ML20209A581

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Unopposed Motion of the Commonwealth of Pennsylvania, Dept of Environmental Protection for Leave to Request That the U.S. NRC Not Rule on Its Petition for Leave to Intervene
ML20209A581
Person / Time
Site: Three Mile Island Constellation icon.png
Issue date: 07/27/2020
From: Duke A
State of PA, Dept of Environmental Protection
To:
NRC/SECY
SECY RAS
References
50-320 LT, General Proceeding, RAS 55740
Download: ML20209A581 (4)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE SECRETARY

)

In the Matter of )

)

THREE MILE ISLAND NUCLEAR )

STATION, UNIT NO. 2; )

CONSIDERATION OF APPROVAL OF ) Docket No. 50-320 LT TRANSFER OF LICENSE AND )

CONFORMING AMENDMENT )

)

UNOPPOSED MOTION OF THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR LEAVE TO REQUEST THAT THE U.S.

NUCLEAR REGULATORY COMMISSION NOT RULE ON ITS PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR AN EXTENSION OF TIME TO FILE A HEARING REQUEST UNTIL AFTER AUGUST 10, 2020 Pursuant to 10 C.F.R. § 2.323, the Commonwealth of Pennsylvania, Department of Environmental Protection (Department or DEP) files this motion to respectfully request that the U.S. Nuclear Regulatory Commission (NRC or Commission) does not rule on its Petition to Request an Extension of Time to File a Hearing Request (Petition) in this matter on or before August 10, 2020.

On April 15, 2020, the Department filed a Petition for Leave to Intervene and Request for an Extension of Time to File a Hearing Request in this matter before the NRC on the sole issue of whether TMI-2 Solutions had met the required financial qualifications to decommission the site. In its petition for an extension the Department explained that its offices were physically closed due to COVID-19 in March and it needed an extension to allow time for it to retain a financial consultant to review the application material and have discussions

with GPU Nuclear, Inc. (GPU Nuclear), Metropolitan Edison Company, Jersey Central Power & Light Company, and Pennsylvania Electric Company (collectively referred to as the FirstEnergy Companies) and TMI-2 Solutions, LLC (TMI-2 Solutions) (collectively, Applicants) to determine whether the Applicants met the requirements that there were sufficient funds to complete decommissioning.

On May 11, 2020, Applicants filed an answer opposing the Departments Petition.

On May 18, 2020, the Department filed a reply to Applicants answer and amended its initial Petition by proposing to request a hearing if it remains necessary by no later than August 3, 2020.

On May 26, 2020, Applicants filed an answer opposing the Departments amended request for an extension of time.

Also, on April 15, 2020, Eric Joseph Epstein and Three Mile Island Alert, Inc. filed a Petition for Leave to Intervene and Hearing Request in this matter.

The Department has had discussions with Applicants concerning its contention and is currently in the process of evaluating whether its concerns have been fully addressed. The Department anticipates that it will be able to determine if it can withdraw its Petition by August 10, 2020.

Pursuant to 10 C.F.R. § 2.323(b) the Department has contacted counsel for the Applicants and Mr. Epstein to discuss this motion. Both parties have stated that they do not oppose the Departments request that the Commission does not rule on its Petition until after August 10, 2020.

2

Respectfully submitted, Commonwealth of Pennsylvania Department of Environmental Protection By its attorney, Signed (electronically) by Alicia R. Duke Assistant Counsel PA ID No. 209672 Southcentral Regional Office 909 Elmerton Avenue, Third Floor Harrisburg, PA 17110-8200 Telephone (717) 787-8790 Fax (717) 772-2400 Email: alduke@pa.gov Dated: July 27, 2020 3

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE SECRETARY

)

In the Matter of )

)

THREE MILE ISLAND NUCLEAR )

STATION, UNIT NO. 2; )

CONSIDERATION OF APPROVAL OF ) Docket No. 50-320 LT TRANSFER OF LICENSE AND )

CONFORMING AMENDMENT )

)

CERTIFICATION OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that copies of the Commonwealth of Pennsylvania, Department of Environmental Protections Unopposed Motion for Leave to Request That the U.S. Nuclear Regulatory Commission Not Rule on its Petition for Leave to Intervene and Request for an Extension to File a Hearing Request Until After August 10, 2020 has been served upon the Electronic Information Exchange, the NRCs e-filing system, in the above-captioned proceeding this 27th day of July 2020.

Signed (electronically) by Alicia R. Duke Assistant Counsel PA ID No. 209672 Southcentral Regional Office 909 Elmerton Avenue, Third Floor Harrisburg, PA 17110-8200 Telephone (717) 787-8790 Fax (717) 772-2400 Email: alduke@pa.gov Dated: July 27, 2020 4