ML20028E098
| ML20028E098 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/17/1983 |
| From: | Baxter T METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8301200344 | |
| Download: ML20028E098 (6) | |
Text
4 January 17, 1983 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00tXETED n%Pr BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )
) ..
METROPOLITAN EDISON COMPANY ) Docket No. ~. 50-289ygi'/,;
) (Rest' art)' ', lil5 (Three Mile Island Nuclear )
Station, Unit No. 1) )
LICENSEE'S MOTION FOR RESCHEDULING OF REOPENED HEARING By Memorandun and Order dated December 29, 1982 (ALAB-708),
the Appeal Board reopened this proceeding for further testimony on the efficacy of boiler-condenser natural circulation and of feed and bleed cooling for decay heat removal, as well as the role which hot leg high point vents might play in the event of a small break LOCA or a loss of main feedwater transient.
The Board directed that testimony be filed on Wednesday, January 26, 1983 and that the hearing commence on Tuesday, February 8, 1983.
Licensee reluctantly requests an extension of both the testimony and hearing dates because of the sudden unavailability of one of Licensee's primary witnesses, Mr. R. C. Jones, Jr.,
who has been called to New York by B&W to prepare and present testimony in the trial now in progress in the damage suit brought by GPU against B&W following the TMI-2 accident.
Licensee's counsel and technical staff had met with Mr. Jones as recently as Monday, January 10, 1983 to review the Appeal Board's December 29, 1982 Memorandum and Order and to outline 8301200344 830117 m-PDR ADOCK 05000289 ,__
0 ,
his testimony before the Appeal Board. On Friday, Janucry 14, 1983, however, Licensee's counsel in this proceeding was advised by B&W's counsel, based in large part on events that had occurred the preceding day in the damage trial, that Mr.
Jones was being brought immediately to New York for the preparation and presentation of evidence in the trial pro-ceedings there and would not be available for two or three weeks to work on his testimony in this proceeding. Licensee has no choice but to accept B&W's decision in this matter.
Licensee had planned to file testimony by Mr. Jones on schedule in the areas designated numerically by the Appeal Board as items 7 and 9, to which the Board has directed Licensee to reply, and to items 2, 4, 5 and 6, where testimony by Licensee is optional.
We have considered the possibility of using other B&W experts for the presentation of testimony, but do not consider this course of action feasible. To begin with, it is not realistic to expect that any other B&W witness could, in ,
the time r.emaining, familiarize himself properly with the extensive record in the restart hearing on emergency core cooling, including ten days of testimony by Mr. Jones, much less prepare timely testimony. Perhaps more importantly, the Appeal Board's Memorandum and Order frequently references Mr. Jones' testimony, and we anticipate that the Board (and perhaps UCS) will wish to pursue a number of questions based on the testimony.
a
Licensee proposes that the Appeal Board reset the date for filing of testimony by all parties for February 16, 1983, and establish a hearing date as soon as practicable thereafter.
We have selected February 16, 1983 on the assumption that Mr.
Jones will complete his participation as a witness in the New York trial by early February. If there are significant changes in either direction in the expected date of Mr. Jones' availability, we will promptly inform the Appeal Board.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE Thomas A. Baxter, P.C.
Counsel for Licensee 1800 M Street, N.W.
Washington, D.C. 20036 (202) 822-1090 l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOC '< E TE D BEFORE THE ATO31IC SAFETY AND LICENSING APPEAL BOARb In the Matter of )
)
METROPOLITAN EDISON COMPANY ) Docket No'.c 50--289 Lik im _
(RestaFt>-%ggc P '
~
) ~
(Three Mile Island Nuclear )
Station, Unit No. 1) )
CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Motion for Rescheduling of Reopened Hearing" were served this 17th day of January, 1983, by hand delivery upon the parties identified by an asterisk and by deposit in the U.S. mail, first class, postage prepaid, to the other parties on the attached Service List.
Thomas A. Baxter, P.C.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )
)
METROPOLITAN EDISON COMPANY ) Docket No. 50-289
) (Restart)
(Three Mile Island Nuclear )
Station, Unit No. 1) )
SERVICE LIST
- Gary J. Edles, Esquire
- James M. Cutchin, IV, Esquire Chairman Office of the Executive Iagal Director Atomic Safety and Licensing Appeal U.S. Nuclear Regulatory C = insion Board Washington, D.C. 20555 U.S. Nuclear Pegulatory C e insion Washington, D.C. 20555 Docketing and Service Section Office of the Secretary
- Dr. John H. Buck U.S. Nuclear Regulatory Camtission Atanic Safety and Licensing Appeal Washington, D.C. 20555 Board U.S. Nuclear Regulatory Comnission John A. Levin, Esquire Washington, D.C. 20555 Assistant Counsel Pennsylvania Public Utility Caanission
- Dr. Reginald L. Gotchy P.O. Box 3265 Atanic Safety and Licensing Appeal Harrisburg, PerJ1sylvania 17120 Board U.S. Nuclear Regulatory Comnission Robert Adler, Esquire Washington, D.C. 20555 Assistant Attorney General 505 Executive House Ivan W. Smith, Esquire P.O. Box 2357 Chairman Harrisburg, Pennsylvania 17120 Atanic Safety and Licensing Board ~
i U.S. Nuclear Regulatory Comnission Ms. "Icuise Bradford Washington, D.C. 20555 D E ALERT 1011 Green Street
- Dr. Walter H. Jordan Harrisburg, Pennsylvania 17102 Atanic Safety and Licensing Board Panel
- Ellyn R. Weiss, Esquire
> 881 West Outer Drive Harmon & Weiss
! Oak Ridge, Tennessee 37830 1725 Eye Stireet, N.W. , Suite 506 Washington, D.C. 20006 Dr. Linda W. Little Atanic Safety and Licensing Board Steven C. Sholly Panel Union of Concerned Scientists 5000 Hernitage Drive 1346 Connecticut Avenue, N.W. , Suite 1101 Raleigh, North Carolina 27612 Washington, D.C. 20036 p
e .
Jordan D. Cunningham, Esquire 2320 North Second Street Harrisburg, Pennsylvania 17110 ANGRY /'D1I PIPC 1037 Maclay Street Harrisburg, Pennsylvania 17103 William S. Jordan, III, Esquire
- Harnen & Weiss 1725 Eye Street, N.W., Suite 506 Washington, D.C. 20006 Chauncey Kepford Judith H. Jobasrud Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 Marjorie M. Aamodt R. D. 5 Coatesville, Pennsylvania 19320
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