealing with current TMI-1 leak rate practices, this Petitioner would be without standing to raise such a conten-tion.
Petitioner, who resides some 90 miles from THI, and whom the Licensing Board found not to qualify as an interested per-son, was admitted by this Atomic Safety and Licensing Board as an intervenor in this proceeding as a matter of discretion on a strictly limited basis with respect only to one contention con-corning filters and preheaters.
Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit 1), LBP-79-34, 10 N.R.C. 828, 853 (1979)
Petitioner was specifically excluded from participating in the restart proceeding on any other conten-tion.
Accordingly, even if this Board were to have ju-i risdiction to entertain further leak rate contentions, peti-tiener would have no standing to participate.
l i
i (continued) es, did not raise safety issues currently significant to TMI's operations, and hearings on these issues were not necessary as part of the restart proceeding.
Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit No. 1), CLI-85-2, 21 N.R.C.
t 282, 304-5 (1985).
g-
. Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE Bys Abfd
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/d G$brge/F. Trowbridge, P.7 Ernest L. Blake, Jr., P.C.
Dated:
October 4, 1985
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Sefore the Atomic Safety and Licensine Board
[
t In the Matter of
)
METROPOLITAN EDISON COMPANY
)
)
)
Docket No. 50-289 (Three Nile Island Nuclear
)
(Restart)
Station, Unit No. 1)
)
i CERTIFICATE OF SERVICE l
I hereby certify that copies of " Licensee's Response to the Petition of Marvin I. Lewis for a New Leak Rate Conten-
[
tion," dated October 4, 1985, were served on those on the atta-i ched Service List by deposit in the United States mail, postage prepaid this 4th day of October, 1985.
/W
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r y' ge F. Trowbridge, P.C.
DATED:
October 4, 1985 l
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't UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD r
In the Matter of
)
)
METROPOLITAN EDISON COMPANY
)
Docket No. 50-289
)
(Restart)
(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 Commiasion 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, Acomic Safety and U.S. Nuclear Regulatory Commission LicenFing 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. Zeck, 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 Christino N. Kohl Chairman, Atomic Safety and Atomic Safety and Licenaing Licensing Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Administrative Judge Docketing and Service Section (3)
Sheldon J. Wolfe Office of the Secretary Atomic Safety and Licensing Board U.S. Nucionr Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555
)
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SERVICE LIST PAGE 2 l
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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. O. Box 480 i
Middletown, PA.
17057 l
Atomic Safety and Licensing Appeal Board Panel Mr. and Mrs. Norman Aamodt i
U.S. Nuclear Regulatory Commission 200 North Church Street l
Washington, D.C.
20555 Parkesburg, PA.
19365
.i 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 Joanne Doroshow, Esquire Thomas Y. Au, Esquire office of Chief Counsel The Christic Institute l
\\
Department of Environmental 1324 North Capitol Street Resources Washington, D.C.
20002 i
l 505 Executive House P. O. Box 2357 Lynne Bernabei, Esquire Harrisburg, PA.
17120 Government Acccuntability Project l
Michael F. McBride, Esquire 1555 Connecticut Avenue 1
LeBoeuf, Lamb, Leiby & MacRae Washington, D.C.
20036 1333 New Nampshire Avenue, N.W.
i Washington, D.C.
20036 Ellyn R. Weiss, Esquire Harmon, Weiss & Jordan Michael W. Maupin, Esquire 2001 S Street, N.W.,
- 430 Nunton & Williams Washington, D.C.
20009 707 East Main Street P. O. Box 1535
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Richmond, VA.
23212
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M. I. Lewis 6504 Bradford Torr.
Philadelphia, PA.
19149 i
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