ML19210B485
| ML19210B485 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/13/1973 |
| From: | Haskins C Atomic Safety and Licensing Board Panel |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7911080713 | |
| Download: ML19210B485 (7) | |
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.-;-n UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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METROPOLITAN EDISON COMPANY,
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(Three Mile Island Nuclear
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Station, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of ORDER dated September 13, 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 13th day of September 1973.
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bl Office (6ff the Secretiary of the Commi4sion
Attachment:
Service List cc:
Mr. Haskins Mr. Gallo ASLBP E. Gou1 bourne S. Sheppard Reg. Files ASLAB 1584 134 7911080 7/ ]
3 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION 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 A. 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 Larco 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.
Lhiversity of North Carolina Sager & Sager Associates Chapel Hill, North Carolina 27514 45 H16h Street Pottstown, Pennsylvania 19464 Max D. Paglin, Esq., Alternate Chairmen Douglas Baker, Esq.
Atomic Safety and Licensing Board Environmental Coalition on U. S. Atomic Energy Co=tission Nuclear Power Washington, D. C.
20545 1919 Sandy Hill Road Norristown, Pa.
19401 Mr. Ralph S. Decker Route 1, Box 190D Mics Mary V$gSouthard, 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 Secticn Wachington, D. C.
20006 State Library of Pennsylvania Education Building, Box 1601 Joseph Gallo, Esq.
Harrisburg, Pennsylvania 17126 r
Howard M. Wilchins, Esq.
Regulatory Staff Counsel U. S. Atomic Energy Cc::nission Washington, D. C.
20545 1584 135 k
,s UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDISON' COMPANY, Er AL.)
Docket 50-289
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(Three Mile Island Nuclear Station,)
Unit 1)
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ORDER (September 141973)
A prehearing conference in the above-entitled proceeding was held in Harrisburg, Pennsylvania on August 28, 1973, pursuant to notice issued on August 15,1973,AdndpublishedintheFederalRegister (38 Fed. Reg. 22251).
A list of " Revised Contentions" dated July 19, 1973, set forth in ten numbered paragraphs, had been submitted by the Intervenors.
These " contentions" were modified by 1/ ' Statement by Staff Counsel, in a Motion of even date, that Staff Counsel was not" consulted" bf" the Board prior to setting the date for the prehearing conference is inaccurate.
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the parties at the Prehearing Conference; and agreement was reached on the substance of the first nine paragraphs,2/
as-modified.
The Board must point out that the " contentions" are not phrased in the customary language of contentions and do not precisely accord with the requirements of 10 CFR Section 2.714.
However, inasmuch as all parties haveagreedtothewordingofthenineparagraphshthe Board is not disposed to rephrase them.
Hence the nine paragraphs will be accepted as issues in the case.
For convenience of reference, they may be summnrized as follows (the numbering accords with the numbers of Intervenors' paragraphs):
1.
Fuel densification (Ginna issue) 2.
Danger of jet aircraft crash into facility 3.
Protection of facility against sabotage; protectionagainstsabotagedurigy transportation of fuel and waste--
2/ The precise dimensions of the transportation issue are subject to further modifiestion in the light of comments by the Regulatory Staff anu other parties as to the Board's jurisdiction.
See Board Order of August 30, 1973.
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Evacuation and emergency plans Safe transportation of fuel and waste /
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Fog and icing problems of cooling towers 7.
Low level radiation; available (state of the art) radwaste systems 8.
Protection of facility against floods.
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Quality of concrete pouria;, including possible tendon bearing plate depression.
Paragraph No. 10 raises issues with respect to the completeness of the cost / benefit analyses.
The Board will rule on those issues in a subsequent order after receiving comments from the Regulatory Staff and other parties, as provided in the order of August 30, 1973.
At the Prehearing Conference the Regulatory Staff submitted a " Motion for Scheduling" dated August 28, 1973, which proposed commencing the evidentiary hearing the week of November 5, 1973.
The Staff alluded to certain issues which had not been " resolved to the satisfaction of the Regulatory Staff at this time,"
notably, " Contentions" 1, 4, 9 and 10.
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See footnote 2.
. The Board heard oral responses from the parties.
The Intervenors and the Commonwealth of Pennsylvania supported the Staff suggestion of.a. November date, while the Applicants urged starting the hearings toward the end of September.
Subsequently, in a written answer dated August 30, 1973, the Applicants proposed that the hearing start not later than the week of October 8, 1973.
The Board deems it desirable to go to hearing on those issues which are now ripe for trial.
Accordingly, the Board contemplated a hearing during the week of October 15, 1973 to. consider Issues 2, 3, 5, 6, 7 and 8; with a further hearing to be held later on Issues 1, 4 and 9; on so much of the cost / benefit analysis issue (Intervenors' Paragraph 10) as may be formulated by the Board; and on such.other matters as remain to be heard.
~However,theRegulatoryStafhrepresentsthattheonly October dates when it can appear are October 17-19_and October 23-26.
Counsel for the Intervenors advises that, by arrangement of six months standing, he has an engagement 1584 139.
outside the country those particular two weeks.
In light of the apparent inflexibility of the schedules of the Regulatory _ Staff and of the Intervenors, it appears impossible for the Board to comply with the request of the Applicants that the proceeding go to trial in October, as the Board itself would prefer.
Accordingly, the hearing will be scheduled to commence on November 5, 1973, the earliest date which seems to suit the convenience of all the parties.
Each party who sponsors a witness shall present written testimony to the Board and to the other parties ten days in advance of that phase of the hearing to which the testimony relates.
The precise dates and times for the hearings will be scheduled by further order of the Board.
It is so ordered.
FOR THE ATOMIC SAFETY AND LICENSING BOARD:
A& 4. bbb Charles A. Haskins, Chairman Issued at Washington, D.C.
this 12th day of September,1973.
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