ML20078A349
| ML20078A349 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/21/1983 |
| From: | Doroshow J THREE MILE ISLAND ALERT |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20078A346 | List: |
| References | |
| NUDOCS 8309230176 | |
| Download: ML20078A349 (5) | |
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UNITED STATES OF AbERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATObEC SAFETY AND LICENSING BOARD In the better of
)
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bETROPOLITAN EDISON COhPANY
)
Docket No. 50-289
)
(Reopened Hearings)
(Three bdle I'sland Nuclear
)
Station, Unit No.1)
)
TMIA FDTION FOR POST [ONEbENT
.OF PREHEARING CONFERENCE By Order dated September 14, 1983, this Boar'd has
- requested from the parties infornation concerning the nature and extent of expected participation, a definition of hearing scope, subissues -which should be addressed in the reopened nanagenent hearings, brief discovery requests, and statenents from the NRC Staff as to when it can and would prefer to go to hearingf. The Order also directs the parties to appear at an 0.ctober 18, 1983 prehearing conference.
1 TEIA respectfully requests postponenent of this prehearing l
conference, and of any discovery which would be ordered from l
that date, until after hearings have been coupleted on the steam generator tube license anendnent.
l As this Board is or should be adare, the ASLB conduc-ting hearings on the steam generator tube repairs have requested contentions from the parties by Septenber 21, and have scheduled a prehearing conference for October 17.
The parties who will be participating in the steam generator tube license anendnent hearings are, with ninor exceptions, identical to those involved in the instant case, i.e TbEA, the Aa nodts,' L~icensee and the NRC Sta f f.
(Intervenor Jane 8309230176 830921 PDR ADOCK 05000289 G
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v Lee will also participate in the steam tube hearings, and UCS nay participate in the nanagenent reopening).
It is sinply inconceivable to expect that TMIA or' the Aanodts, the main intervenors in the nanagenent case, can prepare' for and participate in both cases at the sane time, even assuning actual hearing dates do not run sinultaneously.
It has been' TNEA's experience tpat the tine which nust t
be devoted to preparing for one hearing alone, in light of the imbalance of resources bebeeen intervenors and' the Licensee and Staff, precludes effective participation and thus neaningful h, earings.
Thir, is sonething which inexpert
'and unf nded i terve ors e'xperience routinely, which becane u
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part of - TNEA's nanagenent case appeal, and which should be of no surprise to this Board.
Hoaever, this Board _has established an initial schedule which will force the beo hearing processes to run si nul te neously.
This would. nake the ' intervenors '
participation in these hearings so extraordinarily burdensone that TNIA can not even envision being able to usefully participate.
At a nd ni mu m, concepts of procedural due process prohibit ~ this Board from creating such a condition.
Nereover, the Staf f itself has indicated that it will not have its oe n report conpleted on the "Hartnan allegations", the subject of the reopened hearings, for several non ths, the staf f having urged the Appeal Board to delay ruling on the reopening for that very reason.
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, Further, TNE-1 is far from even being physically ready to operate and certainly will not be before resolution of issues currently being raised in the steam generator tube license a nenunent hearings.
In light of the trenendous inportance which the Appeal Board attached to proper resolution of the "Hartnan I
allegations" which have becone a subject of enornous concern r
within the Consdssion, and the gross violation of the intervenors' due process rights if forced to bear. the burden of beo simultaneous hearings, TFEA respectully requests this Board to postpone its scheduled prehearing conference and any discovery wh'Sch nay be ordered from that date.
Respectfully subnitted, By: N DW-l ouise Bradford Joanne Doroshoa Septenber 21, 1983 TNIA 1
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g,p UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Mtter of
)
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METROPOLITAN EDISON COMPANY
)
Docket No. 50-289
)
(Three Mile Island Nuclear
)
Station, Unit No.1)
)
CERTIFICATE OF SE[VICE I hereby certify that copies of the attached TMIA ETION FOR POSTPONEMENT OF PREHEARING CONFERENCE and acconpanying letter to the Commissioners dated Septenber 21, 19 83, w a s served this 2lst,' day of Septenber 21, 1983, by deposit in l
the U.S.
mil, first class, postage prepaid, or hand delivered, to those on the attachedt service lis
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ANNE DOROSHCN
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SERVICE LIST Chairnan Palladino Commissioner Gilinsky U.S. N.R.C.
U.S. N.R.C.
W ashington,
D.C.
20555 Washington, D.C.
20555 Corrissioner Bernthal Corrissioner Roberts U.S. N.R.C.
U.S. N.R.C.
W ashington,
D.C.
20555 Washington, D.C.
20555 Commissioner Asselstine Judge Gary Edles, ASLAB U.S. N.R.C.
U.S. N.R.C.
W ashington, D.C. 20555 W ashington, D.C. 20555 Judge John H. Buck, ASLAB Judge Christine Kohl, ASLAB U.S. N.R.C.
U.S. N.R.C.
Washington, D.C. 20555 W ashington, D.C. 20555 Judge Reginald Gotchy, ASLAB Professor Gary Milhollin -
U.S. N.R.C.
4412 Greerw ich Parkway, N M.
W ashington, D.C.
20555 W ashington, D.C.
20007 Michael M:: Bride Jack Goldberg LeBoeuf, Lamb, Leiby -&
McRae Office of Executive Legal Director 1333 Naa Ha nshire Ave'.' N M.
U.S. N.R.C.
W ashington, D.C. 20036 Washington, D.C.
20555 George F. Trodbridge, Esq.
- 2. 'Mrjorie Aamodt Shaw, Pittnan, Potts & Troabridge R.D. 5 1800 M St. NM.
Coatesville, PA 19320 W ashington, D.C.
20036 Iva n W. Smi th, Esq., ASLB Dr. W alter Jordon, ASLB 881 Outer Drive U.S. N.R.C.
Oak Ridge, TN 37830
- W ashington, D.C. 20555 Docketing and Service Dr. Linda Little U.S. N.R.C.
5000 Hermitage Drive W ashington, D.C.
20555 Raleigh, NC 27612 Gail Phelphs Douglas Blazey PIRC Assistant Attorney. General 1037 Mclay St.
Executive House Harrisburg, PA 17102 Harrisburg, PA 17120 Steve Sholly Judith Johnsrud i
Dupont Circle Building ECNP l
1346 Connecticut Ave. NM.
433 Orlando Ave.
l W ashington, D.C.
20036 Sta te College, PA 19320 l
Jordon Cunningha m, Esq.
Ellyn W eiss, Esq.
Fox, Farr,'& Cunningha m Harnon & W eiss 2320 North Second St.
1725 Eye St. NF., Suite 506
(
Harrisburg, PA 17110 W ashington, D.C.
20006
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