ML20071H356
| ML20071H356 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/23/1983 |
| From: | Zahler R GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20071H353 | List: |
| References | |
| ALAB-698, NUDOCS 8305250208 | |
| Download: ML20071H356 (2) | |
Text
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Lic 5/23/83 J(
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NUCLEAR REGULATORY CO.
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In the Matter of
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Docket' 07 B9 METROPOLITAN EDISON COMPANY
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(Restarth
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(Emergency Planning)
(Three Mile Island Nuclear
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Station, Unit No. 1)
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MOTION FOR LEAVE TO FILE AFFIDAVIT Attached hereto is an affidavit executed by Robert E.
Rogan, Manager-Emergency Preparedness for GPU Nuclear Corporation.
Mr. Rogan's affidavit is being sub-mitted in support of Licensee's Reply Opposing NRC Staff Brief on Review of ALAB-698.
For the reasons stated below, Licensee requests leave to file the Rogan affidavit.
In its brief on Staffing of the Licensee's Emergency Operations Facility the NRC Staff asserts that Licensee's approach to EOF staffing is untested and unveri-fied (Staff Br. at 24-26).
As the attached Rogan affidavit demonstrates, this claim is factually inaccurate.
- However, since the emergency planning record in this proceeding has been closed for almost two years, the record does not dis-close the results of recent drills and exercises conducted at TMI which show that Licensee's plan is not untested or unverified.
8305250208 820523 PDR ADOCK 05000289 O
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.. The issue as to whether Licensee's staffing plan previously h5d been exercised arose for the first time during argument befort the Appeal Board.
The position that the staffing plan should not be approved because it alleg-edly had not been tested or verified was made for the first time in the NRC Staff's brief to the Commission.
The facts which are described in.Mr. Rogan's affidavit all occurred subsequent to December 1982.
In these circumstances, if Licensee is to have an adequate opportunity to present its position to the Commis-sion -- a position that already has been endorsed by the Commission's Appeal Board -- equity and due process require that Licensee be permitted to supplement the evidentiary record in this proceeding with facts relating to recent testing of Licensee's emergency plan.
Accordingly, the request for leave to file the Rogan affidavit should be granted.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE I
Robert E.'zWhler, P.' C.
Counsel for Licensee 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1000 Dated:
May 23, 1983 t