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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20210B8491999-07-21021 July 1999 Exemption from Certain Requirements of 10CFR50.54(w),for Three Mile Island Nuclear Station Unit 2 to Reduce Amount of Insurance for Unit to $50 Million for Onsite Property Damage Coverage ML20206D4141999-04-20020 April 1999 Exemption from Requirements of 10CFR50,App R,Section III.G.2 Re Enclosure of Cable & Equipment & Associated non-safety Related Circuits of One Redundant Train in Fire Barrier Having 1-hour Rating ML20206T7211999-02-11011 February 1999 Memorandum & Order (CLI-99-02).* Denies C George Request for Intervention & Dismisses Subpart M License Transfer Proceeding.With Certificate of Svc.Served on 990211 ML20198A5111998-12-11011 December 1998 Comment Opposing Proposed Rule 10CFR50.65 Re Requirements for Monitoring Effectiveness of Maintenance at Nuclear Power Plants.Proposed Rulemaking Details Collaborative Efforts in That Rule Interjects Change ML20154G2941998-09-17017 September 1998 Transcript of 980917 Public Meeting in Rockville,Md Re License Transfer of TMI-1 from Gpu Nuclear,Inc to Amergen. Pp 1-41 ML20199J0121997-11-20020 November 1997 Comment on Pr 10CFR50 Re Financial Assurance Requirements for Decommisioning Nuclear Power Reactors.Three Mile Island Alert Invokes Comments of P Bradford,Former NRC Member ML20148R7581997-06-30030 June 1997 Comment on NRC Proposed Bulletin 96-001,suppl 1, Control Rod Insertion Problems. Licensee References Proposed Generic Communication, Control Rod Insertion, & Ltrs & 961022 from B&W Owners Group ML20078H0431995-02-0101 February 1995 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & Lowpower Operations for Nuclear Reactors ML20077E8231994-12-0808 December 1994 Comment Supporting Proposed Rules 10CFR2,51 & 54 Re Rev to NRC NPP License Renewal Rule ML20149E2021994-04-20020 April 1994 R Gary Statement Re 10 Mile Rule Under Director'S Decision DD-94-03,dtd 940331 for Tmi.Urges Commissioners to Engage in Reconsideration of Author Petition ML20065Q0671994-04-0707 April 1994 Principal Deficiencies in Director'S Decision 94-03 Re Pica Request Under 10CFR2.206 ML20058A5491993-11-17017 November 1993 Exemption from Requirements in 10CFR50.120 to Establish, Implement & Maintain Training Programs,Using Sys Approach to Training,For Catorgories of Personnel Listed in 10CFR50.120 ML20059J5171993-09-30030 September 1993 Transcript of 930923 Meeting of Advisory Panel for Decontamination of TMI-2 in Harrisburg,Pa.Pp 1-130.Related Documentation Encl ML20065J3461992-12-30030 December 1992 Responds to Petition of R Gary Alleging Discrepancies in RERP for Dauphin County,Pa ML20065J3731992-12-18018 December 1992 Affidavit of Gj Giangi Responding to of R Gary Requesting Action by NRC Per 10CFR2.206 ML20198E5581992-12-0101 December 1992 Transcript of Briefing by TMI-2 Advisory Panel on 921201 in Rockville,Md ML20210D7291992-06-15015 June 1992 Exemption from Requirements of 10CFR70.24 Re Criticality Accident Requirements for SNM Storage Areas at Facility Containing U Enriched to Less than 3% in U-235 Isotope ML20079E2181991-09-30030 September 1991 Submits Comments on NRC Proposed Resolution of Generic Issue 23, Reactor Coolant Pump Seal Failure. Informs That Util Endorses Comments Submitted by NUMARC ML20066J3031991-01-28028 January 1991 Comment Supporting SECY-90-347, Regulatory Impact Survey Rept ML20059P0531990-10-15015 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N5941990-10-0404 October 1990 Transcript of 900928 Public Meeting in Rockville,Md Re Studies of Cancer in Populations Near Nuclear Facilities, Including TMI ML20055F4411990-06-28028 June 1990 Comment Supporting Petition for Rulemaking PRM-50-55 Re Revs to FSAR ML20248J1891989-10-0606 October 1989 Order.* Grants Intervenors 891004 Motion for Permission for Opportunity to Respond to Staff Correspondence.Response Requested No Later That 891020.W/Certificate of Svc.Served on 891006 ML20248J1881989-10-0303 October 1989 Motion for Permission for Opportunity to Respond to Staff Correspondence in Response to Board Order of 890913.* Svc List Encl ML20248J0301989-09-29029 September 1989 NRC Staff Response to Appeal Board Order.* Matters Evaluated in Environ Assessment Involved Subjs Known by Parties During Proceeding & Appear in Hearing Record & Reflect Board Final Initial Decision LBP-89-7.W/Certificate of Svc ML20247E9181989-09-13013 September 1989 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 ML20247G0361989-07-26026 July 1989 Transcript of Oral Argument on 890726 in Bethesda,Md Re Disposal of accident-generated Water.Pp 1-65.Supporting Info Encl ML20247B7781989-07-18018 July 1989 Certificate of Svc.