ML19323C649

Response in Opposition to Intervenor Lewis 800403 Motion for Addl New Contention.Aslb Admitted Intervenor on Basis Limited to Single Contention Re Filters & Filter Preheaters Due to Lack of Standing to Intervene.W/Certificate of Svc

ML19323C649
Person / Time
Site:	Three Mile Island
Issue date:	04/15/1980
From:	Zahler R METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8005160445
Download: ML19323C649 (7)

Text

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UNITED STATES OF AMERICA -

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NUCLEAR REGULATORY COMMISSION

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Branch BEFORE THE ATOMIC SAFETY AND LICENSING BOARD q ,.

Os 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 LEWIS MOTION FOR ADDITION OF A NEW CONTENTION on April 3, 1980, Mr. Lewis filed a motion seeking addition of a new contention. This proposed new contention states:

In the event of a repeat of the TMI #2 3-28-79 accident, these same systems (i.e., all systems which have had to operate unattended] will have to operate unattended for over a year.

These same systems must be qualified at TMI #1 to operate unattended for over one year before restart of TMI #1.

Licensee opposes Mr. Lewis' motion to add this new contention for the reasons stated below.

In its First Special Prehearing Conference Order (December-18, 1979), the Board held that Mr. Lewis had not demonstrated standing to intervene in the TMI-l restart proceeding (slip op.

at 58). Nonetheless,-in an exercise of its discretion, the Board adnitted Mr. Lewis as "an intervenor on a strictly limited basis pursuant to 10 C.F.R. 2. 714 (e) " (slip op. at 59). .This " strictly limited basis" restricted Mr. Lewis' participation to discovery g .,x  : o e -o ,y .m--

and hearing activity on a single, isolated contention relating to filters and filter preheaters (id . ) . The Board specifically ruled that, since Mr. Lewis had not demonstrated his interest in this proceeding, he would not be allowed to cross-examine witnesses on the contentions of other intervenors or on Board-initiated issues (M.).

Mr. Lewis' present attempt to add a new contention is contrary to the Board's earlier aulings on his limited status as a hearing participant. Indeed, even if judged by the Commission's standards for the late filing of contentions (10 C.F.R. SS 2. 714 (a) (1) (i)-

(v)) -- and due to his limited status Mr. Lewis should be held to a significantly higher standard -- it is readily apparent that Mr.

Lewis' motion is insufficient.

(a) Good cause -- Mr. Lewis asserts that his motion is timely because it is based on information (i.e., a letter from Herman Dieckamp and NUREG-0662) only recently available to him.

This is untrue. The reference to Mr. Dieckamp's March 4, 1980 letter is in error. The discussion at page 3 on loss of effective poison relates not to the lack of preventative maintenace but to the very low flow rates in the reactor coolant system and the potential that coolant samples are thus not representative of actual system chemistry. And while the information cited in NUREG-0662 does relate to the proposed new contention, such infor-mation certainly is not new; it has been publically available for some time. For example, the Report of the Technical Assessment

Task Force on Recovery: TMI-2 Cleanup and Decontamination, re-leased along with the Kemeny Commission Report in October 1979, includes a description of the increased risk of uncontrolled radioactive release to the environs from the continued presence of radioactive materials in the TMI-2 facility dispersed in the

large volumes of air and water present.

(b) Other means to protect petitioner's interest -- Given  ;

that the Board has been unable to find that Mr. Lewis has a legally cognizable interest in this proceeding, Mr. Lewis obviously cannot satisfy this criterion.

(c) Extent to which petitioner's participation may assist in record development -- Mr. Lewis' motion contains no information which might indicate that he has any special expertise in the areas of environmental qualification of equipment or preventative maintenance. Nor does Mr. Lewis have available to him technical resources that might contribute to the development of a sound record in those areas.

(d) Extent to which Petitioner's interest will be represented by existing parties -- For the purpose of argument, even if " inter-1 est" is interpreted to mean a concern, Licensee notes that Union of Concerned Scientists Contention No. 12 covers the area of equipment qualification with respect to " equipment important to safety in the containment building and auxiliary building." Speci-fically included in this contention is the allegation that "the length of time the equipment must operate in the environment has been underestimated." Thus, Mr. Lewis' concerns in this area are I adequately _being pursued by UCS.

l

(e) Extent to which Petitioner's participation will broaden the issues or delay the proceeding -- While Mr. Lewis' participa-tion is not likely to broaden the issues of this proceeding, it would likely delay the proceeding. This is because Mr. Lewis con-templates that at this late date, as general discovery comes to a close, he be afforded a " period of discovery to determine all systems which have had to operate unattended for over a year."

This not only would extend a proceeding that already has become pro trac tec'. , but would duplicate discovery being conducted by UCS.

For all these reasons, the motion of Mr. Lewis to add a new contention should be denied.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE f

By: .

Robert Zahler Dated: April 15, 1980 1

1

Lic 4/15/80 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) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Opposition to Lewis Motion for Addition of a New Contention", were served upon those persons on the attached Service List by deposit in the l United States mail, postage prepaid, this 15th day of April, 1980.

I l

O

(

f Robert E. fahler 6

Dated: April 15, 1980

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. Smith, Esquire John A. Iavin, Esquire Chairman Assistant Counsel Atcmic Safety and Licensing Pennsylvania Public Utility Ccmn'n Board Panel Post Office Box 3265 U.S. Nuclear Regulatory Camission Harrisburg, Pennsylvania 17120 Washington, D.C. 20555 Karin W. Carter, Esquire Dr. Walter H. Jordan Assistant Attorney General Atcric 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 Atcmic Safety and Licensing of Ccmnissioners Board Panel Dauphin County Courthouse 5000 Hermitage Drive Front and Market Streets Raleigh, North Carolina 27612 Harrisburg, Pennsylvania .7101 James R. Tourtellotte, Esquire Walter W. Cohen, Esquire Office of the Executive Leo'al Director Ccrsumer Advocate U. S. Nuclear Regulatory Camission Office of Consumer Advocate Washington, D.C. 20555 14th Floor, Strawberry Square Harrisburg, Pennsylvania 17127 Docketing and Service Section Office of the Secretary s

U. S. Nuclear Regulatory Ccmnission

. Washington, D.C. 20555 4

6

Jordan D. Cunningham, Esquire Karin P. Sheldon, Escuire Attorney for Newberry Township Attorney for People Against Nuclear T.M.I. Steering Comtittee Energy 2320 North Second Street Shelden, Harmon & Weiss Harrisburg, Pennsylvania 17110 1725 Eye Street, N.W., Suite 506 Washington, D.C. 20006 Theodore A. Adler, Esquire Widoff Peager Selkowitz & Adler Pobert Q. Pollard Post Office Box 1547 609 Montpelier Street Harrisburg, Pennsylvania 17105 Balt.uncre, Maryland 21218 Ellyn R. Weiss, Esquire Chauncey Kepford Attorney for the Union of Concerned Judith H. Johnsrud Scientists Envi.etal rmlition on Nuclear Sheldon, Har::en & 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. Iewis 304 South Marxet Street 6504 Bradford Terrace m chanicsburg, Pennsylvania 17055 Philadelphia, Pennsylvania 19149 Gail Bradford Marjorie M. Aamodt Holly S. Keck R. D. 5 Iagislation Chaiman Coatesville, Pennsylvania 19330 Anti-Nuclear Group Pepresenting York

. 245 West Philadelphia Street York, Pennsylvania 17404

. .