ML20031A402
| ML20031A402 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/18/1981 |
| From: | Weiss E HARMON & WEISS, UNION OF CONCERNED SCIENTISTS |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8109230486 | |
| Download: ML20031A402 (5) | |
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UNITED STATES OF AMERICA 01 USNRC NUCLEAR REGULATORY COMMISSION 2
SEP2119811
- I BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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METROPOLITAN EDISON COMPANY,
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et al.,
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Docket No. 50-28,9 A
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Restart 8
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<;y g / g' UNION OF CONCERNED SCIENTISTS OBJECTION D
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TO LICENSEE'S MOTION FOR AN EXTENSION
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OF TIME IN hBICH TO ANSWER INTERVENOR I/
r0's r MOTIONS TO REOPEN THE RECORD ON DESIGN ISSUES
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UCS opposes the Licensee's motion for an extension of time to answer the UCS Motion to Reopen Record, to Permit the Taking of Depositions, and for Costs Against the Staff.
The reasons given by the Licenuse are without merit.
The Licensee states that certain information in possession of the Staff "may be relevant to the Board's consideration of the parties' arguments on the motion," giving as examples:
l why the IE team prepared recommendations purportedly ortside IE's area of responsibility, the competence of the involved individuals and the technical basis for their recommendations, I
and the consideration given to the recommendation..
These hbD3 are said to be " facts.
uniquely in the possession of the NRC Staff." (Licensee's Motion at 2) f On the contrary, the staff's opinions on these matters facts but the assertions of one party to the proceeding -
are not
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one party which has taken an adversary position against the UCS contentions and against the relevant recommendations of the IE team.
While one may expect the Staff to assert a position in its response with respect to whatever questions it parceives relevant to the UCS motion, those pcjitions can hardly qualify as facts which the Board could take as esta-blished for the purpose of ruling on the motion.
- Trus, there is no reason why the Licensee's response should await them.
Indeed, these are precisely the issues upon which UCS has asked the Board to reopen the record - particularly the consideration given by.the Staff to the IE team report and the technical bases therefor.
These questions must be resolved as part of the merits after opportunity for a hearing - not on the basis of the Staff's self-interested assertions in response to a motion.
Even assuming that the Staff were in possession of some unique factual material of importance to the Board, surely l
the Staff can be relied upon to bring it forward to the l
, Board. There is no apparent reason why the Licensee's response should await it; UCS's motion was made on the basis of the document alone.
Other than the broadest assertion, the Licensee makes no showing whatever of any specific way in which the Staff's " facts" might affect the " applicable law."
Moreover, we are confident that the Licensee is able to learn whatever pertinent facts are in the Staff's possession l
4 by telephoning the Staff.
We would be surprised if such i
consultation had not already taken place.
In conclusion, UCS urges the Board to reject the Licensee's Motion.
Respectfully submitted,
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Ellyn R.
eiss HARMON & WEISS 1725 Eye Street, N.W.
Suite 506 Washington, D.C.
20006 (202) 833-9070 DATED:
September 18, 1981
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UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION DOChamD 3,
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BEFORE Tile ATOMIC SAFFTY AND LICENSING ITOAR 2 SEP2119Bf.
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Dxketing & Senice E n:h 6
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In the Matter of
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METROPOLITAN EDISON COMP ANY, et al.,
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Docket No. 50-289
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Restart (Thr ee Mll e Island Nuclear Sta tion,
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Unit No. 1)
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CERTIFIC ATE OF SERVICS I hereby certify that a copy of " Union of Concerned Scientists Objection to Licensee's Motion For an Extension of Time in Which to Answer Intervenor Motions to Reopen on Design Issues" was mailed first class postage pre-paid this 18th day of September 1981 to the following:
Secretary of the Commission Jordan D.
Cunningham, Esq.
U.S.
Nuclear Regulatory Commission Fox, Farr & Cunningham Wa s h ing t o n,
D.C.
20555 2320 North Second Street ATTN:
Chief, Docketing &
Harrisburg, PA 17110 Service Section James A.
Tourtellotte, Esq.
Frieda Berryhill Office of the Executive Coalition for Nuclear Power Legal Dir e ct or Pos tpo neme nt
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U.S.
Nuclear Regulatory Commission 2610 Grenden Drive Washington, D.C.
20555 Wilmington, Delaware 19808 Steven C.
Sholly Union of Concerned Scientists Daniel M.
Pell
.1725 I Street, N.W.
32 Sou th Deaver Street 6th Floor Yor k, Pennsylvani a 174 01 Washington, D.C.
20006 Walter -
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Consumer Advoc a te De par t n,..
us.tice Strawberty Squarn 14th Floor Harrisburg, PA 17127
49 Cert. of Service Docket No. 50-289 Robert L.
Knupp, Esquire Chauncey Kepford Assistant Solicitor Judith H. Johnsrud County of Dauphin Er.vironmental Coalition on P.O. Box P Nuclear Power 407 North Front Street 433 Orlando Avenue Harrisburg, PA 17108 State College, PA 16801 Tchr. A. Levin, Esquire Robert Q. Pollard Assistant Counsel Chesapeake Energy Alliance Pennsylvania Public Utility 609 Montpelier Street Commission Baltimore, Marylund 21218 Harrisburg, PA 17120 Theodore Adler Marvin I. Lewis Widoff, Reager, Selkowitz 6504 Dradford Terrace
& Adler Philadelphia, 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 Commissig Washington, D.C.
20555 Dr. Walter H. Jordan k',5^6"[i*.kk6'k$sociates 881 W.
Outer Drive 1312 Annapolis Drive Oak Ridge, Tennessee 37830 Raleigh, North Carolina 27606
- George F. Trowbridge, Esquire Ms. Jane Lee Shaw, Pittman, Potts &
R.D.
- 3, Box 3521 Trowbridge Etters, Pennsylvania 17319 1800 M Street, N.W.
l Washington, D.C.
20036
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l Robert W.
Adler l
Dept. of Environmental Resources 505 Executive House P.O.
Box 2357 Harrisburg, Pennsylvania 17120 w
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Ellyn R. Weiss
- Hand-delivered L