* Certifies Svc of Encl Gpu 890607 & 0628 Ltrs to NRC & Commonwealth of Pa,Respectively.W/Svc List ML20245D3651989-06-20020 June 1989 Notice of Oral Argument.* Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from ASLB 890202 Initial Decision Authorizing OL Amend,Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890620 ML20245A5621989-06-14014 June 1989 Order.* Advises That Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from Board 890202 Initial Decision LBP-89-07 Authorizing OL Amend Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890614 ML20247F3151989-05-22022 May 1989 NRC Staff Response to Appeal by Joint Intervenors Susquehanna Valley Alliance/Tmi Alert.* Appeal Should Be Denied Based on Failure to Identify Errors in Fact & Law Subj to Appeal.W/Certificate of Svc ML20246Q2971989-05-15015 May 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20246J6081989-05-12012 May 1989 Licensee Brief in Reply to Joint Intervenors Appeal from Final Initial Decision.* ASLB 890203 Final Initial Decision LBP-89-07 Re Deleting Prohibition on Disposal of accident- Generated Water Should Be Affirmed.W/Certificate of Svc ML20247D2761989-04-20020 April 1989 Transcript of 890420 Briefing in Rockville,Md on Status of TMI-2 Cleanup Activities.Pp 1-51.Related Info Encl ML20244C0361989-04-13013 April 1989 Order.* Commission Finds That ASLB Decision Resolving All Relevant Matters in Favor of Licensee & Granting Application for OL Amend,Should Become Effective Immediately.Certificate of Svc Encl.Served on 890413 ML20245A8381989-04-13013 April 1989 Transcript of Advisory Panel for Decontamination of TMI-2 890413 Meeting in Harrisburg,Pa.Pp 1-79.Supporting Info Encl ML20245A2961989-04-13013 April 1989 Transcript of 890413 Meeting in Rockville,Md Re Affirmation/Discussion & Vote ML20248H1811989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* W/Certificate of Svc.Served on 890411.Granted for Aslab on 890410 ML20248G0151989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* Requests to File Appeal Brief 1 Day Late Due to Person Typing Document Having Schedule Problems ML20248G0261989-04-0606 April 1989 Susguehanna Valley Alliance/Tmi Alert Brief in Support of Notification to File Appeal & Request for Oral Argument Re Appeal.* Certificate of Svc Encl ML20248D7211989-04-0404 April 1989 Memorandum & Order.* Intervenors Application for Stay Denied Due to Failure to Lack of Demonstrated Irreparable Injury & Any Showing of Certainty That Intervenors Will Prevail on Merits of Appeal.W/Certificate of Svc.Served on 890404 ML20247A4671989-03-23023 March 1989 Correction Notice.* Advises That Date of 891203 Appearing in Text of Commission 890322 Order Incorrect.Date Should Be 871203.Certificate of Svc Encl.Served on 890323 ML20246M2611989-03-22022 March 1989 Order.* Advises That Commission Currently Considering Question of Effectiveness,Pending Appellate Review of Final Initial Decision in Case Issued by ASLB in LBP-89-07. Certificate of Svc Encl.Served on 890322 ML20236D3821989-03-16016 March 1989 Valley Alliance & TMI Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of 2.3 Million Gallons Of....* Certificate of Svc Encl.Served on 890316.Granted for Aslab on 890316 ML20236D3121989-03-15015 March 1989 Licensee Answer to Joint Intervenors Motion for Extension of Time to File Brief on Appeal.* Motion Opposed Based on Failure to Demonstrate Good Cause.W/Certificate of Svc ML20236D2901989-03-11011 March 1989 Valley Alliance/Tmi Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of Disposal of 2.3 Million Gallons of Radioactive Water at Tmi,Unit 2.* Svc List Encl ML20236A3761989-03-0808 March 1989 Licensee Answer Opposing Joint Intervenors Motion for Stay.* Stay of Licensing Board Decision Pending Appeal Unwarranted Under NRC Stds.Stay Could Delay Safe,Expeditious Cleanup of Facility.Certificate of Svc Encl ML20236C2441989-03-0808 March 1989 NRC Staff Response in Opposition to Application for Stay Filed by Joint Intervenors.* Application for Stay of Effectiveness of Final Initial Decision LBP-89-07,dtd 890202 Should Be Denied.W/Certificate of Svc ML20235V2641989-03-0202 March 1989 Notice of Aslab Reconstitution.* TS Moore,Chairman,Cn Kohl & Ha Wilber,Members.Served on 890303.W/Certificate of Svc ML20235V2161989-02-25025 February 1989 Changes & Corrections to Susquehanna Valley Alliance/Three Mile Island Alert Documents Submitted on 890221.* Certificate of Svc Encl 1999-07-21
[Table view] Category:PLEADINGS
