ML19312D528
| ML19312D528 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 03/13/1980 |
| From: | Smith I Atomic Safety and Licensing Board Panel |
| To: | CALIFORNIA, STATE OF |
| References | |
| NUDOCS 8003240561 | |
| Download: ML19312D528 (8) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION c i 'o 4
A tocmn ATOMIC SAFETY AND LICENSING E0ARD g7 C2 j
Ivan W. Smith, Chairman 27 AMR 1419303::
Dr. Walter H. Jordan f
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-S Dr. Linda W. Little h;Ensd$.7 bhb N f no e
In the Matter of
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' METROPOLITAN EDISON COMPANY
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Docket No. 50-289
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(Restart)
(Three Mlle Island Nuclear
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Station, Unit No. 1)
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MEMORANDUM AND ORDER ON CEA (.11IENTION 4 AND CEA SUPPLEMENT TO ITS OMNIBUS MOTION TO THE BOARD (March 13, 1980)
In the board's First Special Prehearing Conference Order, December 18, 1979, we ruled:
CEA Contention No. 4 as originally drafted challengea the accuracy of the licensee's offsite radiation monitoring and the perception by the public of that accuracy.
During the special prehearing CEA explained that the reach of the contention was primarily addressed to the public's perception of the accuracy of the licensee's monitoring.
To the extent that the contention is concerned with the public's perception of licensee's truthfulness we regard the contention as being one potentially cognizable under psychological stress issues.
To the extent that it relates to the accuracy of the offsite monitoring the determination ~will be deferred pending CEA's considera-tion of licensee's revised emergency preparedness plans.
Tr, 709, 711.
Id. pp. 47-48.
Subsequently, on February 22, 1980, when we certified to the Commission the-question of psychological stress issues we referred to CEA's Centention :4 (p. 2, n. 2) and forwarded a copy of CIA Contention 4 with -the certification (p. A-2).
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3 it is a psychological stress contention, but because it is a general contention calling for an Environmental Impact Statement.
In' fact 'we viewed CEA Contention 1 to be offered partly in con-trast to a psychological stress contention because the contention avers that "... the scope of an EIS should not be limited to psychological stress issues...."
In reviewing CEA's supplement to its omnibus motion, the board did not then recall t'at CEA Contention 4 was in part a psychological stress contention and that we had so ruled.
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itself did not mention.this, perhaps because it was mistaken in referring to its Contention 1 instead of Contention 4 Now how-ever, having on our own recalled that CEA Contention 4 is a psychological' stress contention, we helieve that CEA's supplement to its omnibus motion may be read to request intervenor funding for CEA on'its psychological stress contention as well as for general purposes in this proceeding.
If this is the case, it is incumbent upon the board to refer CEA's supplement to its omni-bus motion to the Commission, notwithstanding the fact that it is very late for that purpose.
The Commission has reserved to itself total jurisdiction on the issue.
We_ bring this to the attention of the parties for two reasons.
-First,-CEA's filings on.chis issue have been, to the board at least, very confusing.' We will afford CEA an opportunity to clarify its request and _ to explain whether in fact it is seeking funding
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5 reasons. JPp. 14-17.
CEA is equally in-default with respect to the emergency planning aspects of CEA Contention 4, having ignored a specific requirement that CEA consider its monitoring contention in light of licensee's revised plan.
Therefore, the aspect of LCEA Contention 4 relating to the accuracy of the licensee's monitoring plan is dismissed.
In reviewing CEA's filings, we
- note that its discovery. requests to the staff and licensee do not
' include requests concerning CEA Contention 4.
4 THE ATOMIC SAFETY AND LICENSING BOARD J.
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Smith, Chairman Bethesda, Maryland March 13, 1980 c-e
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UNITED STATES OF AMERICA D.
NUCLEAR REGULATORY COMMISSION g.g??
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In the Matter of
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METROPOLITAN EDISON COMPANY, ET AL. }
Docket No.,50-289
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CERTIFICATE OF SERVICE EME i
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I hereby certify that I have this day served the foregoing document (s)
JC upon each person designated on the official service list compiled by E.::;4=
the Office of the Secretary of the Comission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2 -
...fi:J' Rules of Practice, of the Nuclear Regulatory Comission's Rules and ifij[
Regulations.
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Dated at Washington, D. C. this
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h3 j'+k)ll Office'of the Secretary of the Co6 mission
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter'cf--
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METROPOLITAN EDISON COMPANY, ET AL.
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Dccket No. (s) 50-239
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(Ihree Mile Island, Unit 1)
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SERVICE LIST Ivan W. Smith, Esq., Chairman Ellyn Weiss, Esq.
- Atomic Safety and Licensing Board Sheldon, Harmon, Roisman and Weiss U.S. ' Nuclear Regulatory Commission 1725 I Street, N.W., Suite 506
%ashington, D.C.
20555 Washington, D.C.
20006 Dr. Walter H. Jordan 881 West Outer Drive Oak Ridge, Tennessee 37830 Dr. Linda W. Little 5000 Hermitage Drive Raleigh, North Carolina 27612 Ra e n Protection Counsel' for NRC Staff Department of Environmental Resources Office of the Executive Legal Director H
Pennsylvania 17120-U.S. Nuclear Regulatory Commission Washington, D.C.-
20555 Honorable Mark Cohen 512 E-3 Main Capital Building Metropolitan Edison Company Harrisburg, Pennsylvania 17120 AITN:, Mr. J.G. Herbein Vice President P.O. Box 542 Feading, Pennsylvania 19603' George F.- Trowbridge, Esq.
Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W*
Mr. John E. Minnich, Chairman Washington, D.C.
20036 Dauphin County Board of Commissioners Dauphin County Courthouse Karin W. Carter, Esq.
Front and Mafket Streets
, Assistant Attorney General Harrisburg, Pennsylvania 17101 505 Executive House
.P.O.. Box 2357 Walter W. Cohen, Esq.
Harrisburg, Pennsylvania 17120 Consumer Advocate Office of Consumer Advocate -
Strawberry Square,'14th Floor Harrisburg, Pennsylvania 17127
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50-289 (2)
Beard and parties continu.d:
Mr. Marvin I. Lewis Karin P. Sheldon, Esq.
Sheldon, Harmon, Roissan and Weiss 6504.3radford Terrace Philadelphia, Pennsylvania 19149 1725 I Street, N.W.,
Suite 506 Washington, D.C.
20006
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Robert Q. Pollard, Esq.
Chesapeake Energy Alliance Ms. Marjorie M. Aamodt 609 Montpelier Street R.D. #5 Baltimore, Maryland 21218 Coatesv111e, Pennsylvania 19320 Theodore A. Adler, Esq.
Jordan D. Cunningham, Esq.
Widoff, Reager, Selkowitz Fox Farr and Cunningham and Adler, PC 2320 North Second Street P.O. Box 1547 Harrisburg, Pennsylvania 17110 Harrisburg, Pennsylvania 17105 Dr. Chauncey Kepford 4
Dr. Judith H. Johnsrud Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 Ms. Holly S. Keck Legislation Chairman ANGRV 245 Vest Philadelphia Street York: Pennsylvania 17404 Mr. S.: eve:
C. Sho117 304 South Market Street Mechanicsburg, Pennsylvania 17055 John A. Levin, Esq.
Pennsylvania Public Utility Commission P.O. Box 3265 Harrisburg, Pennsylvania 17120 1
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