ML20238E639

Commonwealth of PA Statement in Support of Request for Hearing & Petition to Participate as Interested State.* Susquehanna Valley Alliance 870728 Request for Hearing, Notice of Appearance & Certificate of Svc Encl

ML20238E639
Person / Time
Site:	Three Mile Island
Issue date:	09/03/1987
From:	Mckinstry J PENNSYLVANIA, COMMONWEALTH OF
To:	NRC COMMISSION (OCM)
Shared Package
ML20238E599	List: ML20238E597 ML20238E612 ML20238E628 ML20238E639
References
OLA, NUDOCS 8709150116
Download: ML20238E639 (8)

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UNITED STATES NUCLEAR REGULATORY COMMISSION ,

In the Matter of:

'87 SEP -8 P 3 3 7 GPU Nuclear Corporation  :

(Three Mile Island Nuclear  : Docket No. 50-320 px Station, Unit 2)  :

(Disposal of Contaminated  :

I Water)  :

COMMONWEALTH OF PENNSYLVANIA'S STATEMENT IN SUPPORT OF TIIE REQUEST FOR HEARING AND PETITION TO PARTICIPATE AS AN INTERESTED STATE The Commonwealth of Pennsylvania (" Commonwealth") hereby supports the requests by the Susquehanna Valley Alliance ("SVA")

and Three Mile Island Alert, Inc. ("TMIA") for a hearing pursuant to 10 C.F.R. S2.105(d)(2) with respect to issuance of an amendment to the license of GPU Nuclear Corporation ("GPUN"), concerning disposal of accident-generated contaminated water. The Commonwealth also requests leave to participate in the hearings as an interested state under 10 C.F.R. S2.715(c).

1. As a result of the March 28, 1979 accident at Three M13e Island Nuclear Power Plant, Unit 2 ("TMI-2"), 2.1 million gallons of water became contaminated with tritium, strontium-90, cesium-137, as well as other contaminants. Since that time, the contaminated water has been stored on the reactor site.

2. On July 31, 1986, GPUN proposed to evaporate the contaminated water through forced heating.

3. In June, 1987, the Commission Staff concluded in its Final Supplement No. 2 to the Programmatic Environmental Impact Statement on the TMI-2 clean-up, that evaporation and eight 8709150116 070910 PDR ADOCK 05000320 0 PDit

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alternative methods for disposing of the water would have an l i

insignificant environmental impact.

4. On July 28, 1987, the Commission issued a notice, 52 C.F.R. S28626, that it was considering issuance of an amendment to GPUN's facility operating license No. DPR-73. The amendment would delete the present prohibition against evaporation of the water. The notice stated that interested parties may request I a hearing and participate as parties in that hearing. f S. On July 28, 1987, SVA through its representative, I

Frances Skolnick, requested that formal adjudicatory hearings be held concerning the license amendment.

6. On August 31, 1987, TMIA authorized Skolnick to represent it in a similar request for a hearing.

7. The Commonwealth has a continuing interest in the safe operation of TMI, and particularly in the effective clean-up of TMI-2. The Commonwealth has two reasons for supporting the request for a hearing and for asking leave to participate as an interested state. First, it wishes to assure that any threat to public health, safety and the environment that the disposal of the contaminated water poses is minimized to the maximum extent possible. Second, it wishes to maintain public confidence in the clean-up operaticns. Such confidence could be severely eroded if the issue of water disposal is not aired in a public forum, or if a hearing is conducted perfunctorily. As an interested the facts are fairly state, the Commonwealth can make sure that dresented and the evidence is thoroughly analyzed.  :

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For these reasons, the Commonwealth supports the requests a hearing and requests leave to participate as an interested state.

Respectfully submitted,

{1 l . i

/.Ii ,..b J)dHN R. McKgNSTRY Assistant Qounsel Commonwea] h of Pennsylvania b'J5 Exec ve House, P.O. Box 2357 Harrisbur , Pennsylvania 17120 (717) 787-7060 U"**d$<pbbt/'3,/M7 3

. _ _ ____________a

'o UNITED STATES NUCLEAR REGULATORY COMMISSION :

In the Matter of: ,

GPU Nuclear Corporation -

(Three Mile Island Nuclear  : Docket No. 50-3$0[ib Station, Unit 2)  :  !

