ML20032B012
| ML20032B012 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 11/02/1981 |
| From: | Goldberg J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8111040281 | |
| Download: ML20032B012 (5) | |
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Staff 11/2/81 e
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0KC3SION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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Docket No. 50-289 g
METROPOLITAN EDIS0N COMPANY, ET AL.)
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G gS NRC STAFF RESPONSE TO THE JOINT MOTION BY SD Ti"A AND THE AAMODTS FOR AN EXTENSI0fl 0F TIME
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"ILING BRIEFS IN SUPPORT OF EXCEPTIONS TO p'
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&TIAL INITIAL DECISION ON MANAGEMENT ISSUES
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INTRODUCTION On August 27, 1981, the Licensing Board issued its Partial Initial Decision (PID) on management issues.
Exceptions to the PID were filed on October 26, 1981, by Intervenor Three Mile Island Alert (TMIA) and on October 24, 1981, by Intervenor Mr. and Mrs. Aamodt (Aamodts).1! By Joint Motion dated October 26, 1981, TM*A and the Aamodts requested a 30 day extension of time for the filing of briefs in support of their exceptions. The Licensee, Metropolitan Edison Company, filed a response dated October 30, 1981, not opposing the requested extension.
For the reasons set forth below, the Staff has no objection to the reque:ted 30 day extension.
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By Order dated September 3,1981, the Appeal Board granted the intervenor an extension of time to file their exceptions until the 10th day following the oral presentation to the Commission on the imediate effe'ctiveness of the P.I.D.
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II. STAFF RESPONSE In support of their Joint Motion. THIA and the Aamodts state that they are participating in the reopened hearing concerning cheating-related issues,U which hearings are scheduled to begin November 10, 1981, and that all their time will be required in that effort. TMIA and the Aamodts also cite the voluminous record and lengthy PID as additional reasons for their request.
The Staff believes that TMIA and the Aamodts have shown good cause for their requested extension. The Staff notes that under the current schedule, the reopened hearing will likely not be completed until November 21, 1981, with proposed findings of fact and conclusions of law required to be filed on December 4,1981, and reply findings due on December 11, 1981. Thus if THIA and the Aamodts were not granted an extension of time, the entire 30 day period they would have to prepare their briefs in support of appeal would be consumed with matters directly related to the reopened hearing. Therefort little, if any, time would be available to them for preparation of appellate briefs. Moreover, the requested extension should not have any affect on the ultimate decision concerning the startup of TMI-1, since the Licensing Board has not yet l
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y In light of notifications from the NRC Staff concerning allegations of cheating by two of licensee's personnel o1 the NRC reactor and senior reactor operator examinations in April,,1981, the Licensing Boaf.d. retained jurisdiction of the management issues.
P.I.D. 145.
By Memorandum and Order dated September 14, 1981, the Licensing Board reopened the record to hear evidence on the impact of the alleged I
cheating on certain of its management findings. Hearings are scheduled for November 10-21, 1981, before a Special Master.
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. issued the remainder if its initial decision on issues other than management.
III. CONCLUSION Accordingly, the Staff does not oppose the requested 30 day extension of time for the filing of briefs in support of exceptions.
Tne Staff suggests, however, that if the Appeal Board decides to grant the requested extension of time, both TMIA and the Aamodts be given the requested 30 additional days from October 26, 1981, the later of the two dates on which exceptions were filed.
Respectfully submitted, fb p
R. Goldberg Counsel for NRC Staff Dated at Betnesda, Maryland this 2nd day of November,1981.
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UllITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of METROPJLITAN EDISON COMPANY, ET AL.
Docket No. 50-289 (Three Mile Island, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO THE JOINT FDTION BY DIIA THE AAMODTS FOR AN EXIENSION OF TIFE FOR FILING BRIEFS IN SUPPORT OF EXCEPTIONS 10 THE PARTIAL INITIAL DECISION ON MANAGDENT ISSUES" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Comission's internal mail system, this 2nd day of November, 1981:
Dr. Linda W. Little Administrative Judge 5000 Hermitage Drive Raleigh, North Carolina 27612-George F. Trowbridge, Esq.
