ML19343B174

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Establishment of Atomic Safety and Licensing Board
ML19343B174
Person / Time
Site: Three Mile Island  Constellation icon.png
Issue date: 12/09/2019
From: Hawkens E
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-289-LA, 50-320-LA, ASLBP 20-962-01-LA-BD01, RAS 55451
Download: ML19343B174 (4)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION EXELON GENERATION COMPANY, LLC Docket Nos. 50-289 and 50-320 ASLBP No. 20-962-01-LA-BD01 ESTABLISHMENT OF ATOMIC SAFETY AND LICENSING BOARD Pursuant to delegation by the Commission, see 37 Fed. Reg. 28,710 (Dec. 29, 1972),

and the Commissions regulations, see, e.g., 10 C.F.R. §§ 2.104, 2.105, 2.300, 2.309, 2.313, 2.318, 2.321, notice is hereby given that an Atomic Safety and Licensing Board (Board) is being established to preside over the following proceeding:

EXELON GENERATION COMPANY, LLC (Three Mile Island Nuclear Station, Units 1 and 2)

This proceeding involves a challenge to an application by Exelon Generation Company, LLC for an amendment to the operating licenses for Three Mile Island Nuclear Station, Units 1 and 2, located in Dauphin County, Pennsylvania. The amendment would revise the site emergency plan and Emergency Action Level scheme for the permanently defueled condition of the units. In response to a notice filed in the Federal Register, see 84 Fed. Reg. 47,542, 47,548 (Sept. 10, 2019), Eric Epstein filed a Petition to Intervene and Hearing Request. See Eric J.

Epstein, Chairman of Three Mile Island Alert, Inc.s Petition to Intervene and Hearing Request (Nov. 12, 2019).1 1 In its memorandum referring the Petition to Intervene and Hearing Request to the Atomic Safety and Licensing Board Panel for appropriate action in accordance with 10 C.F.R. § 2.346(i),

the Office of the Secretary stated:

The first eight pages of the hearing requests Introduction section contain objections to a no significant hazards consideration determination by the NRC staff.

As stated at 10 C.F.R. § 50.58(b)(6), no petition or other request for review of or hearing on the staffs no significant hazards consideration determination will be entertained by the Commission. Accordingly, this referral memorandum is not to be construed as reflecting a determination that Mr. Epstein is entitled to a review of, or hearing on, the staffs no significant hazards consideration determination.

Memorandum from Annette L. Vietti-Cook to E. Roy Hawkens (Dec. 5, 2019).

The Board is comprised of the following Administrative Judges:

G. Paul Bollwerk, III, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Dr. Sue H. Abreu Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Dr. Gary S. Arnold Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 All correspondence, documents, and other materials shall be filed in accordance with the NRC E-Filing rule. See 10 C.F.R. § 2.302.

/RA/

E. Roy Hawkens Chief Administrative Judge Atomic Safety and Licensing Board Panel Rockville, Maryland December 9, 2019

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

EXELON GENERATION COMPANY LLC ) Docket Nos. 50-289 and 50-320-LA

)

Three Mile Island Nuclear Station )

(Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ESTABLISHMENT OF ATOMIC SAFETY AND LICENSING BOARD have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16B33 Mail Stop: O-16B33 Washington, DC 20555-0001 Washington, DC 20555-0001 ocaamail@nrc.gov hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop: O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 G. Paul Bollwerk, III, Chairman Reginald Augustus, Esq.

Administrative Judge Tyson Campbell, Esq.

paul.bollwerk@nrc.gov Kayla Gamin, Esq.

David E. Roth, Esq.

Dr. Sue H. Abreu Brian Newell, Paralegal Administrative Judge reginal.augustus@nrc.gov sue.abreu@nrc.gov tyson.campbell@nrc.gov kayla.gamin@nrc.gov Dr. Gary S. Arnold david.roth@nrc.gov Administrative Judge brian.newell@nrc.gov gary.arnold@nrc.gov Ian Curry, Law Clerk Exelon Generation Company, LLC ian.curry@nrc.gov 4300 Winfield Road Warrenville, IL 60555 Taylor Mayhall, Law Clerk taylor.mayhall@nrc.gov Tamra Domeyer, Esq.

tamra.domeyer@exeloncorp.com

THREE MILE ISLAND (Units 1 and 2) - Docket No. 50-289 and 50-320-LA ESTABLISHMENT OF ATOMIC SAFETY AND LICENSING BOARD Counsel for Exelon Generation Company, LLC Morgan Lewis Bockius 1000 Louisiana Street Suite 4000 Houston, TX 77002 Martin ONeill, Esq.

martin.oneill@morganlewis.com Three Mile Island Alert, Inc.

4100 Hillsdale Road Harrisburg, PA 17112 Eric Epstein lechambon@comcast.net

[Original signed by Herald M. Speiser ]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 9th day of December 2019 2