(Disposal of Contaminated  :

Water)

CERTIFICATE OF SERVICE Icertifythis[hre day of September, 1987, that copies of the foregoing Statement and Petition were served upon the following by first class mail in accordance with 10 C.F.R. S2.712:

Docketing snd Services Branch (3)

Secretary of the Commission U.S. Nuc. lear Regulatory Commission Washington, D.C. 20555 Office of General Counsel U.S. Nuclear Regulatory Commisison Washington, D.C. 20555 Ernest L. Blake, Jr.

Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W.

Washington, D.C. 20037 Three Mile Island Alert 315 Peffer Street Harrisburg, PA 17102 Susquehanna Valley Alliance P.O. Box 1012 Lancaster, PA 17604 ,

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JpHN R. McKINST _

Jssistant Couns 1 Commonwealth._ Pennsylvania 505 Executive House, P.O. Box 2357 Harrisburg, Pennsylvania 17120 (717) 787-7060

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!"' i UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of: '87 S[p -8 P3 :17 GPU Nuclear Corporation  : ,,

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(Three Mile Island Nuclear $ Docket No. 50-320 a :t Station, Unit 2)  :

(Disposal of Contaminated  :

Water)  :

NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney enters his appearance in the above-captioned' matter. In accordance

.with.10 C.F.R. S2.713(a), the following information is provided:

Name: John R. McKinstry Address: Department of Environmental Resources 505 Executive House, P.O. Box 2357 Harrisburg, Pennsylvania 17120 Telephone: (717) 787-7060 Admissions: Supreme Court of Pennsylvania U.S. Court of Appeals for the Third Circuit Name of Party: Commonwealth of Pennsylvania I' '

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JghN M'cKINSTRY A sistant Counsel

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Pennsylvania Datedat[Harrisburg,this g1987 day of September,

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l 1seu'ed'to General Pubtic Utilities comment period, the staff prq g <

Was5drgeon.DCmesa, t Nucleas Co:peration Ithe Ilcensee) for

. Docketing and operation,of %ree Mlle Island Nuclear Final Supplement No. 2 whiah gi -{ <

bedempped9P W stationUtst 21ocated in Dauphin of the public and discussion appropriate comments.In final dismg'- i- (

5.... .7 *, Comuty. Pennsylvania.

GiM Supplement No.2 datad June 19874 l ne fteensee revuested the NRC staff concluded that the IAceas ,"t' -

,i, g -n amendment,incteding nesociated '

j, e atthe Fiff channesin the Appendix ATechnical proposed method of water disposa]

• eight alternative methods evaluated so theCommissjon by a toff.f:ee , SpeclMeetions for Unit 2. in a letter '

telephone ca!! to Western Union at 1800) dated Febenefy 15.1987 and revised by could each be imnlama*d without Wgnificant envirnnmaatal impact.

325-0000 (In Missouri (SGI) 342-6700). a letterdated AprH ts 1967. The The Western Union operator should be Prior toismanea d de pomd amende ent would delete the current

[y given Datagram Identification Number probabtaien om disposal d e ccident- license amanelmant. which would 3737 and the followmg message temove the prohibition for disposal of generaned waterinsposed by Technical addressed to B J. Youngblood. Director, Spedfies taans 1.17. 2.8.13 and 3/ts.12. the acddentsenerated water. the Ploject Directorate !!-3: Petitioner's As a reemk of the 1979 accident at Commission will have made findmgs name and telephone: date petition was required by the Atomic Energy Act og Three Mile faland Unit & about 2.1 rnailed: plant name: and pasbitcation million gadians d radioactively 1954. as amended [the Act) and the date and page nurnber of this Federal Commission's regula tions.

