ML20023B433
| ML20023B433 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/03/1983 |
| From: | Goldberg J, Wagner M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8305050053 | |
| Download: ML20023B433 (10) | |
Text
r UNITED STATES OF AMERICA NUCLEAR REGULATORY C0FNISSION BEFORE THE COMMISSION In the Matter of
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METROPOLITAN EDIS0N COMPANY, ET AL.)
Docket No. 50-289 (Three Mile Island Nuclear Station, Unit No. 1)
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NRC STAFF MOTION FOR AN EXTENSION OF TIME TO RESPOND TO AAMODT MOTION TO P.EUPEN RECORD OF RESTART PROCEEDING Mary E. Wagner Counsel for NRC Staff Jack R. Goldberg May 3, 1983 Counsel for NRC Staff s
DESIGNATED ORIGIliAL Certified 97 fQl~),Q l 8305050053 830503 s
PDR ADOCK 05000289 0
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of METROPOLITAN EDIS0N COMPANY, ET AL.)
Docket No. 50-289 (ThreeMileIslandNuclearStation,)
Unit No. 1)
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NRC STAFF MOTION FOR AN EXTENSION OF TIME TO RESPOND TO AAMODT MOTION TO REOPEN RECORD OF RESTAPT PROCEEDING Mary E. Wagner Counsel for NRC Staff Jack R. Goldberg May 3, 1983 Counsel for NRC Staff
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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BEFORE THE COMMISSION In the Matter of METROPOLITAN EDISON COMPANY, ET AL.
Docket No. 50-289 (Restart)
(Three Mile Island Nuclear Station, Unit No. 1)
NRC STAFF MOTION FOR AN EXTENSION OF TIME TO RESPOND TO AAMODT M0 TION TO REOPEN RECORD OF RESTART PROCEEDING I.
INTP000CTICN On or about April 16, 1933 intervenors I.orsan 0. snd Mar.jorie H.
Aamodt filed with the ComissionN a document entitled "Aamodt Coments Concernir.1 NRC Staff Review of GPU v. S&W Court Trial Transcript and Motions to Reopen Record of Restart Proceeding" (Aam0dt Comrents). The Aamodt Coments contain, in addition to coments on the Nr.C Staff review of the GPU v. B&W trial transcript, four separately numbered motions to the Comission (Aamodt Comments at 25-26). One of those motions
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The Aamodts' pleading is dated 8/15/83 (sic). The accompanying certificate of service states that the pleading was served on the Docketing and Service Branch of the Comission by express mail on l
April 16, 1983. To Staff's knowledge, it was not served simultaneously l
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on any of the parties. A copy of the pleading was forwarded by the Docketing and Service Branch to counsel for NRC Staff, and was received on April 21. On or about April 22, the Aamodts served a copy of their pleading on the Staff and other parties by mail.
The Aamodts' certificate of service does not indicate on what date service was made. The Staff's copy was contained in an envelope postmarked April 22, 1983. The Staff is using the April 21 date to determine when its reply may be due to be filed, absent the extension of time requested herein.
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_2 (designated motion one), requests that the Comission reopen the record inthisproceeding.U For the reasons set forth below, the Staff moves for an extension of time to reply to the Aamodt motion to reopen the record.
II. DISCUSSION Because of the manner in which the Aamodts served the Aamodt Comments on the Comission and the parties, see footnote 1, supra, the Staff received a copy of the Aamodt Ccaments on April 21 through the Commission's internal mail system, while the Aamodts themselves did not serve the parties until on or about April 22, by mail. Accordingly, the Staff reply may be due to be filed befcre the replies of the other parties.
While this sequence of filing dates appears technically te be required because of the mannar in which the Staff received a copy of the pleading, it is contradictory to the intent of 10 CFR 5 2.730, which affords the Staff an additional five days beyond that given to other replying parties.
Section 2.730(c) states in relevant part:
(c) Answers to motions. Within ten (10) days after service of a written motion, or such other period as the Secretary or the Assistant Secretary or presiding officer may prescribe, a party may file an answer in support of or in opposition to the motion, accompanied by affidavits or other evidence. However, the staff y
The Aamodt motion to reopen the record should have been filed with the Appeal Board, for its consideration in the first instance.