MONTHYEARML20065J3461992-12-30030 December 1992 Responds to Petition of R Gary Alleging Discrepancies in RERP for Dauphin County,Pa ML20248J1881989-10-0303 October 1989 Motion for Permission for Opportunity to Respond to Staff Correspondence in Response to Board Order of 890913.* Svc List Encl ML20248J0301989-09-29029 September 1989 NRC Staff Response to Appeal Board Order.* Matters Evaluated in Environ Assessment Involved Subjs Known by Parties During Proceeding & Appear in Hearing Record & Reflect Board Final Initial Decision LBP-89-7.W/Certificate of Svc ML20248H1811989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* W/Certificate of Svc.Served on 890411.Granted for Aslab on 890410 ML20248G0261989-04-0606 April 1989 Susguehanna Valley Alliance/Tmi Alert Brief in Support of Notification to File Appeal & Request for Oral Argument Re Appeal.* Certificate of Svc Encl ML20248G0151989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* Requests to File Appeal Brief 1 Day Late Due to Person Typing Document Having Schedule Problems ML20236D3821989-03-16016 March 1989 Valley Alliance & TMI Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of 2.3 Million Gallons Of....* Certificate of Svc Encl.Served on 890316.Granted for Aslab on 890316 ML20236D3121989-03-15015 March 1989 Licensee Answer to Joint Intervenors Motion for Extension of Time to File Brief on Appeal.* Motion Opposed Based on Failure to Demonstrate Good Cause.W/Certificate of Svc ML20236D2901989-03-11011 March 1989 Valley Alliance/Tmi Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of Disposal of 2.3 Million Gallons of Radioactive Water at Tmi,Unit 2.* Svc List Encl ML20236A3761989-03-0808 March 1989 Licensee Answer Opposing Joint Intervenors Motion for Stay.* Stay of Licensing Board Decision Pending Appeal Unwarranted Under NRC Stds.Stay Could Delay Safe,Expeditious Cleanup of Facility.Certificate of Svc Encl ML20236C2441989-03-0808 March 1989 NRC Staff Response in Opposition to Application for Stay Filed by Joint Intervenors.* Application for Stay of Effectiveness of Final Initial Decision LBP-89-07,dtd 890202 Should Be Denied.W/Certificate of Svc ML20235N1621989-02-20020 February 1989 Application for Stay of Effectiveness of Final Initial Decision LBP-89-07 Dtd 890202.* Licensee Would Not Be Harmed by Granting of Stay ML20205D8451988-10-24024 October 1988 Licensee Motion to Strike Portions of Proposed Testimony of Kz Morgan.* Proposed Testimony Should Be Ruled to Be Not Admissible as Evidence in Upcoming Hearing.Supporting Info & Certificate of Svc Encl.W/Copyrighted Matl ML20205D6801988-10-20020 October 1988 Valley Alliance/Tmi Alert Notification to Parties That Kz Morgan Apps to Testimony Should Be Accepted as Exhibits.* Apps Listed.Svc List Encl.Related Correspondence ML20155G9981988-10-0404 October 1988 Valley Alliance/Tmi Alert Motion for Reconsideration of Part of Judge Order (880927) Re Limited Appearance Statements by Public.* Certificate of Svc Encl ML20155G9921988-10-0404 October 1988 Valley Alliance/Tmi Alert Motion to Submit Witness Testimony as Evidence W/O cross-exam at Hearing in Lancaster.* Requests That Cw Huver Testimony Be Accepted as Evidence ML20151S0261988-07-28028 July 1988 Valley Alliance/Tmi Alert Response to Licensee Notification of Typo in Bid Procurement Document.* Explanation for Change in Document Inadequate.W/Svc List ML20196G7801988-06-23023 June 1988 Motion of NRC Staff for Leave to File Response Out of Time.* Encl NRC Response in Support of Licensee Motion for Summary Disposition Delayed Due to Equipment Problems ML20196G9051988-06-23023 June 1988 NRC Staff Response in Support of Licensee Motion for Summary Disposition.* Motion Should Be Granted on Basis That No Genuine Issue Before ASLB or to Be Litigated.Supporting Documentation & Certificate of Svc Encl ML20196B5091988-06-20020 June 1988 Valley Alliance/Tmi Alert Response to Licensee Motion or Summary Disposition on Contentions 1-4,5d,6 & 8.* Affidavits of Kz Morgan,R Piccioni,L Kosarek & C Huver & Supporting Documentation Encl ML20154E2301988-05-16016 May 1988 Licensee Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard (Contentions 1,2,3 & 8).* ML20154E2081988-05-16016 May 1988 Licensee Motion for Summary Disposition on Alternatives (Contentions 1,2,3 & 8).* Motion Should Be Granted Based on Licensee Meeting Burden of Showing That Alternatives Not Superior to Licensee Proposal ML20154E3491988-05-16016 May 1988 Licensee Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard (Contention 5d).* ML20154E2851988-05-16016 May 1988 Licensee Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard (Contentions 4b in Part & 6 on Chemicals).* ML20154E3251988-05-16016 May 1988 Licensee Motion for Summary Disposition of Contention 5d.* Motion Should Be Granted in Licensee Favor ML20154E2681988-05-16016 May 1988 Licensee Motion for Summary Disposition of Contentions 4b in Part & 6 (Chemicals).* Licensee Entitled to Decision in Favor on Contentions & Motion Should Be Granted ML20154E1631988-05-0909 May 1988 Licensee Statement of Matl Facts as to Which No Genuine Issue to Be Heard (Contentions 4b in part,4c & 4d).