ML19343C083

Responds to ASLB 810126 & 28 Orders Re Progress to Restart Hearing.Partial Initial Decision Should Be Rendered on short-term Critical Issues.Certification of Svc Encl

ML19343C083
Person / Time
Site:	Three Mile Island
Issue date:	02/03/1981
From:	Adler R PENNSYLVANIA, COMMONWEALTH OF, WIDOFF, REAGER, SELKOWITZ & ADLER
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19343C080	List: ML19343C079 ML19343C082 ML19343C083 ML19343C085
References
NUDOCS 8102180567
Download: ML19343C083 (4)

Text

{{#Wiki_filter:- e h k, [[ 3 _. / LUITED STATES OF AtERICA

      -                                   NUCLEAR REGUIATORY OtESSION BEFORE 11E AIDEC SAFEIY AND LICDISHU BOARD In the Matter of                      )

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                                                        }

MEIROPOLITAN EDISON O!PANY, )

                                                        )    Docket Ib. 50-289 (Three Mile Island !bclear            )        (Restart)

Station, thit !b.1) ) MiOtLTALTH OF PDNSYLVANIA'S MtETIS AND PROPOSALS REGARDI!U MEHODS TO EXPEDITE TIE PROCEEDHC l This Report responds to the Board's January 26, 1981, and January 1 28, 1981 Menorandtn and Orders concerning the progress of the IMI-1 Restart Proceeding. The Cocmmwealth's fundamental position on GPU's notion to expedite the restart of IMI-l by codifying the Conmission's July 2,1979 and August 9,1979 Orders is stated in the "Conronwealth of Pehnsylvania's l Response To Decocber 1, 1980 Letter From Herman Dieckanp to Hon. John F. Aheame," dated January 6,1981. In accordance with the positions taken therein, the Cocconwealth proposes that the following actions be taken l to expedite the Proceeding.* These neasures should not inpede the full and fair adjudication by this Board, prior to restart, of all critical safety issues identified in Governor Thornburgh's June 22, 1979 letter to Chairnen Hendrie and in the Cocmission's August 9,1979 Order and

                   !btice of Hearing.

(1) The Parties and the Board should identify those issues in the proceeding that are critical to restart. These should include all 'i issues that fall within the "short-term" items in the August 9,1979 Order and Notice of Hearing, as well as all questions of whether the

                   *tbt all of these actions uculd require direct action by the Conraission.

810'213 08N

4 short-tem actions are "necessary and sufficient" to permit the safe e operation of M-1. Slip op. at 12. (2) As sanctioned by the August 9, 1979 Drder, Slip op. at 2, the Board should render, as soon as possible follardng the close of the evidentiary hearing, a partial initial decision on the critical restart issues identified above. Decisions on longer-term issues can be deferred mtil after this partial initial decision is reached. (3) The Board should analyze carefully the information provided by the Staff and the Licensee in response to the January 28, 1981 Meerandum to the Board from Gairman Aheame and Cocmissioner Hendrie. This should include a conplete report on the January 16, 1981 meeting between the i Staff and the Licensee concerning NUREG-0737 requirements. It appears likely that the expecte3 date of the partial initial decision discussed -I above would not delay significantly, if at all, the actual date on which ( restart could be accacplished. The results of this conparison should be reported to the Conmission. (4) The Caumonwealth notes that Emergency Planning is the nost significant remaining set of issues in terms of hearing time. Yet the Conmission's directions in the August 9,1979 Order and Ibtice of Hearing are not extremely clear on the extent to which the adequacy of onsite and offsite emergency planning should be taken into account in the Restart decision. The Conmission should be requested to clarify the standards for judging the adequacy of emergency planning for the purposes of this Proceeding. In particular: (a) How should the new emergency planning regulations and J NUREG-%54 be applied to M-l? 1 (b) Is full FDR approval considered to be a restart requirement t or is a " reasonable progress" standard nore appropriate?

O (c) What is neant by the requirement to " Assess the relationship of Wate/ local plans to the Licensee plans so as to assure the capability to take mergency actions." (Short-term item 3(d))? (d) Clarify the distinction betwen short-term item 3 and long-term item 4(b)). I (5) Similarly, the standards to 'be applied in judging Licensee's canagement 'coupetence are not well-defined in the Conmission's March 6, 1980 Order (CLI-80-5).* More precise delineation by the Cocmission of the appropriate standards for judging management issues nny result in a - nore efficient adjudication and less chance of remand by the Comission. Respectfully submitted, ROBERT W. ADLER / Assistant Attorney Gene'ral Comonwealth of Pennsylvania i Dated: February 3, 1981 l ii l l l l

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                  *     "In proposing these questions, the Comission recognizes that it has not established definitive standards for nanagement organization and operation of nuclear power plants...The Board should apply its om l

judgment in developing the record and forming its conclusions on this l question." Slip op. at 4. l i , 8

t UNITED STATES OF AERICA NUCEAR RFA'IATORY CCitilSSION BEEDRE THE ATWIC SAFImf AIL LICENSIl0 DCARD In the liatter of )

                                                      )

MEIROPOLITAN EDISON Q1FNN, )

                                                      )    Docket !b. 50-289 (Three Mile Island tbclear           )         (Restart)
               /    Station, Unit Ib.1)               )

4 wumCATE OF SER ICE l l I hereby certify that copies of the attached "Comxrmalth of Pennsylvania's Corrrnents and Proposals Regarding Methods to Expedite. the Proceeding" wre served by hand to the parties on the attached service

 .               list do wre present at the February 3,1981 special session of the hearing. These parties are denoted with an asterisk. All other parties w re served by deposit in the U.S. mail, first class postage prepaid.

a - N ROBERT W. ADLER b / l Assistant Attorney General Cormonwealth of Pennsylvania e 1 w , i}}