ML19211D186

Exceptions to First Special Prehearing Conference Order. Requests Reinstatement of Contention 4 Re Threats to Plant Security.Certificate of Svc Encl

ML19211D186
Person / Time
Site:	Three Mile Island
Issue date:	12/26/1979
From:	Adler T THREE MILE ISLAND ALERT, WIDOFF, REAGER, SELKOWITZ & ADLER
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8001170006
Download: ML19211D186 (4)

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Y; M 'E-tt-UNITED STATES OF AMERICA f%f.S # ..

NUCLEAR REGULATORY COMMISSION 7 , f,"

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD TO: Ivan W. Smith, Chairman Dr. Walter H. Jordan Dr. Linda W. Little In the Matter cf )

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METROPOLITAN EDISON COMPANY ) Docket No . 50-289

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(Three Mile Island Nuclear )

Station, Unit No.1) ) 3, EXCEPTIONS OF TMIA, INC. "

TO FIRST SPECIAL PREHEARING .;

CONFERENCE ORDER TVIA, Inc., by its attorneys, Widoff, Reager, Selkowit:: & Adler, P.C .,

files the following exceptiens to the Board's First Special Prehearing Conference Order.

1. The Beard Order referred to herein rejects TMIA Contentien No. 4 for the ostensible reascn that it is without basis.

2. The assumptions inherent in the contention, and which are noted in ne pcard's Order, provide the necessary basis by which this Contention may be considered.

3. This Board admits, in its Order, that a group cf defnenstratcrs might very well seek to invade Three Mile Island if TMI-lis reopened. This 8001170 ON 1761 259

proceeding, in accordance with the Commission's Order cf August 9,1979, must consider whether the Licensee will be able to deal with this contingency in a safe and thorough nanner.

4. This Board further states that " settled and traditione ic*. rnmental assistance" will protect the plant. This statement has no bas's. In fact, it is contended that there is presently no coordinated law enforcement plan involving Federal, State and local law enforcement agencies to deal with such threats to security.

5. In its Order, this Board states that TMIA, Inc. assumes that TMI-1 would not be shut down safely in the event cf a breach of security, but, the Board continues, TMIA, Inc. provides no basis for that assumption. To the contrary, the Co itention seeks to present evidence that TMI-1 could very well experience a difficult and ursafe shutdown in the event cf widespread civil disruption. Furthermore, Licensee must demonstrate that there is a coordinated plan to protect the Island that takes into account the very unusual and dangerous situation presently existing at Three Mile Island. Assurances by the Licensee that it will comp,ly with all necessary security requirements imposed by the Commission without any public

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discussion cf the problems inherent in such plans is not consistent with accepted concepts of administrative law nor with the intent cf the Commission's Order of August 9,1979.

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WHEREFORE, TMIA, Inc., takes exception to this Board's Order rejecting Contention No. 4, and hereby requests a reinstatement cf that Contention for the reasons set forth herein.

Respectfully submitted, WIDOFF, RE GER, L ' WITZ & ADLER, F .C .

By: d

/ Theodore A. Adler Dated: Decembcc 26, 1979 _

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1761 241 CERTIFICATE OF SERVICE I do hereby certify that I served a true and correct copy cf the foregoing document on the below listed parties by first-class mailing:

Ivan W. Smith, Esquire Atomic Safety & Licensing Scard Panel U .S . Nuclear Regulatory Commission Washington, DC 20555 N

Dr. Walter H. Jordan f

~II'M p 881 West Outer Drive y Oak Ridge, TN 37830 // 0 y

~ $ g@g% gl4, -1 Dr. Linda W. Little 5000 Hermitage Drive Raleigh, NC 27612 y

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George F . Trowbridge, Esquire Shaw, Pittman, Potts & Trowbridge e , ~

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1800 M Street, N.W.

Washington, DC 20006 Docketing and Service Section U .S . Nuclear Regulatory Commission Washington, DC 20555 Executive Legal Director U .S. Nuclear Regulatory Ccmmission Washington, DC 20555 l

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Theodore A . Adler Dated: December 26, 1979 f761 242