- Dr. John H. Buck Shaw, Pittman, Potts & Trowbridge Atomic Safety & Licensing Appeal 1800 M Street, N.W.
Board Panel Washington, DC 20006 U.S. Nuclear Regulatory Commission Wasnington, DC 20555 Robert Adler, Esq.
505 Executive House
- Christine N. Kohl P. O. Box 2357 Atomic Safety & Licensing Appeal Harrisburg, Pennsylvania 17120 Board Panel U.S. Nuclear Regulatory Commission Honorable Mark Cohen Weshington, DC 20555 512 D-3 Main Capital Building Harrisburg, PA 17120
- Ivan W._ Smith, Esq.
Administrative Judge Atomic S'sfety & Licensing Board Panel Ms. Marjorie Aamodt U.S. Nuclear Regulatory Commission R.D. #5 Washington, DC 20555 Coatesville, PA 19320 Dr.WalterH.Johdan Mr. Thomas Gerusky Administrative Judge Bureau of Radiation Drot8Ction 881 W. Outer Drive Dept. of Environmental Resources Oak Ridge, Tennessee 37830 P. O. Box 2063 Harrisburg, PA 17120 h-
Mr. !!arvin I. Lewis 6504 Bradford Terrace
- Atomic Safety and Licensing Appeal Board Philadelphia, PA 19149 U.S. Nuclear Regulatory Commission Washington, DC 20555 Metropolitan Edison Company ATTN:
J. G. Hertein, Vice President
- Atomic Safety and Licensing Board Panel P. O. Box 542.
U.S. Nuclear Regulatory Comission Reading, PA 19603 Washington, DC 20555 Ms. Jane Lee
- Secretary R.D. 3; Box 3521 U.S. Nuclear Regulatory Commission Etters, PA l'319 ATTH:
Chief, Docketing & Service Br.
Washington, DC 20555 Walter W. Conen, Consumer Advocate Department of Justice William S. Jordan, III, Esq.
Strawberry Square,14th Floor Harmon & Weiss riarrisburg, PA 17127 1725 I Street N.W.
Suite 506 Thomas J. Germine Washington, DC 20006 Deputy Attorney General Division of Law - Room 316 John Levin, Esq.
1100 Raynond Boulevard Pennsylvania Public Utilities Comm.
Newark, New Jersey 07102 Box 3265 Harrisburg, PA 17120 Allen R. Carter, Chairman Joint Legislative Committee on Energy Jordan D. Cunningham, Esq.
Post Office Box 142 Fox, Farr and Cunningham Suite 513 2320 North 2nd Street 3enote Gressette Building Harrisburg, PA 17110 Columbia, South Carolina 29202 Louise Bradford Robert y. Pollard Three Mile Island Alert 609 Montpelier Street 1011 Green Street Baltimore, Maryland 21218 Harrisburg, PA 17102 I
Cnauncey Kepford Ms. Ellyn R. Weiss Judith Johnsrud Harmon & Weiss Environmental Coalition on Nuclear Power 1725 I Street, N.W.
433 Orlando Avenue Suite 506 l
State College, PA 16801 Washington, DC 20006 Ms. Frieda Berryhill, Chairman Mr. Steven C. Sholly Coalition for Nuclear Power Plant Union of Concerned Scientists l
Postponement 1725 I Street, N.W.
2610 Grendon Drive Suite 601 l
Wilmington, Delaware 19808 Washington, DC 20006
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Gail Phelps Gary L. Milhollin, Esq.
ANGRY 1815 Jefferson Street 245 W. Philadelphja Street Madison, WI 53711 York, Pennsylvania 17401 hl Jeck R. Goldberg
[ounse' for NRC Staff
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