|
---|
Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20210B8491999-07-21021 July 1999 Exemption from Certain Requirements of 10CFR50.54(w),for Three Mile Island Nuclear Station Unit 2 to Reduce Amount of Insurance for Unit to $50 Million for Onsite Property Damage Coverage ML20206D4141999-04-20020 April 1999 Exemption from Requirements of 10CFR50,App R,Section III.G.2 Re Enclosure of Cable & Equipment & Associated non-safety Related Circuits of One Redundant Train in Fire Barrier Having 1-hour Rating ML20206T7211999-02-11011 February 1999 Memorandum & Order (CLI-99-02).* Denies C George Request for Intervention & Dismisses Subpart M License Transfer Proceeding.With Certificate of Svc.Served on 990211 ML20198A5111998-12-11011 December 1998 Comment Opposing Proposed Rule 10CFR50.65 Re Requirements for Monitoring Effectiveness of Maintenance at Nuclear Power Plants.Proposed Rulemaking Details Collaborative Efforts in That Rule Interjects Change ML20154G2941998-09-17017 September 1998 Transcript of 980917 Public Meeting in Rockville,Md Re License Transfer of TMI-1 from Gpu Nuclear,Inc to Amergen. Pp 1-41 ML20199J0121997-11-20020 November 1997 Comment on Pr 10CFR50 Re Financial Assurance Requirements for Decommisioning Nuclear Power Reactors.Three Mile Island Alert Invokes Comments of P Bradford,Former NRC Member ML20148R7581997-06-30030 June 1997 Comment on NRC Proposed Bulletin 96-001,suppl 1, Control Rod Insertion Problems. Licensee References Proposed Generic Communication, Control Rod Insertion, & Ltrs & 961022 from B&W Owners Group ML20078H0431995-02-0101 February 1995 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & Lowpower Operations for Nuclear Reactors ML20077E8231994-12-0808 December 1994 Comment Supporting Proposed Rules 10CFR2,51 & 54 Re Rev to NRC NPP License Renewal Rule ML20149E2021994-04-20020 April 1994 R Gary Statement Re 10 Mile Rule Under Director'S Decision DD-94-03,dtd 940331 for Tmi.Urges Commissioners to Engage in Reconsideration of Author Petition ML20065Q0671994-04-0707 April 1994 Principal Deficiencies in Director'S Decision 94-03 Re Pica Request Under 10CFR2.206 ML20058A5491993-11-17017 November 1993 Exemption from Requirements in 10CFR50.120 to Establish, Implement & Maintain Training Programs,Using Sys Approach to Training,For Catorgories of Personnel Listed in 10CFR50.120 ML20059J5171993-09-30030 September 1993 Transcript of 930923 Meeting of Advisory Panel for Decontamination of TMI-2 in Harrisburg,Pa.Pp 1-130.Related Documentation Encl ML20065J3461992-12-30030 December 1992 Responds to Petition of R Gary Alleging Discrepancies in RERP for Dauphin County,Pa ML20065J3731992-12-18018 December 1992 Affidavit of Gj Giangi Responding to of R Gary Requesting Action by NRC Per 10CFR2.206 ML20198E5581992-12-0101 December 1992 Transcript of Briefing by TMI-2 Advisory Panel on 921201 in Rockville,Md ML20210D7291992-06-15015 June 1992 Exemption from Requirements of 10CFR70.24 Re Criticality Accident Requirements for SNM Storage Areas at Facility Containing U Enriched to Less than 3% in U-235 Isotope ML20079E2181991-09-30030 September 1991 Submits Comments on NRC Proposed Resolution of Generic Issue 23, Reactor Coolant Pump Seal Failure. Informs That Util Endorses Comments Submitted by NUMARC ML20066J3031991-01-28028 January 1991 Comment Supporting SECY-90-347, Regulatory Impact Survey Rept ML20059P0531990-10-15015 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N5941990-10-0404 October 1990 Transcript of 900928 Public Meeting in Rockville,Md Re Studies of Cancer in Populations Near Nuclear Facilities, Including TMI ML20055F4411990-06-28028 June 1990 Comment Supporting Petition for Rulemaking PRM-50-55 Re Revs to FSAR ML20248J1891989-10-0606 October 1989 Order.* Grants Intervenors 891004 Motion for Permission for Opportunity to Respond to Staff Correspondence.Response Requested No Later That 891020.W/Certificate of Svc.Served on 891006 ML20248J1881989-10-0303 October 1989 Motion for Permission for Opportunity to Respond to Staff Correspondence in Response to Board Order of 890913.