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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:OTHER LEGAL DOCUMENT
MONTHYEARML20149E2021994-04-20020 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 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 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 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 ML20235N2241989-02-21021 February 1989 Licensee Comments on Immediate Effectiveness.* Requests That Commission Speak & Approve Proposed accident-generated Water Disposal Method by Making Licensing Board Decision Effective Immediately.Certificate of Svc Encl ML20235N1431989-02-20020 February 1989 Valley Alliance/Three Mile Island Alert Comments to Commission Re Whether Decision of 890203 Should Await Administrative Appellate Review.* Motion for Stay Permitting Appeal to Be Heard Prior to Amend Being Granted Encl ML20235N1891989-02-20020 February 1989 Response of Cw Huver to Final Initial Decision of ASLB in Matter of Disposal of Accident Generated Water from TMI-2 on Behalf of Susquehanna Valley Alliance.* ML20235N1371989-02-20020 February 1989 Notice to Appeal Final Initial Decision Concerning Request for Amend to Dispose of Accident Generated Water by Gpu.* Notice Will Be Followed by Brief Supporting Joint Intervenor Position on Appeal.Notification of Address Change Encl ML20155H4401988-10-11011 October 1988 Valley Alliance/Tmi Alert Submittal of Expert Testimony.* Forwards Testimony of Kz Morgan,R Piccioni & Cw Huver.Related Correspondence ML20155G9441988-10-0606 October 1988 Fr Notice (Schedule of Hearings).* ASLB Will Hold Limited Appearance Session on 881103 in Lancaster,Pa.Written Statements of Intention to Appear May Be Filed W/Board Prior to 881028.Served on 881007 ML20155H0031988-10-0404 October 1988 Notification of Parties as to Subj Matter of R Piccioni Testimony.* Joint Intervenors Suppls Interrogatory Responses Re Witness,R Piccioni Testimony on Contentions 2 & 3. Certificate of Svc Encl.Related Correspondence ML20154P4691988-09-27027 September 1988 Fr Notice (Schedule of Hearings).* Public Hearings Scheduled for Listed Dates,Per 880825 Order.Limited Appearance Statements May Be Filed W/Aslb Prior to 881028.Served on 880928 ML20151N5911988-07-29029 July 1988 Notice of Reconstitution of Board.* Pb Bloch Appointed Administrative Judge in Place of Sj Wolfe.Served on 880801 ML20154E3001988-05-12012 May 1988 Erratum to Licensee Motion for Summary Disposition of Contentions 4b (in part),4c & 4d.* Stated Parenthetical Entry Should Be Deleted from Licensee 880509 Motion,Page 7. Certificate of Svc Encl ML20154E3521988-05-11011 May 1988 Memorandum (Memorializing Conference Call).* Discusses 880511 Telcon in Which Board Granted NRC Request for Extension of Time Until 880523 to File Motion for Summary Disposition.Served on 880512 ML20150A9441988-03-14014 March 1988 Notice of Appearance.* RP Mather Will Enter Appearance in Proceeding on Behalf of Commonwealth of Pa.Certificate of Svc Encl ML20237E4791987-12-14014 December 1987 Notification of Temporary Change of Address.* Author Can Be Reached at Listed Address from 871216 Through 880106 as Representative for Susquehanna Valley Alliance & TMI Alert ML20236N9181987-11-0505 November 1987 Settlement Agreement.* Settlement Will Constitute Bar to Any Future NRC Proceeding or Action Involving Same Claims & Allegations Raised in NRC 850812 Notice of Violation ML20235F4681987-09-22022 September 1987 Notice of Deposition of AB Beach.* Requests AB Beach Appearance in Washington,Dc on 871005 to Give Testimony by Deposition on Oral Exam Re Allegations by R Parks Concerning TMI-2.W/Certificate of Svc.Related Correspondence ML20235F4271987-09-18018 September 1987 Notice of Deposition.* Notice for D Feinberg to Give Testimony by Deposition Upon Oral Exam on 870928 Re R Parks Allegations Concerning TMI-2 & Util.W/Certificate of Svc. Related Correspondence ML20235F2861987-09-18018 September 1987 Util Supplemental Memorandum.* Util Confirmed That Substantial Renumerations Made Annually to All TMI-1 Licensed Personnel Which Husted Forfeited Due to Termination of License.W/Certificate of Svc ML20235B4341987-09-15015 September 1987 Establishment of Aslb.* Board Comprised of Sj Wolfe, Go Bright & Oh Paris.Served on 870921 ML20234D2771987-09-14014 September 1987 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20238E4671987-09-0808 September 1987 Notice of Appearance.* Advises That Author Will Represent TMI Alert,Inc at Oral Argument Scheduled for 870909. Certificate of Svc Encl ML20238A5611987-08-18018 August 1987 Notice of Oral Argument.