ML19275A656
| ML19275A656 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/17/1979 |
| From: | Berson B, Mulkey M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7910180071 | |
| Download: ML19275A656 (7) | |
Text
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i NRC PUBLIC DOCDENT ROOM UNITED STATES OF leERICA i;UCLEAR REGULATORY COM'1[SSICM 9/17/79 BEFORE THE ATOMIL SAFETY AND LICENSI M ECARD
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In the Matter of
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METROPOLITAN EDIS0il COMPANY, et ai.
Dccket tio. 50-289
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(Three Mile Island, Unit 1)
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NRC STAFF t'0 TION TO SET DATES FOR
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FILING OF DRAFT AND FINAL CONTENTIONS Introduction For the reasons stated belcw, the NRC Staff moves that the Licensing Board set October 5, 1979 as the date by which petitioners to intervene in this proceeding must amend their petitions to include a draft of contentions which they seek to have litigated in this proceeding and set October 22,1979 as the last date on which petitioners may file supplements to their petitions to intervene which "must include a list of the contentions which petitioner [s]
seek to have litigated in [this] matter and the bases for each contention set forth with reasonable specificity." 10 C.F.R. 92.714(a)(3)(b).
'!e set forth below (1) the bases for the Licensing Board's authority to grant this motion; (2) our arguments supporting this motion; and (3) the results of our attempts to solicit the views of licensee and all petitioners known to us on this date respecting this motion.
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. identification by the petitioners, in draf t form, of their contentions will substantially improve the ability of all participants to utilize the tir.e availa for this negotiation process.
Since the October 5,1979 filing of cor
. cions need not meet the requirements of the regulations regarding bases and specificity, we do not believe that the imposition of that manda-tory date for filing draft contentions is unduly burdensome to any petitioner.
In fact, it involves little more than would necessarily be required of peti-tieners to participate in the negotiations regarding cententions contemplated by the Ccmmission's tentative schedule during the twenty-five days crior to the date for filing the list of contentions required by 52.714(a)(3)(b).
In addition, we feel that the earlier identification of potential contentions can permit the Staff's safety review to more fully consider and, where appro-priate, explore the issues identified by petitioners.
Because the Staff's review of the licensee's submittals regarding the actions and concerns iden-tified in the Commissicn's Order has already begun and is proceeding as prcmptly as feasible, this early notice would materially assist the staff in under-standing and analyzing the concerns expressed in contentions.
Views of Other Parties and Petitioners We have solicited the views of licensee on this notion.
Although the Rules of Practice do not provide any cpportunity for non-parties (including, of course, all of the petitioners) to resoond to motions, we have also attempted to reach ar.d solicit the views of all petitioners to intervene under $2.714.-1/
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There m y, cf c a se, be retiticners cf
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s last date for filing timely petitions was September 14, 1979.
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. Cur understanding of their views is as follows:
(1) Counsel for the licensee has no objection to this notion, and woula also like to see November 1 set for filing of responsive positions on contentions and November 8-9 set for the Special Prehearing Conference. The Staff has no objection to the November 1 date, and we have no position at this time regarding the date for the Special Prehearing Conference.
(2) Counsel for the Newberry Township T.M.I. Steering Committee and eleven named individuals, Ms. Keck representing ANGRY, Ms. Berryhill representing CCNPP, and Counsel for PANE all express no objection to the Staff's motion.
(3) Mr. Sholly has no objection to these dates, and Dr. Kepford and Dr. Johnsrud, representing ECNP, have no particular objection to these dates given the Cennission's tentative schedule.
Dr. Kepford and Dr. Johnsrud stated that they are actively involved in several NRC proceedings which de-mand their time during this same period, thus making the Commission's tentative schedule burdensome to them.
In addition, Mr. Sholly and Dr. Kepford and Dr. Johnsrud ex-pressed concern about the availability of and access to documents.
Dr. Kepford and Dr. Johnsrud also expressed concern about t H discovery n"^:ettres =rd tM redy avail,Sility 1185 065
. t of the hearing record for use by interver. ors. While these subjects are beyond the scope of this moticn, we agreed to reoort their expressicns to the Bcard.
'-le expec t that, in the near future, the Staff will report to the Board on our efforts to implement tha provisions of the Ccmmission's Order relating to availability of documents and informal access to Staff consideration of the issues.
(4) We have been unable to reach counsel for UCS, "r.
"arvin I.
2]
- Lewis, Ms. McCaughin representing TMI-Alert, or Mr.
Pollard representing CEA.
We did not attempt to solicit the views of the fcur governmental entities petitioning to participate pursuant to 10 C.F.R. 52.715(c), since they would not be directly affected should the Board grant this motion. We will en-deavor to notify by telephone all petitioners of the Board's ruling on this motion.
In addition, we expect to make provision to have someone available
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in the Harrisburg area on the dates set for filing of draft and/or final con-tentions so that in-hand service to us is possible.
2/ We have written Mr. Lewis recuesting that he send us his telephone number, but have not received an answer.
We have been unable to determine his number through other means.
