ML19256E291

Motion Requesting Mod of ASLB Memorandum & Order Setting Special Prehearing Conference.Suggests New Schedule Allowing Access to Vital Info Re Presidential Commission Rept on TMI & Other Related Matters.Certificate of Svc Encl

ML19256E291
Person / Time
Site:	Three Mile Island
Issue date:	09/27/1979
From:	Pollard R CHESAPEAKE ENERGY ALLIANCE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19256E273	List: ML19256E272 ML19256E276 ML19256E280 ML19256E285 ML19256E291 ML19256E304
References
NUDOCS 7911020059
Download: ML19256E291 (7)

Text

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C' 9 q UNITED "TATES OF AMERICA NUCLEAR REGULATORY COMMISSION ( Y

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In the Matter of

• p 7 METROPOLITAN EDISON COMPANY

• Docket # 50-289 g 4

(Three Mile Island Nuclear

• Station, Unit #1)

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

Whereas the events surrounding 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 Commiss??n to study the Three Mile Island Accident is expect =d to be submitted on October 25 (according to The Sun, Baltimore, 9/25/79), three days af ter the proposed deadline of October 22 for the submissior 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 57 033 09

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

Whereas the Memorandum and Order encourages intervenors to discuss voluntary consolidation of contentions in order to Onsure that the contentions presented avoid unnecessary redundancy, and identify as concisely as possible the matters under contention, and whe 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 petitioneEs whose intervention has 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 those with minimal financial resources) to have the necessary effective dialogue that would ensure the eg.

fullest and most thorough presentaticn of contentions by those 3, c3 intervenors who are concerned with safety and health issues N

(once again with the public interest mandating in this situation U7 rv

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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 tae ebove, CEA submits that f ailure to make the .ove 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.

In 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, contendicq 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.

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4 In_ further support of this motion, CEA also would draw attention to what may be described as ' secondary f allout' frca 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 Ccmmission's News Releases that contained the order concerning the establishment of these proceedings. These public p eptions, 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 and 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 arovide for extensions of time limits wherever that would be necessary to ensure that saraty and health related issues are thoroughly addressed.

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

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5 By Octnber 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.

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

By December 6, 1979: Petitioners may amend petitions for leave to intervene pursuant to S2.714 (a) (3) c che 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 S2.714(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.

7 7 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.

Beginninc 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

6 structure of this conference to be as detailed in the Memorandum and Ord r, at page 26-Jamuarv 14, 15, , 16 .- l g

• Sessions of the special prehearing

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cor erence te 'e set aside for publis participation.

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

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, i-l Robert Q. Pollard, for CHESAPEAKE ENERGY ALLIANCE 609 Montpelier St.eet Baltimore, Maryland 21218 Dated at Baltimore, Maryland this 27th day of Septerber, 1979.

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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)

• 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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cj fd Robert Q. Pollard, for CHESAPEAKE ENERGY ALLIANCE, INC.

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