ML19263F375

Opposition to Mi Lewis Dec 1979 Request for Admission of Revised Contentions.No Nexus Established Between Fuel Rod Defects & TMI-2 Accident.Intervenor Expertise on Control Room Issue Unproven.W/Certificate of Svc

ML19263F375
Person / Time
Site:	Three Mile Island
Issue date:	01/10/1980
From:	Trowbridge G METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8001280043
Download: ML19263F375 (6)

Text

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January 10, 1980

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UNITED STATES OF AMERICA fg, " - @(5 V

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NUCLEAR REGULATORY COMMISSION  ; y V y o O Before the Atomic Safety and Licensing Board -

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I ty, In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restartl (Three Mile Island )

Nuclear Station, Unit 1) )

LICENSEE'S RESPONSE TO MOTIONS FOR REVISED CONTENTIONS ON FUEL RODS AND CONTROL ROOM DESIGN OF MARVIN I. LEWIS In an undated document, received by Licensee on December 31, 1979, Mr. Lewis has moved the Board to admit " revised con-tentions" on the subject of fuel rods and control room de-sign. Licensee objects to these motions for the reasons noted herein. The document also includes other " side issue.s" and

" final comments" by Mr. Lewis, which do not require a response by Licensee.

With respect to Mr. Lewis' first motion regarding fuel rods, he asserts, among other things, that "[f]uel rods failed in TMI #2 during the accident on 3/28," and that "[f]uel rods will fail at TMI #1 during a similar accident." (page 1).

Although Mr. Lewis states at page 4 of the document that "it is obvious and easy to show the importance of fuel rods in a TMI #2 accident scenerio in a general way," tha, document fails 1817 057 8001280 Qi,[ 3

to point to anything in the Commission's At' gust 9 Order on the subject, or to any analysis or investiga' ion of the accident which suggests that fuel rod defects might have contributed to the accident at TMI-2. Accordingly, Mr. Lewis has failed to demonstrate the required nexus between this proposed conten-tion and the TMI-2 accident, and the proposed " revised conten-tion" on fuel rods should be rejected.

As to Mr. Lewis' proposed centention on control room da-sign, he himself acknowledges at page 7 of the document that

" [ol ther parties do have control room design contentions."

The Board recognized at page 59 of its December 18 Order that Mr. Lewis' original contention on control room design (see page 8 of Mr. Lewis' final contentions dated October 22, 1979) was covered by contentions of other parties. Inasmuch as Mr.

Lewis' " revised contention" adds no new substantive elements to the original contention, the same consideration requires rejection of the revised contention. Furthermore, contrary to Mr. Lewis' claim, the references in the original and revised contentions to the design of atomic submarine controls fail, in our view, to set these contentions apart from the other control room contentions that have been admitted. Finally, Mr. Lewis has not demonstrated in his submissions to date that he has special qualifications or expertise on the control room issue; accordingly, there is no basis to conclude.that he could contribute to the consideration of this issue over and 1817 058

above the contributions expected of other intervenors who al-ready have a contention on this subject.

For these reasons, the Board should deny Mr. Lewis' motions to present revised contentions on.Jfuel rods and control r o otc. d e s i g n .

Respectfully submitted, SHAW, PITTMAN, POTT 3 & TROWBRIDGE By: h .

M ./

Q'GevrgeF. Trowbridggf Dated: January 10, 1980 e

1817 059

January 10, 1980 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

MSTROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island )

Nuclear Station, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of Licensee's Response to<

Motions for Revised Contentions on Fuel Rods and Control Room Design, dated January 10, 1980, were served on the persons listed on the attached Service List by deposit in the United States mail, postage prepaid, this 10th ay of Januar 1980.

14ns 5 /

'V Gep'ge F. Trowbridge/

Dated: January 10, 1980 1817 060

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LI O SING SOAPS In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

SERVICE LIST Ivan W. Smith, Esqui e John A. Levin, Esquire c5 a i-a n Assistant Counsel Atcmic Safety and Licensing Pennsylvania Public Utility Board Panel C e ission U.S. Nuclear Regulatory P. O. Box 3265 -

Cc=nission Harrisburg, Pennsylvania 17120 Washington, D.C. 20555 .

- Karin W. Carter, Esquire .

Dr. Walter E! Jordan Assistant Attorney General Atcmic Safety and Licensing Cemnonwealth of Pamsylvania Board Panel 505 Executive Ecuse

, 881 West Guter Drive P. O. Box 2357 Cak Ridge,. Tennessee 37830 Harrisburg, Pennsylvania 17120 Dr. Linda W. Little Robert L. Knupp, Esquire Atemic Safety and Licensing Assistant Solicitor Board Panel County of Daupb4" 5000 Eam4tage Drive P. O. Box P Raleigh, North Carolina 27612 407 North Front Street Harrisburg, Pennsylvania 17108 James R. Tourtellotte, Esquire (41 Office of the Executive Legal John E. Minnich Director Chai..=an, Dauphin County Board U.S. Nuclear Regulatory of Comnissioners Ccmnission Dauphin County Courthouse Washington, D.C. 20555 Front and Market Streets Harrisburg, Pennsylvania 17101 Docke+4,g and Service Section (21)

Office of the Secretary Walter W. Cohen, Esquire U.S. Nuclear Regulatory Consumer Advocate Cemnission Depa ent of Justice.

Washington, D.C. 20555 14th Ploor, Strawberry Square Harrisburg, Pennsylvania 17127 1817 061

0 0 Jced=~ D. C"--4 gham, Isq-4 e Karen Shelden, Esq-4 e Attc==ey fc: Newhe__f Tcw-abd p Sheldon, Ea==cn & Weiss T.F..I. S teering C-

• ttee Suite 506 2320 Ncrth Second St=eet 1725 Iye Street, N.W.

== risburg, Pa-~<ylv==4 a 17110 Was54 gten, C.C. 20006 Thecdcre A. Jala , Isquire 2 chert Q. Pollard Widefd Reage:- Selkcwit: & Adle Chesapeake Energy 31'4="ce P. C. 3cx 1547 609 Montpelier Street

== risburg, Pe==sylvania 17105 Salti=cre, F= fland 21218

-'i T yn Weiss , Esq"* e &=" cey Kepford Shelden, ==~en & Weiss Jnd4 th E. Johns:,:.d

• Suita 506 Z vire== ental Ccalitice en 1725 Eye Street, N.W. Nucla=~ Pcwer Wash 4 gt==, D.C. 20006 433 Orlando Avenue State Cellege, Pa-~<ylv= 4 a 16801 Steven C. ShcIly 304 Scuth Ma-ket Street F= - r._ I. Iewis Mer'-="4 eshurg, Pa- 71v= 4=

17055 6504 Braddcxd Terrace .

Ph41adelphia, Pa--<ylv= 4= 19149 Eclly S. Keck Legislation Chairman F=---jcrie M. Aancdt Anti-Nuclear Grcup Representing R. D. 5 Ycrk ,

245 West Philadelphia Street Coates rille, Pa- 71v>-4 a 19320' York, Pennsylvania 17404 O "

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