ML19344A538

Status of Contentions.Intervenor Is in No Position to Restate Contentions or Submit Plans for cross-examination Due to Commission Denial of Relief Re Funding.Alleges Commission Bias.W/Certification of Svc

ML19344A538
Person / Time
Site:	Three Mile Island
Issue date:	08/12/1980
From:	Pollard R CHESAPEAKE ENERGY ALLIANCE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8008210105
Download: ML19344A538 (2)

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• CEA: CON-SO.08.12

- UNITED STATES NtJCLEAR REGULATORY CO!CIISSION ATOMIC SAFET( AND LICENSING BOARD

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In the Matter of ).

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Metropolitan Edison,'et al ) Docket # 50-289 (Re-start?) -

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(Three Mile Island Nuclear Station, ) g Unit #1) ) . /f coCferED

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STATUS OF CEA'S CONTENTIONS -$ '

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G 4 -4 CEA hereby states that it has no plans to revise or restate any of its contentions, which include two ' adopted' contentions, namely UCS Contention 13 (Class 9),

andSho11y'sManagementContention(Sho11y's#Atli.j)

CEA further states that, with the Commission's denial of the relief that CEA had requested in the form of intervenor funding, CEA is not in a position to continue to participato effectively in these proceedings. As CEA has stated in earlier motions, its effective participation would only be possible if funding were available to allow CEA to pursue the matter with the aid of at least one full time person' devoted to the task.' h'ith the denial of that relief, CFA is unable to do justice to the contentions it has raised.

CEA therefore requests that the Board takes s.uch steps as it sees fit to ensure that the contentions raised by CEA are thoroughly addressed in these proceedings, whether by the adoption of these contentions by the Board or by the Staff.

Barring any major shift 'in Commission treatment of the intervncor funding issue, e.g. a rc-consideration of its decision as it pertains to fiscal year 1981 (that was r.or addressed in its carlier decision), CEA can not be expected to have any meaningful participation in the hearings. I f CE.*t is abic to participate 80 0 8 210/of pf*$

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at.all, the participation will be limited to cross examination of direct testimony offered by NRC Staff and Licensee, and in the case of the UCS and Sholly adopted contentions, to questioning witnesses p' resented by UCS and Sholly respectively. CEA docs not plan to submit any more details of its plans for 'cioss examination, and is not presently in a position to do so.

CEA regrets that it is unable'to pursue its participation in these proceedings to any greater extent, and regrets that it has confirmed its initial observation

.(in its Petition for Leave to Intervene) that there is an inherent bias in the proceedings of the Nuclear Regulatoiy Commission against persons and groups who do not have the substantial financial and legal resources that proceedings of this nature demand, and that this bias tends to result in a failure of the NRC to address adequately issues of public health and safety that may be raised by such groups. .

Respe-* ully submi

• S-CliESAPEAKE' ENERGY ALLIANCE, INC.

By Robert Q. Pollard f hereby certify that a copy. of this " Status of CEA's Contentions" has been served on the members of the Licensing Board, the NRC Staff, Licensee, and the Intervenors this 12th day of August,1980 K -

L Robert Q. Pollard

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