ML20133L831

Joint Motion to Approve Joint Stipulation Re Settlement of Environ Coalition on Nuclear Power Proposed Contentions. Proposed Order Encl.W/Certificate of Svc

ML20133L831
Person / Time
Site:	Three Mile Island
Issue date:	10/22/1985
From:	Chandler L, Johnsrud J, Ridgway D Environmental Coalition on Nuclear Power, GENERAL PUBLIC UTILITIES CORP., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20133L811	List: ML20133L809 ML20133L821 ML20133L831
References
OLA, NUDOCS 8510240329
Download: ML20133L831 (6)

Text

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October 22, 1985

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-320 OLA

)

(Three Mile Island Nuclear )

Station, Unit No. 2) )

JOINT MOTION TO APPROVE STIPULATION i

For the purpose of resolving tne remaining proposed con-tentions advanced by the Environmental Coalition on Nuclear Power ("ECNP"), the Licensee, ECNP, and the NRC Staff have entered into the attached " Joint Stipulation Regarding Settle-ment of ECNP Proposed Contentions." Pursuant to the provisions of this Stipulation (which memorializes certain commitments by Licensee and the Staff),A the parties thereto hereby move the Atomic Safety and Licensing Board ("the Board") to enter an order approving the subject Stipulation, dismissing ECNP from the proceeding and dismissing the proceeding.

1/ The Stipulation provides that Licensee will leave in place and continue to operate its real-time monitoring system until shipment _from TMI has been completed of all TMI-2 core material the recovery of which is practicable (wheth-er located in or external to the pressure vessel), as evi-denced by a final accounting of the TMI-2 core which ac-counting has been received and accepted by the Nuclear Regulatory Commission. ECNP will continue to be sent-all documents currently being sent' pertaining to TMI-2 for the duration of cleanup and recovery activities or until ECNP t

notifies Licensee and the NRC Staff to the contrary.

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329 851022 '

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O A proposed Order granting the instant motion is provided for the Board's consideration. ~

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Respectfully submitted,

//LNf0 /WeJJ Yh*kfif Jddith Johnsrud Date ECN

/ 2 Lawrence J. Chandler Dat6 /

William Paton Counsel for NRC Staff Anbi Am . $A sh lOf9k$~

Cedrge F. TrowbriageU Uate Delissa A. Ridgway Counsel for Licensee i

l October 22, 1985 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-320 OLA

)

(Three Mile Island Nuclear )

Station, Unit No. 2) )

ORDER GRANTING JOINT MOTION TO APPROVE STIPULATION On , 1985, the Atomic Safety and Licensing Board was served with a Joint Motion, filed by all parties to the captioned proceeding, requesting Board approval of the

" Joint Stipulation Regarding Settlement cf ECNP Proposed Con-tentions" attached thereto. According to the Joint Stipula-tion, the subject Stipulation was entered into by ECNP, the NRC Staff, and Licensee for the purpose of resolving the remaining proposed contentions advanced by ECNP in this proceeding.1!

The Stipulation memorializes Licensee's commitment to leave in place and to operate its real-time monitoring system until shipment from TMI has been completed of all TMI-2 core material the recovery of which is practicable (whether located in or ex-ternal to the pressure vessel), as evidenced by a final ac-counting of the TMI-2 core which accounting has been received and accepted by the Nuclear Regulatory Commission. In 1/ ECNP,is the only petitioner remaining in this proceeding.

O addition, ECNP will continue to be sent all documents currently being sent (including formal correspondence to Licensee manage-ment, Weekly Status Reports, safety evaluations, exemptions, environmental review documents and changes to the Recovery Op-erations Plan) pertaining to TMI-2 for the duration of cleanup and recovery activities or until ECNP notifies Licensee and the NRC Staff to the contrary.

The Board regards the Joint Motion and subject Stipulation as furthering the principles of settlement and compromise of NRC litigation. Accordingly, the Joint Motion is hereby GRANTED and it is hereby ORDERED that:

1. The Stipulation is approved;

2. ECNP is dismissed from the proceeding; and

3. The proceeding is dismissed.

THE ATOMIC SAFETY AND LICENSING BOARD Sheldon J. Wolfe, Chairman ADMINISTRATIVE JUDGE Oscar H. Paris ADMINISTRATIVE JUDGE Frederick J. Shon ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this __ day of , 1985.

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UNITED STATES VF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

METROPOLITAN EDISON COMPANY, ET AL. Docket No. 50-320 OLA (Three Mile Island Nuclear Station, )

Unit 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of "J0 INT STIPULATION REGARDING SETTLEMENT OF ECNP PROPOSED CONTENTIONS", "J0 INT MOTION.T0 APPROVE STIPULATION" and "0RDER GRANTING JOINT MOTION TO APPROVE STIPULATION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Comission's internal mail system, this 22nd day of October, 1985:

Sheldon J. Wolfe, Chairman George F. Trowbridge, Esq.

Administrative Judge Shaw, Pittman, Pc'ts & Trowbridge Atomic Safety and Licensing Board 1800 M Street, N. .

U.S. Nuclear Regulatory Comission Washington, D.C. 20036 Washington, D.C. 20555*

Dr. Oscar H. Paris Dr. Judith H. Johnsrud Administrative Judge Environmental Coalition on Atomic Safety and Licensing Board Nuclear Power U.S. Nuclear Regulatory Comission 433 Orlando Avenue Washington, D.C. 20555* State College, PA 16801 Mr. Frederick J. Shon Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, D.C. 20555* Washington, D.C. 20555*

Atomic Safety and Licensing Appeal Docketing and Service Section Board Panel (8) Office of the Secretary U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, D.C. 20555* Washington, D.C. 20555*

j

. Karin W. Carter -

Mr. William A. Lochstet Assistant Attorney General 119 E. Aaron Drive 505 Executive House State College, PA 16801 P.O. Box 2357 Harrisburg, PA 17120 Jay Gutierrez Regional Counsel USNRC, Region I 631 Park Avenue King of Prussia, PA 19406*

Lawrence J. Chandler Special Litigation Counsel A