ML19256E304
| ML19256E304 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/28/1979 |
| From: | Pollard R Chesapeake Energy Alliance |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19256E273 | List: |
| References | |
| NUDOCS 7911020070 | |
| Download: ML19256E304 (11) | |
Text
.
UNITED STATES OF AIIERICA liUCISAR REGUIJ. TORY COI:ICSSION
. s. &
g
'N/
s.q.3 o
%g 9 st
, f@p 9
-t a
In the Matter of
, b,,
&c.\\
s
.e.
IETROPOLITAN EDISON COMPANY f
Docket # 50-26.%
c Q, e ""
.,).~
'c f
(Three Mile Island Nuclear s N' Ng. f' [ '
Station, Unit #1 )
/g u
u u d 0.:- 4 e u O u -:- 0 0 e 4;- O -#d u e -:
3.
0
.c -: -- s:
<c c r -: ic SUPLZG2iT TO MCTION TO MODIF"? MEMOPJ.IIDUM AND ORDER SE" TING SPECIAL PRW='t. RING CONFERENCE Petiticner, Chesapeake mergy 1111ance, Inc. (hereina 'ter referred to as CEA), a party to this proceeding, hereby files this supplement to its Motion to I:cdify Memorandum s.nd Order, that was served on September 27, 1079. This supplement is filed pursuant to information received subsequent to CIArs service of its original notien, 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 Cffice of Inspecticn and Enforcenent"(hereinafter referred to as NUREG 0600), and the USHRC Staff Practice ar.d procedure Digest (HUREG 0386), alcng with Parts 2, 20, 50, 3: 51 of USIIRC Rules and Regulations.
liRC Staff Counsel Marcia Mulkey notes that HUP 2G 0600 is enclosed "because of its obvious relevance to the subject natter of this proceeding.",
and will also be providing a copy of ITUP2G 0578, TMI-2 Lessons Learned Task Force Status Report. Ms. Mulkey notes that liUREG 0578 is currently not available, and that HUP 2G 0578 will be duplicated if reprints are not forthecming uithin a week (i.e. by Cetober 2,1979).
1257 040 1 7911020 O 2 O
2 It should be noted that UUREG 0600 is a two inch thich document that includes a substantial amount of technical information and terninology, that LUREG 0386 is a highly detailed set of procedures of an essentiel17 legal nature and lang age, and that the USHRC Rules and Rs p11ations comprise approxinate17 one hundred (100) pages of small print regulations, couched in a style that can best be dascribed as "high bureaucratese", well interspersed with complex terns from nuclear ph7 sics and detailed mathematical tables specifying levels of radiation. It is presuned by CEA that UUEZG 0$7' tacceptable r will be approximately on the scale and conplexity of UURIG 00.
Yet another nail de? 7ery has yielded a substantial docunent frem the licensee "Recc=nended Requirements for 2estart of Ihree Mile Island IIuclear Station Unit 1", conprising approxinately one hundred (100) pages that includes substantial ancunt of terminology that presunes detailed kn'uledge of the workings of a pressurized water o
reactor (e.g. what is the significance of 'RPS, HUI, ESAS, HI Switch Lineups' ? (cf. Table 3 1-1 ) ).
1257,41 0
Given that the obvious relevance of the above docunents to this proceeding can scarec17 be disputed, nor then can the obvious right of the parties to this proceeding to have adecuate oppt unity to read, digest, and understand the significance of these aocunents (as well as further docunents that may be forthcoming) 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 safet7 and health issues not be overwhelned by the legal, technical, and financial resources of the licensee, and b7 unreasonable insistence by the Connission on an overly hast7
3 disposition of the =ctter.
Translated into specific estinates within the context of a proposed time schedule, realistic assessment of the documents noted above would sugsests that it could take up to two (2) weeks of forty hours each to gain a reasonable su= mary understanding of the contents of the documents and their significance--provided one had ready access appropriate reference m terials and to persons familiar with to a
the documents.
