ML20002C139

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Request That Encl Transcript of 801203 Telcon W/Iw Smith,Jh Johnsrud & C Kepford Re Absence of Environ Coalition on Nuclear Power Representative to cross-examine on Contention 1(d) Be Included in Record.Certificate of Svc Encl
ML20002C139
Person / Time
Site: Crane Constellation icon.png
Issue date: 12/25/1980
From: Johnsrud J
Environmental Coalition on Nuclear Power
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20002C136 List:
References
NUDOCS 8101090330
Download: ML20002C139 (4)


Text

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s ENVIRONMENTAL COALITION ON NUCLEAR POWER 3

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Co Oweetses. Mr. George Boomsme-R.o. et, Peacn Bottom, P.. 17563 717 5484836 f

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nv UNITED STATES OF AMERICA

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NUCLEAR REGULA10RY COMISSION 4

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In the Matter of ETROPOLITM EDIS0N COMPANh, et al. ).

(Three Mile Island Nuclear Station, )f Docket No. 50-289 Unit 1 - Restart)

(Restart)

VERBATIM TRANSCRIPTION OF THE C0mENTS OF REPRESENTATIVES OF THE ENVIRONMENTAL C0ALITION ON NUCLEAR POWER DURING A TELEPHONE CONVERSATION WITH IVAN W. SMITH, CHAIRPAN, X5LS, TMI-l RESTART PROCEEDING, DECEMBER 3,1980 The ECNP Intervenors ask the Atomic Safety and Licensing Board in the above captioned proceeding to enter the following transcription of the statements made by ECMP legal:~ representatives Ors. Chauncey Kepford and Judith Johnsrud into the record for clarification and accuracy.

These statements were made in the course of a telephone conversation with Chairman Smith and were described by"him in the record of the TMI-l Pastart proceeding at pages 7215-18. The state-ments of Mr. Smith are reconstructed from notes and recollection to the best of our ability and desp'ite a very poor telephone connection.

i This transcription is filed pursuant to ECNP's filing of December 15, 1980, entitled Resoonse of the Environmental Coalition on Nuclear Power to Board Memoranda and Orders of November 24, December 4 and 11,1980.

Mr. Smith called at 10:30 a.m. to inquire why nd ECNP representative had appeared at the session, since the Board was. then-ready to hear cross-examination on ECNP Contention 1(d).-

OR. JOHNSRUD: Well, we have not had, as I think.you are aware at this stage, the materials that we had felt were adequate for preparation.

We have not had the financial assistance to....

Mr. Smith interrupted to say that thene was a bad connection.

DR. JOHNSRUD:

I would repeat, we have not had the materials necessary for proper preparation with respect to this contention, and hence I certainly have not felt that I would be able to do with it what it should have done.

I have not had the financial assistance for the hiring of expert assistance, and, having been doing this woric oro bono, as I guess you are aware, for a very long period of time, I have just simply run out of oro bono time to devote to it this fall, in addition to the last couple of weeks of illness.

We haven't known, in view of the fact that the Board has....

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Mr. Smith again interrupted but ;11s statement was inaudible.

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(,q DR. JOHNSRUD:

I beg your pardon?

qq Mr. Smith then asked if he had interrupted.

-7 DR. JOHNSRUD: Go right ahead.

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-si$. Smith said that his basic question was whether or not ECNP it ded to cross-examine witnesses on their contention 1(d).

s. s DR. JOHNSRUD: Having been led to understand by you, Mr. Smith, by the Board, that the scheduling would be at yourpleasum, and the scheduling now apparently having come up at a time that it is not possible for us to be them, I don't see how there is anything that we can do with this contention.

Mr. Smith asked if Dr. Kepford would be available to address this contention.

DR. KEPFORD: No, I am in no better position than Dr. Johnsrud is, again, not having had any information with which to even base rational questioning on this issue -- or any other issue in this proceeding, for that matter.

It's -- you know, the hands have been dealt and we're left without a hand.

