ML19254F784

Response in Opposition to J Lee 791015 Amend to 790820 Intervention.Intervenors' Final Contentions Already Accepted & Accommodating J Lee Will Delay Proceeding.Limited Appearance May Be Granted.Certificate of Svc Encl

ML19254F784
Person / Time
Site:	Three Mile Island
Issue date:	10/31/1979
From:	Trowbridge G METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7911190020
Download: ML19254F784 (6)

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"C P7LIC DOCIDENT RG4M S,r/ .'-., ..

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UNITED STATES OF A'1 ERICA 4-

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NUCLEAR REGULATORY COMMISSION .s./  %

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BEFORE THE ATOMIC SAFETY AND LICENSING SOARD ,

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In the Matter of )

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METROPOLITAN EDISON COMPIJY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

LICENSEE'S RESPONSE TO "A!END!1ENT TO INTERVENTION" OF JANE LEE In an undated letter docketed by the Nuclear Regulatory Commission on August 20, 1979, Jane Lee sought permission "to par-ticipate in testifying at the TMI-l hearings tentatively scheduled for February 1, 1980." In particular, Ms. Lee requested time to submit " medical and environmental information garnered . . .over a three year period" to "the NRC Panel selected for the purpose of deciding the continued cperation of Unit 1 at TMI." In an August 30 filing in this proceeding, Metropolitan Edison Company

(" Licensee") noted that it understood Ms. Lee's letter to be a recuest to =ake a limited appearance pursuant to 10 C.F.R. 52.715(a),

and not a petition to intervene pursuant to 10 C F.R. 52. 714 (a) .

11:ensee further stated that it did not object to Ms. Lee's limited 2pp earance, either by oral or .eritten statement, with respect to ma ters ger- ane to this proceeding. Licensee served a copy of 1:s response to Ms. Lee's le :er upon her. I353 265 7 911190 OM G

In a document dated October 15 entitled " Amendment To Intervention," Ms. Lee requests that she be granted full intervener status in this proceeding. However, whatever interest might be presumed from the fact that her residence is within three miles of the plant site, her petition does not set forth anything resembling specific contentions.

Moreover, although Petitioner received a copy of the Board's September 18 Memorandum ~*/ in which the Board sets a tentative deadline of October 5 for submission of draft contentions to Licensee and NRC Staff, and a tentative deadline of October 22 for submission of final contentions to Licensee and the Staff, Petitioner has not attempted to comply with the Board's schedule. Licensee and the Staff have already met with other petitioners who have timely filed thei. contentions, and are this date submitting res-ponses to those petitioners' final contentions. Any attempt to accomodate this Petitioner as an intervener will only delay these proceedings, with acccmpanying inconvenience and

-*/

In the first paragraph of her Amendment To Inter-vention, Ms. Lee cites the Board's September 18 Memorandum. Li-censee does not know whether Ms. Lee received copies of additional Board memoranda and orders. Even if she did not, however, the September 18 Memorandum was sufficierit to require Ms. Lee to make further contact with the 3 card or with the Staff or Licensee if she desired full intervener status.

I353 266

expense to Licensee, the Staff, and the other petitioners.

Licensee still has no objection to :is. Lee's limited appearance, either by cral or written statement, with respect to matters germane to this proceeding.

Respectfully submitted, SHAW, PITTMAN, POTTS & TRCWBRIDGE By:su / 's Afdrs/ / J/ Ggorge 7. Troworldge Dated: October 31, 1979 1353 267

October 31, 1979 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY A'ID LICENSING BOARD In the Matter of )

                                           )

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

                                           )             (Restart)

(Three Mile Island Nuclear ) Station, Unit No. 1) )

                      , CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Response to ' Amendment To Intervention' of Jane Lee ," dated October 31, 1979, were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 31st day of October, 1979.
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swM / George F. Trowbridge Dated: October 31, 1979 1353 268

UNITED STATES CF AMERICA NUCLEAR REGULATCRY CC.9CSSION BEFORE THE ATCMIC SAFETY AND LICENSING BOARD Ia the Matter of )

                                         )

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

                                         )               (Restart)

(Three Mile Island Nuclear ) Station, Unit No. 1) ) SERVICE LIST Ivan W. Smith, Esquire Jchn A. Levin, Esquire Chairman Assistant Counsel Atomic Safety and Licensing Pennsylvania Public Utility Board Panel Commission U.S. Nuclear Regulatory P. O. Box 3265 Co==ission Harrisburg, Pennsylvania 17120 Washington, D.C. 20555 Karin W. Carter, Esquire Dr. Walter H. Jordan Assistant Attorney General Atomic Safety and Licensing Commonwealth of Pennsylvania Board Panel 505 Executive House 881 West Guter Drive P. O. Box 2357 Oak Ridge, Tennessee 37820 Harrisburg, Pennsylvania 17120 Dr. Linda W. Little Robert L. Knupp, Esquire Atomic Safety and Licensing Assistant Solicitor Board Panel County of Dauphin 5000 Hermitage Drive P. O. Box P Raleigh, North Carolina 27612 407 North Front Street Harrisburg, Pennsylvania 17108 James A. Tourtellotte, Esquire Office of the Executive Legal John E. Minnich Director Chairman, Dauphin County Board U.S. Nuclear Regulatory of C0=missioners Commission Dauphin County Courthouse Washington, D.C. 20555 Front and Market Streets Harrisburg, Pennsylvania 17101 Docketing and Service Section Office of the Secretary Walter W. Cohen, Esquire U.S. Nuclear Regulatory Consumer Advocate C:= mission Department of Justice Washing:en, D.C. 20555 14th Ficor, Strawberry Square Harrisburg, Pennsylvania 17127 1353 269

Jordan D. Cunningham, Esquire Karen Sheldon, Esquire Attorney for Newberry Township Sheldon, Harmon & Weiss T.M.I. Steering Committee Suite 506 2320 North Second Street 1725 Eye Street, N.W. Harrisburg, Pennsylvania 17110 Washington, D.C. 20006 Checdore A. Adler, Esquire Robert Q. Pollard Widoff Reager Selkowit: & Adler Chesapeake Energy Alliance P.O. Scx 1547 609 Montpelier Street Harrisburg, Pennsylvania 17105 Baltimore, Maryland 21218 Ellyn Weiss, Esquire Chauncey Kepford Sheldon, Harmon & Weiss Judith H. Johnsrud Suite 506 Environmental Coalition on 1725 Eye Street, N.W. Nuclear Pcwer Washington, D.C. 20006 433 Orlando Avenue State College, Pennsylvania 16801 Steven C. Sholly 304 South Market Street Marvin I. Lewis Mechanicsburg, Pennsylvania 17055 6504 Bradford Terrace Philadelphia, Pennsylvania 19149 Frieda Berryhill Chairman, Coalition for Nuclear Marjorie M. Aamodt Power Plant Postponement R. D. 5 2610 Glendon Drive Coatesville, Pennsylvania 19320 Wilmington, Delaware 19808 Jane Lee Holly S. Keck R. D. 3 Box 3521 Legislation Chairman Etters, Pennsylvania 17319 Anti-Nuclear Group Representing York 245 West Philadelphia Street York, Pennsylvania 17404 1353 270 _2_}}