ML20003C871
| ML20003C871 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 03/12/1981 |
| From: | Weiss E HARMON & WEISS, UNION OF CONCERNED SCIENTISTS |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8103180604 | |
| Download: ML20003C871 (5) | |
Text
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I l UNITED STATES OF AMERICA g[ g
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NUCLEAR REGULATORY COMMISSION S
sv BEFORE _HE ATOMIC SAFETY AND LICENSING BOARD y
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In the Matter of METROPOLITAN EDISON
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Docket No. 50-289 gg
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(Three Mile Island
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Nuclear Station, Unit
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No.1)
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UNION OF CONCERNED SCIENTISTS' OBJECTIONS TO AFFIDAVIT OF ELMER S. PATTERSON By motion dated March 2, 1981 the Licensee has moved l
the introduction into r.vidence of the af fidavit of Elmer i
S. Patterson.
Tne motion states that the affidavit is "Mr. Patterson's response or reaction. to Mr. Pollard's testimony" on "surrebuttal" concerning the interpretation of IEEE Std. 603-1978.
The Licensee alco states that it "does not believe that the issue is of sufficient impor-tance to warrant recalling Mr. Patterson to hearing," but i
that it is "only f air" that the Licensee 's position be reflected in the record.
The affidavit itself cites no particular section of
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S Mr.. Pollard's testimony to which it is responsive.
More a
f importantly, neither the Licensee nor the affiant state
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that they were surprised by the testimony of Mr. Pollard or that "new" material which had not been anticipated and 8103180
. requires additional response was presented by Mr. Pollard.
Further surrebuttal is therefore unjustified, particu-larly by affidavit, which denies UCS the right to cross-examine.
UCS agrees that the affidavit contains nothing of " sufficient importance" to merit recalling Mr. Patterson.
It is generally conclusory and repetitive of other evidence.
Idkewise, it contains nothing to justify re-opening the record to accept an affidavit.
The affidavit contains inherently unreliable, non-probative and prejudicial hearsay statements concerning Mr. Sullivan's belief about the opinions of other unnamed members of the IEEE Committees on Std. 603.
Paragraph #6, and in particular the following sentence, are clearly p
inadmissable on those_ grounds:
"I believe that the under-standing and interpretation of IEEE 603 between Mr. Sullivan f
and myself is typical of the subcommittee and parent i
commit te e. "
If such statements are permitted to go into the record unchallenged, they will certainly form the basis l
for proposed-findings of fact against UCS's interest.
f In addition, paragraph #3 contains material implying that the wording of IEEE 603-1980 in some unspecified way
, strengthens the affiant's interpretation by altering IEEE l
603-1977.
This question was fully ai ed in Mr. Patterson's original testimony, when he agreed on cross-examination that l
l the 1980 version of Std. 603 contains no changes in any of j
the pertinent sections.
(Tr. 6244-6245).
Unless Mr.
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. Patterson is now attempting to change his testimony, the paragraph is entirely repetitive of earlier testimony.
If he is attempting to change his testimony, he cannot be permitted to do so by affidavit, nor indeed without compelling re ason.
For the aboire-stated reasons, UCS strongly objects to the inthoduction into evidence of the affidavit of Elmer S.
Pa tters.on.
By:
1 s
ELly n R. Weiss HARMON & WEISS 1725 I Street, N.W.
Suite 506 Washington, D.C. 20006 (202) 833-9070 DATED:
March 12, 1981
UNITED STATES OF AMERICA NGCLE(R REGULATORY COMMISSION
~
BEFORE THE ATOAIC SAFETY A'!D LICENSING BOARD
)
In the Matter of
)
)
METROPOLITAN EDISON
)
Docket No. 50-289 COMPANY, et al.,
)
Restart.
}
(Three Mile Island
)
Nuclear Station, Unit
)
No. 1)
)
)
-. ~ -.
=
CERTIFICATE OF SE'RVICE
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I hereby certify that copies of " Union of Concerned Scientists' Objection to Tentative Schedule for Testimony ani droposed Alternative Schedule and Union of concerned Scientists' Objections to Affidavit of Elmer S. Patterson" were mailed first <-lass postage pre-paid to the following:
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Secretary of the Commission Mr. Steven C. Sholly..
lt U.S. Nuclear Regulatory Commission 304 South Market Street
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Washington, D.C.
20555 Nechanicsburg, PA 17055
't Attn:
Chief, Docketing & Service-Section j
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, James A. Tourtellotte, Esq.
Jordan D. Cunningham, Esq.
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3 Office of the Exec. Legal Director Fox, Farr & Cunningham,
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U.S. Nuclear T'gulatory Ccimmission 2320 North Second Street.
Q Washington, D.C.
20555
, Harrisburg, PA 17110 2ij Karin W.. Carter, Esquire Frieda Berryhill b
.. Assistant Attorney General Coalition for Nuclear Power
- 505 Executive House Postponement 2610 Grendon Drive (j
P.O. Box.2357.'-
. Wilmington, Delaware 19308 ll Har risburg, PA 17120 d
Walter W. Cohen, Consumer Ad Daniel.M. Pell f.
32 South Beaver Street Department of Justice York, Pennsylvania 17401 Strawberry Square, 14th Floo Harrisburg, PA 17127 8
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. Cert. of Service Docket No. 50-289
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Robert L. Knupp, Esquire Chauncey Kepford Assistant Solicitor Judith H. Johnsrud County of Dauphin Environmental Coalition on P.O. Box P Nuclear Power 407 North Front Street 433 orlando Avenue Harrisburg, PA 17108 State College, PA 16801 John'A. Levin, Esquire Robert Q. Pollard
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Assistant Counsel Chesapeake Energy Alliance Pennsylvania Public Utility' 609 Montpelier Street.
Commission Baltimore, Maryland 21218 Harrisburg, PA 17120 Theodore idler 3*
Marvin I. Lewis Widoff, Reager, Selkowitz 6504 Bradford Terrace
& Adler
'Fhiladelphia, PA 19149 3552 Old Gettysburg Road Camp Hill, PA 17011
_Ms. Marjorie Aamodt
- Ivan W. Smith, Chairman RD #5 Atomic Safety & Licensing Board Coatesville, PA 19320 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Walter H. Jordan L. W. Little Associates 881 W. Outer Drive 1312 Annacolis Drive Oak Ridge, Tennes7ee 37830 Raleigh, North Carolina 27608
- George F. Trowbridgu, Esquire Ms. Jane Lee Shaw, Pittman, Potts &
R.D. 93, Box 3521 Trowbridge Etters, Pennsylvania. 17319 1800 M Street, N.W.
Washington, D.C.
20036 i
Robert W. Adler Dept. of Environmental Resources 505 Executive House
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- i). O. Box 2357
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Harrisburg, Pennsylvania 17120
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llyn R. Weiss
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