ML19309C931

Advises of TMI Alert Lack of Financial Resources to Participate in Restart Proceeding.Urges ASLB to Use Power & Good Auspices in Order to Help Provide Funding,Permitting Intervenor Continued Activity in Discovery.W/Svc List

ML19309C931
Person / Time
Site:	Three Mile Island
Issue date:	03/21/1980
From:	Adler T WIDOFF, REAGER, SELKOWITZ & ADLER
To:	Jordan W, Little L, Smith I Atomic Safety and Licensing Board Panel
References
NUDOCS 8004090399
Download: ML19309C931 (3)

Text

.

o s..

WIDOFF REACER SELKOWITZ & ADLER ec ATTORNEYS AND COUNSU10R5 AT law 3552 om crTTysaL*c roAo cAAf Hal.NNSWVANIA 17011 717 761 1383 ttPLv TO PO$f U F C 40X 1%4?

n4As+%K. Pt %Mnv AMA 17105 "r2ODC*t A X Afa Rtri 540 0 4v10 W #1 AQ3 2000L SitiIf. N W W A5MNCTON. DC 200%

UArv & ?tULOW1rz 202 6M 1232 Awtil P W100fy March 21,1980 aON ALD C LINCH OfCOUNWL Ivan W. Smith, Chairman c Atomic Safety and Licensing Board Panel o% D U.S . Nuclear Regulatory Commission 4' Washington, DC 20555 & C00N ts:::,0 ,,,.

Dr. Walter H. Jordan p-MAR 241980 > ~!

881 West Outer Drive cgeg 13: c .ntig Oak Ridge, TN 37830 0::hting 4 Smica s E

c3 g,.,

UC '

Dr. Linda W. Little 5000 Hermitage Drive Np~C'j .,,i Raleigh, NC 27612 Re: In the Matter of Metropolitan Edison Company, Three Mile Island Nuclear Station, Unit No.1, Docket No.59-289 (Restart) .

Dear Chairman Smith and Members of the Board:

Since the outset of the restart hearings, Three Mile Island Alert, Inc., has been an active participant. No other intervenor has so actively questioned the management and financial competency of the Licensee to operate TMI-1. In order to fully develop these two areas, TMIA has utilized depositions and interrogatories.

While depositions are more costly, they are infinitely superior to interrogatories in obtaining important and revealing information.  ;

To this date, TMIA has taken twenty depositions at a cost of almost $2,000, j not including attorney's time. It had planned to complete an additional twenty- j eight by the end of the discovery period, and continue using some depositions for follow-up discovery. That is now impossible, since TMIA has, for all practical I

h 8004090 399 1

__ _ L

Ivan W. Smith, Chairman Dr. Walter H. Jordan Dr. Linda W. Little Page 2 March 21,1980 purposes, depleted allits financial resources. Because of this, the Board will be deprived of information which we believe is essentialif the Board is to adequately deal with the Commission's concerns as expressed in its March 7,1980 Order.

TMIA, Inc., will continue to remain in these proceedings. However, it is crippled by its lack of resources. We submit that TMIA's inability to fully explore the management and financial competency issues willlikewise cripple this Board's ability to develop a full and complete record. In order to avoid this eventuality, we urge the Board to use whatever powers it has to insist that those parties that do have unlimited funding, more specifically, the NRC staff, do more than they have in developing these issues.

Unless and until the Commission approves some type of intervenor funding, TMIA has no option but to make a substantially smaller contribution to these pro-ceedings. It is unfortunate that this Board will be deprived of important input on the management and financial competency of the Licensee, and will, thus, be forced to build a record based upon the self-serving testimony of Licensee and the cross-examination thereof.

When we filed our most recent motion to extend the time for completing depo-sitions, TMIA was hopeful of receiving sufficient funds to complete them. These hopes proved to be false. The indulgence the Board exhibited in granting this motion was, nevertheless, greatly appreciated. If, however, TMIA's financial situation improves, we will again resume active follow-up discovery in accordance with this Board's Order dealing with such discovery.

Very trul yours, h6 Theodore A. Adler TAA/ack l cc: Service List

~

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter cf ) Os

) sgj;r ' 3 METROPOLITAN EDISON COMPANY ) Docket No. 50-289 gj' w

g_' .,, f.

5

) (Restart) '. . . . ~ f -

(Three Mile Island Nuclear ) D i u

~

?

Station, Unit No.1) ) /-M E 'e IC-30 ' .E.

c  : q .; . '.2.ce C2:a..  :.l m

'/,  %/

SERVICE LIST O' ' l .', t \ p '

Ivan W. Smith, Chairman George F. Trowbridge, Esquire Atomic Safety & Licensing Board Panel Shaw, Pittman, Potts & Trowbridge U.S. Nuclear Regulatory Commission 1800 M Street, N.W.

Washington, DC 20555 Washington, DC 20006 Dr. Walter H. Jordan Docketing and Service Section 881 West Outer Drive U .S. Nuclear Regulatory Commission Oak Ridge, TN 37830 Washington, DC 20555 Dr. Linda W. Little Executive Legal Director 5000 Hermitage Drive U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, DC 20555 l

l l