ML19257D060

Motion to Clarify or Modify 800111 Second Special Prehearing Conference Order Admitting Sc Sholly Contention 16.Urges Limitation of Contention to Industrial Security Threat Posed by Unit 2 Decontamination Activities.W/Certificate of Svc

ML19257D060
Person / Time
Site:	Three Mile Island
Issue date:	01/21/1980
From:	Blake E METROPOLITAN EDISON CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8001310306
Download: ML19257D060 (6)

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. 1/21/80 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, Unit 1) )

LICENSEE'S MOTION TO CLARIFY OR MODIFY SECOND SPECIAL PREHEARING CCNFERENCE ORDER In its Second Special Prehearing Conference Order of January 11, 1980, the Board admitted, inter alia, Sholly Contention 16 concerning internal security at TMI-1. Licensee moves the Board to clarify, or alternatively to modify, this aspect of its Order.

The Board ruled that Sholly Contention 16 is within the scope of this proceeding because it raises as a concern the potential threat to Unit 1 security due to the decon". amination and recovery activities at Unit 2, and Licensee is required by the Commission's August 9 Order to " demonstrate that decontamination and/or restoration operations at TMI-2 will not affect safe operations at TMI-1."*

The Board further ruled that Contention 16 was timely filed because

• The Board did not rule on the question whether Contention 16 would also come within the ambit of other issues set forth by the Commission and referenced by Mr. Sholly. We note, however, that of the four issues cited by Mr. Sholly, two are related to Unit 1/ Unit 2 interface upon which the Board rested its ruling, the third is emergency planning which is totally irrelevant, and the fourth involves only management capabilities and technical resources.

1841 354 800131 0 3d2d

. a document recently released by the Kemeny Commission discloses that a study done for the Kemeny Commission staff " expressed concern over the internal security situation on Three Mile Island, due to Unit 2 decontamination and restoration activities."

Mr. Sholly's Contention 16, however, may be read as far broader than merely raising a concern over the problems posed to Unit 1 industrial security by the activities underway at Unit 2. It can be read as questioning the adequacy of internal security measures at TMI-l independent of the impact of additional activities at TMI-2.

It is this ambiguity which Licensee seeks to avoid.

Prompt resolution of the scope of Contention 16 is necessary in connection with discovery as well as preparations for the evidentiary hearing. If, as admitted, Contention 16 raises as the sole issue the threat posed to Unit l's security from the ongoing activities at Unit 2, then Licensee believes the proprietary problems associated with the release of detailed security plan information through discovery and hearings open to the public can be avoided or minimized. Licensee's case could rely primarily or exclusively on the physical separation of the units, separate security organizations, and separate badging requirements. If, on the other hand, Contention 16 is more broadly construed to challenge generally the adequacy of security at Unit 1,** in addition to the unique concerns connected

• • Such a construction would not, in Licensee's view, be consistent with the Board's rationale for rejecting TMIA Contention 4 as explained by the Board at pages 10-11 of its Second Special Pre-hearing Conference Order dated January ll, 1980.

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with activities at Unit 2, then proprietary problems are evident during both discovery and the evidentiary hearings. Faced with a general attack on the adequacy of internal security at TMI-1, we cannot new envision a case using non-proprietary discovery and evidence alone.

Accordingly, Licensee requests that the Board now clarify or alternatively modify its Second Special Prehearing Conference Order of January 11, 1980, to specify that Contention 16 is limited to the industrial security threat posed to Unit 1 by the decontamination and recovery activities underway at Unit 2 of the Three Mile Island Nuclear Generating Station.

Respectfully submitted, f//: W f W . $ 7 N , 0./.

Ernest L. Blake, Jr. '

Counsel for Licensee 1841 356

. 1/21/80 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing LICENSEE'S MOTION TO CLARIFY OR MODIFY SECOND SPECIAL PREHEARING CONFERENCE ORDER was served upon those persons on the attached Service List by mail, postage prepaid, this 21st day of January, 1980.

0&? $. ldhN, ,h.

Ernest L. Blake, Jr.

Dated: January 21, 1980.

UNITED STATES OF AMERICA NUCLEAR REGULATORY CCSD1ISSION BEFORE THE ATCMIC SAFETY AND LICENSING 3 CARD In the Matter of )

)

METROPOLITAN EDISCN CCMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

SERVICE LIST Ivan W. Smith, Esquire Jchn A. Levin, Esqaire Caiman Assistant Counsel Atcric Safety and Licensing Permsylvania Public Ctility Ca m'n Board Panel Post Office Scx 3265 U.S. Nuclear Pegulatory Ccmission Harrisburg, Permsylvania 17120

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Washington, D.C. 20555 Karin W. Carter, Esgaire Dr. Walter H. Jordan Assistant Attorney C+.rneral A cmic Safety and Licensing 505 Executive House Ecard Panel Pcst Office Ecx 2357 881 West Cuter Drive Harrisburg, Pennsylvania 17120 Cak Pidge, Terressee 37830 John E. Mirmich Dr. Linda W. Iittle Chairan, Dauphin County Ecard Atcric Safety and Licensing of Ccmissioners Scard Panel Dauphin Cctn:; Ccurecuse 5000 Ee ritage Crive Front and M.5L-ket Streets Paleigh, North Carclir.a 27612 Harrisburg, Pennsylva.ia 17101 James R. Tcurtellette, Esquire Walter W. Cchen, Esquire Office of the Executive Iagal Director Constrer Adyccate U. S. Nuclear Pegulatory Ccanissicn Office of Constrer Advccate Washing cn, D.C. 20555 14th Flcor, Strate! Scuare Harrisburg, Pennsylvania 17127 Dccketing and Service Secticn Office of the Secretary U. S. Nuclear Pegulatory C=rissicn Washingtcn, D.C. 20555 1861 358

Cordan D. Cunninghan, Escuire Karin P. Sheldon, Escuire Attorney for :' eater:7 Tcwnship Attorney for Pecple Agai .st Nucler T.M.I. Steering Ccati--= r ergy Sheldcn, F - cn & Weiss 2320 North Second Street 1725 Eye Street, N.W. , Suite 506 Harrisburg, Pennsyhnnia 17110 20006 Washington, D.C.

Theodore A. Adler, Esquire Widoff Peager Se1%cwit: & Adler Pctert Q. Pollard Post Office Scx 1547 Cesapeake Energy Alliance Harrisburg, Pennsylvania 17105 609 Mcntpelier Street Baltincre, Maryland 21218 Ellyn R. Weiss, Esquire Attorney for the Unicn of Ccncerned Chauncey Kepferd Scie.tists Judith H. Jchns=d Sheldon, Har cn & Weiss Envi=rrental Ccalition on Nuclear 1725 Eye Street, N.W., Suite 506 Pcwer Washington, D.C. 20006 433 Orlando Avenue State Collece, Pennsyhania 16801 Steven C. Sholly 304 Scuth Market Street Marvin I. Leais Mechanicsburg, Pennsylvania 17055 6504 Bradford Terrace Philadelphia, Pennsylvania 19149 Gail Bradford Holly S. Keck Marjorie M. Aartdt Legislation Cairan R. D. 5 Anti-Nuclear G cue Pepresenting York Coatesville, Pennsylvania 19320 245 West Philadelphia Street York, Pennsylvania 17404 1811 559