* Argument on Appeal of C Husted from 870402 Initial Decision Will Be Heard on 870909 in Bethesda,Md,Per Aslab 870811 Order.Served on 870819 ML20236P0661987-08-0404 August 1987 Notice of Deposition of Hl Hofmann.* Notice of 870820 Deposition in San Francisco,Ca Re Matters Set Forth in Paragraphs 2-5 of Encl 860813 Prehearing Order.W/Certificate of Svc.Related Correspondence ML20236E6831987-07-28028 July 1987 Notice of Deposition of Rd Parks.* Deposition Will Be Taken on 870818 in San Francisco,Ca Re Allegations & Activities Related to TMI-2.Certificate of Svc Encl.Related Correspondence ML20235Y8601987-07-20020 July 1987 Comments of Numerous Employees on Recommended Decision.* Numerous Employees Include 25 Present or Former TMI-2 Employees Commenting on Inquiry Into Facility Leak Rate Data Falsification.Certificate of Svc Encl ML20216D0881987-06-22022 June 1987 Inquiry Into TMI Unit 2 Leak Rate Data Falsification.* Notice of Reconstitution of ASLB Appointing Sj Wolfe in Place of Jl Kelley.Served on 870623 ML20215D5761987-06-10010 June 1987 Affirmation.* Pr Clark Sworn Statement Indicating That Gpu Subscribes to Reasons Stated in Response for Denying or Not Being Able to Admit or Deny Particular Requests.W/ Certificate of Svc.Related Correspondence ML20214P2911987-06-0101 June 1987 Request for Clarification & Mod.* in Appearances Section of Board Recommended Decision, Applicants Should Be Changed to Numerous Employees & Listed Individuals Be Added Following Moeller Name.Certificate of Svc Encl ML20214S0271987-06-0101 June 1987 Notice of Deposition of Rd Parks.* Notice of Deposition for Rd Parks to Appear in Newport Beach,Ca on 870622 to Give Testimony by Deposition Upon Oral Exam Re Investigations of Allegations.W/Certificate of Svc.Related Correspondence ML20214P0661987-05-29029 May 1987 Notice of Deposition of Rd Parks.* Parks Requested to Appear at Ofcs of Thelen,Marrin,Johnson & Bridges in Newport Beach, CA to Testify Re Allegations & Activities Concerning Plant. Certificate of Svc Encl.Related Correspondence ML20214N2551987-05-26026 May 1987 Notice of Deposition of AB Beach.* Instructs AB Beach to Testify Re Knowledge of Allegations Made by R Parks Re Util, Facility,Bechtel Employees & NRC Investigation of Allegations.W/Certificate of Svc.Related Correspondence ML20215K9941987-04-30030 April 1987 Notice of Appeal.* Appeal of ASLB 870402 Initial Decision Requested.Certificate of Svc Encl ML20209E9051987-04-23023 April 1987 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20206T0501987-04-20020 April 1987 Assignment of Aslab.* as Rosenthal,Chairman, & TS Moore & Ha Wilber,Members.Served on 870421 ML20206S8011987-04-17017 April 1987 Notice of Appeal of C Husted from Administrative Law Judge 870402 Initial Decision.W/Certificate of Svc ML20205F2721987-03-24024 March 1987 Certificate of Svc.* Certifies That Comments of Numerous Employees in Response to ASLB 870202 Request & Order Served on Mm Aamodt on 870302 ML20204B8011987-03-19019 March 1987 Notice of Deposition of Rc Arnold.* Arnold Given Notice & Requested to Appear in Gaithersburg,Md on 870407 to Give Testimony Re Issues Discussed in 860813 Memorandum & Order. Certificate of Svc Encl.Related Correspondence ML20204B6831987-03-19019 March 1987 Notice of Deposition of Jj Barton.* Barton Given Notice & Requested to Appear in Gaithersburg,Md on 870407 to Give Testimony Re Issues Discussed in 860813 Memorandum & Order Following Prehearing Conference.Related Correspondence ML20212D0721987-02-27027 February 1987 Clarification Re Numerous Employees Memorandum of Law.* Discusses Numerous Employees 870123 Position That Surveillance & Administrative Procedures Were Not Legal Requirements.Certificate of Svc Encl.Related Correspondence ML20212N5121987-02-22022 February 1987 Notice of Withdrawal of Appearance.* Certificate of Svc Encl ML20212N4991987-02-22022 February 1987 Notice of Withdrawal of Appearance.* Certificate of Svc Encl ML20212D0561987-02-20020 February 1987 Errata to Aamodt Reply Findings to Those of Other Parties (Submitted in Form of Recommended Decision).* W/Certificate of Svc ML20212D0201987-02-17017 February 1987 Aamodt Reply Findings to Those of Other Parties (Submitted in Form of Recommended Decision).* W/Certification of Svc ML20211A9351987-02-16016 February 1987 Comments of Numerous Employees in Response to ASLB 870202 Request & Order.* Defendant Memorandum of Law Supporting Motion to Dismiss Indictment & Certificate of Svc Encl 1994-04-07
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ogghfD u.
