ML19344E842
| ML19344E842 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/10/1980 |
| From: | Singer L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8009110788 | |
| Download: ML19344E842 (7) | |
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STAFF 9/10/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0tV4ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDISON COMPANY,
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(Three Mile Island, Unit 1)
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NRC STAFF'S ANSWER TO "INTERIENOR LEWIS'S MOTION FOR RECEIPT OF A FREE COPY OF THE RESTART HEARING TRANSCRIPT" AND STAFF RESPONSE TO INTERVEN0R LEWIS'S REQUEST FOR RECONSIDERATION OF HIS STATUS AS AN INTERVENOR I.
Introduction On August 26, 1980, the NRC received a motion requesting a free transcript of the restart hearing "as it is made available to the NRC Staff." Mr. Lewis also requested the Board to reconsider his interest as an intervenor in the light of a "new ruling" from the Board during the Prehearing Conference on August 13, 1980. The NRC Staff's response to these two requests is set forth below.
II.
Discussion
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1.
Request for Transcripts Having received a similar request from another party to this proceeding,1/ n i
anticipation of future similar requests and in view of the fact that the recent immediately effective rule entitled, " Procedural Assistance in Adjudicatory Licensing Proceedings," 45 Fed. Reg. 49535 (July 25,1980), is not explicitly 1/ Intervenor Steve C. Sholly Motion to Board for Routu.e Free Distribution of Hearing Transcripts Pursuant to Notice, 45 F.R. 49535-49537, dated July 30, 1980. See also NRC Staff's Answer to Intervenor Sholly's Motion for Free Copies of Transcripts, dated August 8,1980.
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. applicable to the TMI-l license-suspension proceeding, the Licensing Board certified to the Commission its request that the newly amended rule be extended to this proceeding.U In a Memorandum and Order dated August 15, 1980, the Commission authorized, inter alia, the Licensing Board to supply a free transcript to intervenors pursuant to 10 C.F.R. 52.750, as amended in 45 Fed. Reg. 49535 (July 25,1980).
In its discussion of the parameters of the amended rule found in the section of the Federal Register notice entitled " Supplemental Information." the Commission noted that " Licensing Boards will have the discretion to control the distribution of transcripts to parties -- for example, to limit distribution of transcripts to some but not all of a consolidated group of intervenors, or to only those phases of a hearing in which an intervenor intends to participate.
In light of the Commission's order authorizing this Licensing Board to provide free transcripts to the intervenors in this proceeding in accordance with the l
new rule, the Staff has no objection to Mr. Lewis' motion requesting receipt of a free copy of the restart-hearing transcript. The Staff suggests, however, that Mr. Lewis receive only those portions of the restart-hearing trinscript that deal with his contention. This limitation should not affect the quality of Mr. Lewis' participation in this hearing because Mr. Lewis is not permitted to cross-examine witnesses or otherwise participate in litigation 2] Certification to the Commission (August 8,1980).
3/ 45 Fed. R_eg. 49536 (July 25,1980).
l on the contentions advanced by other intervenors or on board-initiated issues.
See First Special Prehearing Conference Order at 59 (December 18, 1979).
2.
Request for Reconsideration of Status as an Intervenor Mr. Lewis also addresses his motion to a prior ruling of the Licensing Board that denied him standing to intervene in this proceeding. fir. Lewis' reference to "UCS's win concerning the inability of the staff to draw an adequate line between ' credible' and ' incredible' accidents...," however, is not specific enough to enable the Staff to respond to the claim that the Licensinq Board must reconsider its ruling that fir. Lewis does not possess the interest necessary to enable him to participate as a full-fledged intervenor in this proceeding. Moreover, if Mr. Lewis is referring to the motion for summary disposition that UCS is pursuing in regard to its contention numbered 13, UCS has not " won" that issue.
Indeed, the Licensing Board is reluctant to address that issue in the posture of a motion for summary judgment. Memorandum and Order of Prehearing Conference of August 12-13,1980 at 5,14 (August 20,1980).
Assuning, however, that fir. Lewis is referring to the substance of UCS' notion for summary disposition of UCS contention 13, Mr. Lewis inaccuratelyl. asserts that he was denied standing due to an alleged mischaracterization by the staff of Class 9 accidents as " incredible".
In its First Special Prehearing Conference Order, the Board allowed fir. Lewis to assume the status of an intervenor under 10 C.F.R. f 2.714(e) only for the purpose of litigating his contention concerning filters and preheaters.
Id. at 59. The Board had rejected Mr. Lewis' claim of l
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a
-4 interest under 10 C.F.R. 52.714(a)(2),which was grounded in part upon a general assertion that his life would be endangered in the event of a Class 9 accident at TMI-1, because Mr. Lewis "... residing 90 miles away, ha[d]
not attempted to particularize how his direct personal interest would be affected by any specific Class 9 accident...."
Id. at 57. The Board's rejection of Mr. Lewis' claim of interest was not based, as Mr. Lewis states, upon the fact that the Class 9 ' type of accident was deemed ' incredible' by the Staff."
