ML20064N925
| ML20064N925 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/08/1982 |
| From: | Blake E METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ISSUANCES-SP, NUDOCS 8209130035 | |
| Download: ML20064N925 (6) | |
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LIC September 8, 1965 2 se -9 N1 5 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION CFFICE 0F SECPEIAr '
000KElit1G & SERWC 2 rat;CH Before the Atomic Safety and Licensing Appeal Board In the Matter of
)
)
Docket No. 50-289 SP METROPOLITAN EDISON COMPANY (Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
LICENSEE'S ANSWER TO TMIA MOTION TO SUSPEND BRIEFING ON TMIA'S EXCEPTIONS By Motion dated September 1, 1982, TMIA requests the Appeal Board to suspend the briefing schedule on a portion of TMIA's exceptions to the Licensing Board's August 27, 1982 Partial Initial Decision.
As grounds, TMIA points to a recent Board i
Notification that reports the NRC Staff plans to inspect safety-related maintenance practices at TMI-1.
TMIA argues that brief-ing of exceptions on maintenance practices at TMI-l should await i
the outcome of this Staff inspection (which TMIA mischaracter-izes as an " investigation").
Licensee opposes TMIA's Motion.
First, the NRC I&E inspection of TMI-l's safety-related maintenance practices referenced in the Board Notification of August 13, 1982, has already been conducted.
Inspection Report 82-10 dated September 1, 1982, states that the problems identi-fied in the TMI-2 maintenance control program were not generic i
8209130035 820908 h 3h PDR ADOCK 05000289 G
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. to TMI-1.
In fact, this inspection of TMI-l's safety-related maintenance program resulted in no Unresolved Items.
Thus there appears to be no support for TMIA's vision that the inspection would prove the maintenance practices at TMI-l are inadequate to insure safety, would controvert earlier Board findings and could change the Staff position on the adequacy of current maintenance practices, thus substantially weakening support for the Board's decision.
TMIA Motion at 2.
Under these circumstances, there is absolutely no good cause for the Appeal Board to defer the briefing of TMIA's meintenance-related exceptions.
Even if the inspection were not complete, no sufficient cause would exist to defer briefing the maintenance execptions.
The NRC is involved in a continuum of ongoing activities related to TMI-1.
These include many inspections of Licensee's activities at the plant site.
That such an inspection is in the offing or underway is not grounds to stop the appellate process, even on a related issue.
In the event NRC's ongoing surveillance or inspections of Licensee disclose a change in circumstances involving a sufficiently serious problem related to issues in the proceeding that the Appeal Board and parties should be informed, the NRC Staff (cn: Licensee) is obligated to bring this to light.
Only at that time and with specifics to discuss can the parties take meaningful positions and the Appeal Board realistically decide what steps in the appellate process might be necessary to accommodate the development.
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.e 3-But to ask that the appellate process be deferred at the outset of an NRC inspection and pending its outcome provides a useless distraction to the business at hand.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.
J Washington, D.C.
20036 (202) 822-1000
- /k-By:
Ernest L.
Blake, Jr.
Counsel for Licensee i
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LIC September 8, 1982 a
s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 4
Before the Atomic Safety and Licensing Apneal Board In the Matter of
)
)
Docket No. 50-289 SP METROPOLITAN EDISON COMPANY
)
)
(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing LICENSEE'S ANSWER TO TMIA MOTION FOR EXTENSION OF l
TIME ON FILING BRIEF ON EXCEPTIONS AND FOR WAIVER OF PAGE LIMITATION and LICENSEE'S ANSWER TO TMIA MOTION TO SUSPEND BRIEFING ON TMIA'S EXCEPTIONS were served this 8th day of September, 1982, by hand delivery to those persons on the attached Service List designated by an asterisk (*) preceding their names, and by deposit in the United States mail, post-age prepaid, addressed to all other persons on the attached Service List.
/ k hN th Ernest L.
Blake, Jr.
d f
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In the Matter of
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METROPOLITAN EDISON COMPANY
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Docket No. 50-289 SP
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(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
SERVICE LIST Administrative Judge Administrative Judge Gary J.
Edles, Chairman Ivan W.
Smith, Chairman Atomic Safety & Licensing Atomic Safety & Licensing Board Appeal Board U.S. Nuclear Regulatory U.S.
Nuclear Regulatory Ccmmission Commission Washington, D.C.
20555 Washington, D.C.
20555 Administrative Judge Administrative Judge Walter H. Jordan John H.
Buck Atomic Safety & Licensing Board Atomic Safety & Licensing 881 West Outer Drive Appeal Board Oak Ridge, TN 37830 U.S.
Nuclear Regulatory Commission Administrative Judge Washington, D.C.
20555 Linda W. Little Atomic Safety & Licensing board Administrative Judge 5000 Hermitage Drive Christine N. Kohl Raleigh, NC 27612 Atomic Safety & Licensing Appeal Board Atomic Safety & Licensing U.S. Nuclear Regulatory Board Panel l
Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Jack R.
Goldberg, Esquire (4)
Office of the Executive Atomic Safety & Licensing Legal Director Appeal Board Panel U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Docketing & Service Section (3)
Robert Adler, Esquire 1
Office of the Secretary Karin W.
Carter, Esquire l
U.S.
Nuclear Regulatory Assistant Attorneys General l
Commission 505 Executive House Washington, D.C.
20555 Post Office Box 2357 Harrisburg, PA 17120
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- - John A.
Levin, Esquire Ms. Gail Phelps Assistant Counsel ANGRY /TMI PIRC Pennsylvania Public Utility 1037 Maclay Street Commission Harrisburg, PA 17103 Post Office Box 3265 Harrisburg, PA 17120 Jordan D. Cunningham, Esquire Fox, Farr & Cunningham Mr. Henry D.
Hukill 2320 North Second Street Vice President Harrisburg, PA 17110 GPU Nuclear Corporation Post Office Box 480 Ellyn R. Weiss, Esquire (1)
Middletown, PA 17057 William S. Jordan, III, Esquire (1)
Harmon & Weiss Michael F. McBride, Esquire 1725 Eye Street, N.W.,
Suite 506 LeBouef, Lamb, Leiby & MacRae Washington, D.C.
20006 1333 New Hampshire Avenue, N.W.
Suite 1100 Mr. Steven C.
Sholly Washington, D.C.
20036 Union of Concerned Scientists 1346 Connecticut Avenue, N.W.
Ms. Louise Bradford Dupont Circle Bldg., Suite 1101 TMI ALERT Washington, D.C.
20036 1011 Green Street Harrisburg, PA 17102 Chauncey Kepford Judith H. Johnsrud Mr. Norman Aamodt Environmental Coalition on R.
D.
5 Nuclear Power Coatesville, PA 19320 433 Orlando Avenue State College, PA 16801 John Clewett, Esquire The Christic Institute David E.
Cole, Esquire 1324 North Capitol Street Smith & Smith, P.C.
Washington, D.C.
20002 2931 Front Street Harrisburg, PA 17110 Michael W.
Maupin, Esquire Hunton & Williams 707 East Main Street Post Office Box 1535 Richmond, VA 23212 er 3---+8 me-r4+.g w-mw
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