ML20082E135
| ML20082E135 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 11/23/1983 |
| From: | Weiss E UNION OF CONCERNED SCIENTISTS |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8311280059 | |
| Download: ML20082E135 (5) | |
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00CMETED UCY 11/23/83 UNITED STATES OF AMERICA
'83 WV 25 Pl2:05 NUCLEAR REGULATORY COMMISSION GFFICE CF SECnt.,,,,-
100W BEFORE THE NUCLEAR REGULATORY COMMISSION C
In the Matter of
)
)
METROPOLITAN EDISON COMPANY
)
Docket No. 50-289
)
(Restart)
(Three Mile Island Nuclear
)
Station, Unit No.1)
)
UCS' MOTION FOR LEAVE TO PARTICIPATE IN COMMISSION MEETING OF DECEMBER 5, 1983 On October 24, 1983, UCS filed a " Motion for Leave to File Response to Commission o der of October 7, 1983".
In that motion, we detailed UCS's participation in the issue of GPU management competence and integrity and asked the Commission to reverse its exclusion of UCS from the parties pennitted to participate in the Commission's consideration of these issues.
There has been no Commission response to that motion.
On November 21, 1983, the Commission issued an order permitting GPU to address the Comission on November 28 on its June 10, 1983 management organization proposal and any subsequent changes. The other parties, TMI-Alert, the Aamodts and the NRC Staff, are to be given an opportunity a week later, on December 5, to make oral presentations to the Commission in response. UCS was again excluded, although there is no ruling on our motion.
UCS therefore moves for permission to participate in that presentation, as 8311280059 831123 PDR ADOCK 05000289 G
PDR 950
well as any future Commission consideration of these issues for the same reasons stated in our October 24, 1983, motion.
It ill behooves the Staff, which kept the evidence of leak rate falsification from the Atomic Safety and Licensing Board and the public record, failed to conduct its own investigation for three years and now urges that hearings be put off for six more months while it investigates, to object to the participation of UCS in the resolution of ti ese matters. UCS will certainly cause no delay in resolution and can reasonably be expected to assist in developing the record.
We note that UCS only learned on May 24, 1983 that the Staff had confirmed the leak rate falsification years earlier. Any attempt to pursue the issue earlier would certainly have been forestalled by the ongoing Department of Justice investigation and the Staff's position that it could not complete its investigation or make its evidence known until the Department of Justice was finished. Since May 24, 1983, UCS has participated in every opportunity provided to analyze and comment upon these issues.
Finally, we wish to register an objection to the Commission's unprecedented handling of these presentations. We have previously noted on several occasions that the course of conduct upon which the Commission is embarked, and of which this is the latest example, amounts to taking evidence on disputed factual issues directly relevant to an adjudication from one party on an ex parte basis, without the opportunity for questioning or effective rebuttal from the other parties.
It is apparent, however, that this disagreement between us as to the applicable principles of law will be settled only in the context of judicial review.
Putting that fundamental issue aside, however, if the Commission wished to hear the views of the parties on some particular questions, we suggest that
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it should have posed the questions to all par' fes, requested written responses from all (on an expedited schedule, if it wished) and then scheduled an oral presentation where ali parties could have simultaneously responded. That is the practice in virtually every other oral argument and is nothing more than basic procedural fairness. The parties have a right to know the facts and arguments to be put forward by other parties and an opportunity to meet them on an equal basis.
Conclusion UCS moves the Commission to permit it to participate in the oral presentations of December 5,1983, and any future Commission consideration of GPU management competence and integrity.
Re ec,tfully submitted, l
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L1 lyn R.)le Ts' "
General Counsel, Union of Concerned Scientists DATED: November 23, 1983 l
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i i
en Utd ! T E D S T A TCS
t AMER [CA NUCLCAR RECULATORT COHHISSION DEFORE Tile NUCLEAR REGULATORY COtitiISSION In the Ma tter of
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HETROPOLITAN CDISON COMPANT
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Docket No. 50-289 (Restart)
)
(Three Mile Island Nuclear
)
Station. Unit No. 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " UNION OF CONCERNED SCIENTISTS' MOTION FOR LEAVE TO PARTICIPATE IN COMMISSION MEETING OF DECEMBER 5, 1983" have been served on the following persons by deposit in the United States mail, first class postage, this 23rd day of November, 1983.
