ML19343C600

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Forwards Ht Peterson Testimony on Environ Coalition on Nuclear Power Contention 2-33.Testimony Is Late Filed But Should Be Accepted.Ample Time Remains Before Hearing & Testimony Will Contribute to Complete Record
ML19343C600
Person / Time
Site: Crane Constellation icon.png
Issue date: 03/23/1981
From: Gray J
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Jordan W, Little L, Smith I
Atomic Safety and Licensing Board Panel
Shared Package
ML19343C601 List:
References
NUDOCS 8103240578
Download: ML19343C600 (2)


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UNITED STATES SY.,

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NUCLEAR REGULATORY COMMISSION

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March 23, 1981 Ivan U. Smith, Esq., Chairman Dr. Linda U. Little Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and 25 North Court Street Licensing Board Harrisburg, PA 17105 25 North Court Street Harrisburg, PA 17105 Dr. Wal ter H. Jordan mjD Ad.ainistrative Judge 4

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2 Q u.s.mg;g= Oy In the Matter of

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Metropolitan Edison Company, et al.

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(Three Mile Island Nuclear Station, Unit 1) 9

-I Docket No. 50-289 (Restart)

Deir Administrative Judges:

dy an oral ruling of the Licensing Beard at the hearing session on March 4, 1981-(Tr. 14036), March 16, 1981 was set as the date for the filing of written testimony on offsite emergency planning matters.

Pursuant to this ruling, the NRC Staff filed, on March 16, 1981, " Testimony of FEMA's Vernon E. Adler and Frederick J. Bath on Contentions Related to Offsite Emergency Preparedness" and " Joint Testimony of NRC Staff's Stephen Chesnut and FEMA's Frederick J. Bath on Contentions Related to Onsite/

Offsite Emergency Preparedness". This tes imony, in combination with the

" Testimony of Frederick J. Bath and Vernon E. Adler of the Federal Emergency Management Agency on Certain Offsite' Emergency Planning Contentions",

previously filed on February 23, 1981, was intended to address all admitted contentions related to offsite emergency preparedness (ov'er 85 contentions).

Upon a review of the written testimony that was filed, it has become clear that two admitted contentions related to offsite emergency planning, EP-14J (Newberry Contention. York Plan 10) and EP-11 ~(ECNP Contention 2-33) were omitted from the written testimony filed by the Staff and were not addressed directly in that written testimony. The substance of EP-14J is addressed, in part, by the written testimony filed by the Staff.

Absent objection, the Staff would propose to have the FEMA witnesses address EP-14J directly through limited supplemental oral testimony at the time f

8103240 578

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the FEMA witnesses testify in support of their previously filed written testimony.

As to EP-11, the ' subject matter of this contention is such that it cannot be addressed by the FEMA witnesses and has not been addressed, in whole er in part, by the written testimony on offsite emergency planning filed by the Staff to date. Accordingly, separate written testimony, attached to this letter, has been prepared by the Staff.

In view of the fact that hearing sessions -on offsite emergency planning will not commence until April 4,1981, acceptance of the attached testimony for filing now should allow ample time for the parties to review the testimony prior to hearing and to prepare their cross-examination on it and should not result in prejudice to the parties. Moreover, the Staff believes that the attached tesitmony will contribute to the development of a more complete record on the issues raised in EP-11.

Accordingly, the Staff submits the attached testimony and asks that it be-accepted for filing at this time.

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