* Svc List Encl ML20248J0301989-09-29029 September 1989 NRC Staff Response to Appeal Board Order.* Matters Evaluated in Environ Assessment Involved Subjs Known by Parties During Proceeding & Appear in Hearing Record & Reflect Board Final Initial Decision LBP-89-7.W/Certificate of Svc ML20247E9181989-09-13013 September 1989 Order.* Requests NRC to Explain Purpose of 890911 Fr Notice on Proposed Amend to Applicant License,Revising Tech Specs Re Disposal of Accident Generated Water & Effects on ASLB Findings,By 890929.W/Certificate of Svc.Served on 890913 ML20247G0361989-07-26026 July 1989 Transcript of Oral Argument on 890726 in Bethesda,Md Re Disposal of accident-generated Water.Pp 1-65.Supporting Info Encl ML20247B7781989-07-18018 July 1989 Certificate of Svc.* Certifies Svc of Encl Gpu 890607 & 0628 Ltrs to NRC & Commonwealth of Pa,Respectively.W/Svc List ML20245D3651989-06-20020 June 1989 Notice of Oral Argument.* Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from ASLB 890202 Initial Decision Authorizing OL Amend,Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890620 ML20245A5621989-06-14014 June 1989 Order.* Advises That Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from Board 890202 Initial Decision LBP-89-07 Authorizing OL Amend Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890614 ML20247F3151989-05-22022 May 1989 NRC Staff Response to Appeal by Joint Intervenors Susquehanna Valley Alliance/Tmi Alert.* Appeal Should Be Denied Based on Failure to Identify Errors in Fact & Law Subj to Appeal.W/Certificate of Svc ML20246Q2971989-05-15015 May 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20246J6081989-05-12012 May 1989 Licensee Brief in Reply to Joint Intervenors Appeal from Final Initial Decision.* ASLB 890203 Final Initial Decision LBP-89-07 Re Deleting Prohibition on Disposal of accident- Generated Water Should Be Affirmed.W/Certificate of Svc ML20247D2761989-04-20020 April 1989 Transcript of 890420 Briefing in Rockville,Md on Status of TMI-2 Cleanup Activities.Pp 1-51.Related Info Encl ML20244C0361989-04-13013 April 1989 Order.* Commission Finds That ASLB Decision Resolving All Relevant Matters in Favor of Licensee & Granting Application for OL Amend,Should Become Effective Immediately.Certificate of Svc Encl.Served on 890413 ML20245A8381989-04-13013 April 1989 Transcript of Advisory Panel for Decontamination of TMI-2 890413 Meeting in Harrisburg,Pa.Pp 1-79.Supporting Info Encl ML20245A2961989-04-13013 April 1989 Transcript of 890413 Meeting in Rockville,Md Re Affirmation/Discussion & Vote ML20248H1811989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* W/Certificate of Svc.Served on 890411.Granted for Aslab on 890410 ML20248G0151989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* Requests to File Appeal Brief 1 Day Late Due to Person Typing Document Having Schedule Problems ML20248G0261989-04-0606 April 1989 Susguehanna Valley Alliance/Tmi Alert Brief in Support of Notification to File Appeal & Request for Oral Argument Re Appeal.* Certificate of Svc Encl ML20248D7211989-04-0404 April 1989 Memorandum & Order.* Intervenors Application for Stay Denied Due to Failure to Lack of Demonstrated Irreparable Injury & Any Showing of Certainty That Intervenors Will Prevail on Merits of Appeal.W/Certificate of Svc.Served on 890404 ML20247A4671989-03-23023 March 1989 Correction Notice.* Advises That Date of 891203 Appearing in Text of Commission 890322 Order Incorrect.Date Should Be 871203.Certificate of Svc Encl.Served on 890323 ML20246M2611989-03-22022 March 1989 Order.* Advises That Commission Currently Considering Question of Effectiveness,Pending Appellate Review of Final Initial Decision in Case Issued by ASLB in LBP-89-07. Certificate of Svc Encl.Served on 890322 ML20236D3821989-03-16016 March 1989 Valley Alliance & TMI Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of 2.3 Million Gallons Of....* Certificate of Svc Encl.Served on 890316.Granted for Aslab on 890316 ML20236D3121989-03-15015 March 1989 Licensee Answer to Joint Intervenors Motion for Extension of Time to File Brief on Appeal.