ML20206T834
| ML20206T834 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/25/1999 |
| From: | Gallen K AFFILIATION NOT ASSIGNED, MORGAN, LEWIS & BOCKIUS |
| To: | NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| CON-#199-19979 LT, NUDOCS 9902120064 | |
| Download: ML20206T834 (4) | |
Text
./9979 1800 M Street, N W.
Watington, D C. 200364869
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g aBockius ur fax 202 467-7176 C0UN5ELoRS AT law Kevin P. Gallen 202-467 7462 January 25,1999 Secretary U.S. Nuclear Regulatory Commission ATTN: Rulemakings and Adjudication Staff Washington, DC 20555-0001 Re-Three Mile Island Nuclear Station, Unit 1 (TMI-1)
Facility Operating License No. DPR-50 Docket No. 50-289 L T License Amendment Request No. 278 Prooosed License Transfer and Conforming Administrative License Amendments
Dear Mr. Secretary:
Pursuant to 10 C.F.R. { 2.1305(c), AmerGen Energy Company, LLC (AmerGen), along with GPU Nuclear, Inc. (GPUN) one of the joint applicants with respect to the above-referenced License Transfer Application, submits the following response to the one page letter of comments on this application submitted by Camille " Bud" George, a Member of the House of Representatives of the Commonwealth of Pennsylvania.
Although Mr. George's letter is dated January 11,1999, the envelope in which a copy of this letter was mailed to counsel for AmerGen was postmarked January 12,1999.
i Initially, AmerGen wishes to note that the sale of TMI-l to AmerGen is being l
undertaken pursuant to electric industry restructuring legislation enacted by the Pennsylvania House of Representatives and restructuring orders and settlements j
approved by the Pennsylvania Public Utility Commission (PaPUC).
WA03A/1039.1 9902120064 990125 PDR ADOCK 05000209 0
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Phdadelphia Washington New York Los Angeles M,ami Harnsburg Pnneeton London Brussels Frankfurt Tokyo
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Mon;an, Lewis Secretary of the Commission January 25,1999 Page 2 With respect to the substance of his comments, AmerGen concurs with Mr. George that the "NRC has the expertise and the jurisdiction to provide for the public health and safety"in its review of this application. AmerGen also shares Mr. George's expectation that the NRC will " examine the relevant facts and conduct a thorough but efficient investigation," as evidenced by the Public Meeting with the NRC Staff that was held with respect to the proposed license transfer on September 17,1998 and the Requests for Additional Information (RAls) from the NRC Staff pertaining to the application.
AmerGen is equally confident that the NRC decision on the application will, consistent with its statutory obligations and responsibilities," include all appropriate safeguards to ensure the safety of the community and the environment."
Mr. George also asks that the NRC " ensure that a federal hearing is held on the pending license transfer application" and acknowledges that any such NRC " hearing would be based on the applicable federal laws and procedures." AmerGen agrees that the Atomic Energy Act and NRC's procedures govern any hearing process related to this application. As the NRC is well aware, the procedures set forth in the newly-adopted Subpart M of 10 CFR Part 2 of NRC's regulations " constitute the exclusive basis for hearings on license transfer applications." 10 C.F.R. f 2.1304. Pursuant to these procedures, the NRC placed a Notice in the Federal Register related to the TMI-1 license transfer application, which was published on December 21,1998. 63 Fed. Reg. 70436 (Dec. 21,1998). This Notice included an " Opportunity for a Hearing" provision.
l Under the terms of this Notice and Subpart M, requests for a hearing had to be received l
by the NRC and counsel for the Applicants by January 11,1999 and had to " comply with the requirements set forth in 10 CFR 2.1306." See 63 Fed. Reg. at 70436; 10 C.F.R. Q 2.1306,2.1313. No such request for a hearing was filed by Mr. George or anyone else. Therefore, there is no basis for any further proceedings pursuant to the hearing provisions of Subpart M in connection with the TMI-l license transfer application.
Accordingly, in considering Mr. George's comments, AmerGen believes that the Commission should recognize that (a) the NRC Staffis conducting a thorough review of the TMI-l license transfer application and will assure that the public health and safety and the environment will be adequately protected in connection with this application, (b) an opportunity for a hearing was provided in accordance with applicable federal law and procedures, and (c) there is no basis for any further dO3A/10391 l
Mo an.Irwis G
ius ui
' Secretary of the Commission.
January 25,1999 Page 3 l
proceedings on this application under the hearing provisions of the applicable NRC rules.
Sincerely, l
Q evin P.'Gallen Counsel for AmerGen Energy Company, LLC cc:
(See' Attached Service List)
Enclosure l
sA03A/10391
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.c UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'W JY127 P2 :56 IN THE MATTER OF DOCKET NO. 50-289 GPU NUCLEAR INC.
LICENSE NO. DPR-50 AL CERTIFICATE OF SERVICE This is to certify that a copy of AmerGen's Response to the Comments of Representative Camille " Bud" George on the Proposed License Transfer and Conforming Administrative License Amendments, including License Amendment Request No. 278, to the Facility Operating License and Technical Specifications for Three Mile Island Nuclear Station Unit 1, has, on the date given below, been served on the parties listed below, by deposit in the United States mail, addressed as follows:
Mr. l>aryl LeHew, Chairman David R. Lewis, Esq.
Board of Supervisors of Londonderry Shaw, Pittman, Potts, & Trowbridge Township 2300 N Street, N.W.
R.D. #1, Geyers Church Road Washington, DC 20037 Middletown, PA 17067 Director, Bureau of Radiaton Protection The Honorable Camille " Bud" George PA Dept. of Environmental Resources House of Representatives Rachael Carson State Office Building Commonwealth of Pennsylvania P.O. Box 8469 Room 38B Capitol Building Harrisburg, PA 17105-8469 House Box 202020 Attn: Mr. Stan Maingi Harrisburg, PA 17120-2020 Ms. Sally Klein, Chairman Board of County Commissioners of Dauphin County Dauphin County Courthouse Front & Market Streets Harrisburg, PA 17101 By:
s
/ Kevin P/Gallen Morgan, Lewis & Bockius LLP Counsel for AmerGen Energy j
Company, LLC Date: January 25,1999