ML20031A729
| ML20031A729 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/17/1981 |
| From: | Baxter T METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8109250323 | |
| Download: ML20031A729 (5) | |
Text
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LIC 9/17/81 y
s UNITED STATES OF AMERICA DED h
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NUCLEAR REGULATORY COMMISSION E
1 1988,
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O' BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g
In the Matter of
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METROPOLITAN EDISON COMPANY
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Docket No. 5 2 8 9_ ' " b (Restaht'k
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b 8g 3 '4;k '9 Station, Unit No. 1)
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f e,6N LICENSEE'S MOTION FOR AN EXTENSION P\\
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TIM 1' IN WHICH TO ANSWER INTERVENOR MOTIONS, 4/\\, '
TO REOPEN THE RECORD ON DESIGN ISSUES \\h'>
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o, On c,ptember 10, 1981, intervenor Steven C. Sholly i
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filed a ".
. Motion to Reopen the Record and to Compel the S
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Appearance of Named NRC Staff Personnel."
On the same day, intervenor Union of Concerned Scientists filed a ".
. Motion to Reopen Record, to Permit the Taking of Depositions, and for Costs Against the Stafl.."
While the motions vary in the scope of relief sought, they both rely principally upon a document, served by UCS, entitled " Recommendations of TMI-2 IE Investigation Team (Operational Aspects)," and dated September, 1979.
It is argued, inter alia, that certain of this team's recommenda-tions lend support to certain of the contentions of Mr. Sholly and UCS.
The document itself does not explain why the team
[
I prepared recommendations outside IE's area of responsibility, the competence of the individual (s) who made recommendations
[l on plant design and any technical basis for doing so, the 109250323 B10917 e
PDR ADOCK 05000289 G
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consideration given to these recommendations in formulating the TMI Action Plan, and the status of the recommendations compared to other IE reviews of the TMI-2 accident, including NUREG-0616 (Report of Special Review Group, Office of Inspec-tion and Enforcement, on Lessons Learned from Three Mile Island, October 1979), and IE participation in NRR's TMI-2 Lessons Learned Task Force.
Licensee believes that some of this information, not revealed by the document itself, may be relevant to the Board's consideration of the parties' arguments on the motions.
Yet, knowledge of these facts is uniquely in the possession of the NRC Staff.
Pursuant to the Commission's regulations governing the filing of answers to motions, Licensee's answer to these motions would be due on September 25, while the NRC Staff's answer would be due on September 30.
See 10 C.F.R. SS 2.710 and 2.730(c).
This sequence vould require Licensee to argue the law applicable to the motions without knowledge of ' apor-tant facts which may be presented in the dtaff's answer.
In order that we may have a fair and full opportunity to answer the motions in this unique situation, Licensee moves the Board for an order extending the time in which Licensee may answer the UCS and Sholly motions until October 5, 1981.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE Thomas A. Baxter Counsel for Licensee 1800 M Street, N.W.
Washington, v.C.
20036 Dated:
September 17, 1981 (202) 822-1090
LIC 9/17/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDISON COMPANY
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Docket No. 50-289
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(Restart)
(Three Mile Island Nuclear
)
Station, UniL No. 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Motion for an Extension of Time in Which to Answer Intervenor Motions
'to Reopen the Record on Design Issues" were served this 17th day of September,1981 by hand delivery upon the parties j
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 1
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDISON COMPANY
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Docket No. 50-209
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(Restart)
(Three Mile Island Nuclear
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Station, Unit No. 1)
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SERVICE LIST
- Ivan W. Smith, Esquire John A. Ievin, Esquire Chai man Assistant Cbunsel Atcmic Safety and Licensing Pennsylvania Public Utility Cm mission Board P.O. Box 3265 U.S. Nuclear Regulatory Cm mission Harrisburg, Pennsylvania 17120 Washington, D.C.
20555 Karin W. Carter, Esquire Dr. Walter H. Jordan Robert Adler, Esquire Atcmic Safety and Licensing Assistant Attorney General Board Panel 505 Executive House 881 West Outer Drive P.O. Box 2357 Oak Ridge, Tennessee 37830 Harrisbr.g, Pennsylvania 17120 Dr. Linda W. Little John E. Minnich Atcmic Safety and Licensing (21aiman, Dauphin Cbunty Board Board Panel of Camissioners 5000 Hermitage Drive Dauphin County Courthouse Raleigh, North Carolina 27612 Front and Market Streets Harrisburg, Pennsylvania 17101 James R. Tourtellotte, Esquire I
Office of the Executive Iagal Director Walter W. Cohen, Esquire i
U.S. Nuclear Pegulatory h insion (bnsurer Advocate Washinigton, D.C.
20555 Office of Consuner Advocate 1425 Strawberry Square Docketing and Service Section Harrisburg, Pennsylvania 17127 Office of the Secretary U.S. Nuclear Regulatory Camission l
Washington, D.C.
20555 l
- James M. Cutdlin, IV, Esquire Office of the Executive Iagal Director l
U.S. Nuclear Regulatory nmminaion i
Washington, D.C.
20555 i
8 N
Jordan D. Cunningham, Esquire Robert Q. Pollard 2320 North Second Street 609 mntpelier Street HarrisburtJ, Pennsylvania 17110 Baltimore, Maryland 21218 Ms. Iouise Bradford Chauncey Kepford IMI ALERI' Judith H. Johnsrud 315 Peffer Street Environmental Coalition on Nuclear Power Harrisburg, Pennsylvania 17102 433 Orlando Avenue State College, Pennsylvania 16801 Ellyn R. Weiss, Esquire Harnon & Weiss Marvin I. Iewis 1725 Eye Street, N.W., Suite 506 6504 Bradford Terrace Washington, D.C.
20006 Philadelphia, Pennsylvania 19149 Steven C. Sholly Marjorie M. Aanodt Unicn of Concerned Scientists R. D. 5 1725 Eye Street, N.W., Suite 601 Coatesville, Pennsylvania 19320 Washington, D.C.
20006 Thcxnas J. Germine, Esquire Gall B. Phelps Deputy Attorney General ANGRY Division of Iaw - Boom 316 245 West Philadelphia Street 1100 Raymond Boulevard York, Pennsylvania 17404 Newark, New Jersey 07102 Wil1iam S. Jordan, III, Esquire HaInon & Weiss 1725 Eye Street, N.W., Suite 506 Washington, D.C.
20006 Professor Cary L. Milhollin 1815 Jeffers a Street Madison, Wiscc.w:in 53711
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