ML20010E067

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Order That All Parties Mail Responses by 810904 or Express Mail Replies by 810908.Washington,DC Parties May Hand Deliver Responses by 810908.Places GL Milhollin on Svc List
ML20010E067
Person / Time
Site: Crane 
Issue date: 09/01/1981
From: Smith I
Atomic Safety and Licensing Board Panel
To:
METROPOLITAN EDISON CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
Shared Package
ML20010E068 List:
References
NUDOCS 8109030028
Download: ML20010E067 (3)


Text

t UNITED STATES OF AMERICA Ei'.TD cEP

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ATOMIC SAFETY AND LICENSING BOARD 2

'R, O,", ggi w-Before Administrative Judges:

<3 y1 Ivan W. Smith, Chairman

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Dr. Linda W. Little

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In the Matter of

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' iTROPOLITAN EDISON COMPANY )

Docket No. 50-289

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(Three Mile Island Nuclear

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(Restart)

St ation, Unit 1)

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September 1, 1981 ORDER TO EXPEDITE THE SERVICE OF RESPONSES OF THE PARTIES REGARDING THE INVESTIGATION OF CHEATING The Board's orevious Order Relative to the Submission of Views on the Invest igation of Cheat ing, altnough dated August 20, 1981, was actually served by the Comission's Docketing and Service Section on August 21, 1981.

Accordingly, because of the long Labor Day weekend, the responses of toe part ies would not be due to ne strved (placed in the mail) until Sept ember 8, 1981.

Such a procedure would result in further delay before the Board actually received the responses.

Therefore, to avoid delay, we airect all parties to either place their responses in the first class mail by September 4, er to mail their responws to the Board members and P: ofesso - Milhollie by express nail bef ore 5:00 p.m.

on September 8.

Washington, D. C. area part ies are directed to hand-deliver their responses to Judge Smith's ef f ice by % pte.nber 3.

Other par t ies are f

invited to do so.

Parties hand-delivering their responses need not serve l

Juige Nmith by express nail.

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8109030028 810901 PDR ADOCK 05000289 l

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i PART 2 o RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS

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sioners anc ' nam d NRC personnel at a j desigrate,and to rtorm such other ad.~ Chairman, the presiding cfficer may, at hearinF or on deposition may not be re-d judicatory functims as the Commission his discretion, appoint from the Atomic quired oy the prt siding ofGcer, by sub-5 deems appropriati. The members of an Safety and Licensing Board Panel 2

poena or otherw e Provided. That the 2 atomic safety and beensing board shall established by the Comrn!ssion, presiding ofncer r:ay. upon a showing of C be designated from the Atumic Safety personnel to assist the presiding ofDcce esceptinnat circur. stances, such as a case 4 and LNensing Bmrd Panel established in taking evidence and preparing e suitable record for review. Such in which a parucular named NRC by the Commisnom aphem may ocm at any employee has dire 't personal kno* ledge (b) The Co=mbudon or the Chairman eppropriate U t du-ing the proceeding of a material fact not known to the wit-cif the Atomic Mfety and Licenstag nesses made asall ble by the Executive Board Panel may der.ignate an af ternate but~shall, at the time of the appointment.

Director for Oper :tions teouire the at.

cuaded in the conduct of adstnistra-be subject to the notice and tendance and testi nony of r$amed NRC tae pmceedings.x an alternate hatng dmuahncation prosisions as described technical or othetquadestdons, or both, in { 2JM. Such special assistants may Iersonnel"V M' A,) -

for a.c sto=1c im! v and ticensing M function ar.

(ii) In addition a party may file with established pursulnt to paragtsph (a) cf N

Wmgayrs.in the.tt e written interrogato-this a,;;tica I.f a :

ember of a board te-indkidual fields of expert 2sa.Such the presiding offic comer tmarelabl the Commission or by NRC personnel the Chairman of e Atmle Safety ag Memgators shall be required to study ries to be answetc6 with knowledge of the facts designated L! censing Scard ej raay consttute. the written testirnony and sit with ths a.

by the Executive, irector for Opera-the alternate c

  • ed in the conduct of presiding officer to hear the presentation 7

+.91strsuve p eMings. or the aJter*

end cross-examination by the pardes of g tions. Upon a findi g by the presiding i

= of6cer that answer to the interrogato-nate having techn!

et other quaMea.

EU w tresses on the issues of the.

