ML20065A089
| ML20065A089 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/09/1982 |
| From: | Blake E METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ISSUANCES-SP, NUDOCS 8209130129 | |
| Download: ML20065A089 (6) | |
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0 LIC September 9, 1982 us R UNITED STATES OF AMERICA 12 SECP{,h NUCLEAR REGULATORY COMMISSION gNCH OC -
Before the Atomic Safety and Licensinn Appeal Board In the Matter of
)
)
METROPOLITAN EDISON COMPANY
)
Docket No. 50-289 SP
)
(Three Mile Island Nuclear
)
(Restart)
Station, Unit No. 1)
)
LICENSEE'S ANSWER TO AAMODT MOTION FOR EXTENSION OF TIME TO FILE BRIEF l
On September 7, 1982, Licensee received Aamodt Motion For Extension of Time to File Brief, dated September 3, 1982. /
i Licensee was alerted later the same day by the Appeal Board that responses to the Aamodt Motion were due by close of busi-ness, September 9.
Licensee opposes the Aamodt Motion.
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In a one paragraph document, the Aamodts request that the briefing of exceptions on all management issues be deferred, i
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citing as their total basis:
A new matter, the subject of our motion of today to the Licensing Board, clouds the issues, findings and conclusions of the l
Reopened Proceeding on cheating.
l The Aamodts request that the briefing be deferred "[u]ntil this matter is resolved."
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At the same time, Licensee received two other related Aamodt pleadings -- an Addendum to earlier Aamodt comments on immediate effectiveness, filed with the Commission, and a motion filed with the Licensing Board seeking to reopen the record in this proceeding.
i 8209130129 820909
{DRADOCK05000 03
. The referenced Aamodt " motion of today to the Licensing Board" is a request to reopen the record in the reopened phase of the captioned proceeding.
Licensee will be responding to that motion, and will oppose it.
At this juncture, to defer all further briefing on all management exceptions pending resolution of the motion to reopen would be truly extraordinary.
Licensee in its Answers of September 8 to recent TMIA motions to defer the instant briefing schedule on exceptions and to extend that briefing schedule has emphasized the poten-tial impact of the Appeal Board's review process on the timing of TMI-l restart.
We must assume at this juncture, absent a Commission determination on immediate effectiveness of the Licensing Board's decisions, that the Appeal Board's review controls the restart schedule.
With exceptions on other mat-ters having already been briefed and argued to the Appeal Board, the management exceptions appear to control the Appeal Board's review schedule.
Despite the extraordinary remedy they seek and the import of that remedy, the Aamodts provide no justification at all l
for deferring the management exceptions briefing schedule.
It is particularly noteworthy that no reason is even asserted why the briefing of existing exceptions should not proceed regard-less of the prospects for reopening.
The Aamodts' Motion is silent as to how their ability to brief their already existing 225 management exceptions is hampered by awaiting resolution of the motion to reopen.
Nor do the prospects that the record
. actually will be reopened appear very real.
The burden on a party seeking to reopen the record in a case where, as here, the initial decision has already been rendered, is heavy.
- See, e.g.,
Kansas Gas and Electric Company, et al. (Wolf Creek Generating Station, Unit No. 1), ALAB-462, 7 N.R.C.
320, 338 (1978); Public Service Company of Oklahoma, et al. (Black Fox Station, Units 1 and 2), ALAB-573, 10 N.R.C. 775, 804 (1979).
The Aamodts' motion to reopen, Licensee will argue, falls considerably short of meeting that test.
On the face of the very document upon which the Aamodts rely, it appears that-
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their request stems from an incident attributable to a single individual's practices, detected by Licensee itself and reported by Licensee to the NRC whose subsequent inspection disclosed that the practice did not represent conditions elsewhere in Licensee.'s training sections and that Licensee took adequate corrective action as a result of the incident.
See Attachment 1 to Aamodt Motion.
On the basis of the above, Licensee opposes the Aamodt request to defer briefing of all management-related exceptions until a pending Aamodt request to reqxn the record is resolved,
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which request is yet to be answered or considered.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1000 By:
[.
Ernest L.
Blake, Jr.
Counsel for Licensee
LIC September 9, 1982 i
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
)
Docket No. 50-289 SP
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(Three Mile Island Nuclear
)
(Restart)
Station, Unit No. 1)
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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing LICENSEE'S ANSWER TO AAMODT MOTION FOR EXTENSION OF TIME TO FILE BRIEF was served this 9th 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, postage prepaid, addressed to all other persons on the attached Service List.
W k
1 Ernest L.
Blake, Jr.
O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensinc Appeal Board In the Matter of
)
)
METROPOLITAN EDISON COMPANY
)
Docket No. 50-289 SP
)
(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 Commission 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
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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 Office of the Secretary Karin W.
Carter, Esquire U.S.
Nuclear Regulatory Assistant Attorneys General Commission 505 Executive House Washington, D.C.
20555 Post Office Box 2357 Harrisburg, ?A 17120
.. 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 i
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.
Shollyi 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 i
Harrisburg, PA 17110 i
Michael W.
Maupin, Esquire Hunton & Williams 707 East Main Street Post Office Box 1535 Richmond, VA 23212
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