However, the Comission clearly has authority to consider the
- Aamodt motion, so the Staff is filing its motion for an extension of time with the Comission. The Comission may wish to forward the Aamodt motion to reopen to the Appeal Board for its consideration and ruling.
may file such an answer within fifteen (15) days after service of a written motion.
The purpose of that additional period for Staff response -- to permit the Staff to take into account the positions of the other parties in formulating its own position -- will be frustrated in this instance unless the Staff receives an appropriate extension of time. Since the replies of the other parties are due to be filed on May 9, the Staff requests an extension of time until May 13 to file its reply to Aamodt motion one, seeking to reopen the record in this proceeding. This request is consistent with the spirit and intent of 5 2.730(c). Indeed, if the Aamodts had served the parties (,n the same date they served the Comission, r.o request for an " extension" viould be necessary.
In addition, to develop tile NRC Staff position on the motion to reopen, F
various Staif personnel who rare involycd in the THI-1 Restart Proceeding vill have to analyze and evaluate the allegedly "new" information cited by the Aamodts. Very likely, affidavits will have to be drafted for submission to the Comission for its consideration. The Staff personnel l
involved in such analysis and evaluation are currently unable to devote their efforts to this matter due to their involvement in the revalidation oftheStaff'spositiononmanagementintegrity.E However, Staff expects that Staff personnel will be available after May 6 for such efforts.
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See Memorandum from Dircks to Palladino concerning the revalidation program, dated April 26, 1983, attached to Staff's Note to Parties, April 27, 1983.
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..:. - Finally, the "Hartman allegations" on falsification of leak rate data at TMI-2, which form part of the alleged basis for the Aamodts' motion to reopen, have prompted the Staff to take actions to revalidate the NRC Staff position, supporting restart, on the management integrity issue.$/ The revalidation effort is expected to be concluded on May 6, 1983. The results of that revalidation effort are necessary for the Staff's analysis of, and response to, the Aamodt motion to reopen and should be considered by the Commision before ruling on that motion. The Staff therefore will be be in a position to respond tore fully to the Aamodt motion to reopen if it exalts the conclusion of the revaltdhtion process tefere being required to file its response.
l In two telephone conversations with Marjorie Aamudt on April 29, 1983, Staff counsel etten;pted to obtain a statement of the Aamodt;'
position on the Staff's request for an ev. tensio.1 of tfme. Ctansel was unable to reach any agreement with Marjorie Aamodt as to a statement of the Aamodt position on the Staff's motion. Therefore, the Staff makes no representation as to the Aamodts' position on the Staff's motion.
In separate telephone conversations on that same date, counsel for Licensee and the Commonwealth of Pennsylvania authorized the Staff to state that they have no objection to the requested extension of time. TMIA and UCS have 4/
See Id.
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l i authorized Staff counsel to state that those parties have no position ontherequestedextension.N III. REQUEST FOR RELIEF For the reasons stated above, the Staff respectfully requests an extension of time until May 13, 1983 to respond to the Aamodt Motion to Reopen Record of Restart Proceeding.
Respectfully submitted, 6dg
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Mary r.
gner Counsel r ::RC St
'T ack R. iioldberg Cour.sel for NRC Stif
Dated at Bethesda, Maryland this 3rd day of May, 1983 l
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_5f In the telephone conversation between Staff Counsel and TMIA, TMIA's representative stated that she could not take a position on the Staff's request for an extension of time to reply to the Aamodt j
motion because she had not received a copy of the Aamodt motion.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
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METROPOLITAN EDIS0N COMPANY, ET AL.)
Docket No. 50-289
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(Restart)
(Three Mile Island Nuclear Station,)
Unit No. 1)
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_ CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF MOTION FOR AN EXTENSION OF TIME TO RESPOND TO AAMODT F0 TION TO RE0 PEN RECORD OF RESTART PROCEEDING" in the above-captioned proceeding have been served or, the following by deposit in the United States nail, first class, or, as ir.dicated by an asterisk, by depcsit in the Nuclear Regulatory Comissicn's internal mail system, this 3rd day of May 1983:
- Samuel J. Chilk
- Christine N. Kohl Secretary of the Comission Administrative Jsdge U.S. Nuclear Regulatory Comission Atomic Safety & Licensing Appeal Washington, DC 20555 Board U.S. Nuclear Regulatory Comission
- Herzel H. E. Plaine, General Counsel Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555
- John H. Buck Administrative Judge
'*Ivan W. Smith Atomic Safety & Licensing Appeal
_ Administrative Judge Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 George F. Trowbridge, Esq.
