ML19338F019
| ML19338F019 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/06/1980 |
| From: | Gray J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8010070388 | |
| Download: ML19338F019 (6) | |
Text
_
Y STAFF:
10/06/80 i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDISON COMPANY, ET AL.
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Docket No. 50-289
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(Restart)
(Three Mile Island Nuclear Station.
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Unit 1)
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NRC STAFF'S RESPONSE TO LICENSEE'S MOTION FOR DISMISSAL OF AAMODT CONTENTION 5 AND
_ECNP CONTENTIONS 2-2 AND 2-4 ON EMERGENCY PLANNING I.
INTRODUCTION By motion filed September 18, 1980, the Licensee in the referenced proceed-ing requested that the Licensing Board dismiss Aamodt Contention 5 and ECNP Contentions 2-2 and 2-4 for the Intervenors' failure to further specify these contentions as required by the Licensing Board's " Memorandum and Order Resuming Schedule for Discovery and Contentions on Emergency Planning,"
issued on July 15, 1980.
The NRC Staff's response to the Licensee's motion l
1s sec forth below.
I II.
NRC STAFF'S RESPONSE A.
Aamodt Contention 5 Aamodt Contention 5 states It is contended that present evacuation plans do not provide for care and/or relocation of livestock.
It is further con-tended that such provision should be made before restart of TMI-1.
Basis:
Petitioner's experience when preparing to evacuate during TMI-2 accident; another basis is the fact that dairy cattle can develop mastitis or go dry if left unattended for l
any protracted period of time. Lack of adequate provision for animals would jeopardize health and safety of farmers who would remain.
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- l This contention was to be further specified subsequent to discovery pur-suant to licensing Board Orders of June 23, 1980 and July 15, 1980. As recited by Cne Licensee in its motion to dismiss, no further specification has been provided by Intervenor Aamodt and the date for further specification, September 8, 1980, has long since passed.
Accordingly, Intervenor Aamodt is in default of the Licensing Board's Orders requiring further specifi-cation.
Aamodt Contention 5 remains as vague and lacking in particularity now as when the contention was originally proffered by Intervenor and con-l l
ditionally admitted by the Board subject to specification after discovery.
In these circumstances, and absent justification for the failure to comply with the Licensing Board's Order requiring specification, the Staff supports the Licensee's motion for dismissal of Aamodt Contention 5.O B.
ECNP Contentions 2-2 and 2-4 l
l Pursuant to the Licensing Board's Order of July 15, 1980, ECNP was to further l
l specify its emergency planning Contentions 2-2 and 2-4 by September 8, 1980.
I As recited by the Licensee in its motion for dismissal and as addressed by l
I
-1/ 10 CFR 8 2.7C7 provides that upon a party's failure to comply with a 1
board order, the presiding officer may make such orders in regard to l
the failure as are just. With regard to Aamodt Contention 5, Inter-venor had been put on notice as early as February 15, 1980 (see
" Interim Order on Late Filed Emergency Planning Contentions," Febru-ary 15, 1980) that it "would be expected to revise the contention for specificity after discovery." Intervenor thus had ample opportunity to seek any information necessary to particularize Contention 5 and has had substantial time to revise the contention in accordance with the Licensing Board's Orders.
In these circumstances, Intervenor's l
failur'e to comply with the Board's Order requiring specification is without justification and dismissal of Contention 5 pursuant to the l
Licensee's request would be just and appropriate.
1
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the Staff in "NRC Staff's Answer :o ECNP's Revised Emergency Planning Con-tentions 2-2 and 2-4" of September 23,1980, (Staff's Answer) ECNP did not provide further particularization to Contentions 2-2 and 2-4 but, instead, raised new, additional, and seemingly unrelated allegations in the form of wholly revised contentions. As set forth fully in the Staff's Answer of September 23, it la the Staff's view that revised Contentions 2-2 and 2-4 l
suffer from the same lack of specificity as the contentions originally proffered by ECNP and that the revised contentions should be rejected.
In the same vein, ECNP has wholly failed to further particularize its ori-ginally proffered Contentions 2-2 and 2-4 as required by the Licensing Board.
The Staff, on a previous occasion, has expressed its view as to the need for further specification of these contentions.2/
To reiterate, the Staff believes that specification of particular inadequacies in emergency planning which are only generally and vag ely alluded to in ECNP Contentions 2-2 and 2-4 as originally proffered is necessary to adequately alert the Board and parties as to precisely what is being asserted in each contention. No such further specification has been provided and ECNP is thus in default of the Board's order requiring specification.
