ML20049J444

Motion for Extension of Time Until 820405 to File Exceptions to ASLB 811214 Partial Initial Decision & for Waiver of Page Limit.Certificate of Svc Encl

ML20049J444
Person / Time
Site:	Three Mile Island
Issue date:	03/16/1982
From:	Weiss E HARMON & WEISS, UNION OF CONCERNED SCIENTISTS
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8203180208
Download: ML20049J444 (6)

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lfo UNITED STATES OF AMERICA 'gg NUCLEAR REGULATORY COMMISSION ' 716 pp;gg BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOIRD '

i In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Rest to 4 D (Three Mile Island Nuclear )

Station, Unit No. 1) )

& 1'

_ REC &Mh) f MAR 181982> 3 UCSMOTIONFOREXTENSIONOFTIMEFORFILINGBREh S I ON EXCEPTIONS AND FOR WAIVER OF PAGE LIMITATIOWs 2 J

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On Saturday, March 13, 1982, the Union of of Concerned Scientists hand-delivered to the Appeal Board copies of the " Union of Concerned Scientists' Brief on Exceptions to the Partial Initial Decision of December 14, 1981" and

" Motion for Extension of Time to Complete Briefing Exceptions." UCS had communicated with both the NRC Staff counsel and counsel for the Licensee on Friday, March 12 and offered to deliver copies to both on Saturday. Both responded that delivery on Monday, March 15, would be as good.1#

The Chairman of the Appeal Board lodged the brief but did not file it, consistent with the procedure described in an Appeal Board Order dated March 5, 1982 in Sothern California Edison Co., et.al. (San Onofre Nuclear Generating l

Station, Units 2 and 3), Docket Nos. 50-361 OL, 50-362 OL. That Order cites 10 CFR Part2, Appendix A as follow:

D503 1 $50IS88A*o!$88& /J PDR 1/ - The staff counsel's copy and all other copies for NRC personnel were delivered to the Appeal Board Chairman on Saturday, March 13. for delivery via NRC's internal mail system. Licensee's copy was hand l

delivered to its counsel's office prior to 9:00 AM Monday, March 15.

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(3) There must be strict compliance with the time limits prescribed for the filing of exceptions or briefs by the rules of practice or by an order of the Appeal Board which extends or shortens those limits in a' particular case, Absent a showing of extraordinary and '

unanticipated circumstances, motions for [ extensions] of time must be received by the Appeal Board at least 1 day prior to the date upon which the docment in question is then due for filing. In no ciremstances will a dooment be accepted by the Appeal Board on an untimely basis unless it is accompanied by a motion for leave to file it out of time, which similarly must be founded upon extraordinatry and unanticipated circumstances. Exceptions and briefs which in form or content are not in substantial compliance with the requirements imposed by the rules of practice are subject to being stricken."

The order calls for a motion addressing " extraordinary and unanticipated circumstances why an extension of time was not sought by [the day preceding the due date of the brief], and why the brief should be accepted on an untimely basis."

At the time the brief and motion were delivered, Counsel for UCS believed that a document could be timely under NRC rules if hand delivered within 5 days after the running of the prescribed time period, and therefore , that these papers would be timely. Counsel has since re-read 10 CFR 2.710. The rule

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covers only time periods becinning with a notice or paper served by mail, which presmably does not cover this situation. Counsel for UCS did not recall this distinction.

As explained in our motion - for extension of time to complete briefing exceptions. UCS counsel has only been back from maternity leave since March 3, 1982. Before that time, she was able to work from home for short periods of time only. The demands on Counsel's time for this proceeding and other NRC cases have been extraordinary in the past two months and have come at a time when the requirements for caring for an infant have made it impossible to spend extended hours in the office.

Counsel expected to be able to complete this brief withia the prescribed time, although it was extremely short. That expectation was, in retror.pect,

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I unrealistic. It has taken 64 pages to brier 55 exceptions, which indicates the )

I magnitude of the task. We have never before been involved in a proceeding with j so many complex technical issues, nor in a proceeding in which we were before three NRC tribunals (Licensing Bo a r d , Appeal Bo a r d , and Commission) simultaneously. The portion of the decision on design-related contentions alone is 327 pages in length. UCS's proposed findings are over 250 pages. The points of difference between UCS and the Board have frequently required elucidation in some depth since they are often not well outlined in the decision. Indeed, many exceptions go to the fact that pertinent UCS evidence has not been mentioned at all in the decision.

The safety issues arising out of the TMI-2 accident present in our view the most significant technical issues to be tried in the adjudicatory context in a great many years, if not ever. UCS has presented direct evidence -- a rarity on issues of design -- conducted extensive cross-examination and prepared lengthy and detailed findings. Indeed, the fact that there is a record in this case on design issues is overwhelmingly due to UCS's efforts. Counsel's error in mis-recollecting the previsions of 10 CFR 2.710 and in underestimating the effort required to brief these exceptions should not be permitted to bring that effort to naught.

Finally, no other party will be harmed by extending the time for briefing.

