ML20002D208
| ML20002D208 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/16/1981 |
| From: | Sholly S AFFILIATION NOT ASSIGNED, NEWBERRY TOWNSHIP TMI STEERING COMMITTEE, THREE MILE ISLAND ALERT |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8101200018 | |
| Download: ML20002D208 (6) | |
Text
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UNITED STATES OF AMERICA N
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NUCLEAR REGULATORY COMMISSION A
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BEFORE THE COMMISSION In the Matter of
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Docket t!o. 50-289 h Ik)
METROPOLITAN EDISON COMPANY, ET Al..
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A 67 JAN 1 G l931 " I INTERVENOPS' MEMORANDUM ON DIECKAMP LETTER OF 1/6/81 u.s. g y *"jh
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i On 18 December 1980, six Intervenors (Steven C. Sholly, Newberry Township TMI Steering Committee, Three Mile Island Alert, Environmental Coalition on Nucle'
'~er, People Against Nuclear Energy, and Anti-Huclear Group Representir., srk) filed a joint response to a motion for reconsideration of Commission Orders in this docket dated 2 July 1979 and 9 August 1979 (the motion for reconsideration was contained in a letter from General Public Utilities President Herman M. Dieckamp to NRC Chairman John F. Ahearne. dated 1 December 1980 and modified on 5 December 1980). The Commission, in an Order dated 9 December 1980, gave parties until 6 January 1981 to file responses to the motion for reconsideration. The Intervenors filed a joint response to reduce the paperwork burden on the parties, and filed it as early as possible to both expedite the Commission's consideration of this matter and reduce any prejudice to the Intervenors which would result if the Commission grants the motion for reconsideration.
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2-True to form, Mr. Dieckamp has taken advantage of our early joint filing and has filed, on the last possible day granted for responses to the motion, a response to the Intervenors' joint response to Mr. Dieckamp's motion. The Intervenors note hare that there exists no authority in the Commission's Rules of Practice for a proponent of a motion to respond to responses to the motion made by other parties. This is precisely what Mr. Dieckamn has done in his letter dated 6 January 1981.
Inasmuch as Mr. Dieckamp's 6 January 1981 letter is not authorized by the Commission's Rules of Practice, the Intervenors take the position that Mr. Dieckamp's 6 January 1981 letter to Chairman Ahearne must be disregarded by the Commission. Should the Commission somehow determine that it may consider !!r. Dieckamp's 6 January 1981 letter, the Intervenors insist upon the right to respond to the letter within a reasonable period of time following notification by the Commission of its intent to consider Mr. Dieckamp's-6 January 1981 letter.
Inasmuch as Mr. Dieckamp saw fit to delay his response until 19 days after the Intervenors' Joint Response was filed, the Intervenors feel that a reasonable period of time would be 10 days after receipt of notifictif on of the Commission's intent to consider Mr. Dieckamp's 6 January 1981 letter. Of course, if we are able to respond more expeditiously, we will do so.
The Intervenors are not surprised by the contradiction represented by Mr. Dieckamp's insistence on being treated equally under the same rules as others, while at the same time feeling free to ignore those rules whenever it suits his company's purposes. Rather, past experience has shown us that we should expect such behavior given this Licensce's tendency to write its own rules and selectively interpret history to its own,idvantage.
In effect, if the Licensee is to be given "two swings at the bat" (having been able to study our pitcher in between swings), the Intervenors request the same opportunity. Due process demands nothing less.
DATED:
13 January 1981 FOR THE INTERVENORS, l,) /.) 0 41 pd;y m {, 9-?A.4U..,
Steven C. Sholly L/
NOTE: This Memorandum is filed for the same Intervenors which jointly responded to Mr. Dieckamp's 1 December 1980 letter. Time constraints precludo all parties from signing this filing; telephone authori ation to file this tiemorandum has been obtained from all parties.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSI0f>
BEFORE THE CCMMISSION In the Matter of METROPOLITAfl EDISON COMPANY, ET AL.
