ML20126C911

Requests Public Hearing to Evaluate Proposed Tech Specs,App a to License DPR-73,NUREG-0432.Will Determine Whether Tech Specs Are Sufficient to Protect Public Health & Safety for Duration of Cleanup Operations.Certificate of Svc Encl

ML20126C911
Person / Time
Site:	Three Mile Island
Issue date:	03/15/1980
From:	Johnsrud J Environmental Coalition on Nuclear Power
To:	NRC COMMISSION (OCM)
Shared Package
ML20126C914	List: ML20126C911 ML20126C917 ML20126C920
References
NUDOCS 8004140061
Download: ML20126C911 (4)

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ENVIRONMENTAL COALITION ON NUCLEAR POWER 1 Co Owostees; Mr. George Boomsme-R.D. et, Peach Bottom, Pe. 17563 717 549 2836 Dr. Judith John rud-433 Orlando Avenue, State CoHege, Pe. 16801 814- 3000 N

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'b UNITED STATES OF AMERICA 3ecxc7to ,

NUCLEAR REGULATORY C0tHISSION ,

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In the Matter of  %

office of the Seastut oocke6C Same Metropolitan Edison Company, et al. Docket 50-320 License Modification 6 g

(Three Mile Island, Unit 2) co a

Request for Hearing Pursuant to 45 FR 11282-84 (dated. February 20,1980) and 10 CFR 2.714, The Environmental Coalition on Nuclear Power (ECNP) requests that a public hearing be held in order to evaluate and, 'if necessary, to alter the proposed Technical Specifications, Appendix. "A" 't'o License No. OPR-73, NUREG-0432.

Petitioners state that such a hearing is required to protect the public health and safety and to comply with the Atomic Energy Act and the National Environ-mental Policy Act in order to determine (1).whether the proposed Technical Specificationsl are necessary arid sufficient for the maintenance of the facility l to protect public and worker health and safety for the duration of clean-up operations at Three Mile Island Unit 2 (TMI-2); and (2) whether the provisions l of this Order would significantly affect the quality of the human environment.

un April 27 and May 16, 1979, the Environmental Coalition on Nuclear Power submitted two requests for hearing on this very issue of changes in the l

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Technical Specifications pertaining to the shift from Operational Mode to Recovery Mode for Three Mile Island Unit 2.2 ECNP hereby incorporates by reference those petitions to intervene and requests for hearing dated April 27 and May 16, 1979, as part of the present request for hearing.

Standing and interest of the Environmental Coalition on Nuclear Power and its members and member organizations in matters relating to Three Mile Island are cited therein and have previously 'been established by NRC's acceptance of I Referred to in Part V of 45 FR 11282-84, the February 11, 1980, Order of the Office of Nuclear Reactor Regulation, as " Attachment 1."

2They are " Request to the Director of Nuclear Reactor Regulation for Emergrincy Action by the Nuclear Regulatory Commission," dated April 27, 1979, and " Supple-mental Petition to the Director of Nuclear Reactor Regulation for Emergency Action "

dated May 16, 1979. The sole response received by the ECNP petitioners since is a copy of a July 6,1979, letter to J.G. Herbein Vice President, Metropolitan 8 0 0 4 1 4_0p ( _____________

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our petitions to intervene and by our members' active and ongoing partic'ipation  ;

in'0perating License proceedings for TMI Units 1 and 2, and TMI-1 Restirt pm-ceedings $ fore NRC Atomic Safety and Licensing and Appeal BoaId 1973 to the pmsent. Those earlier descriptions and specifications of ECNP's interest and standing are hereby incorporated by referen~ce, l The Environmental Coalition on Nuclear Power expects that the present petition, in combination with the two prior petitions bemin incorporated.'will )

be promptly acknowledged and responded to by the Comission. I The CCNP Petitioners lack adequate funding from personal or private sources.

to prepare and conduct the technical aspects of this pmceeding properly. The Comission, the President's Comission on the Three Mile Island Accident, the NRC's Special Investigative Group, and the Comptroller-General all ha ve agreed that public-interest participants 'in regu.latory agency licensing pme tedings- are i capable of making, and do make, a positive contribution to the qu'ality and.out-come of the proceed'ings. j The Court's decision in the. Peach Bottom case (York Comittee for a Safe Environment, et al. v. U.S. Nuclear Regulatory Comission, i l U.S. Court of Appeals, District of Colunbia Circuit, slip opinion,1975, rt.13), .

to which these Petitioners were ,also a party, states that it is unrealistic to expect public-interest litigants' to bear the expense of presenting a case of this type. The Atomic Safety and Licensing Board in the TMI-1 Restart (Revocation of License) proceeding has suggested to the Commission that there are intervenors

, and attorneys in that proceeding who have the skills to use intervenor funds effectively.

