ML20011A590

Expresses Dissatisfaction W/Failure of Aadmodts to Furnish Util & NRC Followup Discovery Requests on Date Agreed to by Parties & Established by Special Master Order.Lateness Delayed Responses.Related Correspondence

ML20011A590
Person / Time
Site:	Three Mile Island
Issue date:	10/23/1981
From:	Trowbridge G SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Clewett J CLEWETT, J.
References
NUDOCS 8110290153
Download: ML20011A590 (3)

Text

- _ _ _ _ _ _ - _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _

t

/

' RELATED CORRESPONDENCE L q , PROD. & UTIL FAC.. . . .:.:. .a...u

- SHAW, PITTM ggoTTs & TROWBRIDGE G,4 ST R E E T, N . W.

WASHINGTON. D. C. 20036

1. " = = =AN CEORGE F TROWsRtDGE S'4"."RJ.%^*TE,qs ET 26 P1 :09 M Af s AS F TRr 'ESO-Q g RTE PMEN D. POUS VsCTORIA J >L RM tNS cERALO CMARNOFF JOMN M. O NEILL. JR IEbECOE'E" 7."MT Y MA!*d*/

" ' ' ^ ' " ' ' '

AN L ALI'EN

'" " " " ' ' ' " * '0FFICE OF SECRETARY MMA L TT E JOHN a RMINELANDER R" 10T . "*EDSGCXETING & SERV!CE 'tt<=

EWUCE W CMURCMILL PAUL A MAptAN MARRY M GLASSpiEGEL BRANCH 69-2693 I SM AWLAW WSM t LESLIE A NICHOLSON. JR RANDAL 5 MELL MARTim D MRALL TMOMASH McCORMsCM C ABLE "SM awl AW" OICMARD J M E NDALL WILLIAM P BArtR JAY E. SaLSERG SUSANM FREUND GARaARA M ROSSOTTI JOMN L CARR. JR "" T DIAL NUMBER GIORGE V ALLEN. JR PMsLeP J MARvEv p F ROB E RT M GORDON \'

5. RED MENLY DRASNER WESSTER SARBARA J MORGEN NATHANIEL P SREED. JR MJ RM AUGENBLICM SONNIE S. GOTTLIEB MOWARD M SMAFFERMAN /\

EENEST L SLAME. JR. DESORAMB BAUSER I CARLEMN S JONES SCOTT A. ANENBERG ((g (f SETM M. MOOGASIAN

\'[

TMOM AS A SANTER JAMES M BURGER EMELDON J WEISEL SMEILA E. McCAFFERTY DELISSA A RIDGWAY A

()

[ -

JOHN A. McCULLOUGM M ENNETH J. MAUTM AN . UQ J PATRsCM MICMEY GEORGE D MICMAELY. JR david LAWRENCE MsLLER ANNE M MR#USMoor g F[' f

( '

t J,*MES TMOM AS LENMART FREDERICM L MLEIN ~

(s*3* NIA4 tyg7O tt STNEN L MELTZER DEAN D AULICM GORDON R MANOFSMY SALLY C. ANDREWS '/

r  %#3g [

JOMN ENGEL JEFFREY $ GIANCOLA MANNAM E. M La E BE RM AN

(" * / M'/

ETEPHEN 3 MUTTLE R / .c WfNTHR J AMES .O*AML.N N

BROWN SANDRA E FOLSOM M ARC A R ~,RENSTEi~ / <, . f" ROBERT E. ZAHLER RsCMARD C . Os..?.N JUDITM A SANDLER WENDELIN A W HITE h[ lN* % ,{ e'\

RCSERT B ROiENS EDWARDO YOUNGI:2 October 23, 1981 John Clewett, Esquire 1324 North Capitol Street Washington, D.C. 20006

Dear John:

I wish to express my dissatisfaction with the failure of you and the Aamodts to furnish to us and the NRC Staff your follow-on discovery requests on the date agreed to by the parties >

and established by order of the Special Master despite every effort at cooperation on our part.' These discovery requests were due in hand by the close of business Thursday, October 22.

