ML19321A153
| ML19321A153 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/09/1980 |
| From: | Smith I Atomic Safety and Licensing Board Panel |
| To: | PEOPLE AGAINST NUCLEAR ENERGY |
| Shared Package | |
| ML19321A150 | List: |
| References | |
| NUDOCS 8007220533 | |
| Download: ML19321A153 (5) | |
Text
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Bd 7/9/80 pyg UNITED STATES OF AMERICA gy-g NUCLEAR REGULATORY COMMISSION s#
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ATOMIC SAFETY AND LICENSING BOARD UCDc3
\\1 USNRc Ivan W. Smith, Chairman Dr. Walter H. Jordan N
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1 Dr. Linda W. Little
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\\B M e & g & Ser,i:e Branch
\\d In the Matter of
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METROPOLITAN EDISON COMPANY
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Docket No. 50-28
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(Three Mile Island Nuclear
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Station, Unit No. 1)
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JUL 17 G80 1j MEMORANDUM ON PANE'S REQUEST FOR BOARD GUIDANCE C E 3 tI D W b /
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(July 9,1980) eD P
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On June 23, 1980 the board i=plemented a schedula. 6 ge prehearing activities which, inter alia, concludes discovery and requires the filing of written testimony, proposed exhibits, out-lines and cross-examination plans.
The schedule sets into action a series of events which will lead to the beginning of the eviden-tiary hearing no later than October 1,1980, possibly earlier.
Intervenor, People Against Nuclear Energy (PANE), has only psychological stress contentions.
M12 is ' concerned that, because
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the question of whether or not p?ytt of.og2 cal. stress will be an issue in the proceeding is still pes. ding before the Cor: mission, it cannot timely prepare for hearias.
In its filing of June 30, 1980 PANE seeks the bec.rd's 'gui.lar.cn r. wht:.t it percei res to be a potential confilet 'ecewan ch*. b :1.. ' 5 s ch2h12 22.1 tbc fact that the question is etill put.finA bede - rh Coniciten.
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sf _s h-It seems that PANE has in large degree analyzed the situation correctly, and in so doing, it has provided its own guidance.
Psy-chological stress issues can, as PANE observes, be added to the end of the hearing.
PANE is correct in not assuming that the Commission will authorize litigation of its contentions, and PANE prudently has been preparing for hearing "while not wasting its absolutely minimal resources".
We have little to add except to encourage PANE and other intervenors to continue to prepare its case on psychological stress where that can be done without risk '
ing undue waste, and where it is possible under the voluntary system of discovery encouraged by the board in our earlier orders on the subj ect.
Our memorandum and order of June 23, implementing the pre-hearing schedule, was not intended to include the prehearing activi-ties required for psychological stress issues.
Intervenors will not be required to file written direct testimony or proposed ex-hibits on psychological stress issues until further order of the board.
Cross. examination plans, c E course, will not be. possible
.until direct testdumy i filed.
7cca sad if the Commission autho-rizes the litigatica of pcychclogical access contentions, the b'oard will separately provida for prehearing events roughly equiva-lent to the actions required in;the general schedule.
PANE also reports that it cannot ha,e its d. rect testimony cn p r:che '. : g t :: ' : * : e n.- yi.- :.
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J be timely.
PAE's coment was not cast in the form of a cotion, and while it discussed its preparation problem at the prehearing conference (Tr.1898), other parties did not respond.
- Moreover, the board has nothing before it to indicate whether PANE's preparation schedule reflects diligence, even though it appears that PANE, by persistently raising its preparation problem in early stages of the proceeding, has been diligent.
Therefore we are unable to rule whether filing of PANE's direct testimony by the end of October will be timebr.
However, PANE may be assured that when and if the board estau. Ashes a schedule for litigating p-sychological stress, we will be very attentive to the problems presented by the continuing uncertainty.
For the present, it would riot appear that, if PANE has its testimony prepared by the end of October, the proceeding would be delayc.d by that timing.
THE ATOMIC SAFETY AND LICENSING BOARD
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',,N T.ii l.inith, Chairman Bethesda, Et.f and l
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. July 9,1980 w
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UNITED STATES OF AMERICA w
NUCLEAR REGULATORY COMMISSION
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COND L-9 ustmc N g y 7 gg Q BEFORE THE COMMISSION 3
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'Cmj;'~f, h* hj D/ g ig'A f In the Matter of
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METROPOLITAN EDISON
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Docket No. 50-289
--et al.,
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(Restart)
- COMPANY,
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(Three Mile Island
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Nuclear Station, Unit
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No. 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of the letter to the Commissioners and People Against Nuclear Energy Request for Commission Decision on Psychological Distiuss Issues have been mailed postage pre-paid this 16th day of July, 1980, to the following parties:
Secretary of the Commission ATTN:
Chief, Docketing & Service Section U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Ivan W.
Smith, Esquire Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Walter H. Jordan 881 W..' Outer Drive Oak Ridge, Tennessee 37830 Dr. Linda W. Little 5000 Hermitage Drive Raleigh, North Carolina 27612.
George F.
Trowbridge, Esquire Shaw, Pit + mnn, Potts & Trowbridge 1800 "M" Street, N.W.
Washincton, D.C.
~20006 James.Tourte3 loi.te, Escuire Office of tl.e TFEcutive Legal Director U.S..Nucicar RL3117.tc,ry Commission Washington.
D.C.
20559
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UNITED STATES OF AMERICA NUCLEAR REGULATORY CO?O1ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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METROPOLITAN EDISON
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COMPANY, et al.,
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' Docket No. 50-289
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.(Restart)
(Three Mile Island
)
Nuclear Station, Unit
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No. 1)
)
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3 CERTIFICATE OF SERVICE I hereby certify that copies of the Pequest for Scard Guidance en Scheduling of Psychological Distress Issues have been mailed postage pre-paid this 30th day of June, 1980, to the follcwing parties:
' Secretary of the Commission
' ATTN:
Chief, Docketing and Service Section U.S. Nuclear Regulatory Co:raission Washington, D.C.
20555 Ivan W.
Smith, Esquire Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Co mission Washington, D.C.
20555 g\\e.
Dr. Walter H. Jordan O
881 W.
Outer Drive
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h Oak Ridge,, Tennessee 37930 e-1 3go
- Dr. T.isda' W. Littic
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1 5000 Hermitage Drive -
,A Raleiegh, North Carniina 27612 v., 69 f,
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George.F. TrowhHr'ge, Esquire N. f,
I Shaw, Pittman, Potts & Trowbridge N '2 _...
1800 "M" Street,.N.W...
Washington,'D.C.
20006
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James :Tourtellatte, Esentire
' Office vil the E::c.c.::el n i.c-qcl Eirector U.S.
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