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. Conclusion For the foregoing reasons, we respectfully cove that the Board set October 5 as the date by which all petitioners must file draft contentions and October 22 as the date by which petitioners rust file contentions in compliance with 10 C.F.R. 52.714(a)(3)(b).
Respectfully submitted, w
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f Marcia E. ?'ulkey Counsel for tiRC Staff j,w[
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Bruce A. Eerson Counsel for tiRC Staff Cated at Bethesda, "aryland this 17th day of Statember, 1979.
1185 067
UNITED.TATES OF A*' ERICA I;UCLEAR REGULATORY CO:iMISSION BEFORE THE ATCMIC SAFETY Al'D LICENSI':G E0ARD In the Matter of
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METROPOLITti EDISON COMPANY,
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(Three Mile Island, Unit 1)
CERTIFICATE OF SER'! ICE I hereby certify that ccpics of '"RC STAFF 'dOTIO:1 TO SET CATES FCR FILI!:G CF DRAFT AND FINAL CCK.31TIONS" in the above-ceptioned proceedir.g Pave been served on the following by denosit in the United States mail, first class or, as indicated by a single asterisk, through deposit in the Uclear RegJlatory Ccmmissicn's internal tail system or, as indicated oy a double asterisk, hand-delivered, this 17th day of September, 1979:
- Ivan W. Smith, Esq.
Ellyn Weiss, Esq.
Ato lic Safety & Licansing Board Panel Sheldon, Har on, Roisman and !leiss U.S. Nuclear Regulatory Commission 1025 15th Street, ft.W.
Washington, D. C.
20555 Washington, D.
_C. 20005 Dr. Walter H. Jordan Mr. Steven C. Sholl 831 W. Outer Drive 304 South Market Street
~0ak Ridge, Tennessee 37830 Mechanicsburg, Penn ylv nia 17C55 Dr. Linda W. Little 5000 Hermitage Drive Mr. Thomas Gerusky Raleigh, North Carolina 27612 Bureau of Radiation Protection Departacnt of Environmental Resources George F. Trowbridge, Esq.
P.O. Box 205:
Shaw, Pittman, Potts & Tro',sbridge Harrisburg, Pennsylvania 17120 1800 M Street, fl.W.
Washington, D. C.
20005 Mr. fiarvin I. Lewis 6504 Bradford Terracer Karin W. Carter, Esq.
Phil delphia, Pennsylvania 19149 505 Executive fouse P. O. Cox 2357 Metropolitan Ecison Company Harrisburg, Pent.sylva:ia 17120 Attn:
J. G. Herbein, ' lice President P.O. Fr. 50?
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s honorable Mark Cohen 512 E-3 Main Capital Building Ms. Jane Lee Harrisburg, Pennsylvania 17120 R.D. 3; Cox 3521 Etters, Pennsylvania 17319 1185 068
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Wal ter '.l. Cchen, Consua,ar Advocate H0lly S. Keck Anti-Nuclear Group Representing Department of Justice York Strawberry Square,14th Floor Harrisburg, Pennsylvania 17127 245 W. Philadelphia Street York, Pennsylvania 17404 Robert L. Knupp, Esq.
Assistant Solicitor John Levin, Esq.
Pennsylvania Public Utilities Comm.
Knupp and Andrews Box 326C P.O. Box P Harrisburg, Pennsylvania 17120 407 N. Front Street Harrisburg, Pennsylvania 171C8 Jordan D. Cunningham, Esq.
Fox, Farr and Cunningham John E. Minnich, Chairman 2320 North 2nd Street Dauphin Co. Board of Coalissioners Harrisburg, Pennsylvania 17110 Dauphin County Courthouse Front and I'arket Sts.
Harrisburg, Pennsylvania 17101 Ms. Kathy McCaughin Three Mile Island Alert, Inc.
Atomic Safety and Licensing Appeal Board 23 South 21st Street U.S. Nuclear Regulatory Comission Harrisburg, Pennsylvania 17104 Washington, D. C.
20555 Atomic Safety and Licensing Board Panel Ms. Ellyn R. Weiss U.S. Nuclear Regulatory Commission Sheldon, Harmen, Roisman & Weiss Washington, D. C.
20555 1725 I Str et, N. W.
Suite 506 Decketing and Sei tice Section Washington, D. C.
20006 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Ms. Karen Sheldon Sheldon, Harmon, Roisman & Weiss Robert Q. Pollard 1725 I Street, M. W Chesapeak Energy Alliance Suite 506 609 Montpelier Street Washington, D. C.
20C06 Baltimore, Maryland 21218 Chauncey Kepford
,b i 5 }Jt e(1k -y x Ng y Judith H. Johnsrud Environc. ental Coalition en Nuclear Power 433 Orlando Avenue James Tourtellotte State College, Pennsylvania 16801 Assistant Chief Hearing Counsel Ms. Frieda Serryhill, Chairnan Coaliticn for Nuclear Power Plant Postponement 2610 Grencon Crive Wilmingten, Delaware 19308
?rof..' ul C.rrici 17 South 29th Street C rp Hill, Pennsylvania 17011 1185 069