ML19344E992

Application for Subpoena Duces Tecum Directed to Rl Curry of York County Emergency Mgt Agency to Give 800917 Deposition & to Bring Log of 800716 Test Exercise.Affidavit & Certificate of Svc Encl.Related Correspondence

ML19344E992
Person / Time
Site:	Three Mile Island
Issue date:	09/03/1980
From:	Pell D ANTI-NUCLEAR GROUP REPRESENTING YORK, PELL, D.M.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8009120232
Download: ML19344E992 (7)

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE ' MATTER OF  :

METROPOLITAN-EDISON COMPANY  : DOCKET No.' 50-289 (Restart)

(Three-Mile Island Nuclear  :

Generating Station,  :

Unit-No. 1)  :

A.N.G.R.Y. APPLICATION FOR SUBPOENA DUCES TECUM AND NOW, to wit, this day of , 1980, comes ANTI-NUCLEAR GROUP REPRESENTING YORK, by and through its attorney of record, Daniel M. Pell, Esquire in the above matter and moves the Atomic Safety and Licensing Board, by its Chairman, Ivan W. Smith, Esquire and requests the Honorable Board for relief as follows:

1.

On or about August 19, 1980, ANGRY, through its attorney, Daniel M. Pell, Esquire, forwarded a notice of deposition and an accompanying cover letter to Randy L. Curry, Director, York County Emergency Management Agency. A true and accurate copy of.said notice of deposition and letter was duly filed with this Board and made a matter of record. Although by 1

an oversight, a certificate of service was not attached to said )

filings, said documents were served upon the following individuals!

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n Ivan W. Smith, Chairman .. [-

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E Dr. Linda W. Little, ASLB Member i.

George F. Trowbridge, Esquire I

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U. p. Nuclear Regulatory Commission Executive Legal Director, U. S. Nuclear Regulatory Commission

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on or about August 25, 1980, Randy L. Curry, Director of York County Emergency Management Agency, contacted Daniel M.

Pell, Esquire, through his authorized agent, and informed Daniel M. Pell, Esquire that Randy L. Curry would not be appearing without compulsory process to give his deposition as ,

set forth in the notice of August 19,1980. Certification of this matter is attached hereto, marked Exhibit "A", and is the affidavit of Daniel M. Pell, Esquire to this effect.

Said affidavit is made a part hereof and incorporated herein as though set forth fully herein.

3.

The notifications given in the preceding paragraphs satisfy the requirements of 10 C.F.R. 52.740 (a) which provides:

" (a) Any party desiring.to take the testimony of any party or other person by

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• deposition or oral examination or written '

interrogatori.es shall, without leave of the commission or the presiding officer, give reasonable notice in writing to every other party,to the person to be examined and to the presiding officer of the proposed time and place of taking deposition; the name and address of each person to be examined, if known, or if the name is not known, a general description sufficient to identify him or the class or group which he belongs, the matters upon which each person will be examined and the name or descriptive title and address of the officer before whom the deposition is to be taken."

4.

As set forth in the notice of deposition and the accompanying cover letter which is now a matter of record before this Board, the requested deposition of Randy L. Curry relates to ANGRY's contentions regarding York County's Emergency Plan and its inter-relationship with the plans of the Commonwealth of Pennsylvania, the licensee, and local municipalities. The emergency plan of York County has not yet been finalized, and according to Randy Curry, will be finalized on or after September 1, 1980. This discovery request is therefore based upon new information; and for the further i

reason that the regulatory guidance in this area is continually changing, and this deposition will probably bear upon subsequent guidance issued by the NRC.

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The deposition of Randy L. Curry is essential to the preparation of ANGRY's case concerning its cont entions on the York County emergency plan and will also be bas ic to a preservation of emergency planning and preparedness issues or f  !

review by this Board.  !

6.

10 C.F.R. 52.720  :. .

" Subpoenas", provides authority to this Board for issuing a subpoena duces tecum to Rand y L.

Curry, Director of the York County Emergency Management Agency to appear and give his deposition as to matters contained in

• he notice of deposition, a matter of record before this Board and also to require him to bring with him his log of the emergency exercise conducted by York Count y on July 16, 1980, in conjunction with PEMA and licensee .

Said log has obvious relevancy to these proceedings, since it reflects on the readiness of York County to respond to a nuclear incident occurring at Three-Mile Island.

For all the foregoing reasons, ANGRY requests this Honorable Board through its chairman, to' issue a subpo ena duces

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2 tecum to Randy L. Curry, DirectoJ of the York County Emergency Management Agency, at the York County Court House to appear to give deposition upon oral examination at the I law offices of Daniel M. Pell, Esquire, 32 South Beaver Street, York, Pennsylvania, on the I7 day of $gcmIoM ,

1980, at hiIO o' clock Q .m. and to require him to l

bring with him the log which he kept of the July 16, 1980 test l exercise in which York County coordinated their response with that of PEMA and the licensee.

WHEREFORE, Anti-Nuclear Group Representing York respectfully requests this Board, through its chairman, Ivan W.