Dr. Walter H. Jordan Shaw, Pittman, Potts & Trowbridge Administrative Judge 1800 M Street, NW 881 W. Outer Drive Washington, DC 20036 Oak Ridge, Tennessee 37830 Robert Adler, Esq.
Dr. Linda W. Little 505 Executive House Administrative Judge P. O. Box 2357 5000 Hermitage Drive Harrisburg, PA 17120 Raleigh, North Carolina 27612 Mr. Thomas Gerusky
- Gary J. Edles, Chairman Bureau of Radiation Protection Atomic Safety & Licensing Appeal Dept. of Environmental Resources Board P, O. Box 2063 U.S. Nuclear Regulatory Comission Harrisburg, PA 17120 Washington, DC 20555
Gary L. Milhollin, Esq.
Honorable Mark Cohen 4412 Greenwich Parkway, NW 512 D-3 Main Capital Building Washington, DC 20007 Harrisburg, PA 17120 Mr. Marvin I. Lewis William S. Jordan, III, Esq.
6504 Bradford Terrace Hamon & Weiss Philadelphia, PA 19149 1725 I Street, NW Suite 506 Mr. C. W. Smyth, Supervisor Washington, DC 20006 Licensing TMI-1 Three Mile Island Nuclear Station John Levin, Esq.
P. O. Box 480 Pennsylvania Public Utilities Com.
Middletown, PA 17057 Box 3265 Harrisburg, PA 17120 Ms. Marjorie Aamodt R.D. #5 Jordan D. Cunningham, Esq.
Ccatesville, PA 19320 Fox, Farr and Cunningham 2320 North 2no Street Gail Phelps Harrisburg, PA 17110 ANGRY /TMI'PIRC 1007 Haclay Street Louise Bradford Harrisbut g, PA 17103 Three Mile Island Alert 1011 Green Street Allen R. Carter, Chairman Harrisburg, PA 17102 Joint Legislative Comittee on Energy Post Office Enx 142 Ms. Ellyn R. Weist Suite 513 Hamon & Weiss Senate Gresrette Building 1725 I Street, NW Columbia, Soutii Carolina 2920Z Suite 506 Washington, DC 20006 Chauncey Kepford Judith Johnsrud Mr. Steven C. Sholly Environmental Coalition on Nuclear Power Union of Concerned Scientists 433 Orlando Avenue 1346 Connecticut Avenue, NW h
State College, PA 16801 Dupont Circle Building, Suite 1101 Washington, DC 20036 Hs. Frieda Berryhill, Chairman Coalition for Nuclear Power Plant
- Dr. Lawrence R. Quarles Postponement Atomic Safety & Licensing Appeal 2610 Grendon Drive Board l
Wilmington, Delaware 19808 U.S. Nuclear Regulatory Comission Washington, DC 20555 Mr. Henry D. Hukill Vice President
- Judge Reginald L. Gotchy l:
GPU Nuclear Corporation Atomic Safety & Licensing Appeal Post Office Box 480 Board i
Middletown, PA 17057 U.S. Nuclear Regulatory Comission l
Washington, DC 20555 L
Michael McBride, Esq.
LeBoeuf, Lamb, Leiby & McRae Ms. Jane Lee Suite 1100 R.D. 3; Box 3521 1333 New Hampshire Avenue, NW Etters, PA 17319 Washington, DC 20036
I David E. Cole
- Atomic Safety & Licensing Smith & Smith, P.L.
Board Panel Riverside Law Center U.S. Nuclear Regulatory Comission 2931 N. Front Street Washington, DC 20555 Harrisburg, PA 17110 i
- Atomic Safety and Licensing Appeal l
Michael W. Maupin, Esquire Board Panel Hunton & Williams U.S. Nuclear Regulatory Commission 707 East Main Street Washington, DC 20555 P. O. Box 1535 l
Richmond, VA 23212 l
- D6cketing & Service Section Office of the Secretary
- U.S. Nuclear Regulatory Commission Lshington, DC 20555 l
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Mary E. )for NRC Staff Counsel e
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