ML20040B975
| ML20040B975 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/25/1982 |
| From: | Goldberg J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8201270122 | |
| Download: ML20040B975 (5) | |
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STAFF 1/25/82 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of METROPOLITAN EDIS0N COMPANY, ET AL.
Docket No. 50-289 m
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(Restart) 4 (Three Mile Island Nuclear Station, )
Unit No. 1)
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s*((#T 5p' IRC STAFF'S ANSWER TO Ti1IA MOTION TO 3
DIRECT EXECUTION OF AFFIDAVIT AND TO ENTER DOCUMENTS INTO EVIDENCE q
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INTRODUCTION By motion dated January 1,1982,II TMIA moves that two letters from the Licensee to the Staff concerning Licensee's plans for operator staff-ing at THI-1 be admitted into evidence in this reopened proceeding and that Licensee be directed to execute an affidavit, also to be entered into evidence, concerning the Licensee's plans regarding the certifica-tion of certain individuals. Licensee responded on January 13, 1982, opposing TMIA's motion.
For the reasons set forth below, the Staf f opposes Ti1IA's motion.
II. DISCUSSION The two letters which TMIA seeks to have admitted into evidence are Licensee's so-called "10-day letter" and "20-day letter" in response to 1/
The Certificate of Service attached to Tf1IA's motion indicates that Counsel for NRC Staff was served by hand delivery on January 4,1982.
Counsel for the Staff was not so served with TMIA's motion on that date.
DC ICUtJr.3 C310H!!.L Cortified O._ M D I2 OC 000 9
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o a December 1,1981 letter from the Staff to Licensee requesting Licensee to provide its plans for operator staffing at TMI-1, respectively, during the present cold shutdown and for restart.
All parties to the reopened proceeding, including TMIA, were provided with a copy of the Staff's December 1st letter at the hearing on December 1,1981.
Neithes TMIA r.cr any other party offered that letter into evidence at that time. Nor did TMIA or any other party suggest at that time or any other time during the hearing (which was completed on December 10, 1981) that the contents of Licensee's responses requested in Staff's December 1st letter be entered into evidente when they o'ecame available. The only reference to Licensee's responses was a TMIA inquiry during a Decem-ber 14, 1981 conference call on another matter with the Special Master as to whether Licensee's December 4th letter was going to be made a part of the record, to which the Special Master indicated that the subject of that letter was not relevant to restart. Based on these facts, the Staff opposes TMIA's January 1st post-hearing motion to admit documents dated December 4th and 18th as untimely.
The Staff also opposes the admission of these documents into evidence on the ground that they are not relevant to the' cheating issues in the reopened proceeding. The 10-day letter concerns cold shutdown, not restart.
The 20-day letter, while concerning restart, is merely Licensee's current plans for satisfying its staffing commitment as contained in the Licensing Board's restart license condition 9 in the Auoust 27, 1981 PID at 1 583. As such, it bears not on cheating-related issues but rather on the adequacy of staffing, per se, for restart, which is the subject of the earlier proceeding on management issues.
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. Finally, the Staff agrees with the Licensee that the unnecessary and improper admission of this " snapshot" staffing plan into evidence would only serve as a precedent for additional unnecessary reopenings whenever Licensee's staffing plans are revised.
With respect to TMIA's motion that Licensee be directed to execute,
an affidavit, to be entered into evidence, concerning Licensee's plans for certification of certain individuals, the Staff believes that would be inappropriate for the same reasons asserted above regarding the 10-day and 20-day letters.
III. CONCLUSION For the above reasons, the Staff opposes TMIA's motion in its entirety.
Respectfully submitted,
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ack R. Goldberg Counsel for NRC Staff Dated at Bethesda, Maryland this 25th day of January,1982 4
O UtilTED STATES OF AMERICA NUCLEAR REGULATORY COMt1ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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MtiTROPOLITAll EDISON COMPANY, ET AL.
Docket No. 50-289
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(Restart)
(Three Mile Island, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANWER TO TMIA MOTION TO DIRECT EXECUTION OF AFFIDAVIT AND TO ENTER DOCUMENTS INTO EVIDENCE" in the above-captioned proceeding have oeen 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 Commission's internal mail system, this 25th day of January, 1982:
- Dr. John H. Buck Dr. Linda W. Little Atomic Safety & Licensing Appeal Administrative Judge Board Panel 5000 Hermitage Drive U.S. Nuclear Regulatory Commission Raleigh, North Carolina 27612 Washington, DC 20555 George F. Trowbridge, Esq.
- Christine N. Kohl Shaw, Pittman, Potts & Trowbridge Atomic Safety & Licensing Appeal 1800 M Street N.W.
Board Panel Washington, DC 20006 U.S. Nuclear Regulatory Commission Washinoton, DC 20555 Robert Adler, Esq.
505 Executive House
- Ivan W. Smith P. O. Box 2357 Administrative Judge Harrisburg, Pennsylvania 17120 Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Honorable Mark Cohen Washington, DC 20555 512 D-3 Main Capital Building Harrisburg, PA 17120 Dr. Walter H. Jordan Administrative Judge Ms. Marjorie Aamodt 881 W. Outer Drive R.D. #5 Gak Ridge, Tennessee 37830 Coatesville, PA 19320 Gary L. Milhollin, Esq.
Mr. Thomas Gerusky 1815 Jefferson Street Bureau of Radiation Protection Madison, WI 53711 Dept. of Environmental Resources P. O. Box 20f3 Harrisburg, PA 17120
- Judge Reginald L. Gotchy Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Marvin I. Lewis 6504 Bradford Terroce
- Atomic Safety and Licensing Appeal Board Philadelphia, PA 19149 U.S. Nuclear Regulatory Commission Metropolitan Edison Company ATTN:
J. G. Herbein, Vice President
- Atomic Safety and Licensing Board Panel P. O. Box 542 U.S. Nuclear Regulatory Commission Reading, PA 19603 Washington, DC 20555 Ms. Jane Lee
- Secretary R.D. 3; Box 3521 U.S. Nuclear Regulatory Cornission Etters, PA 17319 ATTN:
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 Harrisburg, 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 Raymond Boulevard 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 Jffice Box 142 Fox, Farr and Cunningham Suite 513 2320 North 2nd Street Senate Gressette Building Harrisburg, PA 17110 Columbia, South Carolina 29202 Lcuise Bradford Robert Q. 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 Er.vironmental 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 Scientists Postponement 1725 I Street, N.W.
2610 Grendon Drive Suite 601 Wilmington, Delaware 19808 Washington, DC 20006 Gai! Phelps ANGRY 245 W. Philadelphia Street j
York, Pennsylvania 17401
- Judge Gary J. Edles, Chairman deck R. Goldberg Atomic Safety and Licensing
('ounsel for NRC Staff Appeal Board U.S. Nuclear Ragulatory Ccmmission Washington, DC 20555 I
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