* Motion Opposed Based on Failure to Demonstrate Good Cause.W/Certificate of Svc ML20236D2901989-03-11011 March 1989 Valley Alliance/Tmi Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of Disposal of 2.3 Million Gallons of Radioactive Water at Tmi,Unit 2.* Svc List Encl ML20236A3761989-03-0808 March 1989 Licensee Answer Opposing Joint Intervenors Motion for Stay.* Stay of Licensing Board Decision Pending Appeal Unwarranted Under NRC Stds.Stay Could Delay Safe,Expeditious Cleanup of Facility.Certificate of Svc Encl ML20236C2441989-03-0808 March 1989 NRC Staff Response in Opposition to Application for Stay Filed by Joint Intervenors.* Application for Stay of Effectiveness of Final Initial Decision LBP-89-07,dtd 890202 Should Be Denied.W/Certificate of Svc ML20235V2641989-03-0202 March 1989 Notice of Aslab Reconstitution.* TS Moore,Chairman,Cn Kohl & Ha Wilber,Members.Served on 890303.W/Certificate of Svc ML20235V2161989-02-25025 February 1989 Changes & Corrections to Susquehanna Valley Alliance/Three Mile Island Alert Documents Submitted on 890221.* Certificate of Svc Encl 1999-07-21
[Table view] Category:PLEADINGS
MONTHYEARML20065J3461992-12-30030 December 1992 Responds to Petition of R Gary Alleging Discrepancies in RERP for Dauphin County,Pa ML20248J1881989-10-0303 October 1989 Motion for Permission for Opportunity to Respond to Staff Correspondence in Response to Board Order of 890913.* Svc List Encl ML20248J0301989-09-29029 September 1989 NRC Staff Response to Appeal Board Order.* Matters Evaluated in Environ Assessment Involved Subjs Known by Parties During Proceeding & Appear in Hearing Record & Reflect Board Final Initial Decision LBP-89-7.W/Certificate of Svc ML20248H1811989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* W/Certificate of Svc.Served on 890411.Granted for Aslab on 890410 ML20248G0261989-04-0606 April 1989 Susguehanna Valley Alliance/Tmi Alert Brief in Support of Notification to File Appeal & Request for Oral Argument Re Appeal.* Certificate of Svc Encl ML20248G0151989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* Requests to File Appeal Brief 1 Day Late Due to Person Typing Document Having Schedule Problems ML20236D3821989-03-16016 March 1989 Valley Alliance & TMI Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of 2.3 Million Gallons Of....* Certificate of Svc Encl.Served on 890316.Granted for Aslab on 890316 ML20236D3121989-03-15015 March 1989 Licensee Answer to Joint Intervenors Motion for Extension of Time to File Brief on Appeal.* Motion Opposed Based on Failure to Demonstrate Good Cause.W/Certificate of Svc ML20236D2901989-03-11011 March 1989 Valley Alliance/Tmi Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of Disposal of 2.3 Million Gallons of Radioactive Water at Tmi,Unit 2.* Svc List Encl ML20236A3761989-03-0808 March 1989 Licensee Answer Opposing Joint Intervenors Motion for Stay.* Stay of Licensing Board Decision Pending Appeal Unwarranted Under NRC Stds.Stay Could Delay Safe,Expeditious Cleanup of Facility.Certificate of Svc Encl ML20236C2441989-03-0808 March 1989 NRC Staff Response in Opposition to Application for Stay Filed by Joint Intervenors.* Application for Stay of Effectiveness of Final Initial Decision LBP-89-07,dtd 890202 Should Be Denied.W/Certificate of Svc ML20235N1621989-02-20020 February 1989 Application for Stay of Effectiveness of Final Initial Decision LBP-89-07 Dtd 890202.* Licensee Would Not Be Harmed by Granting of Stay ML20205D8451988-10-24024 October 1988 Licensee Motion to Strike Portions of Proposed Testimony of Kz Morgan.* Proposed Testimony Should Be Ruled to Be Not Admissible as Evidence in Upcoming Hearing.Supporting Info & Certificate of Svc Encl.W/Copyrighted Matl ML20205D6801988-10-20020 October 1988 Valley Alliance/Tmi Alert Notification to Parties That Kz Morgan Apps to Testimony Should Be Accepted as Exhibits.* Apps Listed.Svc List Encl.Related Correspondence ML20155G9981988-10-0404 October 1988 Valley Alliance/Tmi Alert Motion for Reconsideration of Part of Judge Order (880927) Re Limited Appearance Statements by Public.