ML20244C036
| ML20244C036 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/13/1989 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | GENERAL PUBLIC UTILITIES CORP., NRC OFFICE OF THE GENERAL COUNSEL (OGC), SUSQUEHANNA VALLEY ALLIANCE, LANCASTER, PA, THREE MILE ISLAND ALERT |
| References | |
| CON-#289-8438 CLI-89-05, CLI-89-5, OLA, NUDOCS 8904200009 | |
| Download: ML20244C036 (5) | |
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Uh1TED STATES OF AMERICA-r<
NUCLEAR REGULATORY C0f4 MISSION
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COMNISSICNERS:
cai Lando W. Zech, Jr., Chairman Thomas M. Robert Kenneth M. Carr Kenneth m.. Rogers James R. Lurtiss SERVED APR 131969 In the Matter of' GENERAL PUBLIC UTILITIES NUCLEAR CORPORATION, E._T _AL..
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Docket No. 50-320-OLA y
(Three Mile 1 Island Nuclear
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- c Station, Unit 2).
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CLI-89-05 The Atomic Safety ~and Licensing Scard has issued an initial decision S relating to the disposal of accident-generated water at I
Unit.2 sf the Three Mile Island Nuclear Station. The decision resolved all relevant matters in favor of the applicant-licensee, i
Ceneral Public Utilities Nuclear Corporation (GPUN), and granted the licensee's application for an operating license amendment that would
-l delete prohibitions on disposal of the accident-generated water. This 1
95 ILPB No. 89-07, 29 NRC
, February 2, 1987.
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l decisicn has been appealed and is not final under the agency's adjudicatory appellate process. U However, on December 3, 1987., the Commission issued an order providing that if a hearing is held in tlhis matter in which the Board resolves the admitted contentions in the licensee's favor, the Commission would decide whether the Board's decision should be made l
effective during the pendency of administrative appellate review.
Consistent with this order, the Ccmmission has conducted a review of the Board's decision to determine whether the decision should become effective immediately.
The Board held hearings in this matter between October 31 and November 1,1988, focusing on the issue whether the interveners' contention that the accident-generated wcter should be stored in tanks on-site was obviously superior to the licensee's proposal for disposal by forced evaporation.
In a lengthy, detailed, and unanimous opinion the Board concluded that the licensee had demonstrated, by a preponderance of the evidence, that the licensee's alternative is environmentally acceptable because it will have extremely small radiation expcsure consequences, both to workers and the general public. The Board also found that the savings in radiation dose that could be attributed to the no-action alternative would be very small l
2 Interveners in this proceeding have filed an Application for a Stay and a Notice of Appeal, both of which are before the Atomic l
Safety and Licensing Appeal Board. The interveners also submitted the Application for a Stay as their comments to the Commission regarding whether the Licensing Board's decision should be made effective during the pendency of administrative appellate review.
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,s and that the no-action alternative would cost $800,000 more to implement than the evaporation proposal. Baseo on these findings, the Board determined that the. interveners' no-action alternative is not obviously superior to the evaporation proposal, and granted the licensee's request for an amendment to its license.
Subsequently, the interveners filed an application for a stay of the license amendment authorization with the Atomic Safety and 1.icensing Appeal Board. On April 4, 1989, the Appeal Board issued a memorandum and order denying the interveners' application for a stay.
As a result of our review of the final initial decision and the comments submitted by the parties regarding whether the decision should be made effective immediately, we tiso find no reason to stay the effectiveness of the Licensing Board's decision pending completion of the appellate process.
Accordingly, the Commission finds that the Licensing Board's decision resolving all relevant matters in favor of the licensee, and granting the licensee's application for an operating license amendment, should become effective immediately. This is, of course, without prejudice to the appeal now pending before the Appeal Board.
It is so ORDERED.
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F F r the Comisspon
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c, SAMUEL J.M tK l
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Secretary of the ommission
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this day of
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- Commissioner Carr was not present for the Affirmation of this Order, L
if he had been present he would have approved it.
