ML19262C575

Motion for Extension Until 800128 to Complete Discovery,Due to Voluminous Documents,Need for Thorough Technical Review, Unavailability of NRC Safety Evaluation & New Development Re Rogovin Rept.Certificate of Svc Encl

ML19262C575
Person / Time
Site:	Three Mile Island
Issue date:	02/28/1980
From:	Adler T THREE MILE ISLAND ALERT, WIDOFF, REAGER, SELKOWITZ & ADLER
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19262C570	List: ML19262C569 ML19262C572 ML19262C575
References
NUDOCS 8002140540
Download: ML19262C575 (5)

Text

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<  : :7 g a o UNITED STATES OF AMERICA 5 'a r 5 NUCLEAR REGULATORY COMMISSION

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il C"b dt'.a & mfuy BEFORE THE ATOMIC SAFETY AND LICENSING BOARb), ' .l((#N3 /

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In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No.1) )

MOTICN OF TMIA, INC. FOR ENLARGEMENT OF TIME WITHIN WHICH TO COMPLETE DISCOVERY TMIA, Inc., by its attorneys, Widoff Reager Selkowitz & Adler, P.C.,

pursuant to 10 CFR Section 2.730, moves this Board to enlarge the period of time within which to complete discovery and sets forth, therefor, the following reasons:

1. In response to interrogatories filed by TMIA, Inc., Licensee has identified no less than 60,000 relevant documents that must be examined, at least in part, before TMIA, Inc..can begin its depositions cf Licensee officials.

2 In response to interrogatories filed by TMIA, Inc., Licensee has identified at least 300 individuals who may have intormation relevant to the contentions raised by TMIA, Inc. . Although 8002140

Licensee has supplied "last-known" addresses cf these individuals, many have moved and it is time-consuming to track these people down. Most, if not all cf these people, may have first hand knowledge of the management and maintenance short-comings cf Licensee, an issue that this Board has been specifically directed to take evidence on by the Commission in its August 9,1979 Order.

3. In response to interrogatories filed by TMIA, Inc., the Commonwealth has supplied hundreds of pages of radiation readings which must be evaluated in order to develop and present coherent and persuasive testimony related to the long-term health effects cf the reopening of TMI-1.

4. On January 16,1980, TMIA, Inc. received 62 interrogatories with multiple parts, from Licensee. These interrogatories require a thorough technical review and it is physically impossible that they can all be answered by February 16,1980, the date upon which discovery is scheduled tc Se concluded.

5. As TMIA, Inc. interviews more people whc knowledge of Licensee's operations, it has become increas.agly clear that Licensee's responses to interregatories have been substantively -

narrow. Thus, it has resulted in additional expenditures of time by TMIA in following up initial interrogatories with supplemental ones.

6. TMIA, Inc. presently intends to take the depositions of fifty-seven employees of the Licensee. Notice of these depositions is being mailed simultaneously with this request. It is anticipated that additional depositions will be required .

7. 'IMIA, Inc. has not been dilatory in pursuing discovery, in that it has:

(a) submitted four sets of interrogatories to Licensee, one set to the Commonwealth of Pennsylvania and one set to the NRU staff; lb) has had two attorneys, one law clerk and four volunteers reviewing documents provided in Middletown, Reading and Harrisburg, and (c) has contacted or attempted to contact 67 prospective witnesses.

8. The NRC staff has not prepared the required SER, and, therefor, the restart hearing cannot begin untilit has been submitted and reviewed .

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9. On January 24, 1980, the report cf the Rogovin group was released publicly. Although TMIA, Inc. has not yet received a copy of the report, news reports indicate that new information has been developed and that this information will provide the basis for additional discovery.

10. If the discovery period is not extended it will be impossible for TMIA, Inc. to complete its discovery and to respond to the discovery requests of other parties.

WHEREFORE, TMIA, INC. respectfully requests that this Board amend its Order of December 16, 1979, to provide that discovery may continue until May 16,1980.

Respectfully submitted, WIDOFF R GER SELKOWIT & ADLER,P.C .

By: -

Th'eodore A. Adler

/

Dated: January 28, 1980

WTLD conItHwosny,, ,

CERTIFICATE OF SERVICE I do hereby certify that I served a true and correct copy of the foregoing document on the below listed parties by first-class mailing:

Ivan W. Smith, Esquire Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 m

Dr. Walter H. Jordan G 4

881 West Outer Drive ps ,7 Oak Ridge, TN 37830 ,.-;W . 9 g

~ O .nc7.7 -

Dr. Linda W. Little h A'" -

5000 Hermitage Drive -

T@ d Raleigh, NC 27612 9, qq .

George F. Trowbridge, Esquire , ..-

Shaw, Pittman, Potts & Trowbridge(,4dd,g.

1800 M Street, N.W.

Washington, DC 20006 Docketing and Service Section U .S . Nuclear Regulatory Ccmmission Washington, DC 20555 Executive Legal Director U.S. Nuclear Regulatory Commission Washington, DC 20555

/ga &( -

/ Theodore A. Adler

/

Dated: January 28, 1960