ML19256E083

Motion Requesting Mod of ASLB Order Re Special Prehearing Conference.Deadline of 791022 for Submittal of Final Contentions Deprives Intervenors from Access to TMI-2 791025 Official Rept

ML19256E083
Person / Time
Site:	Three Mile Island
Issue date:	09/27/1979
From:	Pollard R CHESAPEAKE ENERGY ALLIANCE
To:
Shared Package
ML19256E084	List: ML19256E083 ML19256E085
References
NUDOCS 7910290016
Download: ML19256E083 (6)

Text

.. .. C' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Y 97 3 9 3 9 'T2

' gd ,g -

In the Matter of ,

METROPOLITAN EDISON COMPANY Docket # 50-289 j ca (Three Mile Island Nuclear Station, Unit #1)

• MOTION TO MODIFY MEMORANDUM AND ORDER SETTING SPECIAL PREHEARING CONFERENCE Pecitioner, Chesapeake Energy Alliance, Inc. (hereinafter referred to as CEA) , an intervenor in this proceeding, hereby moves that the memorandum and order sucting special prehearing conference and related timetable be modified for the reasons presented below:

Whereas the events surrcunding the accident at TMI-2 are critical scurces of information for the resolution of safety and health related issues in this proceeding, and whereas the official report on TMI-2 of the Presidential Commission to study the Three Mile Island Accident is expected to be submitted on October 25 (according to The Sun, Baltimore, 9/25/79), three days after the proposed deadline of October 22 for the submission of final specifics of intervenors' contention, intervenors will be denied the opportunity to have access to this vital information in the preparation of their contentions. Lack of access to this information may prevent the inclusion of related contentions in the proceeding, and conversely, access to the Presidential Commission's report by the intervenors prior to submitting the specifics of their contentions would provide the intervenors with essential information in preparing contentions that are appropriate, relevant, and thorough, and would

+M/ 243 G " ' * " Ol6 j

2 serve to ensure that the public's interest in a fully thorough and fair disposition of this proceeding is upheld, both in fact and in appearance.

Whereas the Memorandum and Order encourages inter :nors to discuss voluntary consolidation of contentions in order to ensure that the contentions presented avoid unnecessary redundancy, and identify as concisely as possible the matters under contention, and wher as such discussion to be fruitful and productive must need to be based on the greatest possible awareness of the contentions that have been raised to date (both explicitly and implicitly), and whereas intervenors have notreceived copies of all of the petitions to intervene (e.g. CEA has not received petitions of UCS, ECNP, Steven Sholly, ANGRY, Newberry Township, nor of those petitioners whose intervention :tas not been granted, yet who may have raised (perhaps implicitly) valid contentions), and hence intervenors have not been afforded a full oppportunity to review the petitions and develop a basis for discussing the contentions in a systematic and effective manner with other intervenors, and whereas the ten (10) days between receipt of the Memorandum and Order and the date for filing draft contentions does not provide the opportunity for intervenors (especially these with minimal financial resources) to have the necessary effective dialogue that would ensure the fullest and most thorough presentation of contentions by those

99/ ,244 intervenors who are concerned with safety and health issuds (once again with the public interest mandating in this situation that this proceeding be,and be seen to be, fair and thorough),

modification of the order to allow for full and informed discussion between the intervenors is essential. Specifically, such modification

3 of the memorandum and order should provide for delivery of all petitions to intervene and related motions to the intervenors in the proceeding, and should also provide for a special conference among those intervenors who are challenging the re-opening of TMI-1. Such a conference would be the only mechanism that would ensure adequate opportunity for full discussion between petitioners, and for the subsequent clear identification and appropriate consolidation of the contentions.

In support of the above, CEA submits that failure to make the above provisions would have the clear effect of discriminating against those intervenors who both lack previous experience in intervening in the Commission's proceedings and who are without adequate financial, legal, and technical resources and expertise.

Irc its petition to intervene, CEA had raised the issue of ensuring that the proceedings do not discriminate on the grounds of the financial and other resources of the petitioners, contending that to do so constitutes a violation of equal protection under the law guaranteed by the United States Constition, and also has been a contributing factor to safety violations at nuclear plants by effectively excluding the participation of intervenors (primarily citizen groups with limited resources) raising safety and health related issues. CEA contends in this motion that the proposed schedule, if not appropriately modified, would effectively constitute such a violation.

i 7' ? / 245

4 o In. further support of this motion, CEA also would draw attention to what may be described as ' secondary fallout' from the TMI-2 accident, namely, the greatly increased public awareness and perception that the structure of the Commission's proceeedings tends very strongly to favor the interests of the licensees--

a perception that is supported by remarks in a speech by Commissioner Bradford that was reported in the same edition of the Commission's News Releases that contained the order concerning the establishment of these proceedings. These public perceptions, combined with related perceptions of the Commission's laxity concerning safety matters have created the basis for a substantial distrust of the Commission, so that a burden of proof is rightfully laid on the Commission to ensure that in fact as well as in appearance, the proceedings ensure that full opportunity be granted for groups raising safety and health related issues to ensure that their contentions can both be thoroughly developed a_d adequately addressed in the proceedings. In respect to this matter, CEA had raised the issue in its petition to intervene, contending therein that the Commission's Order establishing these proceedings be modified to provide for extensions of time limits wherever that would be necessary to ensure that safety and health related icsues are thoroughly addressed.

In consideration of the issues and contentions raised above, CEA moves that the schedule proposed in the Memorandum and Order that was served on September 24, 1979, be amended by establishing in its place the following schedule: 97 4

5 ,

By October 10, 1979: Copies of all petitions to intervene in this proceedings be served to all intervenors.

By October 29, 1979: Copy of the Presidential Commission to study Three Mile Island Accident: Final Report be served to all intervenors.

On or about November 5 & 6: A two-day special conference to be established for all intervenors raising issues and contentions challenging the re-opening of THI-1. This conference would provide the basis for full discussion between these intervenors and for establishing the bases for consolidation of contentions.

By November 19, 1979: The petitioners for leave to intervene shall provide to the staff and licensee drafts of the contentions each seeks to have litigated.

By December 6, 1979: Petitioners may amend petitions for leave to intervene pursuant to $2.714 (a) (3) of the intervention rule.

Petitioners shall file supplements to petitions to intervene which must include contentions in final form together with the bases for each contention set forth with reasonable specificity pursuant to $2.714 (b) . Briefs on psychological distress issues shall be filed. Participating government agencies shall indicate with reasonable specificity the subject matters on which each desires to participate.

By December 17, 1979: Licensee and staff shall deliver to the board at the board panel offices their respective answers to amended petitions, supplemental petitions, and contentions.

Beginning January 7, 1980: Pursuant to 10 CFR $2.751a the board will conduct a special prehearing conference in the vicinity of TMI at a time and place to be announced. The purpose and i??/ 247

6 structure of this conference to be as detailed in the Memorandum and Order, at page 26.

Jamuary 14, 15, & 16, 1980: Sessions of the special prehearing conference to be set aside for public participation.

This motion for modification of the Memorandum and Order setting special prehearing conference is hereby respectfully submitted.

, $ {-.].

( ,gc-a 'l

v Robert Q. Pollard, for

. CHESAPEAKE ENERGY ALLIANCE 609 Montpelier Street Baltimore, Maryland 21218 Dated at Baltimore, Maryland this 27th day of September, 1979. 97- 4g