ML19210C294
| ML19210C294 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/24/1979 |
| From: | Mulkey M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7911140041 | |
| Download: ML19210C294 (5) | |
Text
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NRC PUBLIC DOCUMENT ROOM
't UNITED STATES OF AMERICA 10/24/79 NUCLEAR REGULATORY COMNISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
,b (OP 9/p:\\Y In the Matter of
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METROPOLITAN EDIS0N COMPANY,
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NRC STAFF RESPONSE TO OCTOBER 5, 1979 ANGRY MOTION INTRODUCTION On October 5,1979, the Anti-Nuclear Group Representing York filed a Motion which contains three requests:
(1) that the Board certify to the Comis-sion "the question of the appropriateness of financial assistance to all in-tervenors regardless of the issues they may seek to raise";
(2) that the Board issue a " compulsive and explicit Order defining the parameters of the present proceedings", including the question of whether the Board has the autbo-ity to make findings regarding whether the Operating License for this facility should be revoked; and (3) that the Board grant relief from the
" numerical filing requirements of 10 C.F.R. 52.708(d)".
For the reasons stated herein, we oppose the first request, argue that the second request is, in part, unnecessary and, in part, inadequately supported, and note that the third request has, in effect, been granted by the Board's Order of October 15, 1979. We explain our reasoning below.
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ARGUMENT In denying several requests that the Board grant or require an investigation into the granting of funding for participants on all issues in this proceed-ing, the Board cited the Commission's " Statement of Considerations Terminating Rulemaking" determining not to undertake an intervenor funding program (CLI-76-23; 4 NRC 494, 504-06) and observed that the Cormission's express identification of the possible future consideration of such funding on issues of psychological distress indicates a decision not to consider general finan-cial assistance to intervenors.
Board Memorandum and Order, October 15, 1979, p. 7.
This reasoning also supports a decision not to certify the ques-tion to the Commission now, since it raises a question already addressed by the Commission, both as a general policy matter and in the context of fashion-ing its Order and Notice of Hearing (August 9,1979) in this proceeding.
Accordingly, ANGRY's request should be denied.
ANGRY's second request relates to the scope of the proceeding.
Insofar as it is a request for an Order " defining the parameterc of the present pro-ceedings", we expect that the Board will, in due course, issue such an Order.
ANGRY apparently believes that such a Board Order should address the question of whether the Board's jurisdiction in this proceeding extends to the authority to make findings, pursuant to 10 C.F.R. 550.100, whether the Operating License for Unit i should be revoked.
If ANGRY wishes to argue that this issue is within the scope of this proceeding, it has the burden of " stating with par-ticularity the grounds" for any motion (or contention) regarding this issue.
10 C.t.R. 52.714(b) and 62.730(b).
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. The Board's ruling on a request by CEA similar to ANGRY's request for exemp-tion from the numerical filing requirements of 10 C.F.R. 52.708(d) provides that the Board will " explore means by which a reliable and affordable system of duplication of papers, filing, and other connunication methods can be established" Memorandum and Order of October 15, 1979 at 8.
Discussion of this matter at the special prehearing conference appears to be designed to provide means whereby the exemption ANGRY seeks may be effectively granted.
CONCLUSION For.he foregoing reasons, we argue that none of the requests contained in the Motion filed by ANGRY on October 5,1979 warrant any additional action by the Board at this time.
Respectfully submitted,
)(chu Marcia E. Mulkey Counsel for NRC Staff Dated at Bethesda, Maryland this 24th day of October, 1979.
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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDISON COMPANY, Docket No. 50-289 ET AL.
(Three Mile Island, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO OCTOBER 5,1979 ANGRY MOTION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commissic;1's internal mail system, this 24th day of October,1979.
- Ivan W. Smith, Esq.
ElgnWeiss,Esq.
U.S. Nuclear Regulatory Comm;ission Q25
$tr Atomic Safety & Licensing
-d Panel Suite 506 Washington, D. C.
20555 WashirJton, D.C.
20006 Dr. Walter H. Jordan Mr. Steven C. Sholly 881 W. Outer Drive 304 South Market Street Oak Ridge, Tennessee 37830 Mechanicsburg, Pennsylvania 17055 Dr. Linda W. Little 5000 Hermitage Drive Mr. Thomas Gerusky Raleigh, North Carolina 27612 Bureau of Radiation Protection Department of Environmental Resources George F. Trowbridge, Esq.
P.O. Box 2063 Shaw, Pittman, Fotts & Trowbridge Harrisburg, Pennsylvania 17120 1800 M Street, N.W.
Washington, D. C.
20006 Mr. Marvin I. Lewis 6504 Bradford Terrace Karin W. Carter, Esq.
Philadelphia, Pennsylvania 19149 505 Executive House P. O. Box 2357 Metropolitan Edison Company Harrisburg, Pennsylvania 17120 Attn:
J. G. Herbein, Vice President P.O. Box 542 Honorable Mark Cohen 512 E-3 Main Capital Building Ms. Jane Lee Harrisburg, Pennsylvania 17120 R.D. 3; Box 3521 Etters, Pennsylvania 17319 l
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L Walter W. Cohen, Consumer Advocate Holly S. Keck Department of Justice Anti-Nuclear Group Representing Strawberry Square,14th Floor York Harrisburg, Pennsylvania 17127 245 W. Philadelphia Street York, Pennsylvania 17404 Robert L. Knupp Esq.
Assistant Solicitor John Levin, Esq.
Knupp and Andrews Pennsylvania Public Utilities Com.
P.O. Box P Box 3265 407 N. Front Street Harrisburg, Pennsylvania 17120 Harrisburg, Pennsylvania 17108 Jordan D. Cunningham, Esq.
John E. Minnich, Chairman Fox, Farr and Cunningham Dauphin Co. Board of Comissioners 2320 North 2nd Street Dauphin County Courthouse Harrisburg, Pennsylvania 17110 Front and Market Sts.
Harrisburg, Pennsylvania.17101 Theodore A. Adler, esq.
Atomic Safety and Licensing Appeal Board Widoff Reager Selkowitz & Adler Post Office Box 1547 U.S. Nuclear Regulatory Comission Harrisburg, Pennsylvania 17105 Washington, D. C.
20555 s M jorie M. Aamodt Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Coatesville, Pennsylvania 19320 Docketing and Service Section U.S. Nuclear Regulatory Commission Ms. Karen Sheldon Washington, D. C.
20555 Sheldon, Harmon, Roisman & Weiss 1725 I Street, N. W.
Robert Q. Pollard Suite 506 Chesapeak Energy Alliance Washington, D. C.
20006
' 609 Montpelier Street Baltimore, Maryland 21218 Earl B. Hoffman Dauphin County-Comissioner Chauncey Kepford Dauphin County Courthouse Judith H. Johnsrud Front and Market Streets Environmental Coalition on Nuclear Power Harrisburg, Fennsylvania 17101 433 Orlando Avenue State College, Pennsylvania 16801 Ms. Frieda Berryhill, Chairman Coalition for Nuclear Power Plant Postponement 2610 Grendon Drive
[ ~)3 Wilmington, Delawra e 19808 D LaA cut,L
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Marcia E. Mulkey Counsel for NRC Staff i
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