contarameted water are pmjected to be By September 2.1987, tha liceaaee Registernettoe. A copy of the petition a"-tas d at e the TMi-2 site by ee ma should also be sent to the Executive endpolat of the carrent cleanup prograan. ' with Legal Drrector. U.S. Nuclear Regaistory The water, referred to as arAlan&- r fileto a [mest amM6es for heh w Commission. Washington. DC 20555, generated water contains tramm. the subject facility operstmg license and and to Mr. Albert Carr. Duke Power relatively small amounts of strontham-e0 77 Pers whose inaerest ma b nd b Company. 422 South Ctnuch Street, and cesium-117. trace amounts of other Charlotte North Camitns 28M2, radionuclides, and seacadleactive botic wishes to part@ as a party in de attorney forthe licensee acid and sodium hydraxida. The 1;oceeding must Ela a written petition Montrmely filings of petttfons for leave accident-ganarsied walar consists of for leave intervens. Requests for a to Mtervene. aiminded petitions water contaminated directly by Abe hearing a P an o supplemental pri; ilium endfor requests March 28.1979 accidaat and additional . Intervene shall be Sled la acoordance for hearing will not be entertained water froaa system in-leakage and other abscot a deteemmation by the addIttons which have become D 88 *d*8' Commission the presiding efficeror the preskfing Atomic Safety and Ucensbg commingled with tbs original accident-contaminated water.Since the accident, 8#1 g ', [" %*' ,

the above date, the Comrnission or an Dourd that the petition and/or request this water has been processed through shmold be granted based upon a specia!!y designed deminerabzer Atomic Safety and uceasing Board.

balancing of feeters specifiedin to CFR systems to reduce its radlosctivity de aAed by ther b-"on or by se 2.714(a)(1)(l)-(v) and 2.714(d]' content. and has been stored tu the plant Ch rtnan of the Atomic SaleD and For further detetis with respect to this and utilheed in carrying out various Ucensang Board Panel, will rule se the action, see the application for Cle*"wp ectivities (e g., decontammation request and/or petition and the amendment Seek is avaiteMe for public flushes, and shielding). ne licensee has Secretary or the designated Atom 6c impections at the Comrmeeiene Pubtle now m,n d a method for disposal of Safety and Licenang Board willissue a Document Room.1717 H 9treet NW., the esstim veturne of accident-generated n wstee, or[ce c.

of hearing or an appropriate WasMoston.DC. and the Atkins Library. Un6,ersity of North Carottna* la March 19Pt.therNRC staffissued As required by 10 CFR 2.714 a Charlotte (UNCC Statton). North the Nat Pmpra-d= En*mmental petition for leave to intervene shall set Camika 28222. Impact Statement (PERSI on the TMI-2 forth with particularity the interest of cleanup.in the PEIS the staff addressed the petitioner in the proceeding and how Dated at Bethesda. Maryland. this 28:h day be sad on the availab&e infartnatson, the that interest may be affected by the 60"4 '" impeds of fatore desposald the results of the proceeding. The petition For the Nuclear Regulatory Comadsaton, accidens-geners and water. Tbs should specifically explain the reasons Dart 1t* d.

Comssassion. in as Apni 27.1sB1 Policy why intervention should be permitted Pmert Monaser.Pnvect Duncaanate #4 Statement (48 FR M784) acmmpanyng with particular reference to the Dn ision of Reactor Om/ccta.1/2 ,

the issuanes of the PElS. stated that any following factors:(1) The nature of the lFR Doc. 87-17416 Fdad 7-30,a7; s45 am) future proposal for disposition of the peititioner's right under the Act be made o w mo coot reno.** a erniant-genersted water shall be a party to the proceeding:(2) the nature

_ referred to the Comedesion far approval, and extent of the petitioner's property, g % g ,,,, , On luly 31. laas the licensee proposed financial or other interest in the a plan to evaporate the acc6 dent. proceeding; and (3) the possible effect of Conaldersson ad leasemico of generated water by farced beating at the any order which may be entered in the Amendement to Facery Opereelne TMI site avor a period of about 2 W proceeding on the petitioner's interest.

