ML19257A414
| ML19257A414 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 12/21/1979 |
| From: | Swanson D NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8001040226 | |
| Download: ML19257A414 (5) | |
Text
12/21/79 m
es UNITED STATES OF AMERICA 4
NUCLEAR REGULATORY COMMISSION 9
'f3Q DEC21 1973 3,j BEFORE THE COMMISSION Ti;?; &
~
In the Matter of
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)
/
4 iso METROPOLITAN EDIS0N COMPANY
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Docket No. 50-289
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(Restart)
(Three Mile Island Nuclear
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Station, Unit No.1)
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NRC STAFF RESPONSE TO CONSUMER ADVOCATE PETITION TO FILE REPLY BRIEF Statement In the present proceeding, the Consumer Advocate of Pennsylvania (Petitioner) filed with the Comission a " Petition to Seek NRC Funding for Consumer Intervenors to Finance Witness Expenses" (undated).
In its submittal, the Petitioner requested financial assistance on behalf of itself and those intervenors who have either requested or who may at some later date request financial assistance from the Commission for the purpose of retaining experts who will submit studies and/or testify before the Licensing Board on any issues raised in the proceeding.
On November 21, 1979, the Staff replied to the petition in its "NRC Staff Response to Petition to Seek NRC Funding for Consumer Intervenors" (Response).
In the Response, the Staff urged the Commission to deny the request upon the grcund that it was improperly before the Commission. Specifically, the Staff argued that since the Petitioner had not raised the issue of intervenor funding before the Licensing Board, it could not now seek to appeal ths 1684 084 Q
80 0104012[
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. denial of such a request made by other parties in the proceed.'ng. Moreover, the Staff asserted that even if the Petitioner were appealing a denial of a motion that it had made before the Board for funding, it would be barred from taking an appeal of that denial to the Conmission by virtue of 10 CFR 62.730(f). On December 3,1979, the Petitioner filed a further pleading entitled " Petition for Leave to File a Brief Addressing Issues Raised by the Response of NRC Staff to the Consumer Advocate's Petition for NRC Funding of Intervenor Witnesses" (Petition).
In its latest submittal, the Petitioner asserts that the Staff raised issues in its Response "which could not have been anticipated by the Consumer Advocate when he filed his original Petition."
Petition, p. 1.
In light of this assertion and the claim that the icsues in this proceeding are novel, the Petitioner now requests permission to file a supplemental brief in support of its original petition, and in answer to the Staff's Response. Petitioner attached a copy of a brief to its Petition to be considered by the Commission in the event that it grants the Pec1Wr..
Discussion Commission regulations,10 CFR s2.730(c), prohibit a moving party from replying to an answer to its motion unless permitted to do so by the presiding officer, the Secretary or the Assistant Secretary.
In the present case, we do not believe that the Petitioner has set forth a sufficient justification to permit the granting of its request to file further pleadings in this matter.
The Staff submits that the same reasoning set forth in its Response in opposition to the filing of the original petition is equally applicable to the 1684 085
present motion.
For just as the original petition is improperly before the Conmission, a reply brief in answer to the Staff's Response would be no less improper. As the Staff has previously stated, the Petitioner may not represent the rights of other petitioners in this proceeding (Response, pp. 2-41/), and Petitioner's appeal of the Board's denial of other petitioners' funding requests to the Commission is precluded by 10 CFR 62.730(f) (Response, pp. 4, 5). Per-mitting Petitioner to now file a reply brief in support of its improper appeal would only serve to compound the legal problems previously addressed. Thus, the Staff concludes that the Petitioner has failed to state good cause why it should be permitted to file a responsive brief, and urges the Commission to deny the Petition.
In the event that the Commission decides to permit consideration of the reply brief filed by the Petitioner, the Staff would request permission to have a reasonable amount of time to file a brief responding to the new arguments raised for the first time in the Petitioner's brief.
Respectfully submitted,
,/v-Of5 /'" #
Daniel T. Swanson Counsel for NRC Staff Dated at Bethesda, Maryland this 21st day of December,1979.
1/ See also, Long Island Lighting Company (Shoreham Nuclear Power Station, Unit 1), LBP-77-ll, 5 NRC 481, 483 (1977):
"It is a basic legal principle that one party may not represent another without express authority to do so."