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. UNITED STATES OF' AMERICA 4
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NUCLEAR REGULATORY COMMISS10N
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y-l In the Matter.cf 1
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'6PU NUCLEAR-I Docket No.(s) 50-320-O'.A 4
(Three Mile Island, Unit 2) 1 t
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i CERTIFICATE OF SERVICE I hereby certify that copies.of the foreacino COMMISSION ORDER CLI-89-05 l
have teen served upon the following persons by U.S. a,411. first class..except i
as etnerwise noted.and in accordance with the requirements of 10 CFR'Sec. 2.712.
Administrative Judge Administrative Judoo
,Christi,ne N. Kohl. Chairman Thomas S.' Moore Atomic Safety.and Licensing' Appeal Atomic Safety and Licensino Appeel Board Board U.S ? Nuclear.Reculatory Commission U.S, Nuclear Reculatory Commission 1
Washington, DC. 20555 Washington, DC 20555
. Administrative Judge Howard A. Wilber
. Administrative Judoe
~ Atomic Safety and'L'censino Apocal Peter B. Bloch, Chairman i
Board Atomic Safety and Licensino Board U.S. Nuclear Reculat.orv Commission U.S. Nuclear Regulatory Commission Washinoton, DC 20555 Washinoton, DC 20555
. Administrative Judge Administrative Judoe
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Glenn 0. Bricht-Oscar H. Paris Atomic Safety and L.icensing Board Atomic Safety and Licensino Board U.S. Nuclear Reculatory Commission U.S. Nuclear Reculaterv Commission' Washinoton DC 20555 Washington. DC 20555 Stephen H. Lewis, Eso, Ernest L. Blake. Jr., Eso.
Office of the General Counsel Shaw, Pittman, Potts & Trowbridae U.S. Nuclear Regulatory Commission 2300 N Street N.W.
Washington, DC 20555 Washington, DC 20037 F. R. Standerier Leonard Racoureos Vice President and Director, TMI-2 Houcton Lighting and Power Company
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6PU Nuclear Corporation P. D. Box 299 l
P.O. Box 400 Houston. TX 77403 L,
Middletown. PA 17057 L
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COMMfSS10N ORDER CL1-89-03' j;
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Richard P. Mather, Esq.
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4 Frances-1Skolnick1.
Assistant Counsel.
Susquehanna. Valley' Alliance
, Department of Environmental Resources 2079 New Danville' Pike Commonwealth of' Pennsylvania
<r Lancaster. PA: -17603 505 Executive Houte b
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.Harrisburg, PA 17120 Doris M. Robb
.Three Mitectsland Alert Kansas Dept. of Health h Environment 315 Peffer Street Division of Environment f;
Harrisburg, PA 17102 Forbes Field Building 321 Topeka, KS.66620 5
Lee H. Thonus Betty J. Wickstrom 4
USNR:-
.U.
S. Nuclear Reoulatory Commission P. 0. BOX 311 Region !!!
MIDDLETOWN. PA 17057 799 Roosevelt Road
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Glen Ellyn. IL 60137 C ommi s si on e r.'
Frederick :5. Ric'. ~ Chairman Eric.
Epstein e
Dauphin County Board of Commissioners RD #1. Box 4354 P.O. Box 1295 Liverocol.'PA 17045 N
Harrisburo, PA 17100 r
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., 3 Thomas '. Bailev Jerry Skolnick W
S47 South. Front Street 2079 New Danville Pike Harrisburg. PA 17104 Lancaster. PA 17603 r
Violet Houcentogler Floyd O. and Recina Kintner
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412 South Queen Street' 300 Commerce Street, Apt. 306 Lancaster. PA 17603 Harve de Grace. MD 21078 l
Mr.'& Mrs.
Joseoh Hohman 2109 Manor Ridge Drive Lancaster PA 17603 Dated at Rockville. Md. this 13 day of April 1989 k
Of fice %f the Secretary of the Commission l