* Lists Matl Facts for Which No Genuine Issue Exists ML20154E1281988-05-0909 May 1988 Licensee Motion for Summary Disposition of Contentions 4b (in part),4c & 4d.* Requests That Motion for Summary Disposition Be Granted on Basis That No Genuine Issue of Matl Fact Exists to Be Heard Re Contentions ML20154E1761988-05-0909 May 1988 Licensee Memorandum of Law in Support of Motions for Summary Disposition.* Requests Ample Notice Should Board Decide to Deny Summary in Part or in Whole ML20151E9491988-04-0707 April 1988 Licensee Answer to Intervenor Motion for Order on Production of Info on Disposal Sys Installation & Testing.* Intervenor 880330 Motion Should Be Denied Due to Insufficient Legal Basis.W/Certificate of Svc ML20150F9821988-04-0101 April 1988 Licensee Answer to Intervenors Motion to Compel Discovery.* Motion Should Be Denied on Basis That Licensee Responded Fully to Discovery Request.Certificate of Svc Encl ML20148P3931988-03-30030 March 1988 Valley Alliance & TMI Alert Motion to Request That Presiding Judge Order Gpu Nuclear to Provide Addl Info & Clarify Intentions to Install Test & Conduct Experiments W/Evaporator Prior to Hearings.* ML20196D2801988-02-12012 February 1988 NRC Staff Response to Motion by TMI Alert/Susquehanna Valley Alliance for Extension of Discovery.* Motion Should Be Denied.Certificate of Svc Encl ML20196D3541988-02-10010 February 1988 Licensee Response Opposing Susquehanna Valley Alliance/Tmi Alert Intervenor Motion for Extension of Time for Discovery.* Joint Intervenors Failed to Show Good Cause for Extension of Time for Discovery.Certificate of Svc Encl ML20148D4661988-01-19019 January 1988 Licensee Objection to Special Prehearing Conference Order.* Board Requested to Clarify 880105 Order Consistent W/ Discussed Description of Board Jurisdiction & Scope of Proceeding.W/Certificate of Svc ML20236N9081987-11-0505 November 1987 Joint Motion for Approval of Settlement Agreement & for Termination of Proceeding.* Termination of Proceeding Should Be Granted ML20235F3651987-09-23023 September 1987 Util Response Opposing NRC Staff Motion to Rescind Protective Order.* Response Opposing Protective Order Guarding Confidentiality of Document Re Methodology of Bechtel Internal Audit Group ML20235B3911987-09-18018 September 1987 NRC Staff Motion for Extension of Time.* Staff Requests Short Extension of Time Until 870925 to File Responses to Pending Petitions.Certificate of Svc Encl ML20235F4401987-09-18018 September 1987 Util Supplemental Response to NRC Staff First Request for Admissions.* Util Objects to Request as Vague in Not Specifying Time Frame or Defining Proprietary, Pecuniary.... W/Certificate of Svc.Related Correspondence ML20238E6001987-09-0404 September 1987 NRC Staff Motion to Rescind Protective Order.* Protective Order Should Be Rescinded & Presiding Officer Should Take Further Action as Deemed Appropriate.W/ Certificate of Svc ML20238E6391987-09-0303 September 1987 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 ML20237J9931987-08-12012 August 1987 Joint Gpu & NRC Staff Motion for Protective Order.* Order Will Resolve Discovery Dispute ML20237K0431987-08-11011 August 1987 Gpu Response Opposing Parks Motion to Quash Subpoena Duces Tecum.* Exhibits & Certificate of Svc Encl ML20236P1871987-08-0505 August 1987 Formal Response of Rd Parks to Subpoena Duces Tecum of Gpu &/Or,In Alternative,Motion to Quash/Modify Subpoena Due to Privileged Info.* Documents Are Communications Protected by Atty/Client Privilege.Certificate of Svc Encl ML20236E7101987-07-28028 July 1987 Joint General Public Utils Nuclear Corp & NRC Staff Motion for Protective Order.* Adoption & Signature of Encl Proposed Order Requested ML20216J7871987-06-29029 June 1987 Opposition of Gpu Nuclear Corp to Aamodt Motion for Reconsideration.* Motion Asserts Board Did Not Consider Important Evidence on Leakage at TMI-2.W/Certificate of Svc ML20216D2311987-06-23023 June 1987 Response of Jg Herbein to Aamodt Request for Review & Motion for Reconsideration.* Opportunity for Comment Should Come After NRC Has Made Recommendations to Commission.Certificate of Svc Encl ML20215J8981987-06-19019 June 1987 Response of Numerous Employees to Aamodt Request to File Comments on Recommended Decision.* Numerous Employees Do Not Agree W/Aamodt That Recommended Decision Is Greatly in Error.Certificate of Svc Encl ML20215K2121987-06-17017 June 1987 (Motion for reconsideration,870610).* Corrections to Pages 3 & 4 Listed ML20215J7551987-06-15015 June 1987 Gpu Response to Motion to Quash Subpoena.* Dept of Labor 870601 Motion to Quash Subpoena Served on D Feinberg Should Be Denied.W/Certificate of Svc 1992-12-30
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C3 0)
UNITED STATES OF AMERICA ( 4 NUCLEAR PEGULATORY CQNISSIQ1 g.