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Docket No. 50-289
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(RESTART)
(Three Mile Island Nuclear
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Stat. ion, Unit flo.1)
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CERTIFICATE OF SERVICE I hereby certify, by my signature which appears below, that I served upon the persons on this service list a single copy of the document captioned INTERVE.';CRS' MEMORAf;DUM Of DIECKAMP LETTER OF 1/5/81, dated 13 January 1981, by deposit in the United States mail, first class postage prepaid, on this 13th day of January 1981.
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Mr. John F. Ahearne Mr. Leonard Bickwit, Esquire Chairman General Counsel U.S. Nuclear Regulatory Comission U.S. fiuclear Regulatory Comission Washington, D.C.
20555 Washington, D.C.
20555 Mr. Peter Bradford Mr. Stephen Eilperin, Esquire Comissioner Solicitor U.S. Nuclear Pegulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Mr. Victor Gilinsky Mr. James Tourtellottee, Esquire Commissioner Office of the Executive Legal Director U.S. fluclear Regulatory Commission U.S. l:uclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Mr. Joseph Hendrie Mr. Ivan W. Smith, Administrative Judge Comissioner Chairman, Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. t;uclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Walter H. Jordan, Administrative Judge Mr. Samuel J. Chilk Member, Atomic Safety and Licensing Board. Secretary of the Commission 881 West Outer Drive Office of the Secretary Oak Ridge, TN 37830 U.S. fluclear Regulatory Commission Washington, D.C.
20555 Dr. Linda W. Little, Administrative Judge ATTN: Docketing and Service Section Member, Atomic Safety and Licensing Board 5000 Hermitage Drive Mrs. Marjorie M. Aamodt Raleigh, NC 27612 Intervenor pro g, R.D. #5 Mr. Robert Adler, Esquire Coatesville, PA 19320 Assistant Attorney General Commonwealth of Pennsylvania Mr. Jordan D. Cunningham, Ecquire 505 Executive House Counsel for Newberry Township P.O. Box 2357 TMI Steering Committee Harrisburg, PA 17120 Fox, Farr, & Cunninghan 2320 florth Second Street Mr. John A. Levin, Esquire Harrisburg, PA 17110 Assistant Counsel Pennsylvania Public Utility Commission Mr. Ellyn R. Weiss Esquire P.O. Box 3265 Counsel for Union of Concerned Scientists Harrisburg, PA 17120 Harmon and Weiss 1725 I Street, N.W., Suite 506 Mr. Walter W. Cohen, Esquire Washington, D.C.
20006 Consumer Advocate Office of the Consumer Advocate Ms. Gail Bradford 1425 Strawberry Square Legal Representative Harrisburg, PA 17127
- Anti-Nuclear Group Representing York 245 West Philadelphia Street Mr. Thomas J. Germine. Esquire York, PA 17404 Deputy Attorney General State of New Jersey Mr. William S. Jordan, III, Esquire Division of Law--Room 316 Counsel for People Against Nuclear 1100 Raymond Boulevard Energy Newark, NJ 07102 Harmon and Weiss 1725 I Street, N.W., Suite 506 General Counsel Washington, D.C.
20006 Federal Emergency Management Agency ATTN: Docket Clerk Mr. Robert Q. Pollard 1725 I Street, N.U.
Legal Represent.ative Washington, D.C.
20472 Chesapeake Energy Alliance 609 Montpelier Street Mr. John E. Minnich Baltimore, MD 21218 Chairman, Dauphin County Board of Commissioners Dr. Judith Johnsrud Dauphin County Courthouse Legal Representative Front and Market Streets Environmental Coalition on Nuclear Power Harrisburg, PA -17101 433 Orlando Avenue State College, PA 16801
t Mr. Marvin I. Lewis Intervenor pro se-6504 Bradford Terrace Philadelphia, PA 19149 Ms. Louise Bradford l
Legal Representative Three Mile Island Alert 315 Peffer Street
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Harrisburg, PA 17102 Mr. George F. Trowbridge, Esquire Counsel for Metropolitan Edison Company Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Washington, D.C.
20036 Mr. Herman M. Dieckamp President General Public Utilities Corporation 100 Interpace Parkway
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Parsippany, NJ 07054 f
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