* Certificate of Svc Encl ML20155G9921988-10-0404 October 1988 Valley Alliance/Tmi Alert Motion to Submit Witness Testimony as Evidence W/O cross-exam at Hearing in Lancaster.* Requests That Cw Huver Testimony Be Accepted as Evidence ML20151S0261988-07-28028 July 1988 Valley Alliance/Tmi Alert Response to Licensee Notification of Typo in Bid Procurement Document.* Explanation for Change in Document Inadequate.W/Svc List ML20196G7801988-06-23023 June 1988 Motion of NRC Staff for Leave to File Response Out of Time.* Encl NRC Response in Support of Licensee Motion for Summary Disposition Delayed Due to Equipment Problems ML20196G9051988-06-23023 June 1988 NRC Staff Response in Support of Licensee Motion for Summary Disposition.* Motion Should Be Granted on Basis That No Genuine Issue Before ASLB or to Be Litigated.Supporting Documentation & Certificate of Svc Encl ML20196B5091988-06-20020 June 1988 Valley Alliance/Tmi Alert Response to Licensee Motion or Summary Disposition on Contentions 1-4,5d,6 & 8.* Affidavits of Kz Morgan,R Piccioni,L Kosarek & C Huver & Supporting Documentation Encl ML20154E2301988-05-16016 May 1988 Licensee Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard (Contentions 1,2,3 & 8).* ML20154E2081988-05-16016 May 1988 Licensee Motion for Summary Disposition on Alternatives (Contentions 1,2,3 & 8).* Motion Should Be Granted Based on Licensee Meeting Burden of Showing That Alternatives Not Superior to Licensee Proposal ML20154E3491988-05-16016 May 1988 Licensee Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard (Contention 5d).* ML20154E2851988-05-16016 May 1988 Licensee Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard (Contentions 4b in Part & 6 on Chemicals).* ML20154E3251988-05-16016 May 1988 Licensee Motion for Summary Disposition of Contention 5d.* Motion Should Be Granted in Licensee Favor ML20154E2681988-05-16016 May 1988 Licensee Motion for Summary Disposition of Contentions 4b in Part & 6 (Chemicals).* Licensee Entitled to Decision in Favor on Contentions & Motion Should Be Granted ML20154E1631988-05-0909 May 1988 Licensee Statement of Matl Facts as to Which No Genuine Issue to Be Heard (Contentions 4b in part,4c & 4d).* Lists Matl Facts for Which No Genuine Issue Exists ML20154E1281988-05-0909 May 1988 Licensee Motion for Summary Disposition of Contentions 4b (in part),4c & 4d.* Requests That Motion for Summary Disposition Be Granted on Basis That No Genuine Issue of Matl Fact Exists to Be Heard Re Contentions ML20154E1761988-05-0909 May 1988 Licensee Memorandum of Law in Support of Motions for Summary Disposition.* Requests Ample Notice Should Board Decide to Deny Summary in Part or in Whole ML20151E9491988-04-0707 April 1988 Licensee Answer to Intervenor Motion for Order on Production of Info on Disposal Sys Installation & Testing.* Intervenor 880330 Motion Should Be Denied Due to Insufficient Legal Basis.W/Certificate of Svc ML20150F9821988-04-0101 April 1988 Licensee Answer to Intervenors Motion to Compel Discovery.* Motion Should Be Denied on Basis That Licensee Responded Fully to Discovery Request.Certificate of Svc Encl ML20148P3931988-03-30030 March 1988 Valley Alliance & TMI Alert Motion to Request That Presiding Judge Order Gpu Nuclear to Provide Addl Info & Clarify Intentions to Install Test & Conduct Experiments W/Evaporator Prior to Hearings.* ML20196D2801988-02-12012 February 1988 NRC Staff Response to Motion by TMI Alert/Susquehanna Valley Alliance for Extension of Discovery.* Motion Should Be Denied.Certificate of Svc Encl ML20196D3541988-02-10010 February 1988 Licensee Response Opposing Susquehanna Valley Alliance/Tmi Alert Intervenor Motion for Extension of Time for Discovery.* Joint Intervenors Failed to Show Good Cause for Extension of Time for Discovery.Certificate of Svc Encl ML20148D4661988-01-19019 January 1988 Licensee Objection to Special Prehearing Conference Order.