By comparison, the docunents cited above that have been received, were received only one ueek from the final date for filing draft contention, and parties may be fortunate if they receive EUREG 0378 by October 5, the date final contentions are due. Furthermore, parties such as CZA, b7 virtue of their lack of financial and other resources, =ust rel7 on the voluntar7 services of a mecher uho is otherwise employed on a full time basis, and in addition has other L portant ongoing responsibilities within CEA, CIA contends that investigation would reveal that several, if not most, of the other paries to this preceeding are in a sinilar situatien.
CIA contends that the problem of providing parties with adequate effective opportunity to read, understand, and digest documents of obvious relevance to this proceeding could be renedied in good neasure if the Cornis'sion were to make provisions for parties to have ready access to consultation to the Co=nission s staff, or to other equally qualified persons, and r
in particular that this need could nost effectively be met by the establishment of seminars for the parties to be briefed on tne significant elenents Of the relevant docunents, including specifically UUEZG C6CO, HUREG 0578, HUREG 03S6, USIIRC Rules and Regulations, and the licensee's Report on Recon = ended Requirenents.
F7 nA7 J/
U1C
14 In respect of the above considerations and contentiens, CIA hereby noves that the Menorandum and Order setting Special Prehearing Conference be modified by the addition of provisions for parties to have access to consultation with Connission staff, or ocher suitably qualified persons for the purpose of understanding and interpreting the documents cited above along with other docunents 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 b7 the parties) to the parties to this proceeding for the purpose of briefing parties with the overview and significant elements of key documents including liUREG 0600, rJREG 0578, IFnIG 0386, USNRC Rules 2: Regulations, Licensee's Recon = ended Requirenents for Restart of TMI-1, and such other documents that are deemed by the Cennission or its staffto be both of obvious relevance to the proceedings and 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. CIA further
=cves that the provision of the above noted assistance and seminars be made available suitably prior to the final date for filing draft conten-tions in this proceeding.
1257 043 In further support of the Motion to Modif7 Menorandum and Order, C2A would draw the Cc=ission's attention to some of the specific elenents in regard to which parties intervening on beht.lf of safety and health related cc:s erns in the proceeding (including specifically CIA) are disadvantaged in relation to the licensee and the Connission in part-icipation in this proceeding.
CIA contends that if due consideration is not given to these disadvanta'ges, and appropriate measures are not
5 taken to remedy or compensate for then, the public's right to a fair, thorough, and impartial disposition of these proceedings that adequately addresses safety and health related concerns vill be denied, and that the parties' rights to equal 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 to qualified legal counsel, nor to technical enpertise.
Besides having no professional staff, CEA also has no clerical staff to perform the demanding tasks of typing, (and ideally re-typing revisions of documents) photocopying, addressing, filing, etc. (All clerical tasks to date have been enecuted by the undersigned representative of CEA).
CEAts access to photocop7ing resources is linited to publically available facilities, generally coin operated equipment at 54 or 1Cg per page, and there is great need for photoco7ing in this proceeding particularly if there is to be adequate connunication between CEA and other parties to the proceeding.
Any clerical personnel vould willingly testify to the tremendous difference in tiae (a scarce resource in this proceeding) and convenience between coin operated photocopying equipment and the use of high speed autenatic feed, autenatic collating copying equienent that is indubitably available to the licensee and the Cornission, when substantial photocopying is requirec. CIA toc is disadvantaged in respect to the cost of photocopying and nailing, natters that are effectivel7 of no concern to the licensee and Cennission, but can constitute a ver7 substantial burden for an organisation such as CEA.
Li;:ewise, telephone calls on a long distance basis provide no effective impedinent to the licensee and Cornission, but serve 17'7 044
6 as a major inpedinent to effective and essential co=nunication between Cn and other parties to the proceeding and potential sources of assistance.
In consideration of the above, and of the necessity tha a part7's effective participation in the proceeding not be denied on grounds of inadequate financial and related resources, C a hereby moves that the Menorandum and Order Setting Special Prehearing Ccn'erence be further modified by the addition of provisions for the Connissients staff to be directed to evaluate the potential inpact(on the fairness, thoroughness, and impartialit7 with which the proceeding can address safet7 and health related issues)of the lac 1 of access of parties to resources adequate to enstre that the parties '
interests can be properly presented before the Cc=-dssion.