Ucense and Opporturey for Price years. On Decernber 29.1988 the NRC The petition should also identify the Hearing; Oeneral Putse utsties staff issued for comment an opdated specific aspect (s) of the subject matter Nuclear Corp. Draft Supplement No. 2 to the PEIS on of the procaedmg as to which petitioner this issaa. The draft suppbment wishes to intervene. Any person who The United States Nuclear Regulatory assessed the environmental. has filed a petition for teave to intervers Cornmission {the Commission)is consequences of the licensee's proposed or wha has been admitted as a party considering lasuance of an atnendment disposal method as well as a numher of, may amend the petition without to facility operating license No. UFR-73 alternatives. Following a 90-day public {

requesting leave of the Board up to 1

pw Federal Register / Vol. 52. No.147 / Friday, Jtdy 31, 1987 / Notices 288U

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fifteen (l'5) days prior to the first Commission, the presiding officer or the During the initial portion of the-prehearing conference schedaled is the presiding Atomic Safety and Licensing meeting. the Subcommittee, along with proceeding, but such an ascendet.< Board, that the petition and/or request any of its consultants who may be i petition must satisfy the a. should be granted based upon a present, may exchange preliminary {

requirements described ~.; balancing of the factors specified in 10 views regarding matters to be i Not later than fifteen (t , prior to CFR 2.714(a)(1)(i}-{v) and 2.714(d). considered during the balance of the i I

the first prehearing co For further details with respect to this meeting.

scheduled in the proceeding.a' ' petitioner action, see the licensee's proposal dated The Subcommittee will then hear is required to file a supplement to tne - July 31.1986, the licensee's application presentations by and hold discussions petition to intervene which must include for amendment dated February 25.1987 with representatives of the NRC Staff.

a list of the contentions which are and revised April 13.1987 and the NRC its c naultants. and other interested sought to be litigated in the matter, and staff's Final Supplement No. 2 to persons regarding this review.

the bases for each contention set forth NUREG-0683 dated June 1987.These Further information regarding topics with reasonable specificity, pursuant to documents are available for public to be discussed, whether the meeting to CFR 2.714(b). Contentions shall be inspection at the Commission's Public limited to matters within the scope of Document Room.1717 H Street. NW., has been cancelled or rescheduled. the Chairman's ruling on requests for the the amendment under consideration. A Washington, DC.

opportunity to present oral statements petitioner who fails to file such a

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' Bethesda. Maryland, this 27th day and the time allotted therefor can be supplement which satisfies these ogy,jN#7 obtained by a prepaid telephone call to requirements with respect to at least one F r he Nuclear Regulatory Commission.

contention will not be permitted to the cognizant ACRD Raff member.Mr.

M T. Masak. Sam Duralawamy (telephonc 202/834.-

participate as a party. Acung Dimetor. De A#/elslandCleanup Those permitted to intervene become 3267) between 8:15 A.M. and 5:00 P.M.

rties to the proceeding, subject to any *[ ((fhNj' #["#

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'## Persons planning to attend this meeting s Office are urged to contact the above named imitations in the order granting leave to o/NuclearReactorRegulation.

intervene, and have the opportunity to in ua m r two days b,dore se

, (FR Doc. 87-17415 Filed 7-30 47; a:45 am] scheduled meeting to be advised of any i participate fully in the conduct of the **"***"****

f hearing. including the opportunity to. changes in schedule, etc., which may a present evidence and cross-examine have occurred.

witnesses. Advisory Committee em Reactor Date: July 28,1987.

A request for a hearing or a petition Sefeguards, Subcommittee on Mortoa W. Ubarkin.

for leave to intervene must be filed with Auxiliary Systems; Meeting; Assistant Executive Dinctorfor Project the Secretary of the Commiesion. U.S. R8"i'"'-

Nuclear Regulatory Commission. The ACRS Subcommittee on Auxiliary Systems will hold a meeting on August (m Doc. 87-17442 Filed 7-30-87; 8.45 am]

l Washington.DC 20555, Attention:

Docketing and Services Branch, or may 18.1987. Room 1167,1717 H Street. NW, swuo coos rsebot-es be ddivese( to the Commission's Public Washington. DC. _