BEFORE THE ATQ4IC SAFETY AND LICDSING BOARD 2 g 4 @ e, - i In the Matter of ) 0 77 METROPOLITAN EDISQ4 COMPRE, ) I*
f
) Docket No. 50-289 (Three Mile Island Nuclear ) (Restart) ' M"- J Station,UnitNo.1) )
CDbtDE.ALTH OF PENISYLVANIA'S REPORT I Q1 POSITIONS FORMJIATED BASED ON INFOIh*'IQ1 AVAILABIE AS OF JULY 25, 1980 t
u The Atcxnic Safety and Licensing Becrd has requested Ccxmenwealth agencies participating in the above-captioned proceeding to serve by July 31, 1980 a report on those positions they have adopted " based on inforration then available."1 This report respends to that request, and is divided into two parts. The first outlines the general nature of the role the Cocro: wealth has elected to play at this stage of the proceeding.
The second part of this report enumerates those specific issues on nich Pennsylvania has elected to take a positicn at this time. In adopting this posture, Pennsylvania in no way i:: plies a waiver of its additional rights to participate as set forth in 10 C.F.R. 52.715(c) .
I. CCtt0tWALTH OF PENNSYLVANIA'S GEERAL PIAN OF PARTICIPATIQ4.
Failure to adopt a concrete position on scoe issues does not preclude active participation by Ccnmmealth attorneys with respect to all issues in the proceeding. 10 C.F.R. 52.715(c) allcus the representatives of state agencies:
a reasonable opportunity to participate and to introduce evidence, interrogate witresses, and advise the Ccmrission without requiring the representative to take a position i with respect to the issue. Such participants ray also file l proposed findings and exceptions pursuant to 552.754 and '
2.762 and petitions for review by the Cocr:ission pursuant to 52.786. .
l
-l
- 1. bbmcrandu:n and Order on Pre-hearing Conference on May 13, 1980 (May 22, 1980), at 8.
soasooo 2g G- s ./, 1
, PA 7/31/80 e
This general participation will take the following forms:
(1) Independent of the substantive issues involved in the pro-caeding, Fennsylvania desires that the Board's decisions be made on the i
basis of a full, fair and accurate record. Therefore, Pen:ssylvada .
intends to introduce evidence in areas of state expertise, including -
evidence on issues on which Pennsylvania has not taken a position.
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(2) Pernsylvania will exercise freely its right to cross-exrine {
witnesses in an effort to inprove the quality and credibility of the l record.
(3) Pennsylvania reserves its right to take positions on critical procedural issues. Again, this posture is based on the Cmcenwealth's interest in the fairness and cmpleteness of the record. For instance, although Pennsylvania ackncwledges the limited jurisdiction of the Board and the requirment that evidence be relevant, material, and reliable, it' hopes that 10 C.F.R. f 2.743 will be construed liberally so that all pertinent information will be weighed.2
. (4) Pennsylvania will adopt a strong position on all questions of burden of proof. The general rule established by 10 C.F.R. 52.732 is .
.i that "the applicant or the proponent of an order has the burden of proof." Essentially, Metropolitan Edison is seeking an order pern:itting it to restart the Unit 1 reactor.3 The burden of proof thus is clearly l on the licensee to dem:nstrate that such an order would be censistent
- 2. 10 C.F.R. 52.743(a) provides: "Every party to a proceeding shall have the right to present such oral or documentary evidence and conduct such cross-examination as may be recuired for full and true disclosure of the facts." (ephasis added). The tiRC's August 9, 1979 Order and Notice of Hearing instructed that "the Licensing Board should exercise 3 its authority to seek to ensure that it receives all information necessary -
to a thorough investigation and resolution of the questions before it."
