ML19257B675
| ML19257B675 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 12/31/1979 |
| From: | Zahler R METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8001180086 | |
| Download: ML19257B675 (6) | |
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December 31, 1979
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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
)
Docket No. 50-289
)
(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
LICENSEE'S RESPONSE TO REQUEST BY ECNP FOR AN EXTENSION OF TIME On December 20, 1979, intervenor Environmental Coali-tion on Nuclear Power ("ECNP") filed an open-ended request for an extension of time within which to further specify its con-tentions relating to emergency planning.
As described below, Licensee does not object to granting ECNP a ten-day extension from December 28, 1979, to January 7, 1980, within which to specify its emergency planning contentions.
As grounds for its requested extension of time, ECNP asserts that it has been placed in the "very awkward position of not knowing which emergency plan to review 'for the revised contention."
This is simply untrue.1/
The November 2, 1979
-1/
Indeed, at least four other intervenors had no difficulty in filing detailed emergency planning contentions in a timely manner.
See filings by UCS, ANGRY, Newberry Township, and Mr.
Sholly.
However, detailed emergency planning contentions have not been timely filed by Mrs. Aamodt and CEA.
1768 115 r
8001180 0 d w
. memorandum from Licensee's counsel alerted ECNP that changes to Licensee's initial updated Emergency Plan were anticipated.
As ECNP correctif notes, Amendment No. 6 to the TMI-l Restart Report contained the revised Emergency Plan.
While it is pos-sible that ECNP may have been uncertain whether Amendment No.
6 was'the most up-to-date version of the Emergency Plan, that uncertainty could easily have been resolved by a call to Licensee's counsel. !
Instead, ECNP chose to wait until the day after its revised emergency planning contentions were due to be filed,2! and only then served by mail a request for an extension of time.
While ECNP's tardy filing is not likely in this instance to result in delay, Licensee suggests that in the future all parties attempt to resolve similar uncertainties in a more direct and timely manner.
With respect to the status of Licensee's updated Emergency Plan, the undersigned counsel spoke with a representa-tive of ECNP on Thursday, December 27, 1979.
At that time, ECNP was informed that Amendment No. 6 contained the most up-to-date Emergency Plan.S!
ECNP also was informed that, while Licensee 2/
The undersigned counsel notes that such a clarifying call was received from Jordan D. Cunningham, Esquire, counsel for Newberry Township.
31 Contrary to the claim of ECNP, the deadline for filing de-tailed emergency planning contentions was December 19 and not December 20.
See First Special Prehearing Conference Order at 18 (filed Dec. 18, 1979).
A/ A special set of filing instructions for Licensee's Restart Report is in the process of being sent to all intervenors in this proceeding specifically explaining the status of the Emergency Plan.
7
. currently has no plans to substantially revise the Emergency Plan, Licensee would incorporate all additional revisions deemed desirable on the basis of Licensee's continuing review of emer-gency planning matters.
This conversation was confirmed in a subsequent telephone conversation with Dr. Kepford on Friday, December 28, 1979.
Licensee therefore is of the view that ECNP's 10-day period began running as of December 28, 1979.
Licensee wishes to make clear that it opposes any attempt by ECNP to delay filing its detailed emergency planning contentions until such time as Licensee informs ECNP that there will be no further substantive changes to the Plan prior to the commencement of the TMI-1 restart hearings.
As indicated above, Licensee has a responsibility to incorporate any new revisions which it believes appropriate.
The stated purpose of this pro-ceeding is to assure the public health and safety.
If such as-surances require additional changes to Licensee's Emergency Plan prior to the start of the hearings (or even during the course of the hearings), Licensee will make the necessary revisions.
Of course, intervenors remain free to revise their emergency plan-ning contentions for good cause shown.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE l
By:
/
I Robert E.
Zhhled J
Dated:
December 31, 1979 1768 117
t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
METROPOLITAN EDISON COMPANY
)
Docket No. 50-289
)
(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Response to Request by ECNP for an Extension of Time," dated December 31, 1979, were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 31st day of December 1979.
/
Robert E.
Zahler b
Dated:
December 31, 1979 1768 118
Uh.u;..u STATES CF AMERICA NUCLEAR REGULATORY COMMISSICN SEFORE THE ATCMIC SAFE *Y AND LICENSING 3 CARD In the Matter of
)
)
METROPOLITAN EDISCN COMPANY
)
Dccket No. 50-289
)
(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
dcxvACE LIST Ivan W.
Smith, Esy'd e John A. Levin, Esgaire
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Assistant Ccunsel Aemic Safety and Licensing Pennsylvania Public UtilitI 3 card Panel Cm M ssion U.S. Nuclear Regulatory P. C. Ecx 3265 C m dasion
=a-risburg, Pa-sylvania 17120 Washington, D.C.
20555 Karis W.
Carter, Esq2 ire Dr. Walter E; Jcrdan Assistanu Attorney General Atomic Safeuy and Licensing Cem=cnwealth of Pennsylvania scard Panel 505 Executive Ecuse 881 West Guter Drive P. O. Ecx 2357 Cak Ridge,. Tennessee 37830 Earrisburg, Pannsylvania 17120 Dr. 7 i'da W. Little Robert L. Knupp, Esquire Atomic Safety and Licensing Assistant Solicicer Scard Panel County of Dauphin 5000 Ea 4tage Drive P. C. Box ?
Raleigh, North Carolina 27612 407 North Front Street Harrisburg, Pennsylvania 17108 Janes A. Tourtellette, Esquire office of the Executive Legal Jchn E. Minnich Director Chair =an, Dauphin Ccunty Scard U.S. Nuclear Regulatory of Commissioners Ccmmission Dauphin County Courthouse Washington, D.C.
20555 Front and Market Streets Harrisburg, Pennsylvania 17101 Docketing and Service Sectica Office of the Secretary Walter W.
Cchen, Esquire U.S. Nuclear Regulatory Consumer Advocate Ccmmission Depa-went of Justice.
Washington, D.C.
20555 14e Flecr, Strawberry Square Harrisburg, Pennsylvania 17127 1768 119
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19149 Eclly S. Keck Legislation Chairman y=-jerie M.
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