ML19305D974
| ML19305D974 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/14/1980 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8004170055 | |
| Download: ML19305D974 (4) | |
Text
s Staff 4/14/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND !.ICENSING BOARD In the Matter of
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g METROPOLITAN EDIS0N COMPANY, Docket No. 50-289 ET AL.
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(Three Mile Island, Unit 1)
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NRC STAFF'S ANSWER IN OPPOSITION TO MR. LEWIS' PETITION FOR ADDITION OF A NEW CONTENTION 1
In his Petition for the Addition of a New Contention of April 3,1980, Mr. Lewis seeks to have the following contention admitted to the proceeding:
In the event of a repeat of the TMI #2 3-28-79 accident
[at Tf11 #1], these same systems [those required to operate to keep the reactor in a safe condition after the accident on 3-28-79] will have to operate unattended for over a year. These same systems must be qualified at TMI #1 to operate unattended for over one year before restart of TMI #1.
For the reasons set forth below the NRC Staff opposes Mr. Lewis' petition.
d/ ecause the Board believed that his contention concerning filters and preheaters B
was important and should be included in the issues to be determined at the hearing, because it was not advanced by any other party, and because the Board believed that he could make a contribution to the record with respect to that contention, the Board as a matter of discretion admitted Mr. Lewis and his single contention to this proceeding, even though he did not demonstrate standing to intervene. Mr. Lewis was admitted to this proceeding on a " strictly limited basis." He may engage in discovery r.d present evidence on only his one contention. He may not cross-examine witnesses on the contentions of other intervenors or on Board-initiated issues.
First Special Prehearina Conference Order (December 18,1979) at 59.
80 0$170 0 5 5
1 Mr. Lewis claims that his present petition "is an answer to the Comission's Order of 3-14 and the Board's Memo and Order of 3-28-80."
The Staff believes that Mr. Lewis has misunderstood both.
NeitherprovidesanopportunityforraisiTng new issues.
At most the Licensing Board has provided the parties an opportunity to dispute its interpretation of the Commission's March 14 Order and to seek reconsideration of contentions rejected because they sought to require resolution of long-term actions prior to restart of TMI-1.
Mr. Lewis has done neither.
Nor has Mr. Lewis raised a "new" contention. The contention he seeks to have admitted as a "new" contention is covered by Union of Concerned Scientists' 2
Contention 12.
f Moreover, Mr. Lewis has not provided any basis for the Board to assume that he may reasonably be expected to assist in developing a sound record on the UCS contention.
Clearly, in the case of an intervenor admitted to the proceeding in the Licensing Board's discretion, that is the primary factor to be considered by the Board in deciding to allow that intervenor to participate in the resolution of particular issues admitted to the proceeding. 3/
Thus Mr. Lewis has not advanced a new contention or provided a basis for his participation in this proceeding to be broadened.
For all the reasons stated above Mr. Lewis' petition should be denied.
Respectfully submitted, 4
7 ANTg James M. Cutchin IV Counsel for NRC Staff Dated at Bethesda, Maryland, this 14th day of April, 1980.
SAppendix to First Special Prehearing Conf rence Order.
3 Portland General Electric Company (Pebble Springs Nuclear Plant, Units 1 and 2),
CLI-76-27, 4 NRC 610, 616 (1976).
1 UNITED STATES OF AMERICA fiUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AllD LICEftSING BOARD In the Matter of i
METROPOLITAN EDIS0N COMPANY,
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(Three Mile Island, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER IN OPPOSITION TO MR. LEWIS' PETITION FOR ADDITION OF A NEW CONTENTION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk by deposit in the Nuclear Regulatory Commission internal mail system, this 14th day of April,1980:
- Ivan W. Smith, Esq.
Ellyn Weiss, Esq.
Sheldon Harmon, Roisman & Weiss Atomic Safety & Licensing Board Panel U.S. Nuclecr Regulatory Commission he50 Washington, D. C.
20555 Washington, D.C.
20006 Dr. Walter H. Jordan Mr. Steven C. Sholly 881 W. Outer Drive 304 South Market Street Oak Ridge, Tennessee 37830 Mechanicsburg, Pennsylvania 17055 Dr. Linda W. Little 5000 Hermitage Drive Mr. Thomas Gerusky Raleigh, North Carolina 27612 Bureau of Radiation Protection Department of Environmental Resources George F. Trowbridge, Esq.
P.O. Box 2063 Shaw, Pittman, Potts & Trowbridge Harrisburg, Pennsylvania 17120 1800 M Street, N.W.
Washington, D. C.
20006 Mr. Marvin I. Lewis 6504 Bradford Terrace Karin W. Carter, Esq.
Philadelphia, Pennsylvania 19149 505 Executive House P. O. Box 2357' Metropolitan Edison Company Harrisburg, Pennsylvania 17120 Attn:
J. G. Herbein, Vice President P.O. Box 542 Reading, Pennsylvania 19603 Honorable Mark Cohen 512 E-3 Main Capital Building Ms. Jane Lee Harrisburg, Pennsylvania 17120 R.D. 3; Box 3521 Etters, Pennsylvania 17S19
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Walter W. Cohen, Consumer Advocate Holly S. Keck Department of Justice Anti-fluclear Group Representing Strawberry Square,14th Floor York Harrisburg, Pennsylvania 17127 245 W. Philadelphia Street York, Pennsylvania 17404 its. Karen Sheldon Sheldon, Harnon, Roisman a Weiss John Levin, Esq.
1725 I Street, II.W.
Pennsylvania Public Utilities Com.
Suite 505 Box 3265 Washington, DC 20006 Harrisburg, Pennsylvania 17120 Ms. Frieda Berryhill, Chairman Jordan D. Cunningham, Esq.
Coalition for iluclear Power Fox, Farr and Cunningham Plant Postponenent 2320 liorth 2nd Street 2619 Grendon Driv 2 Harrisburg, Pennsylvania 17110 llilaington, Delaware 19898 Ms.KathyMcdaughin Three Mile Island Alert Inc.
- Atomic Safety and Licensing Appeal Board 23 South 21st Street U.S. fluclear Regulatory Commission Harrisburg, Pennsylvania 17104 Washington, D. C.
20555
- Atomic Safety and Licensing Board Panel f kj rie M. Aamodt s M U.S. Iluclear Regulatory Commission Coai.e$ville, Pennsylvania 19320 Washington, D. C.
20555 Senator Allen R. Carter
- Docketing and Service Section iS "
b5 e islative Comnittee on Eneroy
'a iii D
Post Office Box 142 Suite 513 Senate Gressette Building Robert 0. Pollard 609 Mont'pelier Street Baltimore, Maryland 21218 Chauncey Kepford Judith H. Johnsrud Environmental Coalition on fluclear Power 433 Orlando Avenue State College, Pennsylvania 16801
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'N James M. Cutchin IV 4
Counsel for NRC Staff
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