ML19347A691

Response in Opposition to Environ Coalition on Nuclear Power 800917 Motion for Addl Time to Respond to Licensee Interrogatories Re Emergency Planning.Good Cause Not Shown. Certificate of Svc Encl

ML19347A691
Person / Time
Site:	Three Mile Island
Issue date:	09/23/1980
From:	Zahler R METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8009300022
Download: ML19347A691 (5)

Text

'

l

. l Lic 9/23/80 D p

~

cowsmo g usMT -

UNITED STATES OF AMERICA g 5EP25im > - ,

NUCLEAR REGULATORY COMMISSION IIT Office of De SW

\' Occheting & Emics BEFORE THE ATOMIC SAFETY AND LICENSING BOARD B3"h 8

s. s \ n?

4m p In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

LICENSEE'S OPPOSITION TO REQUEST FOR EXTENSION OF TIME BY ECNP The Board's Memorandum and Order of July 15, 1980, resumed work on the emergency planning issues by setting a schedule for discovery and revising contentions. On July 29, 1980, Licensee submitted to ECNP seven brief interrogatories on Revision 2 of the Emergency Plan. ECNP failed to respond; at the request of Licensee the Board issued a September 12, 1980 order compelling ECNP to respond. Under the Board's order, ECNP's responses are due Monday, September 29, 1980. The Board invited Licensee to seek dismicsal of the affected contentions if ECNP failed to comply. By a filing of September 17, 1980, ECNP now seeks a two and one-half week extension of time to answer. Licensee opposes this request.

To date, Licensee generally has agreed to reasonable requests for extensions of time in responding to interrogatories. ECNP, however, has not demonstrated a good faith effort in responding to interrogatories. Initially, ECNP ignored the present set of inter-rogatories -- not even making an attempt to locate the interroga-80 00800 on M

tories. Throughout the entire summer ECNP's two representatives have been out of town for much of the time. This has made com-munications between Licensee and ECNP nearly impossible. More-over, ECNP has in the past taken the indefensible position that it need not respond to Licensee's discovely requests.

The present request for an extension of time provides no adequate reason for further delay. At least as early as September 8, 1980 -- when ECNP filed an untimely response to Licensee's motion to compel -- ECNP should have been on notice l

that it most probably would be required to respond to Licensee's '

seven interrogatories. Yet, rather than make arrangements to respond in a timely fashion, ECNP's representatives took actions that made timely responses virtually impossible. ECNP's motion does not explain why its representatives will be out of town for so long, or why they cannot work on the interrogatories when they are out of the office, or why other members of ECNP cannot assist in preparation of the response.

Notwithstanding the delay in considering emergency planning l

issues, Licensee sees the potential for additional, unnecessary l i

delay if ECNP is further encouraged by an extension of time to ignore its obligations to Licensee and the Board in this proceed-ing. For the foregoing reasons, Licensee opposes the request.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By: A  ! r VA Rdberu E. " % fer' \

l

. Dated: September 23, 1980

Lic 9/23/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BE, FORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Res tart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE ,

I hereby certify that copies of " Licensee's Opposition to Request for ExtSnsion of Time by ECNP", were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid this 23rd day of September, 1980.

I

Robert E. I

.thier l

l l

Dated: September 23, 1980 l

A

O' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

SERVICE LIST Ivan W. Smith, Esquire John A. Ievin, Esquire Clairman Assistant Counsel Atomic Safety and Licensing Pennsylvania Public Utility Ccmn'n Board Panel Post Office Box 3265 U.S. Nuclear Regulatory Commission Harrisburg, Pennsylvania 17120 Washingten, D.C. 20555 Karin W. Carter, Esquire Dr. Walter H. Jordan Assistant Attorney General Atomic Safety and Li nsing 505 Executive House Board Panel Post Office Box 2357 881 West Outer Drive Harrisburg, Pennsylvan.ta 17120 Oak Ridge, Tennessee 37830 John E. ML"mich Dr. Linda W. Little Gaiman, Dauphin County Board Atomic Safety and Licensing of Ccmrissioners Board Panel Dauphin County Cour&ouse l 5000 Hermitage Drive Front and Market Streets ~l Raleigh, North Carolina 27612 Harrisburg, Pennsylvania 17101 James R. 'Iturtellotte, Esquire Walter W. Cohen, Esquire Office of the Executive Iegal Director Censumer Id/ocate U. S. Nuclear Pegulatory Ccmntssion Office of Censuner Advocate Washington, D.C. 20555 14th Flcor, Strawberry Square Harrisburg, Pennsylvania 17127 D'cketing and Service Section Office of the Secretary U. S. Nuclear Regulator / Ccanission Washington, D.C. 20555

Jordan D. Cunningham, Escuire William S. Jordan, III, Esquire Attorney for Ned:erry Township Attorney for People Igairst Nuclear T.M.I. Steering Ccrimit*m Energy 2320 North Secord Street Harmon & Weiss Harrisburg, Pennsylvania 17110 1725 Eye Street, N.W., Suite 506 Washington, D.C. 20006 2.eodore A. Adler, Esquire Widoff Feager SelkcWitz & Idler Bcbert Q. Pollard Post Office Bcx 1547 609 Montpelier Street Harrisburg, Pennsylvania 17105 Baltimore, Marylard 21218 Ellyn R. Weiss, Esquire Q'auncey Kepford Attorney for the Lhion of Ccncerned Judith H. Jahrsrud Scientists Environmental Coaliticn on htclear Harmen & Weiss Pcwer 1725 Eye Street, N.W., Suite 506 433 Orlardo Avenue Washington, D.C. 20006 State College, Pernsylvania 16801 Steven C. Sholly Marvin I. Iewis 304 South Market Street . 6504 Bradford Terrace MechanicsburJ, Pennsylvania 17055 Philadelphia, Pennsylvania 19149 Daniel M. Pell, Esquire Marjorie M. Aamodt Anti-Nuclear Group Papresenting York R. D. 5 32 South Beaver Street Coatesville, Pennsylvania 19320 York, Pennsylvania 17401 I

1 1

--