C H further noves that the.Menoranda and Order be further nodified to direct the Cennissients staff, in the event that the7 dete r.ine that there is a significant potential inpact on the fairness, thoroughness and impartiality of the proceedings as a result of the lack of accessor a party or parties to adequate resources, to propose a mechanism where'c7 an7 disadvantage to a party or parties can be remedied or conpensated for, uhere such disadvantage derives fren the-part7's lack of adequate access to the t
terests and reaources necessary to properly represent the contentiens.
Furthermore, in consideration of all of the issues and cenpentions that have been presented in this Motion (original and supplenent ),
and of such further considerations of like nature that na7 present thenselves, CM noves that the Menorandum and Order Setting Special
7 Prehearing Conference be further nodified to establish provisions that would pernit parties to nove for further nodificatuon of the Menorandun and Order on the showing of cause that such nodification would be essential to preserve the p '311c'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 ? rehearing Con'erence is hereb7 respectfully submitted.
-/ s /
/..,.g -
Rober
- c. Follard, for C=.-,,..,,.._,.,.z.C...,.,....C=.,,uu.
7,..,
=a n: =u..= z.
- ..euua.
6C9 ::entpelier Street Baltinore, Ma"7 and 21218 1
Dated at Saltinore, ::ar71and this 28th day of Septenber,1979.
\\2b-'l O' k b
I UIIITED STATES CF AIMICA NUCLEAR REGULATO?U CO:IIISSION o
is In the Matter of s,
METROPOLITAN EDISON COM?ANY Docket # 50-289 s
(Three Mile Island Nuclear 7.
Station, Unit #1 )
o o.
3:- o
.: o s:- :- o s: 3: o s:- -:.: -:. :- -:-. - -
-... : -: -:...- 3:-
s-CERTIFIC AmION OF S"'FCE I hereby certify that copies of the " Supplement to Motion to Modify Menorandun and Order Setting Special Frehearing Conference" submitted by the Chesapeake Energy Alliance, Inc. in the above-captioned natter have been served on 1:he following by deposit in the United States nail, first class, this 28th da7 of September,197C:
Z:tecutive Legal Director U.S.Iinclear Regulatory Co:=ission
'dashington, DC 20333 Mr. George F. Trowbridge Shaw, Pitman, ?ctts, and Iroubrid e I
1800 M Street, Ird
./
/
'j/,P p
p
's s V
GD P c'
d 4
Robert c. Follard, for k
C.
CEESA.:EA12 ENE20Y ALLIANCE, II!C.
j od._$1"$
ed7
'Q e.% ag M.3,sg 1257 047 a
E55=
ft%.
Er i w: =
UNITED STATES OF AMERICA
+s NUCLEAR REGULATORY CCMMISSION
- +-
- = - -
'In the Matter of
]
}
i-5$
MEIROPOLITAN EDISON COMPANY, ET AL. ]
Docket No. 50-289.
" ~ "
)
=.##
(Three Mile Island Unit No.1
)
Tlld.
= - - - -
{!:
CERTIFICATE OF SERVICE
}{, _f I hereby certify that I have this day served the foregoing document (s)J
[.l.,,-
upon each person designated on the official service list compiled by
"-4 the Office of the Secretary of the Cec =1ssion in this proceeding in
"=
accordance with the requirements of Section 2.712 of 10 CFR Part 2 -
._.7l Rules of Practice, of the Nuclear Regulatory Coc=ission's Rules and Regulations.
kb
- =--
Dated at k'ashington, D. C. this
~,]
day of 197f fr 1sm i
urum Offic6 6f/ he Secretary of the Co==1ssion t
I c2 km=O m
n.z
.. =-
E.?
_ _ _ a-
- - W:
1257 043
=.:
e
' 6d
"..;c
.?,"':^
k.".
t FE UNITED STATES OF AMERICA r
NUCLEAR REGULATORY COMMISSION g.g
'a In the Matter of
)
)
METROPOLITAN EDISON COMPA'iY,
)
Docket No.(s) 50-289
(([
)
f!!!h
)
F+:+~
(Three Mile Islcnd, Unit 1)
)
EE
)
f."
