ML20040D012
| ML20040D012 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/26/1982 |
| From: | Rawson R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8201290478 | |
| Download: ML20040D012 (6) | |
Text
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UNITED STATES OF' AMERICA NUCLEAR REGULATORY COMMISSION 9
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BEFORE THE COPEISSION O
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METROPOLITANEDISONCOMPANY,ETAL.)
Docket No. 50-5
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(Restart) 9 (Three Mile Island Nuclear Station.)
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f Unit No. 1) 4 to NRC STAFF ANSWER IN OPPOSITION TO UCS MOTION FOR RECONSIDERATION 1
i Richard J. Rawson Counsel for NRC Staff January 26, 1982 n-.n, q ya 02Gl'SI' -
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PDR ADOCK 05000289 O
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Staff 1/26/82 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of METROPOLITAN EDIS0N COMPANY, ET AL.)
Docket No. 50-289
)
(Restart)
(Three Mile Island Nuclear Station )
Unit No. 1)
NRC STAFF ANSWER IN OPPOSITION TO UCS MOTION FOR RECONSIDERATION I.
INTRODUCTION On January 21, 1982, Intervenor Union of Concerned Scientists
("UCS") moved the Commission to reconsider its January 11 Order which granted in part and denied in part the December 29, 1981 motion of UCS for an extension of time within which to file comments on whether the December 14 Partial Initial Decision in this proceeding should be made imnediately effective. By its January 11, 1982 Order, the Commission directed that immediate effectiveness comments be filed by January 28.
UCS renews its request that the deadline be extended to February 15.
The Staff opposes the UCS motion.
II. DISCUSSION In addition to the reasons given in its December 29, 1981 motion, UCS offers two arguments in support of its motion for reconsideration.
First, UCS points to the February 1,1982 deadline set by the Commission for comments on the water level indicator matter discussed at the Commission's January 8,1982 meeting as an additional burden on UCS which warrants an extension of time fo-filing immediate effectiveness comments. Second, UCS suggests that the recent decision of the Court of Appeals in PANE v. NRC, No. 81-1131 (D.C. Cir., Jan. 7,1982) eliminates any need for retaining the present briefing schedule.
The reasons previously given by UCS in support of its motion for an extension were addressed by the Staff in its January 7,1982 answer in opposition to the UCS motion and will not be discussed further here. The Com.ntssior granted a fifteen day extension based on those reasons and UCS offers no basis for the Onrriission to reconsider its determination of this aspect of the UCS motion now.
As to the water level indicator matter, the Staff pointed out in its January 7,1982 response that UCS had abandoned its contention on the water level indicator issue during the Till-1 restart proceeding before the Licensing Board.E ow, as then, the attempt by a party to step in and N
out of participation in a particular issue should not be permitted to delay any aspect of this proceeding. The fact that UCS has now voluntarily undertaken to address the water level indicator matter before the Commission is not a valid reason for disrupting the schedule in the TMI-1 restart proceeding.
The decision in PANE v. NRC, supra, contrary to the assertions of UCS, does not eliminate the need for the present briefing schedule in this proceeding. While the court decision may mean that there are 1/
NRC Staff Answer In Opposition to UCS Motion..., dated January 7, 1982, at 5-6.
_ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ - _ _ _ _ _ - - _ - _ _ _ _- _ - _. _ - - - - - - - - - - - - - - - -. additional Commission actions which must be taken tefore the authorization of restart, it does not change the fact that there are already a number of Comission actions required for a determination on restart, one of which is a decision on immediate effectiveness. The Comission should receive the comments of the parties on the immediate effectivenss issue without delay in order to allow an expeditious disposition of those restart natters which can be dealt with now. The pendency of the PANE v. NRC decision provides no basis for the Comission to delay or defer other actions it must take or otherwise alter its schedule for considering such other matters.
III. CONCLUSION For the reasons discussed above, the UCS motion for reconsideration of the Comission's January 11, 1982 Order granting in part and denying in part various intervenor reque.ets for extension of time should be denied.
Respectfully submitted,
[
(
h-Richard J. Rawson Counsel for NRC Staff Dated at Bethesda, Maryland this 26th day of January, 1982.