Runzio Palladino. Chairman Dr. Linda V.
Little U.S.
Nuclear Regulatory Comission Atomic Sarcty and Licensing V.Ghi ng to n. D.C. 20555 Doard Panel 5000 Hermitage Drive
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Raleigh. North Carolina 27612 Frederick M.
Bernthal Commissioner U.S. Nuclear Regulatory Co,.moission Vashington. D.C. 20555 Processor Gary L. Hilhollin 4412 Greenwich Parkway James Asselstine. Commissioner Va shin g ton, D.C. 20007 U.S. Nuclear Regulatory Comission Vashington.
D. C.
20555 Judge Gary J.
Ed le s. Chairman Atomic Safety and Licensing Victor Gilinsky, Comi s sion e'r Appeal Board U.S. Nuclear Regulatory Comsatssion U.S. Nuclear Regulatory Commission Vashington. D.C. 20555 Washington. D.C. 20555 Thomas Roberts. Commissioner Judge John 11. Duck U.S.
Nuclear Regulatory Comission Atomic Sarety and Licensing Washington, D.C.
20555 Appeal Board Panel U.S. Nuclear Regulatory Commission Vashington D.C.
20555 Ivan V. Siith. Chairman Atomic Sa fety and Licensing Doard Panel Judge Reginald L. Cotchy Atomic Sarcty and Licensing U.S.
Nuclear R:gulatory Commi s sion Vashington, D.C.
20555 Appeal Board Panet U.S.
Nuc1 car Regulatory Commission Vashington D.C.
20555 Dr. Va1r er H.
Jo rd an Atomic Sa f e t y and Lt c en s t n r.
Hoard Panet JoJge Lhr1stinc it. Ko fil atomic Safety and Lic en s t ng 881 West Outer Or-t v c
'L*b R i d r. c. Tennessee 37830 appeal Hoard ranet u.S.
H i e r I c.i r Regutatory Commts310"
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tir s star jor ie Aamo!t ris Gaai O.
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- 5 24$ west Philadelphia Street Coatsville. Pennsylvanta 19320 fork, Penns ylv ani a 17404 Steven C. Sholly Robert Adler. Esq.
Assistant Attorney General Union of Concerned Scientists 505 Erecutive Ibuse 1346 Connecticut Ave..
N.V.
Suite 1101 P. O. Dor ?357 Harrisburg. Pennsylvania 17t2O Washington, D.C. 20036 Joseph R. Gray Loui se Bradrord Orrice of Executive Legal Director Three flile Island Alert 325 Perrer Street U.S. Nuclear Regulatory Commission ifarrisburg, Pennsylvania 17102 Vashington, D.C.
20555 Es Jordan D. Cunningham. Esq.
Thomas BaxterPof ts 1 Troubridge Fox. Farr & Cunningham Shaw. Pi t tm an.
2320 North Second Street 1801 H Street.
N.V.
Harrisburg. Pennsylvania.17110 Va hington. D.C. 20036 Docketing and Service Section Dr. Judith it. Johnsrud Orrice of the Sc.cretary Dr. Chauncey Keplord U.S. Nuclear Redulatory Coaxsission Environmental Coalition ott Washington. D.C. 20555 Nuclear Power 433 Orlando Avenue State College. PA 16801 Villiam S. Jordan. III Harmon & Vetss 1725 I Street.
N.V.
Suite 506
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Washington. D.C.
20006 John A. Levin. Esq.
Assistant Counsel Pennsylvania Public Utility Commission P. O.
Box 3265 Harrisburg. Pennsylvania 17120
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