ML20247E918

Order.* Requests NRC to Explain Purpose of 890911 Fr Notice on Proposed Amend to Applicant License,Revising Tech Specs Re Disposal of Accident Generated Water & Effects on ASLB Findings,By 890929.W/Certificate of Svc.Served on 890913

ML20247E918
Person / Time
Site:	Three Mile Island
Issue date:	09/13/1989
From:	Tompkins B NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#389-9166 CLI-89-05, CLI-89-5, OLA, NUDOCS 8909180045
Download: ML20247E918 (5)

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l- ' UNITED STATES OF AMERICA MTI NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL' BOARD

. Administrative Judges: 6Fn: .. .m 00CKi! C 4'irall Thomas S.' Moore, Chairman September 13, 1Y8'$ ^

Christine N. Kohl Howard A. Wilber ,

SERVED SEP 1 3 1989

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In the Matter of )

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GENERAL PUBLIC UTILITIES ) Docket No. 50-320-OLA NUCLEAR CORPORATION ) (Disposal of Accident-

) Generated Water)

(Three Mile Island Nuclear )

Station, Unit 2) )

)

ORDER The September 11, 1989, issue of the Federal Register contains a curious NRC staff notice of a " proposed" amendment to applicant's operating license -- specifically, revisions to the Appendix A Technical Specifications relating to the disposal of accident-generated water (AGW).

See 54 Fed. Reg. 37,517-18. According to the notice, at some unspecified time "[s]ubsequent to the issuance of Final Supplement 2 [to the Programmatic Environmental Impact Statement (PEIS) on the decontamination and disposal of AGW,) the-[ applicant] . . . modified its plans for retreatment and for the packaging and shipping of the evaporator bottoms." Id. at 37,517. The notice goes on to state that the staff has reviewed what it terms the " current proposal" (ibid.) and has determined not to supplement the 8909180045 890913 PDR ADOCK 05000320 0 PDR l[> S o gL

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PEIS further. Id. at 37,518. Noting its judgment that this

" current proposal" would result in certain reduced impacts, the' staff concludes that "the proposed action will not have a significant effect on the quality of the human environment." Id. at 37,517, 37,518.

It is unclear how or if the matter discussed in the staff's Federal Register notice relates to the issues litigated in this proceeding and the Licensing Board's decisions pending before us on appeal. See LBP-89-7, 29 NRC 138 (1989); LBP-88-23, 28 NRC 178 (1988).I Accordingly, we request the staff to explain the purpose of this notice and its effect, if any, on the Licensing Bocrd's findings, conclusions, and rulings now before us. In particular, the staff should describe what it terms the applicant's " current proposal" and state when it was submitted. Was this 2

" current proposal" what was litigated below? Does the

" current proposal" pertain to matters discussed in 1

Although the notice refers to particular documents available for public inspection, it does not even mention this adjudicatory proceeding and its sizable record and decisions. 54 Fed. Reg. at 37,518. In this regard, see 10 C.F.R. S 51.102(c) (1989).

2 For example, we note some apparent discrepancies in the number of shipments of evaporator bottoms. The September 11 notice states that the " original proposal" would require 80 to 250 shipments, while the " current proposal" would require 14. 54 Fed. Reg. at 37,517. The Licensing Board, however, refers to eight to twelve i shipments. LBP-89-7, 29 NRC at 147.

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' applicant's February- 17, 1989, or April 17, 1989, submission' to the staff (both of which'were served on us and the parties by applicant's counsel)? 'What does the notice'mean by " proposed' amendment"? Has the' license amendment that is the subject of this adjudicatory proceeding and that was authorized by the Commission in CLI-89-5, 29 NRC 345 (1989),

been issued yet? If the notice does not pertain to any "new" proposal, what prompted.its issuance now? .If the notice does pertain to new matters relevant to the issues in this proceeding, why were we and the_other parties not advised of such new developments pursuant to the Board Notification process?

The staff's submission should be filed with us and served on the parties no later than September 29, 1989.

Following our review of that filing, we will determine if it is necessary to afford the other parties an opportunity to respond.

It is so ORDERED.

FOR THE APPEAL BOARD

. 2, u h Barbara A. Tompkins

,.=7 A kt Secretary to the Appeal Board

UNITED STATES OF AMERICA j NUCLEAR RESULATORY COMMISSION

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In the Matter of i I

SPU NUCLEAR I Docket No.(s) 50-320-OLA 1

(Three Mile Island, Unit 2) I ,

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l CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing AB ORDER DTD 9/13/89 have been served upon the following persons by U.S. esil, first class, except as otherwise noted and'in accordance with the requirements of 10 CFR Bec. 2.712.

Administrative Judge Administrative Jud0e Christine N. Kohl, Chairman Thomas S. Moore Atomic Safety and Licensing Appes) Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Cossission Washington, DC 20555 Washington, DC 20555 Administrative Judge Howard A. Wilber Administrative Judge Atomic Safety and Licensing Appeal Peter B. Bloch, Chairman Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Consission U.S. Nuclear Regulatory Consission Washington, DC 20555 Washington, DC 20555 Administrative Judge Administrative Judge 61enn D. Bright Oscar H. Paris Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Stephen H. Lewis, Esq. Ernest L. Blake, Jr., Esq, Office of the Beneral Counsel Shaw, Pittman, Potts & Trowbridge U.S. Nuclear Regulatory Commission 2300 N Street, N.W.

Washington, DC 20555 Washington, DC 20037 M. B. Roche Frances Skolnick Vice President and Director, TMI-2 Susquehanna Valley Alliance SPU Nuclear Corporation 2079 New Danville Pike P.O. Box 480 Lancaster, PA 17603 Middletown, PA 17057

k Dockst No.(s)50-320-OLA-AB ORDER DTD 9/13/09 Richard P. Mather, Esq.- l 3

Assistant Counsel i Department of Environanntal Resour,,er, Three Mile Island Alert Cossonwealth of Pennsylvania- 315 Peffer Street 505 Executive House Harrisburg, PA 17102 Harrisburg, PA 17120 Lee H. Thonus USNRC P. D. BOX 311 MIDDLETOWN, PA 17057 Dated at Rockville, Md. this 13 day of September 1955-

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