ML19341A377
| ML19341A377 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/19/1981 |
| From: | Zahler R METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8101230219 | |
| Download: ML19341A377 (7) | |
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UNITED STATES OF AMERICA Ql 6s NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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Docket No. 50-2 3
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LICENSEE'S OPPOSITION TO MOTION BY ANGRY TO ADOPT SHOLLY EMERGENCY PLANNING CONTENTIONS On December 23, 1980, inteevenor Steven C. Sholly filed a
" Memorandum" in which he, inter alia, withdrew his Contentions 8 (emergency planning) a.1d 9 (radiation monitoring).
Mr. Sholly recommended that other intervenors be given the opportunity to adopt these withdrawn contentions, or that the Board adopt those parts of the contentions dealing with radiation monitoring, the EPZ concept, and the application of the new Emergency Planning J
Rule to local and state response plans.
At the January 8, 1981 hearing session, ANGRY's legal representative orally moved to adopt the Shelly contentions on emergency planning (Tr. at 9995, 9997).
With two exceptions, Licensee opposes ANGRY's motion.
The adequacy of emergency plannirg around Three Mile Island will be fully litigated in this proceeding without ANGRY's whole-sale adoption of the Sholly contentions.
Licensee intends to submit comprehensive testimony on its compliance with all appli-8 g) S8 b l U i:n 00l9 S*I G
o e cable emergency planning requirements.
NRC Staff testimony will I
address Licensee's compliance with both the short-and long-term order items included in the Commission's Order and Notice of Hearing, as well as Licensee's compliance with the new Emergency Planning Rule and NUREG-0654 (Rev. 1, Nov. 1980).
In addition, FEMA and the Commonwealth of Pennsylvania will present further testimony on the adequacy of offsite emergency planning.
- Thus,
- even without any intervenor contentions, a full and complete record on emergency planning matters will be developed.
That the issue will, in fact, be fully ventilated is con-firmed by the numerous emergency planning contentions admitted by the Licensing Board.
There are 124 such contentions -- 32 relating to onsite planning and 92 relating to offsite planning.
Of these contentions, 20 were raised by Mr. Sholly -- 11 relating to onsite planning, and 9 relating to offsite planning.
- Thus, even with the withdrawal of Mr. Sholly, there still remain 104 emergency planning contentions to litigate -- 21 relating to on-site planning and 83 relating to offsite planning.
Going beyond the mere numbers, it also is apparent that (with but one exception) no important area of emergency planning will be ignored due to the withdrawal of Mr. Sholly.
As the December 15, 1980 " Response of Intervenors Sholly, ANGRY and Newberry TMI Steering Committee to the Memorandum and Order of November 25, 1980" so graphically illustrates, but for the category of " Audit and Review of Plans", intervenors' 10 other categories all include contentions by parties other than Mr.
Shelly.
In many cases, contentions raised by ANGRY and Newberry
3-precisely duplicate contentions raised by Mr. Sholly.
The area of emergency planning is already burdened by an excessive number of duplicative and compound contentions that are likely to impede the litigation of this issue.
To allow ANGRY to willy-nilly adopt all of Mr. Sholly's contentions will just needlessly complicate the matter.
Indeed, ANGRY has not so much as offered a single reason, let alone made a. compelling showing of need, to support its motion.
Given that thers are duplicative contentions it is clear that in drafting its conten-tions ANGRY was not relying on contentions proffered by Mr.
Sholly to protect its interests.
In such a circumstance, the ANGRY 'amtion is little more than an eleventh hour request to file late contentions.
Considering the 104 remaining emergency planning contentions and the extended prehearing phase devoted to emergency planning matters, all five of the factors listed in 10 C.F.R. S 2.714 (a) (1) argue against allowing ANGRY to adopt Mr. Sholly's contentions.
There are two contentions which Licensee believes ANGRY should be permitted to adopt:
Sholly Contentions 8(I)03) and 8 (I) (i).
With respect to Sholly 8(I)03), when the Board re-jected ANGRY Contention II(C) it authorized ANGRY to censolidate with Mr. Sholly's similar contention on EPZs.
It would be appropriate for ANGRY to adopt this Sholly contention.
As to Shelly 8 (I) (i), that is the sole contention relating to " Audit and neview of Plans" and Licensee therefore does not oppose ANGRY's adoption of that contention.
WHEREFORE, ANGRY's motion to adopt Mr. Sholly's emergency l
j planning contentions should be denied, except that ANGRY should
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.. be permitted to adopt Sholly 8 (I) (b) and 8 (I) (1).
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By:
/ RoberM. Zahler Dated:
January 19, 1981 1
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Lic 1/19/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENCING BOARD In the Matter of
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METROPOLITAN EDISON COMPANY
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Docket No. 50-289
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(Restart)
(Three Mile Island Nuclear
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Station, Unit No. 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's opposi-tion to Motion by ANGRY to Adopt Sholly Emergency Planning Contentions" were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 19th day of January, 1981.
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Delissa A Ridgway V Dated:
January 19, 1981
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY ' '. LICENSING BOARD In the Matter of
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METROPOLITAN EDISON COMPANY
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Docket No. 50-289
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(Restart)
(Three Mile Island Nuclear
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Station, Unit No. 1)
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SERVICE LIST Ivan W.
Smith, Esquire John A.
Levin, Esquire Chairman Assistant Counsel Atomic Safety and Licensing Pennsylvania Public Utility Comm'n Board Panel Post Office Box 3265 U.S. Nuclear Regulatory Commission Harrisburg, Pennsylvania 17120 Washington, D.C.
20555 Karin W. Carter, Esquire Dr. Walter H. Jordan Assistant Attorney General Atomic Safety cad 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 Atomic Safety and Licensing of Commissioners Board Panel Dauphin County Courthouse 5000 Hermitage Drive Front and Market Streets Raleigh, North Carolina 27612 Harrisburg, Pennsylvania 17101 James R. Tourtellotte, Esquire (4)
Walter W. Cohen, Esquire Office of the Executive Legal Director Consumer Advocate U. S. Nuclear Regulatory Commission Office of Consumer Advocate Washington, D.C.
20555 14th Floor, Strawberry Square Harrisburg, Pennsylvania 17127 Docketing and Service Section (3)
Office of the Secretary U. S. Nuclear Regulatory Commission Washington, D.C.
20555
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. Jordan D. Cunningham, Esquire William S. Jordan, III, Esquire Fox, Farr & Cunningham Harmon & Weiss 2320 North Second Street 1725 Eye Street, N.W.,
Suite 506 Harrisburg, Pennsylvania 17110 Washington, D.C.
20006 Ms. Louise Bradford Robert O. Pollard TMI ALERT 609 Montpelier Street 315 Peffer Street Baltimore, Maryland 21218 Harrisburg, Pennsylvania 17102 Chauncey Kepford Ellyn R. Weiss, Esquire Judith H. Johnsrud Harmon & Weiss Environmental Coalition on Nuclear 1725 Eye Street, N.W.,
Suite 506 Power Washington, D.C.
20006 433 orlando Avenue State College, Pennsylvania 16801 Steven C. Sholly 304 South Market Street Marvin I. Lewis Mechanicsburg, Pennsylvania 17055 6504 Bradford Terrace Philadelphia, Pennsylvania 19149 Gail Bradford ANGRY Marjorie M. Aamodt 32 South Beaver Street R.
D.
5 York, Pennsylvania 17401 Coatesville, Pennsylvania 19320 Attorney General of New Jersey
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Attention: Thomas J. Germine, Esq.
Deputy Attorney General Division of Law - Room 316 1100 Raymond Boulevard Newark, New Jersey 07102
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