ML20247E419

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Advises That If Injunction Not granted,EPICOR-II Sys Would Not Be Put in Operation 791019 & Commission Would Not Voluntarily Stay Operation of Sys for More than 1 Day,Per 791018 Arguments
ML20247E419
Person / Time
Site: Three Mile Island Constellation icon.png
Issue date: 10/19/1979
From: Eilperin S
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To: Quinn T
U.S. COURT OF APPEALS, 3RD CIRCUIT
Shared Package
ML20244B007 List:
References
FOIA-89-88 NUDOCS 8904030079
Download: ML20247E419 (1)


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LAHUS AND NATURAL RES0gacis DIVISION .

Thomas F. Quinn; MtNF O' #5 3 United F:ates Court of-Appeals ,

For the Third Circuit  !

1 21400 United States Courthouse j Independence Mall West 1 601 Market Street  !

Philadelphia, Pa. 19106

'i Re: Susquehanna Valley Alliance, et al. v. Three- )

f Mile Island Nuclear Reactor, et al., No. 79-2446 l

Dear Mr. Quinn:

y i f At oral argument October 18 on the motion for an injunction pending appeal in this case, I advised the Court that if an injunction were not granted the EPICOR-II system would be put in operation October 19, and that the Commission would not voluntarily stay operation of the system for more than another day. My representation as to when EPICOR-II would be turned on was based on information given me just prior to the argument by the Commission's technical staff in charge of the Three Mils Island Unit 2 clean up operation. It was accurate at that time.

I now understand that although EPICOR-II is considered ready i to operate, operation is only planned to begin Monday, October 22. The licensee, Metropolitan Edison, asked that it be allowed to complete minor " punch list" items, the final, frills on the system, and to begin operations at the beginning of the week when it and the NRC have a full complement of technical staff on the site. The Commission staff has agreed to this approach.

I would appreciate your distributing this letter to Chief ,

Judge Seitz, and Circuit Judges Garth and Sloviter. Thank you for your prompt attention to this request.

Sincerely, 1-Stephen F. Eilperir. Mi-/ iC h s-( '

Solicitor MFAmiUT OF Jumat 3 i E' '

cc: Larr B. Selkowitz, Esq. $

Fox frowbridge, Esq. y, _ ,

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