ML19256E085

Suppl to Motion Requesting Mod of Memorandum & Order Served on 790927.NUREG-0386 & Other Relevant Documents Are Voluminous & Need Adequate Time to Be Assimilated.Two Certificates of Svc Encl

ML19256E085
Person / Time
Site:	Three Mile Island
Issue date:	09/28/1979
From:	Pollard R CHESAPEAKE ENERGY ALLIANCE
To:
Shared Package
ML19256E084	List: ML19256E083 ML19256E085
References
NUDOCS 7910290017
Download: ML19256E085 (9)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

• METROPOLITAN EDISON COMPANY

• Docket # 50-289 (Three Mile Island Nuclear Station, Unit #1) *

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CERTIFICATE OF SERVICE I hereby certify that copies of the " Motion to Modify Memorandum and Order Setting Special Prehearing Conference" submitted by the Chesapeake Energy Alliance, Inc. in the above captioned-matter have been served on the following by deposit in the United States mail, first class, this 27th day of September, 1979:

Executive Legal Director U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. George F. Trowbridge Shaw, Pittman, Potts and Trowbridge 1800 M Street, NW Washington, DC 20036

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SUPPLEI'ZIIT TO MOTION TO I:0DIFY IG:0RAIIDUM AND ORDER SETTING SPECIiL PR33ARIUG CONFERENCE Petitioner, Chesapeake ~nergy '.lliance, Inc. (hereina"ter referred to as CEA), a party to this proceeding, hereby files this supplement to its Motion to Modify Memorandun and Order, that was served on September 27, 1079. This supplement is filed pursuant to information received subsequent to CEA s service of its original notion, and details further grounds in support of its notion.

In particular, CEA has just received a copy of " Investigation into the March 28, 1979 Three Mile Island Accident by Office of Inspection and Enforcement"(hereinafter referred to as liUREG 0600), and the USNR1 Staff Practice and procedure Digest (ITUEEG 0386 ), along with Parts 2, 20, 50, 2: $1 of USHRC Rules and Regulations. URC Staff Counsel Marcia I:ulkey notes that IIUREG 0600 is enclosed "because of its obvious relevance to the subject matter of this proceeding.",

and will also be providing a copy of UUREG 0378, T':I-2 Lessons Learned Task Force Status Report. Ms. Mulkey notes that NUREG 0578 is currently not available, and that I!UREG 0578 will be duplicated if reprints are not forthconing uithin a week (i.e. by October 2,1979).

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2 It should be noted that NUREG 0600 is a tuo inch thich document that includes a substantial amount of technical infornation and terminology, that UUREG 0386 is a highly detailed set of procedures of an essentially legal nature and lang age, and that the USURC Rules and Regulations comprise approxinately one hundred (100) pages of small print regulations, couched in a style that can best be described as "high bureaucratese", well interspersed uith conplex terns fron nuclear ph7 sics and detailed mathematical tables specifying tacceptable' levels of radiation. It is presuned by CEA that HUREG 0578 will be approximately on the scale and complexity of UUREG 00.

Yet another nail delivery has yielded a substantial document from the licensee "Reconnended Requirenents for Restart of Three Mile Island nuclear Station Unit 1 ", comprising approxinately one hundred (100) pages that includes substantial anount of terninology that presunes detailed knowledge of the workings of a pressurized water reactor (e.g. what is the significance of 'RPS, HUI, E3AS, HI Switch Lineups' ? (cf. Table 3 1-1 ) ).

,iif .l Given that the obvious relevance of the above documents to this proceeding can scarcely be disputed, nor then can the obvious right of the parties to this proceeding to have adequate op ortunity to read, digest, and understand the significance of these docunents (as well as further docunents that nay be forthconing) be disputed if the proceedings are to serve the public's indisputable right to fair and impartial consideration of all the interests at stake, and to a guarantee that the compelling interest of citizens and citizen groups in safety and health issues not be overwhelned by the legal, technic.- and financial resources of the licensee, and by unreasonable insistence b7 the Connission on an overly hasty

3 disposition of the natter.

Translated into specific estimates within the context of a proposed time schedule, realistic assessment of the documents noted above would suggests that it could take up to two (2) weeks of forty hours each to gain a reasonable sunnary understanding of the contents of the documents and their significance--provided one had ready access to appropriate reference natorials and to persons feniliar with the documents. By comparison, the docunents cited above that have been received, were received only one week from the final date for filing draft contention, and parties may be fortunate if they receive ITUREG 0578 by October 5, the date final contentions are due. Furthennore, parties such as CEA, by virtue of their lack of financial and other resources, nust rely on the voluntary services of a nenber who is otherwise employed on a full tine basis, and in addition has other important ongoing responsibilities within CEA. 02A contends that investigation vould reveal that several, if not most, of the other paries to this proceeding are in a siniler situation. CZA contends that the problem of providing parties with adoquate ef. motive pportunity to read, understand, and digest docunents of obvious rel< to this proceeding could be remedied in good measure if the Connission were to make provisions for parties to have ready access to consultation to the Connission's staff, or to other equally qualified persons, and in particular that this need could nost effectively be net by the establishment of seminars for the parties to be briefed on the significant elenents of the relevant docunents, including specifically I!UREG 0600, NURZG 0578, ImREG 0386, UsiiRC Rules and Regulations, and the licenseeis Report on Reconnended Requirenents.