(p. 11).
- 3. August 9,1979 Order and Notice of Hearing at 8,15. .
PA 7/31/80 ,
with the public health, safety, and interest. Specifically, the August 9 NRC order expressly inposes upon the licensee the burden of demonstrating ,
that a nuser of conditions are met prior to restart.' As to the specific actions required by the NRC order, the Office of Nuclear Reactor Regulation renders the initial decision regarding the empletion of "short-term" actions and the achieveent of reasonable progress toward the empletion 1 of "long-term" actions. Nevertheless, Pennsylvania believes that the i
burden of proof is ultimately on the licensee to demonstrate that sixh j i
actions have been satisfactorily empleted. :
(5) The unique status afforded to state agencies by 5274 of-the :
Atomic Energy Act and 10 C.F.R. 52.715(c) enables Pennsylvania to reserve !
I judgment on any question of fact or issue of law on which it currently ,
elects not to adopt a position. Pennsylvania hereby reserves its right to file proposed findings of fact and exceptions and to participate actively ,
in the-Cmmission review regardless of the position it adepts on a particular issue at this stage of the proceeding.5 Pennsylvania adopts this position
. due to its status as a representative of the public interest6 and its desire to reserve judgment regarding issues on which there currently exists insufficient evidence to render a rational decision.
II. SPECIFIC POSITIONS OF THE CatDMEALTH OF PENNSYLVANIA BASED ON IhTORMATION AVAIIABIZ AT IHIS TIME.
For the purpose of issue identification, this report follcus the organization suggested in "Intervenor Steven C. Sholly Becarnendations on
- 4. Id._ at 6-7.
- 5. See In re Gulf States Utilities Co. , A1AB-317, March 4,1976, re rinted
- Ln 2 NUC. REG.10:.r. (CCH) 130, 053.02.
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- 6. See In re EXXON Nuclear 6. , Inc. , A1AB-447, Dec.13,1977, reprinted rn 2 RUC. REG. to:.v. (CW) 130, 255 (concurring opinion of Salzman, h r, ASIAB).
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PA 7/31/80 Contention Grouping" (May 19, 1980), with the addition of one category entitled " Emergency Planning."
Pennsylvania agrees with a nucber of the contentions raised by the intervenors. Pennsylvania's extent of agreement with these contentions, however, fits into two categories: Grouc A: he contention is valid and has not been addressed adequately by the August 9,1979 NRC Order or subsequent staff review; both the licensee and the NRC staff bear a heavy burden of demmstrating that these cencerns are adequately addressed prior to restart; Grouc B: he centention states a valid and necessary prerequisite to restart, but has been addressed adequately by a required NRC action; however, the licensee still bears the burden of proving full ccupliance with this condition prior to restart.
B e omission of a contentien from one of these two categories does
. not imply disagreement with that contentien at this time. Rather, failure to adopt a position sinply means that the Cocummalth currently i has no opinion with respect to that ccatention. As stated earlier, Pennsylvania reserves its right to take a position on these issues as more infer: ration becanes available.
Class 9 Accidents.
Pennsylvania believes tha.t the accident scenaries set forth in Sholly Cententica 17 and ECNP Centention 4 are possible and should be addressed. However, since other possible scenaries may lead to a Class 9 accident, this concern cannot be addressed fully by rerely litigating these scenarios. Berefore, a reevaluation in light of the M -2 accident of the NRC's method of determining Wich possible accidents fall within the design basis is necessary to provide a reasonable assurance that a Class 9 accident will not occur at M-1.
-4
PA 7/31/80 9
Group A Contentions - Sholly 17 EGP 4 UG 13 Human Factors.
The IRC Order addresses these concerna as they relate to a M -2 tvoe accident. ,
Group B Contentions - Sholly 15 ANGRY Sc Radiation Monitoring.
It nust be demonstrated that the inadequacies in Licensee's management of radiation nonitoring durire the M-2 accident will not be repeated at M -1. The Licensee should be required to finalize its
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detailed errvircrnental nonitoring prorja:n and to give it wide public disse =ination as a means of alleviating psychological stress.
Grouc A Contention - Sholly 9 Grouc B Contention - Sholly 5 Qualification of Camponents and Controls.
Since certain essential instruments failed due to flooded areas after
. the M-2 accident, this type of accident-induced environmental conditions rust be evaluated for essential safety-related instruments prior to M -1 restart.
Group A Contentions - LU 12 Group B Contentions - UCS 3 UCS 4 UCS 5 Financial Issues.
It is critical that the Licensee dercastrate its financial' ability
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- to cperate M-1 sinultaneously with the M-2 clearmp. It should be noted, however, that M-1 restart, absent another accident, would probably improve rather than impair Licensee's financial health.
