ML19351F110
| ML19351F110 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 12/15/1980 |
| From: | Johnsrud J Environmental Coalition on Nuclear Power |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8012290514 | |
| Download: ML19351F110 (4) | |
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ENVIRONM, ENTAL COALITION ON NUCLEAR POWER Co D. rectors: Mr. George Boomsme-R.D. et, Peach Bottom, Pe. 17563 717 5484836 Dr. Jwdith Johnerud-433 orleado Avenue, State Collem,Pe.1C801'814a37m UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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~ j In the Matter of T
METROPOLITAN EDISON COMPANY, et al.
Docket No. 50-289 g
ree Mile Island Nuclear Station, t it 1) 2
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$E NSE OF THE ENVIRONMENTAL C0ALITION ON NUCLEAR POWER TO BOARD pN DEC 19 W PfftJRANCA AND ORDERS OF tiOVEMBER 25, DECEtCER 4 AND ll,1980 gggt of s' e W;t l
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c The Environmental Coalition on Nuclear Power here responds to g
ctie Board's orders concerning emergency response and evacuation planning
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C) la contentions and other matters referenced in the December 4,,1980, Order.
With respect to the November 25, 1980 Memorandum and Order, ECNP notes that its representative had contacted Mr. Sholly's office on the j
moming of Noveder 24 to inform him that she was'ill and would be unable to drive to Harrisburg for the meeting. Other than Licensee's Memorandum of Noveder 18, Mr. Sholly's subsequent infomation that he would be dis-cussing emergency planning contentions with Newberry Township 'THI Steering
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Comittee counsel, and NUREG-0746 (delivered to ECNP on Deceder 12,1980),
these Intervenors have received no information produced at the November 24th meeting of intervenors, licensee and staff. ECNP notes further that, in l
a continuation of the discriminatory treatment of parties in this proceeding, no copy of Revision 1 of NUREG-0654 has been served on the ECNP Intervenor',
s despite its being referred to by the Board as a basis for a grouping of contentions with which intervenors must concur or disagree in tjeis response.
Nor has.the NRC Staff served upon these Intervenors a study of the TMI' Health Physics program to which Mr. Sholly' has made reference in telephone conversa-tion and which we understand tihave been ' served upon Mr. Sholly some time ago.
In the absence of infomation essential for an appropriate response to the terms of the Board's Noveder 25, 1980, Order, ECNP states that it intends to litigate its contentions on emergency response and ev::cuation :
planning to the fullest extent possible and to consolidate where suitable any portions of contentions with other intervenors when discussion with those intervenors is possible.
ECNP notes also that NUPEG-0746 is a. Staff evaluation measured agai w;;pf p;,4 vis,on1.a _e,ngto _, a _ e,.s y
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. cover letter dated December 10, 1980.
It is impossible for these Inter-A venors to file msponses or'further discovery requests related to this basic document which we have not received, a withholding that is clearly prejudicial to the interests and ability to litigate contentions of these
, Intervenors.
ECNP requests the Board to order the service of NUREG-0654 by the Staff to these Interveners. EC4P additionally requests the,go to grant a reasonable extension of time following receipt ofJUPI6-0654
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to compare it with NUREG-0746 and to formulate and submit arIy.[ discovery h
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requests that may result from the perusal.
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In further response _to the Board's December 11, 1980, Order l ECNP notes that it expects to attend the required meeting on Decembhr 19,1980l/h again dependent on state of health and on winter driving conditio'ns, t
With respect to the Board's Order to ECNP dated December 4,1980, ECiP mplies as follows. The ECNP representative had informed Mr. Sholly of the circumstances of illness and of uncertainty about the availability of ECNP for cross-examination on Contention 1(d). The interpretations of the December 3,1980, telephone conversation of the Board Chair: nan with the ECNP representatives, as provided at Transcript pages 7215-18, differ somewhat from the vertatim statements of the participants in that discus-sion.
The ECNP Intervenors have received no transcript since the Novem-ber 26,1980, session, although it is now Deceder 15,1980. Transcripts for the November 19-26,1980, sessions were received on December 8,1900.
At the time of the December 3,1980, conversation with Mr. Smith, ECNP l
had received transcripts up-to-and including the November 18, 1980, session.
The statement was made to Mr. Smith that ECNP had searched not just that day's transcripts but all to date in the fruitless effort to leam,.when our contentions were scheduled. The relevant pages of the transcript (TR. 5768) show that, as of November 18, 1980, no schedule for the hearing of ECNP Contention 1(d) was given on the record. The Intervenors are told that they must follow the record and keep up to date; the record is with-held; even when the record is finally delivered, the Intervenors find that the' matter in question has been discussed off the record. The Intervenors are thereby deprived of their due process to litigate the issues raised and accepted by the Board.
It is the intention of the ECNP Intervenors to prosecute the remaining contentions on emeroency planning, within our resource capability. ECNP
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((c' does, however, point out that them may be a certain futility for all
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~-' hk intervenors in pursuing contentions on emergency response and evacuation l if planning befom an Atomic Safety and Licensing Board that has disquali:fied
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itself to hear these issues (Tr. 4512-14).
ECNP's revised emergency planning contentions, fil ed January 7,1980, should be reconsidered and readmitted by an ASLB that believes itself to be competent to hear and decide these issues.
An exact transcript of the ECNP -Intervenors' representatives' tele-phone conversation with the Board Chairman will follow, to clarify the record.
Pespectfully submitt d,
- #l N W" Judith H.
hnsrud Co-Di recto r Dated this 15th day of December,1980 e
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CERTIFICATE OF SERVICE I hereby certify that. copies of RESPONSE OF THE ENVIRONMENTAL C0ALITION ON NUCLEAR POWER TO BOARD PEM0RANDA AND ORDERS OF DECEMSER 4 AND 11,1980 have been served on the following parties in this p oceeding, by deposit in the US Mdil, first class, postage paid, this 15th day of December,1980.
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l Ivan W. Smith, Esquire Chairman James A. Tourtellotte Esquire Ate =ic Safety and Licensing Office of the Executive Legal Board Panel Director U. S. Nuclear Regulatory U.S. Nuclear Regulatory Ccamission Coc= sis sion Washington, D.C.
20555 Vashington, D.C.
20555 bocketing and Service Section i
l Dr. Walter H. Jordan Office of the Secretary i-Atomic Safety and Licensing U;S. Nuclear Regulatory Cocanission.
Board Panel Washington, D.C.
20555 881 West Outer Drive Cak Ridge, Tennessee 37830 Ceorge F. Trowbridge, Esquire Dr. Linda W. Little Shaw, Pittman, Potts & Trowbridge l
Ato eS and Licensing 20036 5000 Hermitage Drive I
Raleigh, North Carolina 27612
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