ML20032B018
| ML20032B018 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 11/02/1981 |
| From: | Gray J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8111040289 | |
| Download: ML20032B018 (5) | |
Text
Staff 11/2/81 e
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMilISS10ll BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket No. 50-?89 METROPOLITA'4 EDIS0!1 COMPANY, ET AL.)
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(Three Mile Island, Unit 1)
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NRC STAFF RESP 014SE TO MEMORAHUUM AND ORDER REGARDING FEMA REPORT OH YORK COUNTY EXERCISE Alg.
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NOTICE OF STIPdLATION AMONG THE PARTIES 1_
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INTRODUCTION
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In a " Memorandum and Order Regarding FEMA Reports on York County Exercise," dated October 21, 1981 (Memorandum and Order), the Licensing Board in tne captioned proceeding acknowledged receipt of two reports on the York County emergency exercise which took place on August 29, 1981.
These reports, which were forwarded to the Licensing Board and parties by the Staff on September 30,1981, are:
(1)
Interim Findings and Determination Relating to the Status of l
State and Local Emergency Preparedness Around the Three Mile Isic -J (TMI) Fixed Nuclear Facility for York County, September 18, 1981; and (2)
Pennsylvania REP Exercise Site-Specific to TMI-Observations and Recommendations, York County, September 11, 1981.
In i'ti Memorandum and Order, the Board stated that it is considering the use of information in these reports in its decision on emergency preparefiness for TMI-1 and indicated its intent to admit the 8
DESIGNATED ORIGINAL
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. a reports into evidence in the absence of objecticns to doing so. The Licensing Board directed the Staff Licensee, the Commonwealth and ANGRY, as lead intervenor on emergency planning, to discuss, prior to November 2,1981, the matter of stipulating to the admission of parts or all of these reports into evidence and also directed that objections to admission and certain other information related to such objections be filed by November 2,1981. The NRC Staff's response to the Licensing Board directives and report of the results of discussions among the parties are set forth below.
II. Stipulation to Admission of FEMA Reports The Stoff, for its part, poses no objection to the Licensing Board's receiving the referenced FEMA reports into evidence and supports the admission of these documents, in their entirety and without cross-examination or other confrontation, into the evidentiary record.
The Staff has contacted counsel for the Licensee and the Commonwealth and Ms. Gail Phelps, representative of ANGRY, the lead intervenor on emergency planning, and discussed the-matter of stipulating to the admission of the FEMA reports. The Licensee, the Commonwealth and Ms. Phelps have agreed to stipulate to the admission into evidence, without cross examination or other confrontation, of both FEMA reports in their entirety.1/ The Licensee and Ms, Phelps have 1/
Ms.-Phelps indicated that her agreement to stipulate to the admission of the FEMA documents may not and should not be construed as a change in the position of intervenors, as expressed in their proposed findings on emergency planning for TMI-1, on the adequacy of FEMA find,ings and determinations for TMI-1.
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3-4 indicated that tney will confirm their agreements to so stipulate by means of letters from these parties forwarded to the Licensing Board on or about November 2,1981. The Commonwealth has indicated that it forwarded such a confirmation letter on October 30, 1981. This document constitutes the Staff's stipulation in this regard.
III.
Conclusion Based on the discussions among the parties, as recounted herein, the Staff, the Licensee, the Commonwealth, and ANGRY, as lead intervenor on emergency planning, have agreed to stipulate to admission, into the evidentiary record, without further hearings, cross-examination or other confrontation, the (1)
Interim Findings and Determination Relating to tne Status of State and Local Emergency Preparedness Around the Three Mile Island (TMI) Fixed Nuclear Facility for York County, September 18, 1981; and (2)
Pennsylvania REP Exercise Site-Specific to TMI-Observations and Recomrandations, York County, September 11, 1981.
Respectfully submitted, 1 l(
H os b R. Gray Cou sel for NR Staf.
Dated at Bethesda, Maryland this 2nt_ day of November,1981.
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M UNITED STATES OF AMERICA HUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of METROPOLITAN EUISON COMPANY, ET AL.
Docket No. 50-289 (Three Mile Island, Unit 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO FDORANDUM AND ORDER REGARDING FEMA REPORT ON YORK COUNIY EXERCISE AND NOTICE OF STIPU1ATION AMONG ' DIE PARTIES" in the above-captioned proceeding have been served on the following by deposit in the United States mall, first class or, as indicated b by deposit in the Nuclear Regulatory Ccmaission'y an asterisk,l system, this 2nd day s internal mal 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 Comission Washington, DC 20556 Robert Adler, Esq.
505 Executive House
- Christine N. Kohl P. O. Box 2357 i
Atomic Safety & Licensing Appeal Harrisburg, Pennsf vania 17120 Board Panel U.S. Nuclear Regulatory Comission Honorable Mark Cohen Washington, DC 20555 512 D-3 Main Capital Building Harrisburg, PA 17120
- Ivan W., Smith, Esq.
Administrative Judge Atomic Safety & Licensing Board Panel Ms. Marjorie Aamodt U.S. Nuclear Regulatory Commission R.D. #5 Washington, DC 20555 Coatesville, PA 19320 Dr.WalterH.Joh. dan Mr. Thomas Gerusky Administrative Judge Bureau of Radiation Protection 881 W. Outer Drive Dept. of Environmental Resources Oak Ridge, Tennessee 37830 P. O. Box 2063 Harrisburg, PA 17120
Mr.11arvin 1. Lewis 6504 Bradford Terrace
- Atomic Safety and Licensing Appeal Board Philadelpnia, PA 19149 U.S. Nuclear Regulatory Commission Washingt'n DC 20555 Netropolitan Edison Company ATTH:
J. G. Herbein, 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 Comission Etters, PA 17319 ATTH:
Chief, Docketing & Service Br.
Washington, DC 20555 Walter W. Cohen, Consumer Advocate Department of Justice William S. Jordan, III Esq.
Strawberry Square,14th Floor Harmon & Weiss riarrisburg, PA 17127 1725 I Strert, N.W.
Suite 506 Thomas J. Germine Washington, DC 20006 Deputy Attorney General Division of Law - Room 316 John Levin, Esq.
1100 Raynond Bouievard Pennsylvania Public Utilities Comm.
Hewark, 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 Senate 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 Chauncey Kepford Ms. Ellyn R. Weiss Judith Johnsrud Harmon & Weiss Environmental Coalition on Nuclear Power 1725 I Street, N.W.
433 Orlando Avenue Suite 506 State College, PA 16801 Washington, DC 20006 Ms. Frieda Berryhill, Chairman Mr. Steven C. Sholly Coalition for Nuclear Power Plant Union of Concerned fcientists Postponement 1725 I Street, N.W.
2G10 Grendgn Drive Suite 601 Wilmington, Delaware 19808 Washington, DC 20006 Gail Phelps ANGRY 245 W. Philadelphia Street York, Pennsylvania' 17401 9
//osephR. Gray /
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/Cour(sel for NRC Staff
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