In these circumstances, dismissal of ECNP Contentions 2-2 and 2-4 woit1d be appropriate and the Staff, accord-ingly, supports the Licensee's motion in this regard.
-2/ See "NRC Staff's Response to Licensee's Motion to Require Further Specification of Contentions of Environmental Coalition on Nuclear Power," July 14, 1980, pp. 3-5.
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III. CONCLUSION Based on the foregoing, the Staff supports Licensee's motion for dismissal of Aamodt Contention' 5 and ECNP Contentions 2-2 and 2-4.
Respectfully submitted, 1
M se R. Gray oun el for NRC Staff Dated at Bethesda, Maryland l
this 6th day of October, 1980
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
METROPOLITAN EDISON COMPANY, ET AL.
)
Docket No. 50-289
)
(Restart)
(Three Mile Island Nuclear Station,
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Unit 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO LICENSEE'S MOTION FOR DISMISSAL OF AAMODT CONTENTION 5 AND ECNP CONTENTIONS 2-2 AND 2-4 ON EMERGENCY PLANNINC" in the above-captioned proceeding have been served on th2 following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Com-mission's internal mail system, this 6th day of October, 1980:
l l
Ivan W. Smith, Esq.*
Mr. Steven C. Sholly Atomic Safety and Licensing Board 304 South Market Street U.S. Nuclear Regulatory Commission Mechanicsburg, PA 17055 Washington, DC 20555 Mr. Thomas Gerusky Dr. Walter H. Jordan Bureau of Radiation Protection 881 W. Outer Drive Department of Environmental Oak Ridge, TN 37830 Resources I
P.O. Box 2063 Dr. Linda W. Little Harrisburg, PA 17120 5000 Hermitage Drive Raleigh, NC 27612 Mr. Marvin I. Lewis 6504 Bradford Terrace l
George F. Trowbridge, Esq.
Philadelphia, PA 19149 l
Shaw, Pittman, Potts & Trowbridge l
1800 M Street, N.W.
l Metropolitan Edison ' ompany C
Washington, DC 20006 ATTN:
J.C. Herbein, Vice President Karin W. Carter, Esq.
P.O. Box 542 505 Executive House Reading, PA 19603 P.O. Box 2357 Harrisburg, PA 17120 Ms. Jane Lee R.D. #3, Box 3521 Honorable Mark Cohen Etters, PA 17319 512 E-3 Main Capital Building j
Harrisburg, PA 17120 Senator Allen R. Carter, Chairman i
Joint Legislative Committee on Walter W. Cohen, Consumer Advocate Energy l
Department of Justice Post Office Box 142 Strawberry Square, 14th Floor Suite 513 Senate Cressette Building Harrisburg, PA 17127 Columbia, SC 29202 l
Daniel M. Pell, Esq.
John Levin Esq.
ANGRY PA Public Utilities Commission 32 South Beaver Street Box 3265 York, PA 17401 Harrisburg, PA 17120 John E. Minnich, Chcirman Jordan D. Cunningham, Esq.
Dauphin Co. Board of Commissioners Fox, Farr and Cunningham Dauphin County Courthouse 2320 North 2nd Street Front and Market Streets Harrisburg, PA 17110 Harrisburg, PA 17101 Theodore A. Adler, Esq.
Robert Q. Pollard Widoff, Reager, Selkowitz & Adler l
609 Montpelier Street P.O. Box 1547 Baltimore, MD 21218 Harrisburg, PA 17105 Chauncey Kepford Ms. Ellyn R. Weiss Judith H. Johnsrud Sheldon, Harmon & Weiss Environmental Coalition on 1725 I Street, N.W.
Nuclear Power Suite 506 433 Orlando Avenue Washington, DC 20006 State College, PA 16801 Atomic Safety and Licensing Board Ms. Frieda Berry:till, Chairman Panel
- Coalition for Nuclear Power Plant U.S. Nuclear Regulatory Commission Postponement.
Washington, DC 20555 2610 Grendon Drive Wilmington, DE 19808 Atomic Safety and Licensing Appeal Panel (5)*
Ms. Karen Sheldon U.S. Nuclear Regulatory Commission Sheldon, Harmon & Weiss Washington, DC 20555 1725 I Street, N.W.
Suite 506 Docketing and Service Section (7)*
Washington, DC 20006 Office of the Secretary U.S. Nuclear Regulatory Commission Ms. Marjorie M. Aamodt Washington, DC 20555 R. D. #5 Coatesville, PA 19320 44 A<fu o eph. Gray uns for NRC S ff
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