ML19305B937

Response Containing Further Objections to Sc Sholly Interrogatories08-019 & 08-024 of Second Set of Interrogatories.Questions Re Licensee Statements & Assumptions Are Burdensome & Overbroad.W/Certificate of Svc

ML19305B937
Person / Time
Site:	Three Mile Island
Issue date:	02/25/1980
From:	Zahler R METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8003250366
Download: ML19305B937 (6)

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February 25, 1980 gE c h

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T4 9 UNITED STATES OF AMERICA b^

q t, NUCLEAR REGULATORY COMMISSICN

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', / ; , , y BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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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) )

LICENSEE'S FURTHER OBJECTIONS TO THE SECOND SET OF INTERROGATORIES FROM STEVEN C. SHOLLY On February 8, 1980, Licensee objected to the emergency planning interrogatories filed by intervenor Steven C. Sholly on the ground that such interrogatories were untimely. During the second special prehearing conference held on February 13, 1980, the Licensing Board overruled Licensee's objections as to the un-timeliness of the interrogatories. At that time, the Licensing Board also set forth a revised schedule for discovery. This i

schedule providas that objections to discovery requests made be-fore February 13, 1980, shall be served on or before February 25, 1980 (Memorandum on Revised Discovery Schedule, dated February 20, 1980). In accordance with this directive, Licensee raises the j following objections to Mr. Sholly's second set of interrogatories:

Interrogatory No.08-019 l

NUREG-0396 at page I-4 concludes that discussion of a spectrum of accidents in Classes 1 through 8 is too limited in scope to be useful in emergency planning. Identify each statement in Licensee's Emergency Plan which takes into account any accident 1

- s beyond the design basis of TMI-1. Specify how Licensee's Emer-gency Plan takes into account accidents beyond the design basis for TMI-1, particularly with reference to assumptions utilized in determining the time available for identification of an acci-dent, assessment of the seriousness of the accident, notifica-tion of off-site authorities, implementation of protective actions, and confirmation of the completion of the protective actions.

Objection Licensee objects to this interrogatory to the extent it requests Licensee to "[ildentify each statement" in the Emergency Plan that takes into account accidents beyond the design basis of TMI-1. As directed by the Licensing Board (see Third Special Pre-hearing Conference Order at 8-9 & 21, dated January 25, 1980), in responding to this interrogatory and to interrogatory 08-006 (First Set) Licensee will describe the consideration given to Class 9 accidents in developing its Emergency Plan. This explanation will provide references to appropriate sections of the Emergency Plan.

However, it would be unduly burdensome, and little purpose would be served thereby, to identify each statement in the Emergency Plan which reflects such considerations. Moreover, given the information that Licensee will provide, Mr. Sholly will be in as good a position as Licensee to identify each such statement if  !

i he so desires, i

Interrogatory No.08-024 1

Specify'any and all assumptions upon which the TMI Emergency Plan l is based. Discuss each such assumption and explain why it is ap- l propriate and what it's [ sic] basis is in fact.

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objection Licensee objects to this interrogatory as overly broad l

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and ambiguous. There is no conceivable manner in which Licensee can " identify" all assumptions that may have been made in develop-ing the Emergency Plan. Indeed, Licensee's understanding of such

" assumptions" may well differ from Mr. Sho11y's. In this regard, Mr. Sholly is as capable as Licensee to review the Emergency Plan and, on the basis of the language therein, to determine for him-self the extent of any " assumptions" that he believes may have been made. Moreover, given the very broad scope of the interrogatory, responding would be extremely burdensome.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By:

Robbrt E. ZahMr Counsel for Licensee Dated: February 25, 1980 l

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February 25, 1980 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 Further Objections to the Second Set of Interrogatories from Steven C.

Sholly", were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 25th day of February, 1980.

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Robert E. Z hler l

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Dated: February 25, 1980 1

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) )

SERVICE LIST Ivan W. Smith, Esquire John A. Levin, Esquire Chai man Assistant Counsel Atmic Safety and Licensing Pennsylvania Public Utility Cmm'n Board Panel Post Office Box 3265 U.S. Nuclear Pegulatory Cmmission Harrisburg, Pennsylvania 17120 Washington, D.C. 20555 Karin W. Carter, Esquire Dr. Walter H. Jordan Assistant Attorney Ganoral Atcznic Safety and Licensing 505 Executive House Beard Panel Post Office Box 2357 861 West Outer Drive Harrisburg, Pennsylvania 17120 Oak Ridge, Tennessee 37830 John E. Minnich Dr. Linda W. Little Chairman, Dauphin County Board Atcznic Safety and Licensing of Ccmnissioners Board Panel Dauphin County Courthouse 5000 Hermitage Drive. Front and Market Streets Raleigh, North Carolina 27612 Harrisburg, Pennsylvania 17101 James R. Tourtellotte, Esquire Walter W. Cohen, Escuire Office of the Executive Iegal Director Consumer Advocate U. S. Nuclear Regulatory Ccmnission Office of Consumer Advocate Washington, D.C. 20555 14th Floor, SP h rq Square Harrisburg, Pennsylvania 17127 Docketing and Service Section Office of the Secretary U. S. Nuclear Regulatory Ccmnissbn Washington, D.C. 20555 p

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Jordan D. Cunningham, Esquire Karin P. Sheldon, Escuire

-AttoOwy for Newberry Township Attorney for People Against Nuclear T.M.I. Steering Cmmittee Energy 2320 North Second Street Sheldon, Harmon & Weiss Harrisburg, Pennsylvania 17110 1725 Eye Street, N.W., Suite 506 Washington, D.C. 20006

'Iheodcre A. Adler, Esquire Widoff Reager Selkowitz & Adler Robert Q. Pollard Post Office Box 1547 Chesapeake Energy Alliance Harrisburg, Pennsylvania 17105 609 Montpelier Street Baltimore, Maryland 21218 Ellyn R. Weiss, Esquire Attorney for the Union of Concerned Chauncey Kepford Scientists Judith H. Johnsrud Sheldon, Harnon & Weiss Environmental Coalition on Nuclear 1725 Eye Street, N.W., Suite 506 Power Washington, D.C. 20006 433 Orlando Avenue State College, Pennsylvania 16801 Steven C. Sholly 304 South Market Street Marvin I. Iewis Mechanicsburg, Pennsylvania 17055 6504 Bradford Terrace Philadelphia, Pennsylvania 19149 Gail Bradford Holly S. Keck Marjorie M. Aamodt Iagislation Chairman R. D. 5 Anti-Nuclear Group Pepresenting York Coatesville, Pennsylvania 19320 245 West Philadelphia Street York, Pennsylvania 17404

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