ML19257B642
| ML19257B642 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/04/1980 |
| From: | Trowbridge G METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8001180027 | |
| Download: ML19257B642 (6) | |
Text
January 4, 1980
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UNITED STATES OF AMERICA j' g4 '
NUCLEAR REGULATORY COMMISSION 9
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ;
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METROPOLITAN EDISON 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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LICENSEE'S RESPONSE TO PANE MOTION TO CLARIFY OR CORRECT FIRST SPECIAL PREHEARING CONFERENCE ORDER On December 28, 1979, People Against Nuclear Energy (PANE) filed a motion to clarify or correct the Board's F'rst Special Prehearing Conference Order dated December 18, 1979.
The motion requests that discovery on psychological distress and related contentions be allowed for at least sixty days from service of the Commission's ruling that the contentions must be heard in this proceeding.
The discovery schedule proposed by PANE would inev-itably delay completion of the restart hearing.
Licensee does not, of course, know when the Board will certify the question of the allowability of psychological distress issues to the Commission or how long it will take the Commission to decide the question.
Commission action may not occur until close to or after the end of the general discovery period.
PANE would delay commencement of discovery until after the Commission has 1768 026 8001180
9 acted, to be followed presumably by a prehearing conference, preparation of testimony and holding of an evidentiary hearing on psychological distress issues.
Completion of the hearing would thus be extended far beyond the time contemplated by the Commission's August 9 order, which contains no provision for extended discovery on psychological distress issues.
In addition, depending on the time set by the Board for commencement of the restart hearing on other issues in the proceeding, it is a distinct possibility that the discovery schedule proposed by PANE would coincide with or substantially overlap the hearing schedule, creating an undue burden on Licensee and other parties who would have to cope with dis-covery on psychological distress issues simultaneously with the demands of the hearing.
We can understand PANE's reluctance to engage in discovery prior to any indication as to whether psychological distress issues will be considered in the proceeding.
Thus if the Board decides to certify the question of their inclusion in the hearing to the Commission without recommendation or if the Board recommends against their inclusion, Licensee would not object to postponing discovery until after the Commission's decision, although we would shorten the discovery period to thirty days.
If, however, the Board recommends to the Commis-sion the inclusion of psychological distress issues in the proceeding, we believe that the Board's recommendation should 1768 027
be a sufficient basis for requiring discovery to begin imme-diately and to be completed within sixty days of service of the Board's recommendation.
Respectfully submitted, SHAW, P TMAN, POTTS & TROWBRIDGE M
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korgeF. Trowbridge[
Dated: January 4, 1980 1768 028
January 4' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDISON 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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CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Response to PANE Motion to Clarify or Correct First Spacial Prehearing Conferencer Order," dated January 4, 1980, were served upon those persons on the attached Service list by deposit in the United States mail, postage prepaid, this 4th day of January, 1980.
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s.t orge F.
Trowbridge Dated: January 4, 1980 l768 029
UNITED STATES OF AMERICA NUCLEAR REGULATORY CCMMISSICN SEFORE THE ATOMIC SAFE"T AND LICENSING 30ARD In the Matter cf
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METROPOLITAN EDISCN CCMPANY
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Dcchet No. 50-239
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(Restart)
(Three Mile Island Nuclear
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Station, Unit No. 1)
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SEnv.i.CZ LIST Ivan W.
Smith, Esquire John A. Levin, Esquire c% i -a n Assistant Counsel Atcmic Safety and Licensing Pennsylvania Public Utility 3 card Panel Ccmmission U.S. Nuclear Regulatcry P. O. Ecx 3265 Cen: mission Harrisburg, Pennsylvania 17120 Washington, D.C.
20555 Karin W. Carter, Esquire Dr. Walter E! Jordan Assistant Attorney General Atcmic Safety and Licensing Cccmenwealth of Pamsylvania Board Panel 505 Executive Ecuse 881 West Guter Drive P. O. Ecx 2357 Cak Ridge,. Tennessee 37830 va risburg, Pennsylvania 17120 Dr. Linda W.
Little Racert L. Knupp, Esquire Atemic Safety and Licensing Assistant Solicitor Scard Panel County of Dauphin tage Drive P.
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Raleigh, North Carolina 27612 407 North Front Street Earrisburg, Pennsylvania 17108 James R.
Tcurtellotte, Esquire (41 Office of the Executive Legal Jchn E. Minnich Director C h a i.. a.n, Dauphin County 3 card U.S. Nuclear Regulatory of Commissioners Cer=tission Dauphin County Courthcuse Wasnington, D.C.
20555 Front and Market Streets Harrisburg, Pennsylvania 17101 Docke+d ng and Service Secticn (21 \\
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Cohen, Esquire U.S. Nuclear Regulatory Consumer Advccate Ccmmission Depa ent of Justice.
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