I BEFORE THE COMMISSION 'g4 JJV gg P3:17 ,
In the Matter of ) fZig(g7 7,, '
) '~^c!y q ;;);}
METROPOLITAN EDISON COMPANY ) C u A C.T '
) Docket No. 50-289 i (Three Mile Island Nuclear ) (Restart)
Station, Unit No. 1) )
i COMMONWEALTH OF PENNSYLVANIA'S INITIAL COMMENTS ON THE COMMISSION'S ORDER DATED JUNE 1, 1984 r
By order dated June 1, 1984, the Commission requested the parties to this proceeding to file comments on whether the Commission should lift the immediate effectiveness of its 1979 shutdown order, prior to completion of the review of ALAB-772 and considcration of other relevant information. The Common-wealth of Pennsylvania files these initial comments and in-tends, as it has in the past, to file additional comments on or before July 6, 1984, the date that the Commission has set for receipt of comment from the parties to the proceeding.
The Commonwealth of Pennsylvania opposes lifting the immediate effectiveness of the shutdown order. As stated on numerous occasions by Governor Dick Thornburgh, the Common-wealth opposes any vote on rest- 't of Unit 1 at Three Mile Island ("TMI-1") unless and until adequate funding has been assured to complete the cleanup of radioactive material at the damaged facility at Three Mile Island Unit 2 ("TMI-2") , and ;
l l unless aMd until the Commission has provided adequate
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8406190195 840615 PDR ADOCK 05000289 Q PDR r
assurances that Unit 1 can be operated safely. The Governor's letter to the Commission dated June 14, 1984, reiterates the Commonwealth's position and is incorporated as part of
' Pennsylvania's Initial Comments.
On July 2, 1979, the Commission ordered that TMI-1 remain in a cold shutdown condition until a hearing could be held to resolve' safety concerns. On August 9, 1979, the Commission held that "the unique circumstances at TMI require that addi-tional safety concerns be resolved prior to restart." Commis-sion order dated August 9, 1979 (the " August 9 order"), at 4, CLI 79-4, 10 NRC 141 (1979). Among these concerns were questions about the management capa-bilities and technical resources of Metropolitan Edison, including the impact of the Unit 2 accident on these, [and] the potential effect of operations necessary to decen-taminate the Unit 2 facility on Unit 1...
The Commission held that it would not authorize Unit 1 restart until completion of "short-term actions" required to provide adequate protection of the public health and safety.
t
The Commission specified two required short-term con-ditions dealing with the licensee's ability to operate Unit 1 while Unit 2 remained in a damaged condition:
- 6. The licensee shall demonstrate his managerial capability and resources to operate Unit 1 while maintaining Unit 2 in a safe configuration and carrying out planned decontamination and/or restoration activities. Issues to be addressed include the adequacy of groups pro-viding safety review and operational ,
advice, the management and tec'hnical capability and training of operations staff, the adequacy of the operational Quality Assurance program and the facility procedures, and the capability of impor-tant support organizations such as Health Physics and Plant Maintenance.
- 7. The licensee shall demonstrate his financial qualifications to the extent relevant to his ability to operate TMI-l safely.
Id. at 7.
t
Under the terms of the Commission's order, these con-ditions must be satisfied before the Commission can vote on TMI-l restart. If the Commission were to determine at this time that TMI-l could be restarted, the Commission would be stating to the public that the conditions imposed by the 1979 order are not required and are not important to the public health and safety.
t It is clear from the record, and from statements made by the Commission itself, that the operation of TMI-l with TMI-2 in its present damaged condition would raise two critical safety issues that are tied inextricably to the short-term conditions set forth in the NRC's August'9, 1979 order: f I
(1) Is it safe and prudent to authorize restart of Unit 1 while Unit 2 remains uncleansed and there are no assurances that Unit 2 will be decontaminated in the near future?; and (2) Is it safe and prudent to authorize restart of Unit 1 at a time when there are no assurances of sufficient funding for Unit 2 cleanup or of the financial capability of the licensee to operate Unit 1 while carrying out a decontamination program at Unit 27 These concerns have not been resolved because there is an impasse in funding the cleanup of TMI-2, caused by the failure of the American electric utility industry to come forward with any funding for the cleanup. The fact that this country's electric utility industry has caused this funding impasse is ironic, since the industry would benefit from the cleanup of Unit 2, and since the industry's trade association, the Edison Electric Institute ("EEI"), promised in September 1981 to contribute $192 million as part of the plan put forward by !