Group A Contentions - GA 9 7MIA 6
+
PA 7/31/80 NEPA.
Pennsylvania urges the Board to decide the question of whether an EIS is required as early as possible in this proceeding to avoid potential further delay in final resolution of the restart petition.
IDCA Analysis.
The Licensee cust danonstrate that it has Inade appropriate changes at M-1 in accordance with the generic evaluation of small break 10CA's for Babcock and Wilccx-designed reactors (NL' REG-0565) .
Grouc B Contentiers - LES 8 EGP le Hydrogen Gas Control.
'Ihe Licensee has demonstrated that hydrogen control is manageable for a design basis H)CA but not for potential Class 9 accidents.
Grouc'A Contentions - Shelly 11 liCS 11 Grous B Contentions - ANGRY 5a Ooerator Training.
The accelerated operator training progra:n appears to satisfy the
. concerns generated by the M-2 accident.
Group B Contentions - Aa::odt 2 .
M -1/ M -2 Separation. I Although waste storage separation issues appear to have been addressed adequately by NPC requirements i= posed thus far, the Licensee nust dmon-strate that absolute ccupliance can be and will be reached.
Grouc B Contentiens - CEA 5 i CEA 6 MA7 Pennsylvania is also extranely concerned that the issue of the cumlative offsite radiation doses frcxn the simultaneous operation of ;
i M-1 and decontamination of M-2 will not be addressed adequately in 1
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PA 7/31/80 light of the withdrawal of MA cententions 1 and 2 and tht removal of E GP Contention 5. It should be adequately da:cnstrated that the probability of accidents at M-2 cleanup which ray exceed the 10 C.F.R.
50 Appendix I limits is low ccapared to the probability of an accident at M -1 which could exceed these li=its. It shculd be noted that M-2 cleanup is an essential acti.vity while M-1 restart is cotional.
Containment Isolation.
It is not clear whether the reactor building sump line receives a containment isolation signal.
Grouc A Contentions - Sholly 1, point 2 Grouc B Contentions - Sholly 1, point 1 Plant Ccncuter Systen.
It nust be deonstrated that the ccrputer-related difficulties that occurred during the M-2 accident are not repeated at M-1, althcugh the ccuputer should rrain a suppleental information systen rather than a primanf safety-related systen.
Group A Contentions - Sholly 13 ECNP la ECCS Bvpass.
Procedural changes rather than technical modifications are nest uppropriate to prevent an operator ECCS Bypass.
Grouc B Cententions - Sholly 3 UCS 10 Instrumentation.
Ihe dcensee has not cccritted. itself to a design that will provide an unarbiguous indication of the degree of inadequate core cooling.
Group B Contentions - ANGRY Sb UCS 7 ECNP Ic, d Sholly 6b I
PA 7/31/80 Emergency Plaming.
Because of the recent revisica of the emergency plans (distributed to the parties in June), the consequent suspension by the. Board of the schedule as it applies to emergency plaming issues, and the setting of a new dad 14e for final contentions, the Ccuromealth understands that it is not required to take a position on emergency plaming issues at this time. However, even in the absence of final contentions, the Camorw.alth can address two i=pertant points.
First, although Pennsylvania agrees that expediency is desirable, it also views the adequacy of federal, state and local emergency plaming and response capabilities as an essential prerequisite to the restart of 'IMI-1.
'Iherefore, consideration of the energency plaming issues should be extended so that all relevant information can be analyzed thcroughly. 'Ihe pending prmulgation of the final NRC emergency planning regulations (44 Fed.
Reg. 75167 (1979)) argues in favor of postpcasnent until the regulatory structure is clarified. Moreover, the lack of NRC staff analysis of Licensee's Revised Frergency Plan makes a ccnplete analysis of the Plan's adequacy impossible. Although the September 8, 1980 deadline for ccatenticas7 annears adequate at this time, additicnal discovery periods should be provided as new infor=aticn beccmes available. In any case, Pennsylvania intends to request additional time to form 21 ate its positions en the revised contentions after the Septe er 8 deadline, as it has received with respect to the other issues in the proceeding.
Second, Pemsylvania is concerned that the record will be 'incmplete unless the NRC staff presents evidence to deronstrate that federal emergency res' pense capabilities have been improved since the 'IMI-2
- 7. Memorandum and Order Resuming Schedule For Discovery and Cententions on Emergency Plaming (July 15, 1980).
e
PA 7/31/80 accident. This is not a generic concern but one Wich was sHmnlated by specific federal actions during the BE-2 accident. For exa::ple, through-out the accident NRC officials experienced difficulty in receiving and ccumunicating accurate informatien to and from the Licensee and the appropriate stace agencies. , As a result, a nurber of incorrect and conflicting reccrrnendations were received by state officials. ' Ibis confusion may be compounded by the continuing presence at the site of NRC officials monitoring DE-2 cleanup operations. The opinions of these on-site officials may conflict with information or instructions received frcm NRC headquarters. No documents or plans have been produced to demonstrate that such potential conflicts will be corrected prior to restart and to analyze 4 ether or hcw these changes will affect the state's emergency response. Pennsylvania expects that federal witnesses and other evidence will be presented to prove that the BE-2 n:ishaps will not be repeated at a potential DE-1 accident.