1684 086
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
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METROPOLITAN EDIS0N COMPANY,
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(Three Mile Island, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO CONSUMER ADVOCATE PETITION TO FILE REPLY BRIEF", dated December 21, 1979, in the above-captioned proceeding, have been served on the following, by deposit in the United States mail, first class, or, as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 21st day of December,1979:
John F. Ahearne, Chairman Dr. Linda W. Little U.S. Nuclear Regulatory Commission 5000 Hermitage Drive Washington, D. C.
20555 Raleigh, North Carolina 27612 Dr. Joseph M. Hendire George F. Trowbridge, Esq.
U.S. Nuclear Regulatory Commission Shaw, Pittman, Potts & Trowbridge Washington, D. C.
20555 1800 M Street, N.W.
Washington, D. C.
20006 Dr. Victor Gilinsky U.S. Nuclear Regulatory Commission Karin W. Carter, Esq.
Washington, D. C.
20555 505 Executive House P.O. Box 2357 Mr. Richard T. Kennedy Harrisburg, Pennsylvania 17120 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Honorable Mark Cohen 512 D-3 Main Capital Building
- Peter A. Bradford Harrisburg, Pennsylvania 17120 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Mr. Steven C. Sholly 304 South Market Street Ivan W. Smith, Esq.
Mechanicsburg, Pennsylvania 17055 Atomic Safety & Licensing Board Panel U.S. fJuclear Regulatory Commission Mr. Thomas Gerusky Washington, D. C.
20555 Bureau of Radiation Pro.tection Dept. of Environmental Resources Dr. Walter H. Jordan P.O. Box 2063 881 W. Outer Drive Harrisburg, Pennsylvania 17120 Oak Ridge, Tennessee 37830 Mr. Marvin I. Lewis 6504 Bradford Terrace Philadelphia, Pennsylvania 19149 1684 087
_2 Metropolitan Edison Company Ms. Frieda Berryhill, Chairman Attn: J.G. Herbein, Vice President Coalition for Nuclear Power Plant P.O. Box 542 Postponement Reading, Pennsylvania 19603 2610 Grendon Drive Wilmington, Delaware 19808 Ms. Jane Lee R.D. 3; Box 3521 Holly S. Keck Etters, Pennsylvania 17319 Anti-fluclear Group Representing York 245 W. Philadelphia Street Walter W. Cohen, Consumer Advocate York, Pennsylvania 17404 Department of Justice Strawberry Square, 14th Floor Jordan D. Cunningham, Esq.
Harrisburg, Pennsylvania 17127 Fox Farr and Cunningham 2320 North 2nd Street Robert L. Knupp, Esq.
Harrisburg, Pennsylvania 17110 Assistant Solicitor Knupp and Andrews Theodore A. Adler, Esq.
P.O. Box P WID0FF REAGER SELK0WITZ & ADLER 407 N. Front Street Post Office Box 1547 Harrisburg, Pennsylvania 17108 Harrisburg, Pennsylvania 17105 John E. Minnich, Chairmac Ms. Ellyn R. Weiss Dauphin Co. Board of Comissioners Sheldon, Harmon, Roisman & Weiss Dauphin County Courthouse 1725 I Street, N.W.
Front and Market Sts.
Suite 506 Harrisburg, Pennsylvania 17101 Washington, D. C.
20006 Atomic Safety & Licensing Appeal Board Ms. Karen Sheldon U.S. Nuclear Regulatory Commission Sheldon, Harmo'1, Roisman & Weiss Washington, D. C.
20555 1725 I. Street, N.W.
Suite 506 Atomic Safety & Licensing Board Panel Washington, D. C.
20006 U.S. Nuclear Regulatory Comission Washington, D. C.
20555 Ms. Marjorie M. Aamodt R.D. #5 Docketing and Service Section Coatesville, Pennsylvania 19320 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Robert Q. Pollard Chesapeak Energy Alliance 609 Montpelier Street Baltimore, Maryland 21218 Chauncey Kepford Judith H. Johnsrud Environmental Coalition on Nuclear Fower 433 Orlando Avenue State College, Pennsylvania 16801 Pen s ia blic Utilities Comm.
Box 3265 Daniel T. Swanson Harrisburg, Pennsylvania 17120 Counsel for NRC Staff 1684 088