Particularly because of the technical nature of examination and evaluation of technical specifications to be applied during the experimental activities associated with the Recovery Mode for TMI-2, and because litigation of the issue of psychological stress on the population surmunding TMI has been recommended by the Board in the TMI-1 Restart, a full and extraordinarily careful public review of these pmposed changes in the TMI-2 license is required in the public interest. I The ECNP Petitioners therefom request financial assistance from the Nuglear Regulatory Comission to aid the intervenors' ability to obtain and use the best technical researchers and witnesses in order to make the maximum positive I

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Edison Company, signed by Hamid R. Denton, Director, Office of Nuclear Reactor Regulation, a copy of which is appended to the present petition.

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contribution to the outcome of the requested hearing.

Respectfully submitted,

/P W J.H. Johnsrud Co-Director Environmental Coalition on Nuclear Power 433 Orlando Avenue Dated this /b day State College, Pa. 16801

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814-237-3900 of March, 1980 l

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CERTIFICATE OF SERVICE l

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I hereby certify that copies of REQUEST FOR HEARING in the matter of Three Mile Island, Unit 2 License Modification have been served on the following, by deposit in the U.S. Mail, first class, postage paid, this [ day of March,1980.'

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J.H. Johnsrud Co-Director Environmental Coalition on Nuclear Power Office of the Secretary Attn: Docketing U.S. Nuclear Regulatory Connission and Service Branch Washington, D.C. 20555 Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 George F. Trowbridge, Esq.

Shaw, Potts, Pittman, and Trowbridge 1800 M Street NW

. Washington, D.C. 20555

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4' #o UNITED STATES

! ~ ,% NUCLEAR REGULATORY COMMISSION

.I meensaiose.o. c.neens 5

\,..... July 6, 1979 Docket No. 50-320 Mr. J. G. Herbein Vice President -

Metropolitan Edison Company P. O. Box 542

• Reading, Pennsylvania 19640 ..

Dear Mr. Herbein:

I enclose for your information copies of petitions filed by Dr. Chauncey Kepford on behalf of the Environmental Coalition on Nuclear Power which requests that the Director of Nuclear React r Regulation institute public hearings on issues concerning the ac nt at Three Mile Island, Unit No. 2, and grant other' relief.

The petitions are being treated under 10 CFR 2.206 of the Commission's regulations, and accordingly, appropriate' action will be taken on the petitions within a reasonable time. I also enclose for your infonnation a copy of the notice that will be filed for publication with the Office of the Federal Registar. ,

Sincerely, e%

Harold R. Denton, Director Office of Nuclear Rgactor Regulation Enclosurer:

1. Petition dated

,. 4/27/79 *

2. Petition dated 5/16/79

3. Notice cc w/ enclosures: '

See next page m= o -

7.7 oy7gom .

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Mr. J. G. Herbein .

July 6, 1979 cc w/ enclosures:

George F. Trowbridge, Esq.

• Shaw, Pittman, Potts & Trowbridge 1800 M Street, N. W.

Washington, D. C. 20036 Mr. I. R. Finfrock .

Jersey Central Power and Light Company Madison Avenue at Punch Bowl Road

, Morristown, New Jersey 07960 Mr. R. Conrad '

Pennsylvania Electric Company 1007 Broad Street Johnstown, Pennsylvania 15907 -

Chauncey R. Kepford, Esq. -

Chairman York Comittee for a Safe Environment 433 Orlando Drive State College, Pennsylvania 16801 Mr. Richard W. Heward Project Manager GPU Service Corporation 260 Cherry Hill Road Parsippany, New Jersey 07054 -

Mr. E. G. Wallace Licensing Manager .

GPU Service Corporation 260 Cherry Hill Road Parsippany, New Jersey 07054 .

Edward Luton, Esq., Chairman Atomic Safety and Licensing Board U. S. Nuclear Regulatory Comission Washington, D. C. 20555 Mr. Gustave A. Linenberger l Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 .

Dr. Ernest O. Salo Professor, Fisheries Research l Institute, WH-10 -

i College of Fisheries University of Washington Seattle, Washington 98195

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Mr. J. G. Herbein -

July 6, 1979 cc w/ enclosures (cont'd):

• Alan S. Rosenthal Esq., Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Cammission Washington, D. C. 20555 Dr. W. Reed Johnsod, Member >

Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission ~

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Washington, D.- C. 20555 Jerome S. Sharfman, Esq., Menter Atomic Safety and Licensing Appeal Board .

U.S. Nuclear Regulatory Commission .

' Washington, D. C. 20555 e Mr. Weldon B. Arehart, Chairman:

Board of Supervisors Londonderry Township RFD #1, Geyers Church Road Middletown, Pennsylvania 17057 ,

Mr. Harry B. Reese, Jr., Chairman.

Board of County Commissioners

• of Dauphin County-Dauphin County Courthouse P. O. Box 1295 ~ ~

Harrisburg, Pennsylvania 17120 U.S. Environmental Protection Agency Region III Office ,

Attn: EIS Coordinator -

Curtis Building ,

6th and Walnut Streets r Philadephia, Pennsylvania 19106; ,

Director, Office of Radiological Health Department of Environmental Resources P. O. Box ?O63 Harrisburg, Pennsylvania 17105

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