ML19308C506
| ML19308C506 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/22/1980 |
| From: | Chandler L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8001280038 | |
| Download: ML19308C506 (4) | |
Text
01/22/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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METROPOLITAN EDIS0N COMPANY, ET AL.
Docket No. 50-320 (Three Mile Island Nuclear
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Station, Unit 2)
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NRC STAFF'S MOTION TO WITHDRAW SUBP0EN4 On Mcrch 15, 1979, the NRC Staff served a subpoena, issued by the Chairman of this Atomic Safety and Licensing Appeal Board, on Captain Thomas C.
Mangold, an employee of Trans World Airlines.
This subpoena was continued pending the rescheduling of the subject hearing, which had been postponed as a consequence of the March 28, 1979 accident at the facility.
In response to notice of the rescheduling of the hearing, formally provided by Counsel's letter of December 12, 1979, Captain Mangold advised Counsel of his unavailability on the date set by the Appeal Board.
Captain Mangold's unavailability is due to a long standing personal commitment which will place him outside of the United States on the date in question.
The Staff understands that to require Captain Mangold's presence on February 25, 1980, would be a great inconvenience to him. At the same time, the Staff does not believe that excusing Captain Mangold from appearing on that date l
h 800128o OM
. would compromise its presentation or the completeness of the record on this issue. To assure that, the Staff proposes to call Captain Clark Billie, also a TWA employee and elicit his testimony.
Accordingly, the Staff respectfully moves (1) to have the Appeal Board fonnally excuse Captain Mangold from appearing on the date in question and (2) to withdraw its subpoena of Captain Thomas C. Mangold.
The Staff will, under separate cover, ask that the Chainnan of the Appeal Board issue a subpoena directing the attendance of Captain Billie.1!
Staff counsel has discussed this matter with counsel for Licensee and the Commonwealth of Pennsylvania and Intervenor's representative, and is authorized j
to represent to the Appeal Board that they have no objection to the Staff's motion.
Res ctfully submitted,
>>8Y1 Lawrence. Chandler Counsel for NRC Staff Dated at Bethesda, Maryland this 22nd day of January,1980 1/
Captain Billie was notified of the date and general location of the hearing by phone on January 18, 1980.
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.s UNITED STATES OF AMERICA NUCLEAR REGITLATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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METROPOLITAN EDISON COMPANY, ET AL.
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Docket No. 50-320
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.(Three Mile Island Nuclear Station,
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Unit 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S MOTION TO WITHDRAW SUBPOENA" 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, through deposit in the Nuclear Regulatory Commission's internal mail system, this 22nd day of January, 1980:
Alan S. Rosenthal, Esq., Chairman
- D. Chauncey R. Kepford Atomic Safety and Licensing Appeal Citizens for a Safe Environment Board 433 Orlando Avenue U.S. Nuclear Regulatory Commission State College, PA 16801 Washington, DC 20555 Karin W. Carter, Assistant Dr. W. Reed Johnson, Member
- Attorney General Atomic Safety and Licensing Appeal Office of Enforcement Board Dept. of Environmental Resources U.S. Nuclear Regulatory Commission 709 Health and Welfare Building Washington, DC 20555 Harrisburg, PA 17120 Dr. John H. Buck, Member
- George F. Trowbridge, Esq.
Atomic Safety and Licensing Appeal Shaw, Pittman, Potts & Trowbridge Board 1800 M Street, N.W.
U.S. Nuclear Regulatory Commission Washington, DC 20036 Washington, DC 20555 Ms. Judith H. Johnsrud Mr. Gustave A. Linenberger*
433 Orlando Avenue 1i Atomic Safety and Licensing Board State College, PA 16801 l
U.S. Nuclear Regulatory Commission i
Washington, DC 20555 Atomic Safety and Licensing Board Panel
- Dr. Ernest O. Salo U.S. Nuclear Regulatory Commission Professor, Fisheries Research Washington, DC 20555 Institute, WH-10 College of Fisheries Atomic Safety and Licensing Appeal.
University of Washington Panel (5)*
Seattle, WA 98195 U.S. Nuclear Regulatory Commission Washington, DC 20555
Docketing and Service Section (7)*
Office of the Secretary U.S. Nuclear Regulatory Comission Washington, DC 20555 l
A'1_W hh Lakrence J. Chandler Counsel for NRC Staff}