ML19322D325
| ML19322D325 | |
| 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 8002110198 | |
| Download: ML19322D325 (2) | |
Text
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UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION N
03 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD
,In the Matter of
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METROPOLITAN EDISON COMPANY, E_AL
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Docket No. 50-320
)
(Three Mile Island Nuclear
)
Station, Unit 2)
)
NRC STAFF'S MOTION TO WITHDRAW SUBPOENA On March 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 reschedulinc of the subject hearing, which had been postponed as a consequence of the March 28, 19 79 accident at the facility.
In response to notice of the rescheduling of the hear.ing, formally pro /ided by Counsel's letter of Dece:ber 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 grea : inconvenience to him.
At the same time, the Staff r
does not believe that excusing Captain Mangold from appearing on that date GRANTED N Ia4SC T.
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For the Appeal Boar'd '34
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. 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 Chairman of the Appeal Board issue a subpoena directing the attendance of Captain Billie.M
)
Staff counsel has discussed this matter with counsel for Licensee and the Commonwealth of Pennsylvania and Intervenor's representative, and is authorized to represent to the Appeal Board that they have no objection to the Staff's motion.
Res _ctfully submitted,
>>dYj l.awrence. Chandler Counsel for NRC Staff Dated at Bethesda, Maryland this 22nd day of January,1980
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Captain Billie was notified of the date and general location of the hearing by phone on January 18, 1980.
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