* Board Requested to Clarify 880105 Order Consistent W/ Discussed Description of Board Jurisdiction & Scope of Proceeding.W/Certificate of Svc ML20236N9081987-11-0505 November 1987 Joint Motion for Approval of Settlement Agreement & for Termination of Proceeding.* Termination of Proceeding Should Be Granted ML20235F3651987-09-23023 September 1987 Util Response Opposing NRC Staff Motion to Rescind Protective Order.* Response Opposing Protective Order Guarding Confidentiality of Document Re Methodology of Bechtel Internal Audit Group ML20235B3911987-09-18018 September 1987 NRC Staff Motion for Extension of Time.* Staff Requests Short Extension of Time Until 870925 to File Responses to Pending Petitions.Certificate of Svc Encl ML20235F4401987-09-18018 September 1987 Util Supplemental Response to NRC Staff First Request for Admissions.* Util Objects to Request as Vague in Not Specifying Time Frame or Defining Proprietary, Pecuniary.... W/Certificate of Svc.Related Correspondence ML20238E6001987-09-0404 September 1987 NRC Staff Motion to Rescind Protective Order.* Protective Order Should Be Rescinded & Presiding Officer Should Take Further Action as Deemed Appropriate.W/ Certificate of Svc ML20238E6391987-09-0303 September 1987 Commonwealth of PA Statement in Support of Request for Hearing & Petition to Participate as Interested State.* Susquehanna Valley Alliance 870728 Request for Hearing, Notice of Appearance & Certificate of Svc Encl ML20237J9931987-08-12012 August 1987 Joint Gpu & NRC Staff Motion for Protective Order.* Order Will Resolve Discovery Dispute ML20237K0431987-08-11011 August 1987 Gpu Response Opposing Parks Motion to Quash Subpoena Duces Tecum.* Exhibits & Certificate of Svc Encl ML20236P1871987-08-0505 August 1987 Formal Response of Rd Parks to Subpoena Duces Tecum of Gpu &/Or,In Alternative,Motion to Quash/Modify Subpoena Due to Privileged Info.* Documents Are Communications Protected by Atty/Client Privilege.Certificate of Svc Encl ML20236E7101987-07-28028 July 1987 Joint General Public Utils Nuclear Corp & NRC Staff Motion for Protective Order.* Adoption & Signature of Encl Proposed Order Requested ML20216J7871987-06-29029 June 1987 Opposition of Gpu Nuclear Corp to Aamodt Motion for Reconsideration.* Motion Asserts Board Did Not Consider Important Evidence on Leakage at TMI-2.W/Certificate of Svc ML20216D2311987-06-23023 June 1987 Response of Jg Herbein to Aamodt Request for Review & Motion for Reconsideration.* Opportunity for Comment Should Come After NRC Has Made Recommendations to Commission.Certificate of Svc Encl ML20215J8981987-06-19019 June 1987 Response of Numerous Employees to Aamodt Request to File Comments on Recommended Decision.* Numerous Employees Do Not Agree W/Aamodt That Recommended Decision Is Greatly in Error.Certificate of Svc Encl ML20215K2121987-06-17017 June 1987 (Motion for reconsideration,870610).* Corrections to Pages 3 & 4 Listed ML20215J7551987-06-15015 June 1987 Gpu Response to Motion to Quash Subpoena.* Dept of Labor 870601 Motion to Quash Subpoena Served on D Feinberg Should Be Denied.W/Certificate of Svc 1992-12-30
[Table view] |
Text
0-
% h O 'A
// N f- Lic 2/13/81 g _
4 g ' //b
. ,,) , #- c-\
h% 0 Igg 9 pgg i 7 gg * $2I Jg.9,,[.>8j UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
\
i c, Once Dec.etetof 28
' Sm ce 38",.M A
of jw i Bru c Ir.J?ARE THE ATOMIC SAFETY AND LICENSING BOARD Y4 p I u, In the Matter of )
)
METROPOLITAN EDISON COMPANY ) Docket No. 50-289
) (Restart)
(Three Mile Island Nuclear )
Station, Unit No. 1) )
LICENSEE'S RESPONSE TO ANGRY REQUEST FOR RECONSIDERATION OF ITS MOTION TO-ADOPT MR. SHOLLY'S EMERGENCY PLANNING CCNTENTIONS The procedural background of ANGRY's present reconsideration motion is fairly straightforward. On December 23, 1980, inter-venor Steven C. Sholly withdrew his Contention Nos. 8 (emergency planning) and 9 (radiation monitoring). ANGRY's legal representa-tive orally moved to adopt all of these contentions at the January 8, 1981 hearing session (Tr. 9995, 9997). With two exceptions, Licensee opposed this recuest in a filing dated January 19, 1981.b!