Smith, Esquire, to issue a subpoena duces tecum, directed to Randy L. Curry, Director of the York County Emergency Management Agency, at the York County Court House, to appear.to give deposition upon oral examination at the law offices of Daniel M. Pell, Esquire, 32 South Beaver Street, York, Pennsyl-5 piimlau. Y'1g l 7?O, CL .m.

vania, at 9 (30 o' clock on the matter specified in the previous notice of deposition made a part of this proceeding and also to require him to bring with him the log l

which he made of the test exercise dated July 16, 1980, in which York County participated coordinating with the licensee and PEMA.

l Respec submitted, by: [ -~~ Jx --

Daniel M. Pell, Attorney for ANGRY, 32 South Beaver Street, York, PA 17401 (717) 845-6291 x - - _ _ _ - _ _ _ _ - - _

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s COMMONWEALTH OF PENNSYLVANIA )

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COUNTY OF YORK )

I, Daniel M. Pell, Esquire, having been duly sworn according to law, do depose and state that I am the attorney of record for Anti-Nuclear Group Representing York in the matter of.

Metropolitan bison Company, Three-Mile Island Nt: clear Generating Station, Unit No. 1, Docket No. 50 ,289 (Restart),

and that on or about August 19, 1980, pursuant there,to I sent a notice of deposition along with a cover letter to Randy L.

Curry requiring him to appear in my office to give his deposition upon oral examination.and to bring with him a log of the test exercise in which York County participated in in July, 1980.

I further certify that Randy Curry, through his authorized representative, communicated with my office and indicated that he would not appear nor bring his log without compulsory process. Said cc=munication occurred en or about August 25, 1980, at approximately 10 a.m.

Furth er , the Deponent sayeth not.

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D'aniel M. Fell '

Sworn and subscribed to before me this d N [ day of ~ e/}[pjfh*py , 1980.

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. r CERTIFICATE OF SERVICE I, Daniel M. Pell, Esquire, hereby certify that I ,

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served a true and accurate copy of the foregoing ANGRY Appli-  :

cation for Subpoena Duces Tecum on the following individuals 7

by placing a copy of same in the U. S. Mails , postage prepaid,  !

and addressed as follows on September 8 , 1980.

Executive Legal Director Ivan W. Smith U. S. Nuclear Regulatory Chairman Commission Atomic Safety and Licensing Washington, DC 20555 [

Board Panel j U. S. Nuclear Regulatory Commission Jordan D. Cunningham, Esquire l Washington, DC 20555 Fox, Farr & Cunningham 2320 North Second Street Dr. Walter H. Jordon Harrisburg, PA 17110 881 West Outer Drive ,

Oakridge, TN 37830 Mr. Steven C. Sholly 304 South Market Street Dr. Linda W. Little Mechanicsburg, PA 17055 5000 Hermitage Drive Raleigh, NC 27612 Ellen R. Weiss, Esquire ,

George F. Trowbridge, Esquire Harman and Weiss 1725 I Street, N.W.

Shaw, Pittman, Potts & Trowbridge Suite 506 1800 M Street, N.W. Washington, DC 20006 Washington, DC 20006 Theodore A. Adler, Esquire Docketing and Service Section U. S. Nuclear Regulatory Commissionand Widoff, Reager, Selkowit:

Adler, P.C.

Washington, DC 20555 P. O. Box 1547 Harrisburg, PA 17105 L

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ji BEFORE THE ATOMIC SAFETY AND LICENSING BOA IN THE MATTER OF  :

DOCKET No. 50-289 (Restart) .i METROPOLITAN-EDISON COMPANY  : '

(Three-Mile Island Nuclear  :

Generating Station,  :

Unit No. 1) .

I ANSWERS TO LICENSEE'S INTERROGATORIES l' TO INTERVENOR, ANTI-NUCLEAR GROUP REPRESENTING YORK, ON REVISION TWO OF '

LICENSEE' S EMERGENCY PLAN >

1.

yes Contention 2 (a) is directed to the adequacy of the (a)

(b)

Nuclear Regulatory Commission's which orderOrder doeson restart not dated provide August 9,

~ reasonable 1979 assurance (44 F.R.that47821-25) such resumption can occur without endangering the for the reason that the NRC fails to .

public health and safety, require the development and effectuation of adeq effective radiological emergency response plans.

this contention goes to the fact that the. radiological eme to be brought into compl, lance with applicable standards ofSee Contention II( A) .

adequacy and effectiveness for such plans.

l Consequently, it does not matter whsther Fixedor not the licen Nuclear l

! of Pennsylvania Disaster Operations Plan, Annex E,The contention goes to Facility Incidents.

August 19, 1979 Order itself.

2.

(a) yes (b) The basis of this conclusion that is tois say, identical this with the answer contained in No. 1(b) above; 19, contention attacks the adequacy of the NRC Order dated August 1979, as set forth above to recuire counties to coine into compliance with reasonable DUPLICATE DOCUMENT for county plans as set for Entire document previously ente d into s stem unde :

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