ML19321A556

Response in Opposition to Antinuclear Group Representing York 800709 Motion to Compel Svc of Emergency Plan Implementing Document.Motion Inconsistent W/Production Groundrules.Certificate of Svc Encl

ML19321A556
Person / Time
Site:	Three Mile Island
Issue date:	07/18/1980
From:	Zahler R METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 8007230610
Download: ML19321A556 (6)

Text

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UNITED STATES OF AMERICA JR 2 i M > d '

NUCLEAR REGULATORY COMMISSION

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90clatlag 4 Sonice gj BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 6 4 / ma s

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In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No.1) )

LICENSEE'S OPPOSITION TO ANGRY MOTION SEEKING

SERVICE OF THE EMERGENCY PLAN IMPLEMENTING DOCUMENT i

f On July 9, 1980, Anti-Nuclear Group Representing York (" ANGRY")

. filed a motion asking the Board to compel Licensee to, serve its Emergency Plan Implementing Document. Licensee opposes the motion as inconsistent with the groundrules for production of documents previously established in this proceeding.1 /

As a voluntary matter, Licensee undertook to provide at an

early stage in this proceeding a copy of its Emergency Plan (includ-ing revisions) to each intervenor. Absent such an offer, parties seeking copies of the Emergency Plan would have had to use the Commission's formal discovery procedures to inspect and copy the i

1/

! ' Licensee also notes that the motion is an unauthorized method of. seeking discovery. A licensing board is empowered to compel

the production of documents only after a request for production has-beenLserved and the party upon whom the request was served

-' fails to respond or object. 10 C.F.R. S 2.740 (f) (1) . In this i - instance, ANGRY has not filed a request for production of documents and Licensee has not failed to respond or object to any discovery request by ANGRY.

80'07280 N

. Emergency Plan. ANGRY now seeks to have the Board compel Licensee to serve on it a copy of the largency Plan Implementing Document.

In response to uhe Board M'sorandum of June 25, 1980, incuir-

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ing into Licensee's plane 'ith respect to the Implementing Document, Licensee stated that it would make available in its Discovery Reading Room those Emergency Plan Implementing Procedures ("EPIP's")

which had been reviewed by PORC. Licensee continues to believe 2/

that this voluntary offer was appropriate in the circumstances.-

Nonetheless, Licensee will by Monday, July 21, 1980, place in the Discovery Reading Room a notebook containing a copy of all EPIP's, regardless of whether the procedure has or has not received PORC review. This notebook will provide intervenors with all the docu-mentation in Licensee's possession.

As to the request that Licensee serve this material on ANGRY rather than place it in the Discovery Reading Room, the Commission's Rules specify that documents neet only be made available for

" inspection and related activities", like copying. 10 C.F.R. l S 2.741(d). The consistent guidance from the Board has been that placing documents in the Discovery Reading Room is an adequate i

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Licensee has chosen to place the EPIP's in the Discovery Read-ing Room rather than serve them on the parties, because in Li-censee's view the information necessary to satisfy the emergency planning. concerns identified by the Commission in its August 9, 1979 Order and Notice of Hearing is set forth in the Emergency Plan. The basis for this view is explained in Licensee's Response to Board Memorandum of June 25, 1980 (dated July 3, 1980).

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, response to formal requests for production of documents; a fortiori it is an adequate response there ANGRY has failed to seek the EPIP's in the manner contemp.'.ced by the Commission's Rules.

Counsel for Licensee discussed with ANGRY's legal coordinator the offer to place a notebook of the EPIP's in the Discovery Read-ing Room, and was informed that ANGRY still sought the relief specified in its motion. For the foregoing reasons that relief should be denied.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By:

Robert E y/ Zahler Dated: July 18, 1980

o p, Os Lic 7/18/80 // OCXETED UsNRc

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JUL 211980 > ~:$

Offte elthe Sectet UNITED STATES OF AMERICA Docketing & Servic 6-)

NUCLEAR REGULATORY COMMISSION ro Branc 4 #

y BEFOPS THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of:

(1) Licensee's Response to Intervenor Lewis Interrogatories on NUREG-0680, "TMI-l Restart Evaluation"; and (2) Licensee's Opposition to ANGRY, Motion Seeking Service of the Emergency Plan Implementing Document --

were served upon those persons on the attached Service List by deposit in the United States mail, postage sprevaid, this 18th day of July, 1980.

Robert E. 'Zahler Y

Dated- July 18, 1980 l

l L j

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

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

SERVICE LIST Ivan W. Snith, Esquire John A. Iavin, Esquire Chai man Assistant Counsel Atanic Safety arxi Licensing Pennsylvania Public Utility Cmm'n Board Panel Post Office Box 3265 U.S. Nuclear Regulatory Cm mission Harrisburg, Pennsylvania 17120 Washington, D.C. 20555 Karin W. Carter, Esquire Dr. Walter H. Jordan Assistant Attorney Ceneral Atanic Safety and Licensing 505 Executive House Board Panel Post Office Box 2357 881 West Outer Drive Harrisburg, Pennsylvania 17120 Oak Ridge, Tennessee 37830 John E. Minnich Dr. Linda W. Little Chairman, Dauphin County Board Atanic Safety and Licensing of 03tmissioners Board Panel Dauphin County (burthouse 5000 Hermitage Drive Front and Market Streets Raleigh, North Carolina 27612 Harrisburg, Pennsylvania 17101 James R. Tourtellotte, Esquire Walter W. Cohen, Esquire Office of the Executive Legal Director Consumer Pdvocate U. S. Neclear Regulatory Ca mission Office of Consumer Idvocate Washington, D.C. 20555 14th Floor, Strawberry Square Harrisburg, Pennsylvania 17127 Docketing and Service Section Office of the Secretary U. S. Nuclear Begulatory Ctenission Washington, D.C. 20555 i

Jordan D.-Cunningham, Esquire Karin P. Sheldon, Esquire Attorney for Newberry 7bwnship Attorney for People Against Nuclear T.M.I. Steering Otmnittee Energy 2320 North Second Street Sheldon, Harmon & Weiss Harrisburg, Pennsylvania 17110 1725 Eye Street, N.W., Suite 506 Washington, D.C. 20006 Theodore A. Mler, Esquire Widoff Reager Selkowitz & Mler Ibbert Q. Pollard Post Office Box 1547 609 Montpelier Street Harrisbt:rg, Pennsylvania 17105 Baltimore, Maryland 21218 Ellyn R. Weiss, Esquire Chauncey Kepford Attorney for the thion of Concerned Judith H. Johnsrud Scientists Environmental Coalition on Nuclear Sheldon, Farmnn & Weiss Power 1725 Eye Street, N.W., Suite 506 433 Orlando Avenue Washington, D.C. 20006 State College, Pennsylvania 16801 Steven C. Sholly *Marvin I. Lewis 304 South Market Street 6504 Bradford Terrace Mechanicsburg, Pennsylvania 17055 Philadalphia, Pennsylvania 19149 Gail Bradford Ms. Susan Barley Holly S. Keck 1751 E. Granada, Apartment 2 Iagislation Chairman Hershey, Pennsylvania 17033 Anti-Nuclear Group Eepresenting York 245 West Philadalphia Street Marjorie M. Aamodt York, Pennsylvania 17404 R. D. 5 Coatesville, Pennsylvania 19320 l

• Served by Federal Express. 1 l

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