ML19350A306

Request That Es Patterson 810226 Affidavit Be Marked for Identification as Licensee Exhibit & Be Received Into Evidence.Certificate of Svc Encl

ML19350A306
Person / Time
Site:	Three Mile Island
Issue date:	03/02/1981
From:	Baxter T METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19350A307	List: ML19350A306 ML19350A308
References
NUDOCS 8103130450
Download: ML19350A306 (6)

Text

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.x LIC 3/ 2/81 ,.

1 UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION '

l BEFORE THE ATOMIC SAFETY AND LICENSING BOARD _

In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50 * -

) (Restarr '.* 0)

(Three Mile Island Nuclear ) / 'y Station, Unit No. 1) )

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.-11 LICENSEE'S MOTION TO RECEIVE

~

INTO EVIDENCE THE AFFIDAVIT OF b,. ,

ELMER S. PATTERSON \ q' 7I%

During redirect examination on November 24,

/s 4 is/

4 on UCS Contention 10 (Safety System Bypass and Override),

witness Robert D. Pollard, on behalf of the Union e: Concerned Scientists, testified that if applied by the NRC and incorporated into the regulations, IEEE Standard 603-1977 (Draft) would re-quire the relief sought in UCS Contention 10. Tr. 6573.

In rebuttal testimony presented on November 25, 1980, NRC Staf f witness Donald F. Sullivan testified that if section 4.4 of IEEE Std 603 was adopted and applied, it would not require any changes to the TMI-1 design. Tr. 6616.

Subsequently, counsc1 for UCS announced her intention to seek the Board's permission to present surrebuttal by Mr. Pollard in response to Mr. Sullivan's rebuttal testimony, on the basis that UCS was " surprised" by Mr. Sullivan's position. Tr. 6660, 6661.

8103130@O G 5df/

The testimony by both Mr. Pollard and Mr. Sullivan was given orally after Licensee's witness on this subject, Elmer S. Patterson, had been excused. Consequently, Mr.

! Patterson's response or reaction to Mr. Pollard's testimony, cited above, is not in the record.

In response to the CCS request for surrebuttal, the Board decided to return Mr. Pollard and Mr. Sullivan to the witness stand together, to respond to questions sequentially on the interpretation of IEEE Std 603-1977. Tr. 6717, 6718.

Licensee's witness Patterson, because of other commitments, had already departed. See Tr. 6665, 6717. The oral testimony of Messrs. Pollard and Sullivan appears at Tr. 6719-6788.

Licensee advised the Board, both before and after the additional testimony was presented, that allowing the testimony might necessitate the recall of Licensee witness Patterson, who had not been provided an opportunity to address I the specific contention advanced by Mr. Pollard on redirect examination. See Tr. 6661-6662, 6665-6666, 6779. Licensee indicated that Mr. Patterson would review the transcript.

Tr. 6779.

Chairman Smith suggested, in announcing the Board's decision to recall both Mr. Pollard and Mr. Sullivan, that perhaps an affidavit by Mr. Patterson, rather than an actual appearance, might suffice to present Licensee's position.

Tr. 6718. Having reviewed the transcript of November.25, 1980, we agree. Mr. Patterson has prepared the enclosed

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affidavit following his review of the testimony given by Messrs. Pollard and Sullivan. Licensee does not believe that the issue is of sufficient importance to warrant re-calling Mr. Patterson to the hearing. We believe it is only fair, however, that Licensee's position be reflected in the evidentiary record along with those of UCS and the NRC Staff.

Accordingly, Licensee moves that the enclosed

, Affidavit of Elmer S. Patterson, dated February 26, 1981, be marked for identification as a Licensee exhibit and received into evidence.

Respectfully submitted, SEAW, PITTMAN, PCTTS & TROWBRIDGE Thomas A. Baxter Counsel for Licensee 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1090 Dated: March 2, 1981

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

)

fu iPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Licensee's Motion to Receive into Evidence the Affidavit of Elmer S. Patterson" and " Affidavit of Elmer S. Patterson" were served this 2nd day of March, 1980 by deposit in the U.S. mail, first class, postage prepaid, to the parties identified on the attached Service List.

w s: .

Thomas A. Baxter 1

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 Jchn A. Iavin, Es@

Chairman Assistant Cotrsel Atcmic Safety and Licensing Perr.sylvania Public Utility CctrJ.ssion Board P.O. Box 3265 U.S. Nuclear Pegulatorf Ccrmission Farrisburg, Perrsylvania 17120 Washingten, D.C. 20555 Karin W. Carter, Esqtdre Dr. Walter H. Jordan Robert Adler, Es @

Atcmic Safety and Licersing Assistant Attorney General Board Panel 505 Exectt. iw Hcuse 881 West Outer Drive P.O. Box 2357 Oak Ridge, Tennessee 37830 Harrisburg, Perr.sylvania 17120 Dr. Linda W. Little John E. Minnich Atcmic Safety and Licersing Chan, Dauphin Cbunty Board Board Panel of Ccrmissiorars 5000 Hernitage Drive Dauphin County Courthouse Raleigh, North Carolina 27612 Front ard Parket Streets Harrisburg, Perrsylvania 17101 James R. Tourtellotte, F M m Office of the Executive Iagal Director Walter W. Cchen, Esquire U.S. Nuclear Pegulatorf Ccanissicn Ccrsumer Adwrate Washingten, D.C. 20555 office of Ccrsumer Mvcx: ate 1425 Strawberr/ Square Docketing and Service Section Harrisburg, Perrsyhenia 17127 Office of the Secretary U.S. Nuclear Regulator / Ccamission Washingten, D.C. 20555

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Jordan D. Cunningham, Esquire Pebert C. Pollard i 2320 North Secx:nd Street 609 M:ntpelier Street Harrisburg, Pennsylvania 17110 Baltinere, Mar / land 21218 Ms. Icuise Bradford Chauncey Kepford DE ALEE Judith H. Jchnsrud 315 Peffer Street Envircrmental Coalition en Nuclear Pcwer Harrisburg, Pennsylvania 17102 433 Orlando Avenue State College, Pennsylvania 16801 Ellyn R. Weiss, Esquire Harnon & Weiss Marvin I. Iewis 1725 Eye Street, N.W., Suite 506 6504 Bradford Terrace Washington, D.C. 20006 Philadelphia, Pentsflvarla 19149 Steven C. Sholly Marjorie M. Aamodt Unicm of Concerned Scientists R. D. 5 1725 Eye Street, N.W., Suite 601 Coatesville, Penturylvania 19320 Washington, D.C. 20006 itcrnas J. Gernine, Esquire Gail Bradford Deputy At*wrney General MM Divisien of Iaw - Poem 316 245 West Philadelphia Street 1100 Paynend Boulevard York, Pennsylvania 17404 Newark, New Jersey 07102 William S. Jordan, III, Esquire Harmon & Weiss 1725 Eye Street, N.W. , Suite 506 Washington, D.C. 20006 r

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