ML19210B472
| ML19210B472 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/31/1973 |
| From: | Haskins C Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| RULE-PR-50-1, RULE-PR-50-2, RULE-PR-50-3, RULE-PR-50-4 NUDOCS 7911080698 | |
| Download: ML19210B472 (8) | |
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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METROPOLITAN EDISON COMPANY, ETAL)
Docket No. 50-289
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(Three Mile Island Nuclear
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Station, Units 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of ORDER dated May 31, 1973 in the captioned matter have been served per the attached Service List by deposit in the United States mail, first class or air mail, this 31st day of May 1973.
Office of'tfie Secretary of the Commissfi6n Attached: Service List cc:
Mr. Haskins Mr. Gallo ASLBP E. Coulbourne Reg. Files ASLAB 1565 343 1911080 6 98
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISS:JN In the Matter of
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METROPOLITAN EDISON COMPANY, ET AL.)
Docket No. 50-289
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(Three Mile Island Nuclear Station,)
Unit 1)
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SERVICE LIST Charles H. Haskins, Esq., Chairman Honorable Frank R. Clokey Atomic Safety and Licensing Board Special Assistant Attorney General Windy Hill Farm Commonwealth of Pennsylvania Bluemont, Virginia 22012 Department of Environmental Resources 219 Towne House Dr. M. Stanley Livingston Harrisburg, Pennsylvania 17105 1005 Calle Largo Santa Fe, New Mexico 87501 Herbert C. Goldstein, Esq.
133 State Street Dr. John R. Lyman Harrisburg, Pennsylvania 17101 Department of Environmental Sciences and Engineering Lawrence Sager, Esq.
Ubiversity of North Carolina Sager & Sager Associates Chapel Hill, North Carolina 27514 45 High Street Pottstown, Pennsylvania 19464 Max D. Paglin, Esq., Alternate Chairman Douglas Baker, Esq.
Atomic Safety and Licensing Board Environmental Coalition on U. S. Atomic Energy Cecnission Nuclear Power Washington, D. C.
20545 1919 Sandy Hill Road Norristown, Pa.
19401 Mr. Ralph S. Decker Route 1, Box 190D Miss Mary V. Southard, Chairman Cambridge, Maryland 21613 Citizens for a Safe Environment P. O. Box 405 George F. Trowbridge, Esq.
Harrisburg, Pennsylvania 17108 Jay E. Silberg, Esq.
Shaw, Pittman, Potts & Trowbridge Mr. A. Hunter Rineer 910 17th Street, N. W.
Government Publication Section Washington, D. C.
20006 State Library of Pennsylvania Education Building, Box 1601 Joseph Gallo, Esq.
Harrisburg, Pennsylvania 17126 Howard M. Wilchins, Esq.
Regulatory 3taff Counsel U. S. Atomic Energy Comission Washington, D. C.
20545 l}f} }44
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19, UNITED STATES OF AMERICA d
D0 ATOMIC ENERGY COMMISSION EC E
MAY 311973>
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MEIROPOLITAN ZDISON COMPANY,
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O JERSEY CENTRAL POWER & LIGHT COMPANY, and
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Docket No. 50-289
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PENNSYLVANIA ELECTRIC COMPANY
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(Three Mile Island Nuclear Station,
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Unit 1)
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ORDER (May 31, 1973)
Pursuant to notice, a Prehearing Conference in the above-entitled proceeding was held in Harrisburg, Pennsylvania, on May 24, 1973.
Present were counsel for the parties, namely, Metropolitan Edison Company, Jersey Central Power & Light Company and Pennsylvcnia Electric Company (Applicants); the Regulatory Staff; Citizens for a Safe Environment and Environmental CoaliIion on Nuclear Power (Joint Intervenors); and the Commonwealth of Pennsylvania participating as a state under 10 CFR j 2.715(c).
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The principal purpose of the Prehearing Conference, in the Board's view, was the simplification, clarification and specification of the issues.
In the Petition to Intervene of August 7,1972, as supplemented by the Addendum to Petition to Intervene of September 6, 1972, the Petitioners--now Joint Intervenors--had sought to raise 73 " contentions".
While this Board expressed its willingness to consider each one of these contentions seriatim at the Prehearing Conference, none of the parties desired to proceed in that fashion. !
ather the parties R
desired that an opportunity be afforded to the Joint Intervenors to clarify and reframe their contentions in the light of the disc ussion taking place at the Prehearing Conference.
1/ In its Notice of Prehearing Conference, the Board had adjured the parties to confer and to narrow, simplify and clarify the issues.
While the Board has been informed that the parties conferred on May 17, 1973, no revised statement of contentions was submitted.
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. There was filed with the Board, and permitted by the Board to be incorporated in the transcript, a two-page document entitled " Applicants' Request for Prehearing Conference Order," dated May 24, 1973, and signed by Applicants' counsel.
Said document requested rulings by the Board "on the allowability, in whole or in part, of Contentions a, f, g, and o of the Contentions 15 [second],
16, 17, 20 and 33."
The document also proposed a schedule for discovery and 'a further prehearing conference.
The Board now rules upon the foregoing.
Certain contentions are clearly outside the jurisdiction of this Atomic Safety and Licensing Board, specifically, those which seek to challenge Commission Regulations.
This Board.will brook no such challenge.
As clearly provided in
.s 10 CFR 52.758, with certain exceptions not here pertinent:
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"... any rule or regulation of the Commission, or any provision thereof, issued in its program for the licensing and regulation of production and utilization facilities, source material, special nuclear material or by product material, shall not be subject to attack by way of discovery, proof, argument, or other means in any adjudicatory proceeding invo ving initial licensing subject to this subpart."1 2/
It would also appear that most of the regulations challenged by the Joint Intervenors are already the subject of rule making hearings by the Commission, notably:
Emergency Core Cooling Systems Docket RH-50-1 Release of Radioactive Material
'in Light Water-Cooled Nuclear Power Reactor Effluents
("As Low As Practicable")
Docket RM-50-2 Environmental Effects of the Uranium Fuel Cycle Docket RM-50-3 Environmental Effects of Transportation of Fuel and Waste from Nuclear Power Reactors Docket Rt4-50-4
.J 1565 348
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. Accordingly, without ruling specifically on the allowability of Contentions a, f, g,15 [second],16 and 17,5/we hold that any contention which, in whole or in part, seeks to challenge a Commission regulation is disallowed; and the Joint Intervenors in reframing their contentions are directed to guide themselves accordingly.
The following schedule will govern the future course of this proceeding:
Requests for discovery are to be made on or before June 21, 1973 Responses to discovery shall be completed by July 5,1973 A revised statement of issues shall be filed by the Joint Intervenors on or before July 19, 1973.
1/ (The Joint Intervenors on the record withdrew conte'ntions o, 20 and 33.)
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.. The Board contemplates holding a second Prehearing Conference during the week of July 30, 1973.
It is so ordered.
FOR THE ATOMIC SAFETY AND LICENSING BOARD:
CM~Lo A. i Charles A. Haskins, Chairman
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Issued at Washington, D.C.
this. 31st day of May,1973.
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