ML20206T721

Memorandum & Order (CLI-99-02).* Denies C George Request for Intervention & Dismisses Subpart M License Transfer Proceeding.With Certificate of Svc.Served on 990211

ML20206T721
Person / Time
Site:	Three Mile Island
Issue date:	02/11/1999
From:	Vietticook A NRC OFFICE OF THE SECRETARY (SECY)
To:	PENNSYLVANIA, COMMONWEALTH OF
References
CON-#199-19981 CLI-99-02, CLI-99-2, LT, NUDOCS 9902120028
Download: ML20206T721 (3)

Text

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}T9ff 9 DOCKETED UNITED STATES OF AMERICA USNRC t NUCLEAR REGULATORY COMMISSION 99 FEB 11 P2 :14 i COMMISSIONERS:

Shirley Ann Jackson, Chairman Greta J. Dieus ADJUL fF  !

Nils J. Diaz '

Edward McGaffigan, Jr.

Jeffrey S. Merrifield BERVED RB 11 1999 l

)

in the Matter of ) l

)

GENERAL PUBLIC UTILITIES NUCLEAR ) Docket No. 50-289 CORPORATION, et al. )

) l (Three Mile Island Nuclear Station, Unit 1) ) )

) l CLl-99 02 MEMORANDUM AND ORDER i

This proceeding involves a license transfer application involving the Three Mile Island Nuclear Station, Unit 1. The plant's operator (General Public Utilities Nuclear Corpcration, or "GPU") and owners (Metropolitan Edison Company, Jersey Central Power & Light Company and Pennsylvania Electric Company) collectively seek the Commission's permission to transfer GPU's facility operating license to AmerGen Energy Company (AmerGen).

On January 11,1999, Mr. Camille " Bud George of the Pennsylvania State House of Representatives submitted a letter asking us to " ensure that a federal hearing is held" on this application and "to ensure that Pennsylvanians are not put at risk by this facility." On January 22'd, Mr. George's office informed the Commission's Office of the Secretary ("SECY") by telephone that Mr. George had intended his letter to be both an intervention petition and hearing request. SECY responded that Mr. George had not satisfied the regulatory provisions governing requests for intervention and hearing in a Subpart M license transfer proceeding.

9902120028 990211 PDR ADOCK 05000289 0 PDR WO

1 See 63 Fed. Reg. 66,721 (Dec. 3,1998), to be codified at 10 C.F.R. Part 2, Subpart M.

Immediately following the phone call, SECY mailed Mr. George's office a copy of Subpart M.

GPU and AmerGen, in their Answers opposing Mr. George's intervention, argued that 1

the procedural failures specified above were fatal to his requests. Mr. George filed no Reply to those Answers but, on February 11*, submitted a second letter which he says " amend [s),

clarif[ies) and [ restate [s)" the content of his first letter. We agree with GPU and AmerGen that Mr. George has failed to satisfy the requirements set forth in Subpart M for intervention.

Nothing in Mr. George's most recent correspondence convinces us otherwise. We therefore deny Mr. George's requests and dismiss this proceeding. The NRC staff, of course, will review l the license transfer application to ensure that all regulatory requirements are met and that the l

public health and safety is protected.

IT IS SO ORDERIO.

gH hec For the Commission l

y h% p a n H e so O 4[ nLh/M M P Annette L. Vietti-Cook 0 ,O

+ Secretary of the Commission Dated at Rockville, Maryland, this 11th day of February,1999.

' Mr. George's second letter does not purport to be a Reply pursuant to section 2.1307(b). However, even construing it as such, the filing would still fail as being untimely and failing to reply (or refer) to GPU's and AmerGen's Answers.

j In our December 21" Federal Reoister Notice, we indicated that intervention petitions and hearing requests must be filed by January 11*, but that, as an alternative to requests for hearing and petitions to intervene, persons were also permitted to submit written comments to the Commission by January 20,1999, regarding the license transfer application. The Commission has received one comment, postmarked January 15*, from H.E. Williams, Jr. We have referred this comment, as well as Mr. George's two letters, to the NRC staff for its consideration.

I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of GENERAL PUBLIC UTILITIES NL'CLElA Docket No.(s) 50-289-LT CORPORATION, ET AL.

(Three Mile Island Nuclear Station, Unit 1)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMM MEMO & ORDER (CLI-99-02) have been :;erved upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Office of Commission Appailste Kevin P. Gallen, Esq.

Adjudication Morgan, Lewis & Bockius LLP U.S. Nuclear Regulatory Commission 1800 M Street, N.W.

Washington, DC 20555 Washington, DC 20036 The Honorable David R. Lewis, Esq. Camille " Bud" George Shaw, Pittman, Potts & Trowbridge House of Representatives 2300 N Street, NW Commonwealth of Pennsylvania Washington, DC 20037 Room 38B Main Capitol Building House Box 202020 Harrisburg, PA 17120 Dated at Rockville, Md. this 11 day of February 1995 Office of the Secretary otf the Commibn 1

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