& ' bY a t'[T &
KARIN W. CARTER Assistant Attorney General Cumusealth of Pennsylvania
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PA 7/31/80 UNITED SIAIES OF AMERICA 4 NUCL.AR REGULATORY CDt141SSION (
'M1 hello \\
EEFORE 71E A70t41C SAFETY AND LICENSING BOARD D Aus 41980
Office of the Seerstay
-12
) #
MEIROPOLITAN EDISON 00t@INY, ) g $ 'g
) Docket No. 50-289 4 (Three Mile Island Nuclear ) (Res, art) w iro Station, Unit lio. 1) )
w ir1CATE OF SERVICE I hereby certify that the attached Cummalth of Pennsylvania's Report en Positions Form.tlated Based on Information Available as of July 25, 1980 was mailed, postage prepaid, this 31st day of July, 1980, to the persons on the attached Service List.
AI (
KARIN W. CARIER d- l Assistant Attorney General
w.
UNITED STATES OF AFERICA NUCLEAR REGULAIORY CatESSION BEFORE THE AIQ EC SAFEIY AND LICENSING BOARD In the Matter of )
)
FEIROPOLITAN EDISON CDEANY, )
) Docket Ib. 50-289 (Three Mile Island Nuclear ) (Restart)
Station, Unit No. 1) )
SERVICE LIST
- . George F. Trowbridge,. Esquire Theodore A. Adler, Esquire
.. Shaw, Pittman, Potts & Trowbridge Widoff, Reager, Selkowitz & Adler 1800 M Street, N.W. P. O. Box 1547 Washington, D.C. 20006 Harrisburg, Pennsylvania 17105 Ms. Marjorie M. Aamodt Ivan W. Smith, Esquire
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R.D. #5 . Chairman Coatesville, Pemsylvania 19320 Atemic Safety and Licensing Board Panel U.S. Nuclear Regulatory Co mission Ms. Holly S. Keck, leg. Chairtran Washington, D.C. 20555 Anti-Nuclear Group Representing York (ANGRY) Dr. Walter H. Jordan
-245 W. Philadelphia Street Atomic Safety and Licensing Board Panel York, Pemsylvania 17404 881 West Outer Drive Oak Ridge, Tennessee 37830 Ms. Frieda Berryhill, Chairman Coalition for Nuclear Power Dr. Linda W. Little Plant Postponement Atomic Safety and Licensing Board Panel 2610 Grendon Drive 5000 Hermitage Drive Wilmington, Delaware 19808 Raleigh, Ibrth Carolina 27612 Mr. Robert Q. Pollard Docketing and Service Section 609 Montpelier Street Office of the Secretary Balitrore, Maryland 21218 U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Walter W. Cohen, Esquire Consumer Advocate Ellyn R. Weiss Department of Justice Sheldon, Harmon, Rois:ran & Weiss Stras erry Square, 14th Floor 1725 I Street, N.W.
Harrisburg, Pennsylvania 17127 Suite 506 Washington, D.C. 20006 Dr. Chauncey Kepford Judith H. Johnsrud Karin P. Sheldon, Esq. (PANE)
Enviwou=utal Coalition on Nuclear Sheldon, Harrt:rn, Roisman & Weiss
. Power 1725 I Street, N.W. , Suite 506 433 Orlando Avenue Washington, D.C. 20006 State College, Pennsylvania 16801 James A. Tourtellotte, Esquire Mr. Steven C. Shelly Office of the Executive legal 304 South Market Street Director -
Mechanicsburg, Pennsylvania 17055 U.S. Nuclear Regulatory Conrm.ssion Washington, D.C. 20555 I
s John A. lavin, Esquire Jordan D. Cunningham, Esquire Assistant Counsel Attorney for Newberry Township Pennsylvania Public Utility T.M.I. Steering Comittee Comission 2320 lbrth Second Street P.O. Box 3265 lbrrisburg, Pennsylvania 17110 Harrisburg, Pennsylvania 17120 ,
Parvin I. Isis Robert L. Knupp, Esquire 6504 Bradford Terrace Assistant Solicitor '
Philadelphia, Pemsylvania 19149 County of Dauphin P.O. Box P Jane Lee 407 North Front Street R.D. 3, Box 3521 Harrisburg, PA 17108 Etters, Pemsylvania 17319 John E. Minnich Chairrran, Dauphin County-Board of Cotraissioners Dauphin County Courthouse Frcr.t and Market Streets Farrisburg, Pemsylvania 17101 1
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