ML20223A103

Commonwealth of Pennsylvania, Department of Environmental Protection'S Notice of Withdrawal of Its Petition for Leave to Intervene and Request for an Extension of Time to File a Hearing Request

ML20223A103
Person / Time
Site:	Three Mile Island
Issue date:	08/10/2020
From:	Duke A State of PA, Dept of Environmental Protection
To:	NRC/SECY
SECY RAS
References
50-320-LT, General Proceeding, RAS 55758
Download: ML20223A103 (3)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE SECRETARY

)

In the Matter of )

)

THREE MILE ISLAND NUCLEAR )

STATION, UNIT NO. 2; )

CONSIDERATION OF APPROVAL OF ) Docket No. 50-320 LT TRANSFER OF LICENSE AND )

CONFORMING AMENDMENT )

)

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL PROTECTIONS NOTICE OF WITHDRAWAL OF ITS PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR AN EXTENSION OF TIME TO FILE A HEARING REQUEST Petitioner, the Commonwealth of Pennsylvania, Department of Environmental Protection (Department or DEP) hereby withdraws its Petition for Leave to Intervene and Request for an Extension to request a Hearing (Petition), which the Department filed on April 15, 2020 in the above-captioned proceeding and which remains pending before the U.S.

Nuclear Regulatory Commission (NRC or Commission) as of this date. The basis for this Withdrawal Notice is as follows:

1. On April 15, 2020, the Department filed the Petition in this matter before the NRC on the sole issue of whether TMI-2 Solutions had met the required financial qualifications to decommission the site. In its Petition the Department explained that its offices were physically closed due to COVID-19 in March and it needed an extension to allow time for it to retain a financial consultant to review the application material and have discussions with GPU Nuclear, Inc. (GPU Nuclear), Metropolitan Edison Company, Jersey Central Power & Light

Company, and Pennsylvania Electric Company (collectively referred to as the FirstEnergy Companies) and TMI-2 Solutions, LLC (TMI-2 Solutions) (collectively, Applicants) to determine whether the Applicants met the NRC decommissioning requirements and that there were sufficient funds to complete decommissioning. On July 27, 2020, the Department filed an unopposed motion requesting that the Commission not rule on its Petition until after August 10, 2020 so it had time to evaluate whether its concerns have been fully addressed by Applicants.

2. On August 10, 2020, the Department and Applicants executed a settlement agreement addressing the Departments concerns for purposes of this license transfer application. Consistent with the terms of that settlement agreement, the Department agreed to contemporaneously withdraw its Petition. For clarity, the Departments withdrawal of its Petition, does not affect the other Petition to Intervene and Hearing Request, which was filed by Eric Joseph Epstein and Three Mile Island Alert, Inc. on April 15, 2020 that remains pending before the Commission. Mr. Epstein and Three Mile Island Alert, Inc. are not parties to the settlement agreement between the Department and the Applicants.

Respectfully submitted this 10th day of August 2020.

Respectfully submitted, Commonwealth of Pennsylvania Department of Environmental Protection By its attorney, Signed (electronically) by Alicia R. Duke Assistant Counsel PA ID No. 209672 Southcentral Regional Office 909 Elmerton Avenue, Third Floor Harrisburg, PA 17110-8200 Telephone (717) 787-8790 Fax (717) 772-2400 August 10, 2020 Email: alduke@pa.gov 2

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE SECRETARY

)

In the Matter of )

)

THREE MILE ISLAND NUCLEAR )

STATION, UNIT NO. 2; )

CONSIDERATION OF APPROVAL OF ) Docket No. 50-320 LT TRANSFER OF LICENSE AND )

CONFORMING AMENDMENT )

)

CERTIFICATION OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that copies of the Commonwealth of Pennsylvania, Department of Environmental Protections Notice of Withdrawal its Petition for Leave to Intervene and Request for an Extension to File a Hearing Request has been served upon the Electronic Information Exchange, the NRCs e-filing system, in the above-captioned proceeding this 10th day of August 2020.

Signed (electronically) by Alicia R. Duke Assistant Counsel PA ID No. 209672 Southcentral Regional Office 909 Elmerton Avenue, Third Floor Harrisburg, PA 17110-8200 Telephone (717) 787-8790 Fax (717) 772-2400 Email: alduke@pa.gov Dated: August 10, 2020