The Board issued a bench order on January 27, 1981, authorizing ANGRY to adopt Sholly Contention Nos. 8 (I) (B) , 8 (I) (I) and 9, but denying the rest of the ANGRY motion (Tr. 11,023-25). The matter was discussed again at.the February 4, 1981 hearing session
-1/
ANGRY's claim that Licensee's filing was untimely (at p. 3) is based on a misunderstanding of the Ccmmission's rules for computing time (see 10 C.F.R. S 2.710). ANGRY's gratuitous comments about the " busyness" of Licensee's counsel are totally irrelevant to the matter at hand.
3 5*0 810223089/.
G $8/
(Tr. 11,676-88), and ANGRY was given the opportunity to file an additional written motion in support cf its request (Tr. 11,677).
ANGRY filed such a paper on February 6, 1981, labeling it a re-quest for reconsideration. Licensee opposes the ANGRY request.
While designared a request for reconsideration, it is ap-parent that ANGRY's present motion is substantially different than its oral motion on January 8, 1981. At that time ANGRY sought the wholesale adoption of every emergency planning con-tention raised by Mr. Sholly. ANGRY now seeks to adopt nine of Mr. Shelly's contentien and to " exchange" one of its contentions for one of Mr. Sholly's.2/ Before addressing each of the conten-tions which ANGRY proposes to adopt, some general comments are in order.
In License.. view an intervenor does not have the "right" to adopt the contentions of a party who has withdrawn. Even if everyone of the Sholly contentions was unique --- which most emphatically is not the crse -- Licensee would oppose ANGRY's request. At this late stage in the proceeding, an exceptional shcwing must be made to justify the exceptional action of adopting large parts of another intervenor's case. ANGRY has not made such a showing.
While attempting to indicate that the problems it now faces
-2/
There is some confusion as to precisely which contentions ANGRY desires to adopt. The chart attached to the ANGRY filing lists Sholly Contention No. 9 (I) (H) as one which ANGRY wants to " keep",
but that contention is nowhere discussed in the text of ANGRY's filing; nor.is it included among the contentions attached to the back of the filing.
3-are due to arrangements between 2tr. Sholly and ANGRY to consoli-date, exactly the opposite is true. It is because intervenors in the emergency planning area have been unwilling to consolidate I that ANGRY now seeks to adopt Mr. Sholly's contentions. ! Had intervenors worked together earlier and developed a single con-solidated list of emergency planning contentions, the withdrawal of Mr. Sholly would not have affected the emergency planning por-tion of this proceeding. This is what Licensee proposed at the 4
meeting on December 19, 1980.
The charts attached to the back of ANGRY's filing represent Licensee's proposal to simplify issues. Licensee indicated at the meeting that under its proposal all intervenors cculd sponsor the single set of contentions so long as there was no duplication i
~
of cross-examination during the hearing. At the meeting Licensee explained the reasoning behind the deletions it was suggesting with the express understanding that at a later date the inter-venors would respond to.the presentation. Licensee has received no such response. Before he withdrew, Mr. Sholly informed Licensee that his input to the response was complete and all that remained was for ANGRY and Newberry to review that response.
For whatever reason, ANGRY has chosen not to participate further in this effort. Having been unwilling to consolidate when it did not suit its purposes, ANGRY should not new be able to reap 3/
~
ANGRY's claim that it has attempted to consolidate is belied by the sheer number of emergency planning contentions and Mr.
Shelly's candid concession that in the emergency planning area i there has not been much consolidation. Tr. 4483-84 and 4496.
.-.- ., , , - - ,,---.v, .,w---,- - - . , - - , ,,-,-,.+-cp , - - , , - - - .- , - , - , - - . - . , - f--e- --,- c y
all the advantages of such a process, without assuming any of the responsibilities that would have simplified the emergency planning area, by adopting Mr. Shelly's contentions. The Sholly contentions are discussed belcw.
A. Sholly Contention Nos. 8 (I) (F) and 8 (I) (G)
Both of these contentions deal with offsite support agencies and the letters of agreement between Licensee and such agencies.
ANGRY already has a contention precisely on this point, ANGRY Contention No. III(A) (D) (EP-4(B)), which goes to Licensee's letter agreements, as well as another contention going to York County arrangements, ANGRY Centention No. III (C) (10) (EP-6(D)).