' ries are necessary to a proper decision in - taons as appropria*f a.s a mmber of the gntemgators.expem.se, taMng a leading

? the prc.cceding and hat ans.ers to the *: board by notifying the tJte nate who will.role in examirdng such witnesses to c as of the date of sich noti.3 cation, serie board..tn the event ensure that the record is as complete as reasonably ob- '

interrogatories are not source, the ? a.s member of the that an alternate Ls t=available or no possible; tainatie from any

,other require that the a.Iternates have le21 designate 1. and a (2) Upon consent of all the parties, presiding ofDcer m n staff answer the interrogatories sne:nber of a board bec=es unavailable. Special Masters to hear evidenti"f7 the Co=mtsdon or the Chair =an of the presentations by the parties on specific (iii) No dapositi<in of a particuIat e Safe y W

g Board Panel may amoir t a member of the technical matters, and, upon completion i

named NRC employ e or ans*er to in-terrof atories by NF C personnel pur.

Ato=1c Safety and Mcensing Board Panel of the presentation of evidence, to suont to paragraphs ( :)(2) (i) and (ii) of who is cuaMed in the conduct of ad-prepare a report that would become part this section shall be required before the ministrstne proce3 dings or a roember of the reccrd. Special Masters may rule having technical o other cuaMcadens, on evidentiary is sues bicusht before maners in controsers, in the proceeding as apprcpriate, as a metter of the them. in acccrdance with { { 2.743 and base been identiGec bs order of the f t rnic niety and li:erzing bcard by 2JS7. Appeals from such rulings may be I

Corn mission or the pr'esiding of6cer, nctifying the am.ntee who 4 as of talen to the presiding efficer in.

pursuant to { 2.751a. or after the begin.

the date of mth nycadon, e as a accordance with procedures which shall ning of the preheari g conference held parsuant to { 752 ci cept upon lease of

-tnemkr of tM teari.

he established in the presiding officer's (c) In a proceec ing in which encep Oorder appointing the Special Master, the presiding cf6ce - for good cause tions to the iritial decison rnay be taken n Special Ma sters' reports are advisory I

y to the Atomic Safety ind Licensmg Ap-[crdy;the p esiding cfficer shall retain show n,

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L of { 2.7 8O(c) and g peal Board, the Commisbon will not

  • final authority with respect to the issues (is ) The provision (e) shall apply to interrogatories served ::. designate ar y mer7 yers of the Appeal heard by the Special Maste, or Board as mer-bers ;or alternates of the (3) Ajte.nhte Atcmic #dfety ad '

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% pursuant to this su p Lagraph.

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(.t ) Records or ocuments in the E atomic safety anc licensing board Licensing Board members to mit with the estabhshed in pres /de in such proceed.

presiding officer, to carticipate in the E custody of the Commpioners and NRC c.videntiary sessions en the issue for

" personnel are availat le for inspection ing.

and copyirE of Photo !raphirg pursuant (d) An atomic safety and licensing which the alternate members werc to H 2.M4 and 2.7o0 board sh.all have the duties and may ex.

dt signated by examining witnesses. end ercac the po*ers ofa presiding officer as to advise the presiding cfficcr of their i

Atomic safety and licusing granted by t 2.715 and otherwise in this conclusions through an en-the reco-d

~{ 2.721 y

l.

boards.

p.rt At any time wr en such a board is in repcrt.71is report is advisory crj,the i

{

eustence but is not actually in session, presiding efficer shall retain final authonty on the issue for which the l

(.)

The Commist ion of the Chaiir-ans powers which c uld be e xercised by alternate member wge designate man of the Atomic 5 ifety and Licensing a presiding officer r bs the Chief Ad-MD T. *50"E Cfficer mey, as a (r em time to tirne ministratis e Law J ge mas be eser-

...atter of discretmn.. forma l]y seek the-Board Panel mas m

estabbsh one or n$orh atomic safety and cised with respect td such a proce: ding 5""

Me us of the Atomic c hee sing boards, e,ch c c m prise'd of bs the chairman of the board basinj.

(n.fety and L.icensing Board Pentl to 5 three rnem5ers. one of whom will be jurisdiction over it.

ef the pres,:d:rg cfficer on the general e

o qualiGed m tbc conc act of adrnm:stra.

_ N.ocmr ers of a, minmic saietj. w techt.-al backgrcund of eubjecta s

i n

r

ine proceedings and so of wnom shall
.; licensing bard concitue a quercrr.. if involving complex issues which the hae such technical 3r other quahfica one of thnse memb :rs is the acr.ber presiding officer rnight othrwisa bes e n

tions as the Commissi pn or the Chair nan C quahfied in the conduct of administ ra.

dirgculty in q.;;tijy pg, y y and LicensinF I

irJermal briefings shell tale place prior c.f the Atomic Safe ppropriate to the ? tise proceedings.

to the hehring cn the sulject involved bea d panel deems and shall rHement the reading and mes to be decided, to preside,n such i

m 2322 Cpec.at eWstar.ts to the presiding study under!d en by the presiding proceedir gs for gra ting, suspending II

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officer. They re net sdject to the

,es A ing, or amen 't i n g licenses or (a)In e.cnsultation with the Pane'l procedures de!crSed In { 2JM.

authc rirations as the Commission may 2 21 September 19,1980

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