Instead they did not arrive at the Greyhound bus station in Washington until late in the morning of Friday, October 23.

The chronology of events leading up to this unsatis-factory conclusion was as follows:

1. Mrs. Aamodt called me late Wednesday afternoon to say that she had been unable to complete the discovery requests in time to send them by express mail on Wednesday and asked if -D303 3

we would be willing both to pick up our set and to pick up and /

deliver the NRC set of requests if they were put on Greyhound f/O bus to Washington. She indicated that we could expect them to arrive in Washington around noon on Thursday. I promptly agreed to her request.

O((

PDR _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - i

] 1

~*

o,:

SHAW, PITTMAN, POTTS & TROWBRIDGE

, j 1

John Clewett, Esquire October 23, 1981 Page Two

2. Around 11:00 o' clock on Thursday I had occasion to l call you at the Aamodts' homa in Coatesville on a different l matter. At that time I learned--but only because I asked--that i the discovery requests had not yet been taken to the bus station.  !

3. Early Thursday afternoon you called me at or en-route to the bus station in Delaware to say that you and the Aamodts planned to put the discovery requests on the 3:00'P.M.

bus for arrival in Washington at 6:00.P.M. I reluctantly agreed to pick up the two sets by messenger after hours, but told you it would no longer be possible to deliver the NRC set to Bethesda until Friday morning. During our conversation you indicated that I would probably appreciate confirmation that the discovery re-quests had in fact made the 3:00 P.M. bus and I replied affirm- ,

atively. I received no further call from you or the Aamodts on  !

the subject.

4. Our messengers made fruitless trips both to the Grey-hound terminal and freight office Thursday evening and early Friday morning and finally succeeded in picking up the discovery requests about 11:00 A.M. We received our set of. discovery requests in the office around 11:30 A.M. and delivered the NRC Staff's set to NRC l

counsel about noon.

My complaint is not just over the annoyance to us by reason of the failure both to get the discovery requests on the 3:00 P.M. bus and to confirm that this had been accom;:ished. As

, we explained at the October 16 prehearing conference in the course l of negotiating follow-on discovery schedules, it was important to I

us to receive the discovery requests on Thursday rather than on Friday. The practical consequence of a day's delay would be the further loss of an entire week-end for responding to those dis-covery requests requiring assistance by others at the TMI site, since advance arrangements for week-end assistance would have to be made.

Notwithstanding the late. ass of the follow-on discovery requests, we presently plan to resp 7nd by October 28 to those re-quests which are not otherwise obje :tio able. We reserve, however, the right to seek an exter.aion of time.

Sincerely George F. Trowbridge cc: Service List

- _ . .. , . - - . . . . - - .- . - . . - . . ~ , . , _ . . .. _.

1 .

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC 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 Administrative Judge Ivan W. Smith (2) Robert Adler, Esquire Chairman, Atomic Safety and Licensing Karin W. Carter, Esquire ,

Board Assistant Attorney General U.S. Nuclear Regulatory Commission 505 Executive House Washington, D.C. 20555 P. O. Box 2357 Harrisburg, PA 17120 Administrative Judge Gary L. Milhollin Atomic Safety and Licensing Board Ms. Louise Bradford 1815 Jefferson Street TMIA -

Madison, Wisconsin 53711 1011 Green Street Harrisburg, PA 17102 Administrative Judge Walter H. Jordan Atomic Safety and Licensing Board Mrs. Marjorie M. Aamodt 881 West Guter Drive R.D.5 Oak Ridge, Tennessee 37830 Coatesville, PA 19320 Administrative Judge Linda W. Little John Clewett, Esquire Atomic Safety and Licensing Board The Christic Institute 5000 Hermitage Drive 1324 N. Capitol Street Raleigh, North Carolina 27612 Washington, D.C. 20006 James R. Tourtellotte, Esquire (4) Docketing & Service Section (3)

Office of Executive Legal Director Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commissio0 Washington, D.C. 20555 Washington, D.C. 20555

_ _ _ _ _ ____ - - --__