UMITED STATES OF AMERICA NUCLEAR REGULATORY CCINISSION BEFORE THE COPNISSION In the Matter of METROPOLITAN EDISON COMPANY, Docket No'. 50-289 ET AL.
(Three Mile Island, Unit 1)
_ CERTIFICATE OF SERVICE
~
I hereby certify that copies of "NRC STAFF ANSWER IN OPPOSITION TO UCS MOTION FOR RECONSIDERATION" 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, this 26th day of January, 1982:
- Samuel J. Chilk (12)
Robert Adler. Esq.
Secretary of the Comission 505 Executive House U.S. Nuclear Regulatory Comission P. O. Box 2357 Washington, D.C.
20555 Harrisburg, Pennsylvania 17120
- Leonard Bickwit, General Counsel Honorable Mark Cohen U.S. Nuclear Regulatory Comission 512 D-3 Main Capital Building Washington, D.C.
20555 Harrisburg, Pennsylvania 17120
- Ivan W. Smith Ms. Marjorie M. Aamodt Administrative Judge R.D. #5 Atomic Safety & Licensing Board Coatesville, PA 19320 U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Thomas Gerusky Bureau of Radiation Protection Dr. Walter H. Jordan Dept. of Environmental Resources Administrative Judge P.O. Box 2063 i.
881 W. Outer Drive Harrisburg, Pennsylvania 17120 l
Oak Ridge Tennessee 37830 Mr. Marvin I. Lewis Dr. Linda W. Little 6504 Bradford Terrace Administrative Judge Philadelphia, Pennsylvania 19149 L.W. Little Associate 1312 Annapolis Drive, Suite 214 Metropolitan Edison Company Raleigh, N.C.
27608 ATTN:
J.G. Herbein, Vice President P.O. Box 542 George F. Trowbridge, Esq.
Reading, Pennsylvania 19603 Shaw, Pittman, Potts & Trowbriege 1800 M Street, N.W.
Judge Gary J. Edles, Chairman Washington, D. C.
20006 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, DC 20555 Ms. Jane Lee
- Secretary R.D. 3; Box 3521 U.S. Nuclear Regulatory Comission Etters, Pennsylvania 17319 ATTN: Chief, Docketing & Service Br.
Washington, D.C.
20555 Walter W. Cohen, Consumer Advocate Department of Justice William S. Jordan, III, Esq.
Strawberry Square, 14th Floor Hannon & Weiss Harrisburg, Pennsylvania 17127 1725 I Street, N.W.
Suite 506 Thomas J. Germine Washington, D.C.
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, Pennsylvania 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, Pennsylvania 17110 Columbia, South Carolina 29202 Louise Bradford Robert Q. Pollard Three Mile Island Alert 1011 Green Street 609 Montpelier Street Harrisburg, PA 17102 Baltimore, Maryland 21218 Ms. Ellyn R. Weiss Chauncey Kepford Hannon & Weiss Judith H. Johnsrud 1725 I Street, N.W.
Environmental Coalition on Nuclear Power Suite 506 433 Orlando Avenue Washington, D.C.
20006 State College, Pennsylvania 16801 Mr. Steven C. Sholly Ms. Frieda Berryhill, Chairman Union of Concerned Scientists Coalition for Nuclear Power Plant 1725 I Street, N.W.
Postponement Suite 601 2610 Grendon Drive Washington, D.C.
20006 Wilmington, Delaware 19808 Gail P. Phelps Judge John H. Buck 1
ANGRY Atomic Safety and Licensing 245 W. Philadelphia Street Appeal Board Panel York, Pennsylvania 17401 U.S. Nuclear Regulatory Commission Washington, DC 20555
- Atomic Safety and Licensing Appeal Board Judge Christine N. Kohl U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Washington, D.C.
20555 Appeal Board Panel
- Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, D.C.
20555
- Judge Reginald L. Gotchy Atomic Safety and Licensing Appeal Board g[_ _
U.S. Nuclear Regulatory Commission
' Richard J/Rawson' Washington, DC 20555 Counsel for NRC Staff
.