~
Governor Thornburgh to share the costs of cleaning up TMI-2.
Since 1981, every other participant in the Governor's Cost-Sharing Plan - the Commonwealth of P'ennsylvania, the State of New Jersey, the ratepayers of General Public Utilities Corporation ("GPU"), the-United States Government, and GPU's insurance carriers - have contributed to the cleanup. Even the Japanese utility industry responded to the cost-sharing effort by pledging $18 million in contributions. Yet our electric utility industry has not delivered even a portion of its commitment to the cleanup.
t The failure of EEI to come forward with cleanup funds has jeopardized the future of the cleanup of TMI-2, including the core removal. Already, the cleanup has been delayed and the original six year cleanup plan has been extended. Without i
adequate funding for the cleanup of TMI-2, it is inconceivable that Unit 1 can be safely operated u'nder the terms of the l
t c
1 Commission's August 9 order. The demonstrated inability to i i
move forward with the cleanup, even without the added burden of [
f- operation of TMI-1, calls into serious question the managerial i
i resources of the licensee. The licensee's capabilities and -
resources will be strained even more if Unit 1 is allowed to restart while TMI-2 remains in its unsafe and unstable condi-i tion without assurance of funding for the cleanup. ,
- - i i
The Commission itself, in past public statements, has j
).
forcefully acknowledged the safety problems posed by the ;
, contaminated facility at TMI-2. In March, 1982, the Commission !
- advised the Chairman of the Senate Subcommittee on Nuclear I. Regulation by letter that "the potential for slow degradation-i of containment integrity-and equipment capability plus the
- increasing concern for an unexpected release of radioactive
material" argued.for a more aggressive and expeditious TMI-2 cleanup program. The Commission has also raised the issue of ;
the increased possibility of accidents involving. radiation f
l leakage and subsequent exposure to workers and the public as TMI-2 equipment' deteriorates. The possibility of these events raises questions about the ability of the licensee to keep Unit ;
2 in a safe configuration - an assumption basic to the !
t
? .
j "short-term" condition in paragraph 6 of the Commission's 1979 i
l - order. !
l' !
i l
- The Commission's 1979 order also requires the licensee to !
l demonstrate financial qualifications to the extent relevant to l t l .
e e e- g.~ ,--,- -,,s w-,.wwe,v_,,,-yrum,,. w-w,,,,- m.,..mw,- --,,--,, con >,n- ww,,,m,>,,,,-w---,+,-- ~ --w-wmvmp w - --~e.
its ability to operate TMI-l safely. In earlier Commission guidance, the Commission specified that the issue of the
. licensee's financial resources to operate Unit 1 while cleaning up Unit 2 was a management competence issue. Harold Denton, the Director of the Commission's Office of Nuclear Reactor Regulation, testified recently that a shortfall of approximate-ly $200 million in firmly committed funding exists for the cleanup'of TMI-2 for calendar year 1985 and beyond. This sho~rtfall amounts to nearly 45% of the remaining cleanup costs.1 This shortfall and resulting delays in the cleanup are certain to affect the financial capability of the licensee to operate TMI-1.
In summary, safety concerns 6 and 7, set forth in the Commission's 1979 order as short-term conditions, have not been satisfied because of the impasse in funding the cleanup of TMI-2 precipitated by EEI's failure to come forward with its share of the cleanup funding. Unless and until these concerns are resolved by removal of the funding impasse, a decision on the restart of TMI-1 would not be consistent with the Com-mission's own 1979 orders and would not serve the public health and safety.
1 Testimony of Harold R. Denton before the Subcommittee on Energy Research and Production, Committee on Science and Technology, United States House of Representatives, May 22, r
1984.
l U
For these and additional reasons to be detailed in addi-tional filings, the Commonwealth of Pennsylvania opposes any plan by the Commission to vote to authorize restart of Unit 1 at this time, and requests that the Commission postpone any vote to authorize restart until resolution of these short-term conditions set forth on page 7 of the August 9, 1979 order of the Commission.