Despite ANGRY's apparent lack of knowledge about the matter, Licensee asked extensive interrogatories abcut Contention No.
III( A) (D) (EP-4(B)) and received two sets of responses from Mr.
Pell. These responses were specifically addressed in Licensee's onsite emergency preparedness testimony. To now add the Sholly contentions would only cause unnecessary mischief. Indeed, some i of the deficiencies advanced by Mr. Sholly in his Contention No.
8 (I) (G) are not the same as the deficiencies identified by ANGRY in Mr. Fell's responses to interrogatories.
S. Sholly Contention No. 8(I)(J)
This contention deals with an assumed delay in accident
- assessment time and the need for contingency plans should there i
be such a time delay-in accident assessment. Though not pre-cisely the same, ANGRY Contention No. III(A) (J) (1) (EP-4 (H) (1) )
i alleges that Licensee has failed to properly specify the criteria I
i for implementing protective actions because of a failure to set i
I forth the expected accident assessment time. Moreover, the under-
! i
, lying thrust of Mr. Sholly's contention goes to the effectiveness I
F
)
~
of changes that Licensee has made in plant instrumentation, training and human factors engineering, matters covered during ;
other parts of this proceeding. To the extent the Sholly conten- l tion raises an emergency planning issue -- i.e., the impact on i I protective action opticns resulting from a delay in accident' i'
assessment, that issue is identical to the concern raised in ANGRY Contention No. III( A) (J) (1) (EP-4 (H) (1) ) .
i I
C. Shelly Contention No. 8 (II) (B)
I:
j This contention deals with two assumptions in the State Plan i
that are alleged to be unjustified. The validity of one-of the I
assumptions, relating to " unmet" needs, is also raised in ANGRY l Contention No. III(C) (12) (EP-6(F)). The other assumption, re-
- lating to shelter of evacuees, is covered in the following Conten-i tions
- ECNP 2-38 (EP-13 ) ; Newberry York 31 (EP-14(EE)); and .
Newberry Dauphin 1, 11 & 19 (EP-16(A), (L) & (S)). If ANGRY desires to litigate these matters it should be directed to con-solidate with ECNP and Newberry.
?
D. Sholly Contention No. 8 (II) (D)
This contention deals with evacuation time eatimates and i
l possible physical impediments to evacuation. ANGRY Contention No. III(B) (E) (2) (EP-5 (B) (2) ) raises precisely-the same issues.
t i
_g-E. Sholly Contention No. 8 (II) (G)
This contention challenges the adequacy of emergency plan drills by the State. ANGRY Contention "o. III(Al(H) (EP-4(F))
alleges that a state emergency drill should be conducted prior to restart. Newberry Contention Met Ed 5 (EP-15(D)) also chal-lenges the adequacy of the State emergency plan d' rill.
F. Sholly Contention No. 8 (III) (A)
This contention deals with the adequacy of municipal re-sources needed to effectuate the county plans. This contention was discussed during the October 31, 1980 prehearing conference (Tr. 4471-83), and at that time it was specifically noted that both ANGRY and Newberry have contentions in this area (Tr. 4479).
Nonetheless, the contention was admitted subject to Mr. Sholly specifying his concerns (Tr. 4480). Mr. Sholly filed such a specification on November 24, 1980. However, it did no more than identify generalized concerns about resources li5e police (security),
fire, ambulance, bus, communication, and mass care that already had been covered by specific cententions. Licensee sees no pur-pose in now allowing ANGRY to adopt a contention that is covered by a myriad of other contentions.
G. Sholly Contention Nos. 8(III)(E) and 8 (-III) (F)
Both of these contentions deal with early warning and noti-fication to the population at risk, including transients. ANGRY Contention No. III(B) (G) (1) (EP-5 (D) (1) ) raises precisely the same concern. In addition, there are numerous Newberry conten-tions in this area -- i.e., York 1, 2, 15, 19 & 32 (EP-14(A),
4 N-
l (3), (O), (T) & (FF)) and Dauphin 5 & 13 (EP-16(E) & (M) ) .
3 H. Sholly Contention No. 8 (I) (R) and ANGRY Contention
- No. III( A) (E) (EP-4(C))
As ANGRY acknowledges, both of these contentions deal with the same subject. Since both Licensee and the NRC Staff have filed testimony in this area, Licensee. opposes a change in the word ag of the contention. As a practical matter, ANGRY will be free to pursue its concerns regardless of whether it "ex-changes" contentions.