SERVICE LIST
'j.S y;-;-+
" " " ~ ~
Counsel for NRC Staff Honorable Mark Cohen Office of the Exccutive Legal Director 512 E-3 Main Capital Building
[
U.S. Nuclear Regulatory Cocsission Harrisburg, Pennsylvania 17120 57.!?
Washington, D.C.
20555 Metropolitan Edison Conpany s
George F. Trowbridge, Esq.
ATTN:
J.G. Herbein
- 4
+~
Shaw, Pitt=an, Potts & Trowbridge Vice President
"-~
1830 M Street, N.W.
P.O. Box 542 Washington, D.C.
20006 Reading, Pennsylvania 19603 E
Earin *'. Carter, Esq.
Walter W. Cchen, Consu=er Advocate Assistant Attorney General Department of Justice Department of Environ: ental Resources Strawberry Square, 14th Floor 709 Health and Welfare Building Harrisburg, Pa.
17127 Harrisburg, Pennsylvania 17120 Ms. Jane Lee Ellyn i.*eiss, Esq.
R.D. 3, Box 3521 Sheldon, Harmen, Roissan and Etters, Pennsylvania 17319 "eiss 1725 I Street, N.W., Suite 506 Robert L. Knupp, Esq.
Washington, D.C.
20006 Assistant Solicitor Knupp and Andrews P.O. Box "
President's Com ission on the Harrisburg, Pennsylvania 17108 Accident at Three Mile Island 2100 M Street, N.V.
Mrs. Barbara J. Heivly Washington, D.C.
20037 15 Redwood Building Middletown, Pennsylvania 17057 Mr. Thomas Gerusky Bureau of Radiation "rotection Dr. Walter H. Jordan Departcent of Environmental Resources 881 West Outer Drive P.O. Box 2063 Oak Ridge, Tennessee 37830
=+
Harrisburg, Pennsylvania 17120 Dr. Linda W. Little l;'-
Ivan . Scith, Esq., Chair =an 5000 Hermitage Drive Atenic Safety and Licensing Board Raleigh, North Carolina 27612 U.S. "uclear Regulatory Co= mission Washington, D.C. 20555 Mr. John.t. Minn1ch Dauphin County Board of qAq Commissioners 125,1 us-oeugnin county courtnouse Front and Market Streets g
Harrisburg, Par.nsylvania 17101-1 i
' Docket No. 50-289 Page 2 Robert Q. Pollard, Esq.
Ms. Marjorie M. Aamodt Chesapeake Energy Alliance R.D. #5 609 Montpelier Street Coatesville, Pa.
19320 Bal timore, Maryland 21218 Jo.'> dan D. Cunningham, Esq.
Ms. Kathy McCaughin Fox, Farr and Cunningham Three Mile Island Alert, Inc.
2320 North Second Street 23 South 21st Street Harrisburg, Pennsylvania 17110 Harrisburg, Pennsylvania 17104 Mr. Marvin I. Lewis Dr. Chauncey Kepford 6504 Bradford Terrace Dr. Judith H. Johnsrud Philadelphia, Pennsylvania 19149 Environmental Coalition on Nuclear Power Mr. Stephen S. Miller 433 Orjando Avenue RD #2 State College, Pennsylvania 16801 Conestoga, Pennsylvania 17516 Ms. Frieda Berryhill Coalition for Nuclear Power Plant Postponement 2610 Grendon Drive Wilmington, DE 19808
- 13. Holly S. Keck Legislation Chair =an ANGRY 245 West Philadelphia Street Ycrk, Pennsylvania 17404 Steven C. Sholly 304 South Parket Street Mechanicsburg, PA 17055 John A. Levin, Esq.
Pennsylvania Public Utility Commission P. O. Box 3265 Harrisburg, Pennsylvania 17120 Mr. Paul Carrick 17 South 29th Street Camp Hill, Pennsylvania 17011 Karin P. Sheldon, Esq.
Sheldon, Ear =on, Roisman & Weiss 1725 I Street, N. W., Suite 506 Washington, D. C. 20006 1257 050