As noted above, Mr. Lewis' precise argument is not evident to the Staff. The Staff has nevertheless attempted to address what it believes to be the points raised by Mr. Lewis. As indicated above, Mr. Lewis' arguments, as we perceive thu a, do not justify reconsideration by the board of Mr. Lewis' status as an intervenor.
If Mr. Lewis had intended to discuss an aspect different than that addressed by the Staff, the Staff would request that Mr. Lewis be directed to delineate precisely his position in a future filing.
Conclusion For the foregoing reasons the Staff does not object to Mr. Lewis' r[ quest for a transcript of this hearing, yet suggests that the Board, in the exercise of its discretion pursuant to the amended rule, limit that request to providing only those portions of the transcript that deal with Mr. Lewis'
. contention.
Furthermore in light of.the arguments set forth by Mr. Lewis, the Staff does not support the request for reconsideration of !1r. Lewis' present intervenor status.
1 Respectfully submitted, idh,/,
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Lisa N. Singer Counsel for NRC Staff Dated at Bethesda, Maryland this 10th day of September,1980 4
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UNITED STATES OF AMERICA NUCLEAR REGULATORY C0llMIS.', ION BEFORE THE ATOMIC SA_FETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDISON COMPANY,
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(Three Mile Ichnd, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER TO 'INTERVEN0R LEWIS'S MOTION FOR RECEIPT OF A FREE COPY OF THE RESTART HEARING TRANSCRIPT' AND STAFF RESPONSE TO INTERVENOR LEWIS'S REQUEST FOR RECONSIDERATICi10F HIS STATUS AS AN INTERVEN0R,"
dated September 10, 1980, in the above-captioned proceeding, have been served on the following, by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 10th day of September,1980:
- Ivan W. Smith, Esq.
Mr. Steven C. Sholly Atomic Safety & Licensing Board Panel 304 South Market Street U.S. Nuclear Regulatory Commission Mechanicsburg, Pennsylvania 17055 Washington, D.C.
20555 Mr. Thomas Gerusky Dr. Walter H. Jordan Bureau of Radiation Protection 881 W. Outer Drive Dept. of Environmental Resources Oak Ridge, Tennessee 37830 P.O. Box 2063 Harrisburg, Pennsylvania 171F.0 Dr. Linda W. Little 5000 Hermitage Drive Mr. !!arvin I. Lewis Raleigh, North Carolina 27612 6504 Bradford Terrace George F. Trowbridge, Esq.
l Shaw, Pittmen, Potts & Trowbridge Metropolitan Edison Company l
1800 M Street, N.W.
ATTN:
J.G. Herbein, Vice President l
Washington, D.C.
20006 P.O. Box 542 Reading, Pennsylvania 19603 Karin W. Carter, Esq.
505 Executive House Ms. Jane Lee P. O. Box 2357 R.D. 3; Box 3521 l
Harrisburg, Pennsylvania 17120 Etters, Pennsylvania 17319 Honorable Mark Cohen Walter W. Cohen, Consumer Advocate 512 D-3 Main Capital Building Department of Justice Harrisburg, Pennsylvania 17120 Strawberry Square,14th Floor Harrisburg, Pennsylvania 17127 i
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. Allen R. Carter, Chairman Jc5n Levin, Esq.
Joint Legislative Committee on Energy Pennsylvania Public Utilities Comm.
Post Office Box 142 Box 3265 Suite 513 Harrisburg, Pennsylvania 17120 Senate Gressette Building Columbia, South Carolina 29202 Jordan D. Cunningham, Esq.
Fox, Farr and Cunningham Robert Q. Pollard 2320 North 2nd Street 609 Montpel.ier Street Harrisburg, Pennsylvania 17110 Baltimore, Maryland 21218 Theodore A. Adler, Esq.
Chauncey Kepford WID0FF REAGER SELK0WITZ & ADLER Judith H. Johnsrud Post Office Box 1547 Environmental Coalition on Nuclear Power Harrisburg, Pennsylvania 17105 433 Orlando Avenue State College, Pennsylvarija 16801 lis. Ellyn R. Weiss Harmon & Weiss Ms. Frieda Berryhill, Chairman 1725 I Street, N.W.
Coalition for Nuclear Power Plant Suite 506 Postponement Washington, D.C.
20006 2610 Grendon Drive Wilmington, Delaware 19808 Ms. Marjorie M. Aamodt R.D. #5 Holly S. Keck Coatesvillc. Pennsylvania 19320 Anti-Nuclear Group Representing York 245 W. Philadelphia Street York, Pennsylvania 17404
- Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission
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Washington, D.C.
20555 e, q
- Atomic Safety and Licensing Joard Panel Lisa N. Singer U.S. Nuclear Regulatory Commission Counsel for NRC 5,taff Washington, D.C.
20555
- Secretary U.S. Nuclear Regulatory Commission ATTN: Chief, Docketing & Service Br.
Washington, D.C.
20555 Karen P. Sheldon, Esq.
c/o Harmon & Weiss 1725 I Street, N.W.
Suite 506 Washington, D.C.
20006
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