Respectfully submitted, FOR THE COMMONWEALTH OF PENNSYLVANIA MAXINE WOELFLING,
- F Assistant Counsel Awt M .' "
THOMAS Y. AU, '
Assistant Counsel Department of Environmental Resources Commonwealth of Pennsylvania 514 Executive House, P.O. Box 2357 Harrisburg, Pennsylvania 17120 (717) 787-7060 OF COUNSEL:
THOMAS D. REES, Deputy General Counsel Office of General Counsel Commonwealth of Pennsylvania P. O. Box 1128 Harrisburg, Pennsylvania 17108 (717) 783-6563 DATED: June 15, 1984 b
WITED STATES OF AMERICA 000KErgp' IUCIEAR REGUIMORY C0f4ISSIm USNac BEFORE DE COMSSIm '84 JUN 18 P3:17 reru : .c u ..
In the Matter of 00CifTiNG'd $frYd,',
3 RANCH ETROPOLITAN EDISm CmPANY, :
- Docket No. 50-289 (Three Mile Island Nuclear : (Restart)
Station, thit No.1) :
, Ct.KimCAIE OF SERVIG On this /dd day of June,1984, I certify that copies of the Conmanwealth of Pennsylvania's Initial c-ts on the Candssion's Order Dated Jtne 1,1984, are being sent to the perscus on the attached Service List by first class mail, postage prepaid.
W ~ W@Ey MAxmE WOEIR20 &
i
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i i
i l
UNITED STATES OF AMERICA NUCEAR REGULATORY C@HISSION BEFORE TIE COMISSION In the Matter of:
METROPOLITAN EDISCN COPANY,' )
) Docket No. 50-289
- (Three Mile Island Nuclear ) (Restart)
Station, Unit No. 1) )
SERVICE LIST Ivan W. Smith,' Esquire, Chairman Ms. Marjorie M. Aamodt Atomic Safety and Licensing Board Panel R.D. #5
.U.S. Ibclear Regulatory Comnission Coatesville, Pennsylvania 19320 Washington, D.C. 20555 ANGRY /1MI PIRC Sheldon J.:Wolfe 1037 Maclay Street-Atomic Safety and Licensing Board Panel Harrisburg, Pennsylvania 17103 U.S. Nuclear Regulatory Comnission Washington, D.C. 20555 Dr. Chauncey Kepford &' Judith Johnsrud Envimmai:ntal Coalition on Nuclear Power Gustave A. Linenberger, Jr. 433 Orlando Avenue i Atomic Safety and Licensing Board Panel State Ogilege, Pennsylvania 16801 U.S. Ibclear Regulatory Commission h shington, D.C. 20555 Mr. Steven C. Sholly Union of Concerned Scientists
! George F. Trowbridge, Esquire 1346 Connecticut Avenue, N.W.
Shaw, Pittznan, Potts & Trowbridge Dupont Circle Building, Suite 1101 i 1800 M Street, N.W. Washington,- D.C. 20036 l- hshington, D.C. 20006 Ms. Louise Bradford Joseph R. Gray .
1MI Alert Office of the Executive Imgal Director 1011 Green Street L U.S. Ibclear Regulatory Comnission Harrisburg, Pennsylvania 17102 l h shington, D.C. 20555 John A. Imvin, Esquire
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L Ellyn R. W iss Assistant Counsel Harmon, Weiss & Jordan Pennsylvania Public Utility Comnission 20001 S Street, N.W., Suite 430 P.O. Box 3265 Washington, D.C. 20009 Harrisburg,. Pennsylvania 17120 Karin P. Sheldon, Esquire (PAIE) Jordan D. Gunninghan, Esquire ILu m n & Weiss Attorney for Newberry Township 1725 Eye Street, N.W., Suite 506 T.M.I. Steering Comnittee
<. Washington,-D.C. 20006 2320 North Second Street j Harrisburg, Pennsylvania 17110
- Henry D. Hukill, Vice-President l GPU Nuclear Corporation Michael F. McBride, Esquire
- P.O. Box 480 ImBoeuf, Ianb, leiby & MacRae l Middletown, Pennsylvania 17057 133 New Hagshire Ave. , N. W. Suite 1100 l Washington, D. C. 20036 l-i t
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David E. Cole Smith & Smith, P.C.
2931 N.. Front St.
Harrisburg, Pennsylvania 17110 Michael W. Maupin, Esquire Hunton & Williams 707 East Main Street
' . P.O. Box 1535 Richnond, Virginia 23212
. John Clewett h Christic Institute 1324 North Capitol Street Washington, D. C. 20002 P
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