ML20053D295
| ML20053D295 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/28/1982 |
| From: | Goldberg J, Wagner M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 8206040274 | |
| Download: ML20053D295 (6) | |
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Staff 5/28/82 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 (Three Mile Island, Unit 1)
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NRC STAFF'S REPLY TO THE PARTIES' COMMENTS ON THE REPORT OF THE SPECIAL MASTER I.
INTRODUCTION The Licensing Board granted the parties to the reopened restart proceeding on cheating, as well as any individual mentioned in the Special Master's Report, the opportunity to file written coments on the Report of the Special Master. Such coments were to be in the hands of the Licensing Board and the parties by noon, May 24, 1982. The Staff has received timely coments from the Licensee, THIA, and individuals Gary Miller, 0, W, and MM. The Staff also received timely coments from UCS,1/ a party to the 1/
Although UCS was not an active participant in the reopened proceeding on cheating, it appears that the Licensing Board contem-plated the permissive filing of coments by parties to the restart proceeding who were not active participants in the reopened proceed-ini, on cheating.
In the Licensing Board's March 24, 1982 Memorandum i
and brder which established an earlier schedule for the submission of coments and reply coments, the Licensing Board stated that it I
would " consider coments and reply coments by the parties on the report." Memorandum and Order at 1.
The Board then discussed special service of the Special Master's Rg ort "to the parties who partici-pated in the reopened proceeding. p" Id.
In the Board's footnote to that statement, however, the Board stated: "Any other party who wishes to receive special service should inform the Board Chairman or Judge Milhollin."
Id. The only apparent purpose for providing for special service on requesting parties who did not actively partic1-pate in the reopened proceeding on cheating was to give such a party the ability to timely file coments on the Special Master's Report.
DESIcnTED ORIGIRO
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THI-1 restart proceeding but not a party to the the reopened proceeding on cheating. Finally, the Staff received untimely coments from the Aamodts.E The parties to the reopened proceeding and the individuals filing coments also were given the right to file reply coments. Such reply coments are required to be in the hands of the Licensing Board by June 1, 1982. The Staff hereby provides its reply coments.
II. DISCUSSION The 3t,ff has addressed all the issues in this reopened proceeding in itr proposed findings of fact and conclusions of law, its reply findings, and its Coments on the Report of the Special Master dated May 21, 1982. The Staff has carefully reviewed the coments submitted by the parties and the individuals and has concluded that the Staff's position, as reflected in its submissions referenced above, remains unchanged and requires no further elaboration.
III. CONCLUSION l
For the reasons stated in NRC Staff's Coments on the Report of the Special Master, the Staff respectfully requests the Licensing Beard to reject the Special Master's findings, conclusions and recamendations in accordance with those coments. Furthermore, the Staff requests the l
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The Aamodt Coments were not received until the afternoon of May 24, 1982. The Staff will not object to the receipt of the Aamodts' untimely coments.
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Licensing Board to resolve the issues in this reopened proceeding in accordance with the NRC Staff's Proposed Findings of Fact and Conclusions of Law On Issues Raised in the Reopened Restart Proceeding dated January 15, 1982.
Respectfully su mitted, ek R. Goldberg ounsel for NRC Sta
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/ kbh Mary Wagner /;
Couns for NRC Raff Dated at Bethesda, Maryland this 28th day of May, 1982.
t 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 (Three Mile Island, Unit 1)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S REPLY TO THE PARTIES' COMMENTS ON THE REPORT OF THE SPECIAL MASTER" 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 nail system, this 28tn day of May, 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, NW Board Panel Washington, DC 20036 U.S. Nuclear Regulatory Commission Washintton, DC 20555 Robert Adler, Esq.
505 Executive House l
- Ivan W. Smith P. O. Box 2357 Administrative Judge Harrisburg, PA 17120 l
Atomic Safety & Licensing Board Panel l
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 t
881 W. Outer Drive R.D. #5 l
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 l
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\\ fir. Marvin I. Lewis William S. Jordan, III, Esq.
6504 Bradford Terrace Harmon & Weiss Philadelphia, PA 19149 1725 I Street, NW Suite 506 Mr. C. W. Smyth, Supervisor Washington, DC 20006 Licensing TMI-1 Three Mile Island Nuclear Station John Levin Esq.
P. O. Box 480 Pennsylvania Public Utilities Comm.
Middletown, PA 17057 Box 3265 Harrisburg, PA 17120 -
Ms. Jane Lee R.D. 3; Box 3521 Jo..ian D. Cunningham, Esq.
Etters, PA 17319 Fox, Farr and Cunningham 2320 North 2nd Street Walter W. Cohen, Consumer Advocate Harrisburg, PA 17110 Department of Justice Strawberry Square,14th Floor Louise Bradford Harrisburg, PA 17127 Three Mile Island Alert 1011 Green Street Thomas J. Germine Harrisburg, PA 17102 Deputy Attorney General Division of Law - Room 316 Ms. Ellyn R. Weiss 1100 Raymond Boulevard Harmon & Weiss Newark, New Jersey 17102 1725 I Street, NW Suite 506 Allen R. Carter, Chairman Washington, DC 20006 Joint Legislative Committee on Energy Post Office Box 142 Mr. Steven C. Sholly Suite 513 Union of Concerned Scientists Senate Gressette Building 1346 Connecticut Avenue, NW Columbia, South Carolina 29202 Dupont Circle Building, Suite 1101 Washington, DC 20036 Robert Q. Pollard 609 Montpelier Street
- Judge Gary J. Edles l
Baltimore, Maryland 21218 Atomic Safety & Licensing l
Appeal Board Chauncey Kepford U.S. Nuclear Regulatory Commission Judith Johnsrud Washington, DC 20555 Environmental Coalition on Nuclear Power I
433 Orlando Avenue
- Judge Reginald L. Gotchy State College, PA 16801 Atomic Safety & Licensing Appeal Board Ms. Frieda Berryhill, Chairman U.S. Nuclear Regulatory Commission Coalition for Nuclear Power Plant Washington, DC 20555 Postponement 2610 Grendon Drive
- Atomic Safety & Licensing Wilmington, Delaware 19808 Appeal Board U.S. Nuclear Regulatory Commission Gail Phelps Washington, DC 20555 l
ANGRY 245 W. Philadelphia Street
- Atomic Safety & Licensing Board York, Pennsylvania 17401 U.S. Nuclear Regulatory Commission Washington, DC 20555
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- Secreta ry U.S. Nuclear Regulatory Commission ATTN: Chief, Docketing & Service Branch Washington, DC 20555 Mr. Henry D. Hukill Vice President GPU Nuclear Corporation Post Office Box 480 Middletown, PA 17057 Michael McBride, Esq.
LeBoeuf, Lamb, Leiby & McRae Suite 1100 1333 New Hampshire Avenue, NW Washington, DC 20036 David E. Cole, Esq.
Smith & Smith, P.L.
Riverside Law Center 2931 N. Front Street Harrisburg, PA 17110 John Clewett, Esq.
The Christic Institute 1326 North Capitol Street Washington, DC 20002 (t((
hdh MaryEdWagner d Counsel for NRC Staff