ML20040D412
| ML20040D412 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/28/1982 |
| From: | Rawson R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8202010267 | |
| Download: ML20040D412 (5) | |
Text
UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION BEFORE THE AT0tiIC SAFETY AND LICENSING APPEAL BOARD 8-In the Matter of METROPOLITAN EDIS0N COMPANY, ET AL. )
Docket No. 50-289
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(Restart)
(Three Mile Island Nuclear Station, )
Unit No. 1)
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NRC STAFF ANSWER TO UCS SUPPLEMENT TO AND REQUEST FOR RECONSIDERATION OF MOTIONS FOR EXTENSION OF TIME ct 19 g
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Richard J. Rawson Counsel for NRC Staff January 28, 1982 1
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Certifiad 37 f
82O2010267 820128 PDR ADOCK 05000289 C
UNITED STATES OF AMERICA NUCLEAR REGULATORY COM"ISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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t METROPOLITAN EDISON COMPANY, ET AL. )
Docket No. 50-289
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(Restart)
(Three Mile Island Nuclear Station, )
Unit No. 1)
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NRC STAFF ANSWER IN OPPOSITION TO UCS SUPPLEMENT TO AND REQUEST FOR RECONSIDERATION OF MOTIONS FOR EXTENSION OF TIME Intervenor Union of Concerned Scientists ("UCS") on January 26, 1982 requested that the Appeal Board reconsider its January 22 denial of UCS's January 21 motion for a further extension of time within which to file exceptions to the December 14, 1981 Partial Initial Decision in this proceeding.
Exceptions were originally due on December 31 but this date was extended by the Appeal Board to February 1,1982 in response to requests by UCS and ethers. The Staff did not oppose those prior requests.
UCS sought a further extension of this date to February 16 or to March 1 in the event the Commission grants a further extension of the due date for filing comments with respect to the immediate effectiveness of the initial decision.1/ The Appeal Board denied this request on the ground that the one month extension already granted provided the parties ample time to prepare exceptions while addressing matters before g
the Commission.
The Appeal Board expressed its interest in addressing 1/
Counsel for the NRC Staff was informed by telephone yesterday that the UCS motion for an extension of time for filing immediate effectiveness comments has been denied by the Commission. Thus, UCS's present request is for an extension to February 16.
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the issues on appeal as promptly as possible consistent with granting-the parties a reasonable opportunity to prepare their cues.
UCS argues in support of its motion for reconsideration that the present schedule places extremely heavy demands on UCS and that the requested extension will have no effect on the eventual restart date of the facility.
The Staff opposes UCS's request for reconsideration. As noted by the Appeal Board, the forty days already provided for the preparation of exceptions is ample time to accomplish this task while addressing matters before the Commission as well.
The only "new" reason given by UCS for the Appeal Board to reconsider its decision is that the requested extension will not delay eventual restart because of the need to perform an impact assessment of psychological stress and the need to correct steam generator problems before restart. These facts were known to UCS, however, at the time the Appeal BoarddeniedUCS'sJanuary21moticn.U They do not represent new arguments and, in any event, do not undermine the basis for the Appeal Board's denial of UCS's January 21 motion.
In short, UCS has presented no new information or argument that would warrant a reconsideration of its motion for a further extension of time to file exceptions. The UCS motion should be denied.
Respectfully submitted, fu Richard J. Rawson Counsel for NRC Staff Dated at Bethesda, Maryland this 28th day of January,1982, 2/
The psychological stress judgment (rendered prior to the yet-to-be-released opinion), PANE v. NRC, No. 81-1131, was issued by the Court of Appeals on January 7, 1982.
The steam generator matter was cited by UCS in a December 29, 1981 pleading to the Commission requesting an extension.
UNITED STATES OF A"iRICA NUCLEAR REGULATORY CO:'. MISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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METROPOLITAN EDISON COMPANY, ET AL.
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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 ANSWER IN OPPOSITION TO UCS
-SUPPLEMENT TO AND REQUEST FOR RECONSIDERATION OF MOTIONS FOR EXTENSION OF TIME" 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 hand delivery, this 28th day of January, 1982:
i Dr. Linda U. Little
- Gary J. Edles, Chairman Administrative Judge-Atomic Safety & Licensing Appeal L.W. Little Associate Board Panel 1312 Annapolis Dr., Suite 214 U.S. Nuclear Regulatory Commission Raleigh, N.C.
27608 Washington, D. C.
20555 George F. Trowbridge, Esq.
- Christine N. Kohl Shaw, Pittman, Potts and Atomic Safety & Licensing Appeal Trowbridge Board Panel 1800 M Street, N.W.
U.S. Nuclear Regulatory Commission Washington, D. C.
20006 Washington, D.C.
20555 Robert Adler, Esq.
- Dr. John H. Buck 505 Executive House Atomic Safety & Licensing Appeal P. O. Box 2357 Board Panel Harrisburg, Pennsylvania 17120 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Honorable Mark Cohen 512 D-3 Main Capital Bldg.
- Ivan W. Smith Harrisburg, Pennsylvania 17120 Administrative Judge Atomic Safety & Licensing Board Panel Ms. Marjorie Aamodt U.S. Nuclear Regulatory Commission R.D. #5 Uashington, D. C.
20555 Coatesville, Pennsylvania 19320 Dr. Walter H. Jordan Mr. Thomas Gerusky Bu' eau of Radiation' Protection Administrative Judge r
881 W. Outer Drive Dept. of Environmental Resources i
Oak Ridge, Tennessee 37830 P. O. Box 2063 Harrisburg, Pennsylvania 17120 Gary L. Milhollin, Esq.
1815 Jefferson Street Madison, Wisconsin 53711
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Mr. Harvin I. Lewis
.i 6504 Bradford Terrace
- Atomic Safety and Licensing Appeal Board Philadelphia, PA 19149 U.S. Nuclear Regulatory Commission Washington, DC 20555 Metropolitan Edison Company ATTH:
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 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.Eloor.
Harmon & Weiss Harrisburg, PA 17127 1725 I Street, N.W.
l 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 Legit.lative 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 Q. Pollard Three Mile Island Alert 609 Hontpelier 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 Scientists Postponement 1725 I Street, N.W.
2610 Grendon Drive Suite 601
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Wilmington, Delaware. 19808 Washington, DC 20006 Gail Phelps ANGRY 245 W. Philadelphia Street York, Pennsylvania 17401 b
- Judge Reginald L. Gotchy
' ' Richard J/ Rawson' Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Counsel for NRC Staff Washington, DC 20555 n