WHEREFORE, ANGRY's request for reconsideration of its motion to adopt Mr. Sholly's emergency planning contentions should be denied.
i I
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By: -
tL Robert r. Za51er '
Dated: February 13, 1981 J
d t:
,- .. , ,--.,,y. , . - - - -r -
9 , g . - - - _ w -----n -
A Lic 2/13/81
- UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIOli BEFORE THE ATOMIC SAFETY AND LICENSING EOARD
}
In the Matter of )
)
METROPOLITAN EDISON CCMPANY ) Docket No. 50-289
) (Restart)
(Three Mile Island Nuclear )
Station, Unit No. 1) )
CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Respense to ANGRY Request for Reconsideration of its Motion to Adopt Mr.
Sholly's Emergency Planning Contentions", were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 13th day of February,1981.
Tobert E. isr Dated: February 13, 1981
=
4 e - - _ . w -- ,
+ -- ,
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATCMIC 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, Escuire Jchn A. Iavin, 'Me C:airran Assistant Ccursel Atcric Safety ard Licensi:n Pennsylvarla Public Utility Ca m'n Board Parel Pest office Bcx 3265 U.S. Nuclear Pegulater/ Camission Harrisburg, Pennsylvarla 17120 Washingten, D.C. 20555 Karin W. Carter, " @ e Dr. Walter H. Jordan Assistant Atterrey Geraral Atcmic Safety ard Licensi.g 505 Executive Ecuse Board Parel Pest Office acx 2357 881 West Cuter Drive Harrisburg, Perrsylvaria 17120 Cak Ridge, Terrassee 37830 Jchn E. Minnich Dr. Linda W. Little ChaLnan, Dauphin County "M Atamic Safety ard Li nsing of Camissicners Board Paral Dauphin County Ccurthcuse 5000 Eerrirage Drive Frcnt and Market Streets Raleigh, Ncrth Carolina 27612 Harrisburg, Perrsylvarla 17101 James R. 'Iturtellette, Esquire Walter W. Cchen, 'MT Office cf the Executive Iagal Direc:cr Censumer Id xcate U. S. Nuclear Pegulaterf Ccrmissicn Office of Ccrsuner db.u'. ate Washi.g ten, D.C. 20555 14th Floor, Strawberrf Scuare Barrisburg, Penrsylvarla 17127 Docketing ard Serrh Secticn Office of the Secretarf U. S. Nuclear Pegulaterf Camissien Washingten, D.C. 20555
1 j.
J 1
o l
Jordan D. Cunningham, Esquire Gail Bradford Attorrey for Newberry 'Ibwnship Anti-Nuclear Grcup Pepresenting Ycrk T.M.I. Steering Camittee 245 West Philadelphia Street Fcx, Farr & Cunningham York, Perrsylvania 17404 2320 North Seccrd Street l Harrisburg, Pennsylvania 17110 Willian S. Jordan, III, Esquim Atter:uy for People Icairst Nuclear Ms. Icuise Bradford Energy
, 'D1I ALERr Paz:ncn & Weiss 315 Peffer Street 1725 Eye Street, N.W., Suite 506 Harrisburg, Perr.sylvania 17102 Washi. W n, D.C. 20006 Attorney Ger.eral of New Jersey Pcbert Q. Pollard Attn: ?.cmas J. Germine, Esquim 609 Mcntpelier Street .
! Deputy Attorney General Baltimore, Marylard 21218 '
1 Divisicn of Iaw - Pcan 316 1100 Raymond Bculevard Chauncey Kepford l Newark, New Jersey 07102 Judith H. Jchnsrud Envircrmental Coaliticn en Nuclear
- Ellyn R. Weiss, Esquire Pcwer Atterrey for the Unicn of Cercerned 433 Criando Avence i Scientists State College, Perrsylvarla 16801 Harncn & Weiss 1725 Eye Street, N.W., Suite 506 Marvin I. Ieds Washingten, D.C. 20006 6504 Bradford Terrace Pb41=8alphia, Pennsylvarda 19149 Stew.n C. ShcIly
, Unicn of Ccncerred Scientists M1Lrjorie M.- Amodt l 1725 Eye Street, N.W., Suite 601 R. D. 5 i Washington, D.C. 20006 Coatesville, Penrsylvania 19320 5
l I
I i
i l
--- , ,. -- . _ . . . , _ . _ - . . . . . . .. .- . - _ - - . - - . . - . . .- . - - . - . . . . _ - . .