THI-1 is not and will not be for many months ready to operate and the Appeal Board is likely to have its time occupied until April 5 in considering the 55 exceptions which have already been briefed.

For the above reasons, UCS requests:

1. that the " Union of Concerned Scientists Brief on Exceptions to the Partial Initial Decision of December 14, 1981" be accepted for filing.

2. that UCS be granted until April 5. 1982 to complete briefing its exceptions, including the table of contents and table of cases required by the rules.

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3 that the 70-page limit on briefs in - support of exceptions be waived and that UCS be permitted 125 pages.

Respectfully submitted Ellyn R. Weiss Harmon & Weiss 1725 I Street, N.W.,

Suite 506 Washington, D.C. 20006 Counsel for Union of Concerned Scientists DATED: March 16, 1982 i

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UNITED STATES OF A!!ERIC A

!!UCLE A R REGULATORY COMMISSION

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In the tatter of )

)

METROPOLITAN EDIS0!! COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) ,)

CERTIFICATE OF SERVICE I hereby certify that copies o f "UCS !!0 TION FOR EXTENSION OF TIME FOR FILING BRIEF ON EXCEPTIONNS A!!D FOR WAIVER OF PAGE L I?iIT AT IO N" have been served on the following persons by deposit in the United -

States mail, first class postage prepaid, this 16th day of March 1982.

• Hunzio Palladino, Chairman Dr. Wal'ter H. Jordan U. S. Nuclear Regulatory Atonic Safety . and Licensing Commission Board Panel Washington, D.C. 20555 831 West out'er Drive Oak Ridge, Tennessee.37830

• Victor Gilinsky, Commissioner U. S. Nuclear Regulatory Dr. Linda W. Little Commission Atomic Safety and Licensing

' Board Panel Washington, D.C. 20555 5000 !!e rmi t a g e Drive ,

" Peter Br ad ford , Commissicner Raleigh, fle r t h Carolina 27612 U. S. Nuclear Regulatory Commission Professor Gary L. Milhollin Washington D.C. 20555 1815 Jefferson Street Madison, Wisconsin 53711

• John Ahearne, Commissioner U. S. Nuclear Regulatory. Judge Gary J. Edles, Commission Chairman Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board

• Thomas Roberts, Commissioner .

U. S. Nuclear Regulatory U. S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555

Judge John H. Buck

• Ivan We Smith, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel Board Panel U. S. Nuclear Regulatory U. S. Nuclear Regulatory Commission Commission Washington D.C. 20555 Washington, D.C. 20555-

Judge Christine N. Kohl Atcmic Sa fe ty and Licensing

- Appeal Board Panel U. S. Nuclear Regulatory

Commission l

Washington, D.C. 20555

+ .

Judge Reginald L..Gotchy Mr. Marvin I. Lewis Atomic Safety.and Licensing 6504 Br ad ford Terrace Appeal Board Panel Philadelphia, PA 19149 U. S. Nuclear Regulatory Commission Ms. Gail B. Phelps Washington D.C. 20555 245 West Philadelphia Street York, Pennsylvania 17404 Mrs. Marjorie Aamodt R.D. #5 Mr. Robert Q. Pollard Coatsville, Pennsylvania 19320 609 Montpelier Street Baltimore, Maryland 21218 Robert Adler, Esq.

Assistant Attorney General Mr. Steven C. Shelly 505 Executive House Union of Concerned Scientists P.O. Box 2357 1346 Connecticut Ave., NW Harrisburg, Pennsylvania 17120 Washington, DC 20036 Louise Br ad fo r d

• Counsel fo r NRC Staff

, Three Mile Island Alert Office of Executive Legal 325 Perfer Street Director Harrisburg, Pennsylvania 17102 U. S. Muclear Regulatory Commission Walter W. Cohen. Esq. Washington, D.C. 20555 Office of Consumer Advocate 1425 Strawberry Square *** George F. Trowbridge, Esq.

Ilarrisburg, Pennsylvania 17127 'Shaw, Pittman, Potts i Trowbridge Jordan D. Cunninghan, Esq. 1800 M Street, M.9.

Fox, Farr & Cunninghan Washington, D.C. 20036 6

2320 North Second Street Harrisburg, Pennsylvania 17110

• Docketing and Service Section Of fice o f the Secretary Thomas J. Germaine, Esq. U. S. Nuclear Regulatory Deputy Attorney General Commission Division of Law - Room 316 Washington, D.C. 20555 1100 Raymond Boulevard Newark, New Jersey 07102 Dr. Judith H. Johnsrud Dr. Chauncey Kepford e Environmental Coalition on Nuclear Power 433 orlando Avenue ' fland delivered to 1717 H St.,

State College, PA 16801 NW, Washington, D.C.

5' Hand delivered to 4350 East-

William S. Jcrdan, III Harmon & Weiss Vest Highway, Bethesda, MD 1725 Eye St., N.V., Suite 506 Washington, D.C. 20006 *** Iland delivered to indicated address.

John A. Levin. Esq.

Assistant Counsel c Pennsylvania Public Utility

[ Commission P.O. Box 3265 Harrisburg, Pennsylvania 17120 L c