ML19351D123
| ML19351D123 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/06/1980 |
| From: | Tourtellotte J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | UNION OF CONCERNED SCIENTISTS |
| References | |
| NUDOCS 8010090057 | |
| Download: ML19351D123 (4) | |
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Doctergo USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION E;
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BEFORE THE ATOMIC SAFETY A_ND LICENSING BOARD 1 h
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In the Matter of
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METROPOLITAN EDIS0N COMPANY
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Docket No. 50-289
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(Three Mile Island Nuclear Station,
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Unit No.1)
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RESPONSE OF NRC STAFF TO UCS INTERROGATORIES DATED SEPTEPSER 25, 1980 On September 25, 1980, the Union of Concerned Scientists (UCS) filed
" Interrogatories to the NRC Staff Based on New Infomation." The inter-rogatories posed by UCS to the Staff concern the contents of a letter dated September 5,1930 from Darrell G. Eisenhut (NRC) to all licensees and applicants. UCS apparently did not receive a complete copy of the letter until September 19, 1980.
i UCS mischaracterizes the letter of September 5,1980 from Darrell G. Eisenhut, Director, Division of Licensing to all licensees and applicants on the subject of " Preliminary Clarification of TMI Action Plan Requirements." The nature of the interrogatories clearly implies that the September 5,1980 letter imposes new requirements on licensees and applicants when, in fact, that letter only proposes changes in requirements. As is clear from the letter of transmittal appearing in the front of that document and in the 9509 50 /
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Federal Register Notice issued subsequent to the letter, 45 Fed. Reg. 60508 (September 12,1980), the proposed changes were sent out for receipt of coments from both the public and the industry. Also as noted in the Federal Register Notice, the document is to be finalized in early October, 1980.
Since there is no final document suggesting new requirements and because the evaluation of public and industry coments is currently an ongoing task of the NRC Staff, it is impossible to respond meaningfully to the UCS inter-rogatories at this time.
Notwithstanding the fact that the UCS interrogatories appear to be untimely,1/
the Staff does expect to be able to answer them after its position on new requirements is established. To the extent possible the Staff will provide those ans,wers to UCS and the Board prior to hearings being held on those specific contentions.E Respectfully submitted, h
James R. Tourtellotte Assistant Chief Hearing Counsel Dated at Bethesda, Maryland this 6th day of October,1980 if The Staff notes that UCS has not fully complied with 10 C.F.R. 52.740(b)(1) which provides, in part, "no discovery shall be had after the beginning of the prehearing conference held pursuant to 52.752 except upon leave of the presiding officer upon good cause shown." Specifically in this case, no prior approval was obtained from the Licensing Board by UCS in filing.these interrogatories.
-2/ Staff would also point out that in any event UCS would have the right to explore the Staff's position upon cross-examination at the hearing and would not, therefore, be prejudiced.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY C0fMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDI50N COMPANY,
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(Three Mile Island, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of " RESPONSE OF NRC STAFF TO UCS INTERR0GATORIES DATED SEPTEMBER 25, 1980", dated October 6, 1980 in the above-captioned pro-ceeding, 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 6th day of October,1980:
- Ivan U. Smith, Esq.
Mr. Steven C. Sholly Atomic Safety & Licensing Board Panel 304 South Market Street U.S. Huclear Regulatory Commission Mechanicsburg, Pennsylvania 17055 Washington, D.C.
20555 Mr. Thomas Gerusky Dr. Valter H. Jordan Bureau of Radiation Protection 881 W. Outer Drive Dept. of Environmental Resources Oak Ridge, Tennessee 37830 P.O. Box 2063 Harrisburg, Pennsylvania 17120 Dr. Linda W. Little 5000 Hermitage Drive Mr. Harvin I. Lewis Raleigh, North Carolina 27612 6504 Bradford Terrace Philadelphia, Pennsylvania 19149 George F. Trowbridge, Esq.
Shaw, Pittmen, Potts & Trowbridge Metropolitan Edison Company 1800 M Street, N.W.
ATTN:
J.G. Herbein, Vice President 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 Harrisburg, Pennsylvania 17120 Etters, Pennsylvania 17319 Honorable Mark Cohen Walter W. Cohen, Consumer Advocate
$12 D-3 Main Capital Building Department of Justice Harrisburg, Pennsylvania 17120 Strawberry Square,14th Floor Harrisburg, Pennsylvania 17127 9
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. Allen R. Carter, Chairman John 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 Mon.tpelier 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, Pennsylvania 16801 Ms. Ellyn R. Weiss Harmon & Weiss Ms. Frieda Berryhill, Chairman
?725 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 Daniel M. Pell, Esq.
Coatesville, Penns.ylvania 10 r.0 Attorney for ANGRY 32 South Beaver Street York, Pennsylvania 17401
- Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Ig h
Washington, D.C.
20555
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- Atomic Safety and Licensing Board Panel Janies R. Tourtellotte U.S. Nuclear Regulatory Comission Assistant Chief Hearing Counsel Washington, D.C.
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- Secretary U.S. Nuclear Regulatory Commission ATTH: 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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