Documeng.Roosa.1717 H Street. NW., The entire meeting will be open to Washingina.DC, by the above date. public attendance. OFFICE OF PERSONNEL Where petitions are filed during the last The agenda for the subject meeting MANAGEMENT ten (to) days of the notice period,it is shall be as follows:

requested that the petitioner promptly so niesday. August 18,1987-8:30 AR. until Information Collection Submitted to inform the Commission by a toll free 2.mPN. OMB for Clearance telephone call to Western Union at (800)

%e Subcommittee will discuss the Aopecy: Office of Personnel 325-6000 (in Misacuri (6/10) 342-6700).

ne Western Union operator should be heating, ventilating, and air conditioning Management.

given Datagram Identification Number (HVAC) system malfunctions and their impact on safety systems. In addition,it Action: Notice.

3737 and the following message addresed to Dennis M. Crutchfield, will discuss problems associated with instrument air systems. AEOD findings sumuAm In accordance with the Director. Division of Reactor Projects Pappork Reduction Act of 1980 (title Ill/IV/V & Special Projects. Office of concerning the instrument air system

44. U.S. Code. Chapter 35), this notice, Nuclear Reactor Regulation, malfunctions a id its recommendations announces a request to extend a pubhc Washington DC 20555: Petitioner's to alleviate this problem.

Oral statements may be presented by information collection. Mail name and telephone numbentdate Reinterview. OFI Form 10. is completed petition was mailed: plant n6me: and members of the public with the by individuals who have been publication date and page number of the concurrence of the Subcommittee interviewed by an OPM investigator Federal Registee notice. A copy of the Chairmam written statements will be during the course of a personnel petition should also be sent to the Office accepted and made available to the investigation. lt asks questions of the General Counsel. U.S. Nuclear Committee. Recordings will be permitted regarding the performance of the Regulatory Commission. Washington, only during those portions of the investigator. It is estimated that 3.500 DC 20555 and to Ernest L Blake. Jr., meeting when a transcript is being kept, individuals will respond annually for a Shaw. Pittman. Potts and Trowbridge, and questions may be asked only by members of the Subcommittee. its '0!al burden of 350 hours0.00405 days <br />0.0972 hours <br />5.787037e-4 weeks <br />1.33175e-4 months <br />. For copies of 2300 N Street. NW., Washington DC this proposal call William C. Duffy.

20037. consultants, and Staff. Persons desiring Agency Clearance Officer, on (202) 632-Nontimely filings of petitions for le. ave to make oral statements should notify 7714-to intervene. amended petitions, the ACRS Staff member named below supplemental petitions and/or requests as far in advance as is practicable so DATE: Comments on this proposal for hearing will not be entertained that appropriate arrangements can be should be received on or before August cbsent a determination by the made. 14.1987.

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• l Sus 3 '87 AUG 18 Pl2:00 3.0.quehannaNalh Alliance oox 1012."Lancasterl)A11604 (717) 39f-2782 'd.', .

uw-The Secretary, Nuclear Regulatory Ccmnission 4 Washington,DC 20555.

Request for Formal Adjudicatory Hearings Concerning the License Amendment ]

for Unit 2 'Ihree Mile Island.

Dear Sir,

I have been authorized by the Membership of the Susquehanna Valley Alliance of Lancaster County, Pennsylvania to submit a request for a formal adjudicatory hearing concerning the License Amendment for Unit 2,Three Mile. Island.

I reside at 2079 New Danville Pike,Lancaster,Pa. which is within a 50 mile radius of the TMI nuclear power plant..

The amendment to the license is required prior to the disposal of 2.1(or more) million gallons of accident generated water. I understand that General Public Utilities Nuclear Corporation has requested an amendment to their Operating License #DPR-73 subnitted as Technical Specification Change Request #56, dated February 25th 1987,and revised in its entirety on April 13th.1987.

Due to the radioactive nature of this water and the significant hazard involved in disposing of this water we are requesting a hearing so that further investigation into the proposed method of disposal may ensue.

6Y\D D G' O Frances Skolnick

' Subscribed and sworn before me this & day of Odu 1987.

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Oe 4% oek NOI RY PUBLIC f[tk , ob*

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