ML20040C333
| ML20040C333 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/26/1982 |
| From: | Goldberg J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20040C331 | List: |
| References | |
| NUDOCS 8201270541 | |
| Download: ML20040C333 (6) | |
Text
Staff 1/26/82 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0t44ISSION BEFORE THE AT0flIC SAFETY AND LICENSING BOARD In the Matter of METROPOLITAN EDIS0N COMPANY, ET AL.)
Docket No. 50-289 i
(Restart)
(Three flile Island Nuclear Station,h Unit No. 1)
)
NRC STAFF'S ANSWER TO AAMODTS' MOTION FOR ADMISSIBILITY OF FINDINGS I.
INTRODUCTION According to the schedule to which all parties agreed (see Tr.26,549-52) and whic'i was approved by the Special flaster (Tr. 26,630),
the Licensee was to file its proposed findings of fact and conclusions of law on January 5,1982, the Intervenors, the Commonwealth, and the Staff were to file their proposed findings on January 15, 1982, and the Licensee and Staff could file replies to the parties' proposed findings on January 22, 1982. All parties complied with the established schedule except for the Aamodts. On January 11, 1982, the Aamodts requested and received from the Licensing Board an extension of time until noon on January 18, 1982, to file their proposed findings.
Based on that exten-sion of time to the Aamodts, the Licensing Board granted the Licensee and the Staff an extension of time until January 26, 1982, to reply to Aamodts' proposed findings. See Memorandum and Order, January 13, 1982.
At approximately 1:00 p.m. on January 18, 1982, the Aamodts called Judge Snith to notify the Licensing Board that they had not served their 8201270541 820126 PDR ADOCK 05000289 O
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proposed findings by noon of that day and requested additional time to do so. With the agreenent of the Licensee and the Staff, the Aamodts were granted another extension of time until 5 p.m. on January 18, 1982, to file their proposod findings. During that sane telephone conversa-tion with Judce Snita, the Aamodts also requested additional time beyond January 18th to file their proposed findings. Judge Smith denied that request.
The Aamodt Proposed Findings of Fact and Conclusions of Law on Issues Raised in Reopened TMI-1 Restart Proceeding which were filed on
.lanuary 18, 1982 conterns an inconplete table of contents, a page 21 containing only the notation "O & W - will service", no pages 39-74, but in their place a single page with the notation "will service", and no proposed conclusions of law. The Aamodts stated, however, that they
" reserve the right to make additions in as timely and expeditious fashion as possible." Aamodt Proposed Findings, second i 34, at 20 (emphasis added).
On January 20, 1982, the Aamodts filed a " Motion for Admissibility of Findings" in which they request that attached additional proposed findings of fact be " admitted." The Aamodts made no reference to the Licensing Board's January 18, 1982, denial of Aamodts' request for additional time beyond January 18th to file proposed findings. The Aamodts also served on that same day a nine page document entitled " Errata Aamodt Proposed Findings of Fact and Conclusions of Law on Issues Raised in Reopened TifI-l Restart Proceeding." That document consists of four pages of errata, a two page table of contents, and three pages of proposed con-clusions of law. Treating the pages attached to the Aamodts' fiotion for Admissibility of Findings as well as the nine page " Errata" document as
- thet which the Aamodts seek to have accepted as part of their proposed findings of fact and conclusions of law, the Staff opposes Aamodts' notion for the reasons set forth below.II I
II.
DISCUSSION The Aamodts have no "right" to serve additional proposed findings out of time as they believe they explicitly reserve in their Proposed Findings served on January 18, 1982 (see i 34).
Pursuant to 10 C.F.R.
QQ 2.718(e) and 2.754(a), the presiding officer has the authority to regulate the course of the proceeding and conduct of participants, incluoing the authority to ertablish schedules for the filing of proposed findings.
In accordance with such authority, the Special Master, based on suggestions and explicit agreement of the parties (including the Aamodts), established a proposed finding schedule to be followed by all parties. An individual party should not be permitted to deviate fron that schedule without the authorization of the presiding officer based on a showing of good cause. Good cause has not been demonstrated in this instance. floreover, the Licensing Board denied the Aamodts' request to file additional proposed findings when the Aamodts made such a request during their January 18, 1982 telephone call to Judge Smith.
-1/
The Licensee addressed Aam;dts' notion and the submission of their
" errata" in its letter dated January 22, 1982 from Ernest L. Blake, Jr., Counsel for Licensee, to Administrative Judge Gary L. Milhollin, in which the Licensee indicated that it will not file any further l
response to Aamodts' motion. See also Licensee's Reply to Findings Proposed by Other Parties in Reopened TMI-1 Restart Proceeding, January 22, 1982, 1 3, at 2-3.
4-The Staff therefore considers the Aamodts' Motion for Admissibility of Findings to be moot.
Finally, the Staff objects to the Aamodts' explicit attempt to include proposed " Conclusions of Law" as a part of their
" Errata." See Aamodts' " Errata", item 80, at 4, and the pages numbered 100-103 attached thereto. Such an action constitutes the late filing of proposed findings and conclusions, under the guise of being errata, without the presiding officer's authorization for such late filing, and it therefore should be denied.
III. CONCLUSION For the reasons stated above, the Staff opposes Aamodts' ifotion frr Admissibility of Findings.
In the event that the Aamodts' notion is granted, in whole or in part, or if any of the Aamodts' proposed conclusions of law are accepted as " errata," the Staff requests the opportunity to file a reply thereto.
Respectfully submitted, k
t?
ack... Goldberg Counsel for NRC Staff Dated at Bethesda, Pfaryland this 26th day of January,1982.
~
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMtilSSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of METROPOLITAN EDIS0N COMPANY, ET AL.)
Docket No. 50-289
)
(Restart)
(Three Mile Island, Unit 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S REPLY TO AAMODT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON ISSUES RAISED IN RE0PENED TMI-1 RESTART PROCEEDING" and "NRC STAFF'S ANSWER TO AAMODTS' MOTION FOR ADMISSIBILITY OF FINDINGS" 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 Commission's internal mail system, or, as indicated by double asterisks, by express aail, this 26th 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 Atcmic Safety & Licensing Appeal 1800 N Street, N.W.
Board Panel Washington, DC 20006 U.S. Nuclear Regulatory Commission Washington, DC 20555 Robert Adler, Esq.
505 Executive House
- Ivan W. Smith P. 0. Box 2357 Administrative Judge Harrisburg, Pennsylvania 17120 Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Comission Honorable Mark Cohen Washington, DC 20555 512 D-3 Main Capital Building Harrisburg, PA 17120 Dr. Walter H. Jardan Administrative Judge Ms. Marjorie Aamodt 881 W. Outer Drive R.D. #5 Oak 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 2063 Harrisburg, PA 17120
e
- Judge Rtginald L. Gotchy
' ~
Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commiisi n t
Washington, DC 20555 Mr. Marvin 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. 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 Commission 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.
Newark, New Jersey 07102 Box 3265 Harrisburg, PA 17120 Allen R. Carter, Chairman Joint Legislative Comittee 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, liaryland 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 Scientists Postponement 1725 I Street, N.W.
2610 Grendon Drive Suite 601 Wilmington, Delaware 19808 Washington, DC 20006 Gail Phelps ANGRY
]
245 W. Philadelphia Street York, Pennsylvania 17401
- Judge Gary J. Edles, Chairman Jack R. Goldberg
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Atomic Safety and Licensing t'ounsel for NRC Staff p
Appeal Board U.S. Nuclear Regulatory Commission Washington, DC 20555 I
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