ML19211D184
| ML19211D184 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/09/1980 |
| From: | Jordan W PEOPLE AGAINST NUCLEAR ENERGY, SHELDON, HARMON & WEISS |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8001170003 | |
| Download: ML19211D184 (4) | |
Text
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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METROPOLITAN EDISON
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Docket No. 50-289 COMPANY, _e_t _a_l.,
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(Restart)
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(Three Mile Island
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Nuclear Station, Unit
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No. 1)
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PANE RESPONSE TO LICENSEE COUNTER-MOTION CONCERNING PSYCHOLOGICAL DISTRESS DISCOVERY In a filing dated January 4, 1980, Licensee responded to PANE's motion of December 28, 1979, concerning the need to assure adequate time for discovery on psychological dis-tress issues after those issues are admitted to the hearing.
Licensee urged that discovery run for 60 days from the date of the Board's decision if the Board recom-mends that psychological distress issues be admitted or for 30 days from the Commission's decision if the Board rules against PANE, and the Commission then a& nits the issues.
PANE recognizes not only the Licensee's, but the Board's and the Commission's desire to avoid unnecessary delay of this proceeding.
For that reason, PANE accepts Licensee's suggestion that discovery run for 60 days from a Board deci-sion or recommendation favorable to PANE.
Although the Com-mission could conceivably reverse or refuse to accept the
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- Board's position, thereby nullifying PANE's investment in discovery, PANE views Licensee's suggestion as a reasonable compromise.
PANE must object, however, to the suggestion that its discovery rights should be limited to thirty days if the psychological distress contentions are admitted by the Com-mission after a contrary recommendation by the Board.
This is both unfair and ill-advised, particularly in view of the character of the psychological distress contentions.
The Board has allowed a 60 day period for discovery on the other contentions, most of which involve the types of technical issues that are often considered in these proceedings. By contrast, psychological distress is new and unique to this forum.
For that reason alone, the Board needs to allow at least as much discovery as it has for issues with which it and the Commission are familiar.
This is essential to assure that the best possible case can be presented by the parties in this case of first impression.
In addition, PANE forsees substantial discovery by all concerned if the psychological distress contentions are admitted.
Certainly if other litigation involving allega-tions of psychological distress to large numbers of people is any indication, we can expect extensive discovery requests by the Licensee which will require a substantial time commit-ment by PANE and its witnesses.
Given its lim'ited resources, PANE will be.hard pressed both to conduct and respond to dis-1761 232
. covery simultaneously.
Indeed, any party would have diffi-culty completing discovery on psychological distress even within the 60-day period allowed for each of the other issues.
For thise reasons, PANE objects to any effort to limit discovery on psychological distress contentions to less than 60 days from the first favorable ruling by either the Board or the Commission.
Respectfully submitted,
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William S.
Jordan, III SHELDON, HARMON & WEISS 1725 "I"
- Street, N.W.,
Suite 506 Washington, D.C.
20006 Counsel for PANE Dated:
January 9, 1980 Ti P'
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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METROPOLITAN EDISON
)
Docket No. 50-289 COMPANY, _e _t _a _l.,
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(Restart)
)
(Three Mile Island
)
Nuclear Station, Unit
)
No. 1)
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)
CERTIFICATE OF SERVICE I hereby certify that a copy of the attached " PANE Response To Licensee Counter-Motion Concerning Psychological Distress Discovery," was mailed postage prepaid this 9th day of January, 1980, to the following:
Secretary of the Commission ATTN:
Chief, Docketing and Service Section U.S. Nuclear Regulatory Commission
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Washington, D.C.
20555
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Ny Vg Ivan W.
Smith, Esquire
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Atomic Safety & Licensing Board Panel: 'l
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Nuclear Regulatory Commission 3 ';9 3
Washington, D.C.
20555
,., s p,q Dr. Walter H.
Jordan
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881 W. Outer Drive N
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Dr. Linda W.
Little 5000 Hermitage Drive Raleigh, North Carolina 27612 George F.
Trowbridge, Esquire Shaw, Pittman, Potts & Trowbridge 1800 "M" Street, N.W.
Washington, D.C.
20006 James Tourtellotte, Esquire Office of the Executive Legal Director U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
.74 William S. Jordan, III}}