Mr. Smith stated that any problems resulting from lack of informa-tion or lack of financial assistance were (inaudible) but that the pro-caeding would have to go forward. He asked what would be the ECNP Inter-venors' pleasure with regard to what the Board should do with the testi-mony that had been pnpared on this captention.

DR. KEPFORD: Well, as I say, we are totally unable to ask -- to undergo rational cross-examination, not having had, in the past year a single shmd or piece of paper made available to us pertinent to the TMI-2 accident. We can go there and we can make utter fools of ourselves, but it will not add to this record at all. But this is not a new problem.

l Mr. Smith responded that he knows that.

DR KEPFORD: Furthennore, 4 have been very nach in the dark as to when the subject would come up, even if we could ask questions. The latest transcript we have is dated November 18th, and Dr. Johnsrud has spent days looking through the transcripts in attempts to find something resembling a schedule, and her efforts have been fruitless.

It's been time that has simply been wasted.

.DR. JOHNSRUD:

I do have that transcript in front of me, Mr. Smith --

Mr. Smith asked her to speak louder.

DR. JOHNSRUD: Surely. We're having trouble hearing you as well.

I do have that transcript in front of me, and I would note for you that at page 5768 you state "Let's go off the record and get the sequence that has been recor.inended. I did not take notes." Discussion is off the record, and.then as you come back on the mcord, the only thing tnat you say is, "The Board has announced that we will be having hearings on the 22nd, 23rd, and 24t!f.'" And that really doesn't give us...

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, qc Mr. Smith asked if Dr. Jchnsrud would be available gehilohing week.

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DR. JOHNSRUD: I don't know what the state of my healths is at the mcment. I'd just as soon not go into the gorier details of it idttLycu[',

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frankly, but it's not good, and I don't know whether I will be or;nety.

Mr. Smith asked if Dr. Kepford would be available to cross-examine.

DR. KEPFORD: No.

For all the reasons that have already been stated, plus if Dr. Johnsrud has to go to the hospital, somebody is going to have to be here to take her.

Mr. Smith asked if there was anything else either one wanted to add.

DR. KEPFORD: No requests' that haven't almady been made repeatedly.

DR. JOHNSRUD:

I would add, though, Mr. Smith, that I would hope that the Board will take this issue and examine it very seriously. We have senrec as pro bono's in this case and'in a good many other TMI cases, dating clear back to 1972.

I really feel.that there are some very serious issues that have been raised'here.

It makes us pmtty unhappy not to be able to ca rry i t th rough....

Mr. Smith mentioned that Mr. Sholly would be carrying on with the portion on instrumentation and that the Board had an interest (inaudible).

He was faced with the decision as to whether or not to have the witnesses present.

DR. JOHNSRUD: Well, I can assume at this point that I can say only no, for me.

Mr. Smith mstated that this is an important issue.

- DR. KEPFORD: There is one thing that I'd like to add, and that is:

t over the years, our concerns.over the operation of TMI-l and 2 have been pmven by events to have been very, very factual and right on the mark, in spite of the fact that the various Licensing Boards have treated them in the most glib and whatever fashion.

Mr. Smith's next remark was missed.

DR. KEPFORD: There's reason for it.

DR. JOHNSRUD: Not at the moment. I will have the letter in the mail

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when I can get it in to you.

Mr. Smith closed with a good wish for improved health.

Respectfully submitted for the record Judith H. Johnsrud Co-Director Dated this 25th day of December, 1980

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Q CERTIFICATE OF SERVICE l

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- certify that copies of NOTIFICATION OF NRC C0!HISSIONERS OF THE

' T-M,. / " 3THHOLDING OF TRANSCRIPTS AND SCHEDULING INFORMATION FROM INTER-h-

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ANORS AND REQUEST FOR PROCECURAL RELIEF FOR ECNP INTERVENORS teen served on the parties in this proceeding and the NRC Comissipners

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/by deposit in the U.S. Mail, first class, postage paid, this g f

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6 day of January, 1981.

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,1 Ivan W. Smith, Es @

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