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4 In respect of the above considerations and contentiens, CEA hereby novos that the Menorandun and Crder Setting Special Prehearing Conference be nodified by the addition of provisions for parties to have access to consultation with Connission scaff, or other suitnoly qualified persons for the purpose of understanding and interpreting the docunents cited above along with other documents of obvious relevance to the proceeding, and by the addition of provision for seninars to be presented (with adequate advance notice so that attendance can be arranged by the parties) to the parties to this proceeding for the purpose of briefing parties with the overview and significent elenents of key documents including IrJREG 06CO, I JREG 0578, IruazG 0386, USnRC Rules a negulations, Licensee sr aecennended Requirenents for Restart of TIC-1, and such other documents that are doened by the Connission or its staffto be both of obvious relevance to the proceedings $ad to be of sufficient conplexity (whether of a legal or technical nature) that qualified legal or technical assistance is necessary for such documents to be reasonably understood. CEA further novos that the provision of the above noted assistance and seninars be made available suitably prior to the final date for filing draft conten-tions in this proceeding.

In further support of the Motion to Modify Menorandum and Order, CZA would draw the Co=nission's attention to sono of the specific elenents in regard to uhich parties intervening on behalf of safety and heelth related conc erns in the proceeding (including specifically CEA) are disadvantaged in relation to the licensee and the Conniscion in part-icipation in this proceeding. CEA contends that if due consideration is not given to these disadvanta'ges, ahd appropriate ne,agures ,ar.e not I

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5 taken to remedy or compensate for then, the public's right to a fair, thorough, and impartial disrosition of these proceedings that adequately addresses safety and health related concerns vill be denied, and that the parties' rights to caual protection under the law would also be denied.

Specifically, CEA (and, it is contended, other parties to the proceeding) does not have access to full time staff, and specifically does not have access tc qualified legal counsel, nor to technical expertise.

Besides having no professional staff, CZA also has no clerical staff to perform the demanding tasks of typing, (and ideally re-typing revisions of docunents ) photocopying, addressing, filing, etc. (All clerical tasks to date have been executed by the undersigned representative of CEA). CZAR s access to photocopying resources is linited to publically available facilities, generally coin operated equipnent at 5g or 10/

per page, and there is great need for photocoying in this proceeding particularly if there is to be adeouate connunication between CZA and other parties to the proceeding. Any clerical personnel uould willingly testify to the trenendous difference in time (a scarce resource in this proceeding) and convenience between coin operated photocopying equipment and the use of high speed automatic feed, autenatic collating copying equinnent that is indubita'cly available to the licensee and the Connission, when substantial photocopying is required. CIA too is disadvantaged in respect to the cost of photocorying ant nailing, natters that are effectively of no concern to the licensee and Conniss- "

but can constitute a very substantial burden for an organisation .cn as CEA. Likewise, telephone calls on a long distance basis provide no effective impedinent to the Licensee and Cenniscion, but serve

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6 as a major impedinent to effective and essential connunication between CEA and other parties to the proceeding and potential sources of assistance.

In consideration of the above, and of the necessity that a party's effective participation in the proceeding not be denied on grounds of inadequate financial and related resources, CEA hereby noves that the Menorandun and Order Setting Special Prehearing Conference be furt:er modified by the addition of provisions for the Conniscion's staff to be directed to evaluate the potential inpact(on the fairness, thoroughness, and inpartiality with which the proceeding can address safety and health related issues)of the lac 1 of access of parties to resources adequate to ensure that the parties ' interests can be properly presented before the Cennission. CEA further moves that the.Memorandun and Order be further nodified to direct the Connission's staff, in the event that they deternine that thero is a significant potential inpact on the fairness, thoroughness and inpartiality of the proceedings as a result of the lack of accessor a party or parties to adequate resources, to propose a nechanism whereby any disadvantage to a party or parties can be renedied or conpensated for, uhere such disadvanta~eg derives fran the party's lack of adequate access to the resources necessary to properly represent the party's interests and contentions.

[ 2bb Furthennore, in consideration of all of the issues and contentions that have keen presented in this Motion (origina? and supplenent),

and of such further considerations of li::e nature that na7 present thenselves, CEA noves that the Menorandun and Order Setting Special

7 Prehearing Conference be further nodified to establish provisions that would pernit parties to nove for further nodificatuon of the IIenorandun and Order on the showing of cause that such modification would be essential to preserve the public's conpelling interest in the fairness, thoroughness, cnd inpartiality of the hearings in respect to safety and health natters.

This Supplement to its Motion for Modification of the ::enorandun and Order Setting Special Prehearing Conference is hereby respectfully submitted.

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Robert O. Follard, for CHESA?2A:~2 Z ZEGZ ALLIAI:CE, IIIC.

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~ -'/i L3D Dated at Baltinore, ::ar71 and this 26th day of 3eptenber, 1979.

UIIITED STATES OF AI'. ERICA NUCLEAR REGULATORU CO:~:ISSICII 4:-

In the Matter o."

Docket # $0-289 METROPOLITAli EDISOIT COMPANY 3l.

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CERTIFICATI0II 0F SEPVTCE _.-

I hereby certify that copies of the " Supplement to Motion to Modify Menorandun and Order Setting Special Prehearing Conference" submitted by the Chesaroake Energy Alliance, Inc. in the above-captioned natter have been served on the following by deposit in the United States nail, first class, this 28th day of September, 1979:

Executive Legal Director U.S.IIuelear Regulatory Connission

'iashington, DC 20$55 Mr. George F. Trowbridge Shaw, Pittnan, Fotta, and Tro:brid:e 1800 M Street, n',l

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