ML20136B381
| ML20136B381 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/02/1979 |
| From: | Trowbridge G SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Hendrie J NRC COMMISSION (OCM) |
| Shared Package | |
| ML20136B384 | List: |
| References | |
| REF-10CFR9.7 NUDOCS 7909050332 | |
| Download: ML20136B381 (3) | |
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July 2, 1979 The Honorable Joseph Hendrie Chairman U.S.
Nuclear P.egulatorn Commission Washington, D.C.
20555
Dear Mr." Chairman:
On Friday evening, June 29, 1979, Ccmmissioner Gilinsky announced in Middletown, Pa.,
that the Commission had decided to issue a formal order with respect to TMI-1.
While GPU has had no official notice of the Commission's action, it is our under-standing based on Commissioner Gilinsky's announcement that the order will require "MI-1 to remain shut down until further order of the Commission.and that an opportunity for public hearing will be provided prior to final Commission action.
The purpose of this letter is to request that GPU have an opportunity to review and comment on any proposed order with respect to the scope and conduct of the hearing and the Commis-sion's decisional process.
The Commission's determinations on these matters can make a difference of many months in the length of the proceeding.
1 We would be prepared to meet with the Commissien's staff or in the alternative to furnish our comments within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> of receipt of a proposed order.
Meanwhile, we have the folicwing suggestions:
j 1.
The scope of the hearing should be limited to issues which arise out of the TMI-2 accident 7909050'l~5 2
4 S H AW, PITTMAN, POTTS & TROWB RIDG E The Honorable Joseph Hendrie July 2, 1979 page Two i
and to whether the measures proposed by Metro-politan Edison Company to be accomplished prior to the start-up of TMI-l represent an adequate short-term response to that accident and a basis for restart of TMI-1.
These mea-sures are listed in a letter from Mr. Herbein to Mr. Denton, dated June 27, 1979 (copy at-tached).
_1 1
2.
Since the Ccmmission has decided that TMI-l should not restart until further decision and order of the Commission itself, the normal process of hearing and decision by an Atomic Safety and Licensing Board followed by appeals to the Appeal Board and then to the Commis-sion should not be followed.
One alternative would be to adopt instead the procedure fol-lowed in the Appendix I and ECCS rulemaking proceedings, i.e.
an adjudicatory hearing before a specially appointed hearing board which would then certify the record to the Commission for decision.
3.
The hearing board should be instructed, as permitted by present regulations, to consoli-date to the maximum extent possible multiple interventions by private individuals or groups.
4.
The order should make clear that pending the outcome of the hearing Metropolitan Edison Company may proceed to make modifications in the TMI-l plant and plant procedures in ac-cordance with existing Cc= mission regulations, including modifications already required by the Commission for other B&W reactor plants.
The above suggestions are consistent both with an op-portunity for citi: ens living in the vicinity of the plaat fully to participate in a public hearing and with the interest of the custcmers of Metropolitan Edison Ccmpany in the earliest practi-cable decision on the restart of TMI-1.
S H AW, PITTMAN, POTTS & TROWB RIDG E The Honorable Joseph Hendrie July 2, 1979 Page Three Mr. Herman Dieckamp and I plan to be present at the Commission's meeting today and we would be pleased to answer any questions with respect to this request.
Sincerely,
/g
/
eor,e F.
Trowbridge Counsel for GPU Enclosure cc w/ enclosure:
Commissioner Victor Gilinsky Commissioner Richard Kennedy 4
Commiss cner Peter Bradford Cc=miss.oner John Ahearne Samuel J.
Chilk, Secretary Leonard Bickwit, General Counsel