ML20082F573

Motion for Leave to Participate in Oral Presentations at Commission 831205 Meeting Re Mgt Competence & Integrity. Certificate of Svc Encl

ML20082F573
Person / Time
Site:	Three Mile Island
Issue date:	11/23/1983
From:	Weiss E UNION OF CONCERNED SCIENTISTS
To:	NRC COMMISSION (OCM)
References
NUDOCS 8311290149
Download: ML20082F573 (5)

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DOLMETEP USNRC UCS 11/23/83 UNITED STATES OF AMERICA 10 NOV 28 P2:47 NUCLEAR REGULATORY COMMISSION 0FFCE :'F 56.R6,w 00CKLIING & SLFVi! .

BEFORE THE NUCLEAR REGULATORY COMMISSION BRANCH 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 Order 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 permitted 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 Commission 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 8311290149 831123 PDR ADOCK 05000289 G PDR O})

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 conuoc < 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 issuas.

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 l 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 i

only in the context of judicial review.

Putting that fundamental issue aside, however, if the Commission wished to hear the views of the narties on some particular questions, we suggest that I

it should have posed the questions to all parties, requested written responses from all (on an expedited schedule, if it wished) and then scheduled an oral presentation where all 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 oppcrt. unity to meet them ,

on an equal basis.

Conclusion UCS moves the Commission to pemit it to participate in the oral presentations of December 5,1983, and any future Commission consideration of GPU management competence and integrity.

R ec,tfully submitted, l

) i Ellyn R. Je Ms' "

General Counsel, Union of Concerned Scientists DATED: November 23, 1983 i ,

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00LKETEL U" Soc

'83 NOV 28 P2:48 UN ! TCo ST A rcS of AnEnIC^ LFRE F E.E +

HUCLCAR REGULATORY COMMISSION 00CK?.ilNG & SERVir BRANCH DEFORE TI(E NUCLEAR REGULATORY COMMISSION In the Matter of )

)

HCTROPOLf rAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mlle Island Nucicar )

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.

riunzio Palladino Chairman Dr. Linda V. Little U.S. Huelear Regulatory Comission AtocLc Sarcty and LLcensing Vaihington, D.C. 20555 Board Panci 5000 Hermitage Drive Raleigh North Carolina 27612 Frederick M. B'ernthal Commissioner U.S. Nucicar Regulatory Co,mmission Vashington, D.C. 20555 Processor cary L. HLibollin 4412 CreenuLch Parkuay James Asselstine. Commissioner Va shing to n , D.C. 20007 U. S. Nuclear Regulatory Comission Va s hing to n , D.C. 20555 Judge Gary.J. Ed le s . Chairman Atomic Safety and Licensing Y1ctor Ctlinsky. Comi ssion e'r Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory CommLssion Vashington. D.C. 20555 Washington. D.C. 20555 Thomas Roberts Commissioner Judge John II. Duck U.S. Nucicar Regulatory Comission Atomic Sa fety and Licensing Vashington. D.C. 20555 Appeal Board Panci U.S. Nuclear Regulatory Commission Ivan V. Smith. Chairman Washington D.C. 20555 Atomic Sa fety and Licensing Board Panel Judge Reginald L. Go tc h y U.S. Nuclear R:gulatory Commission Atomic Sarcty and LLcensing vashington. D.C. 205$5 Appeal Board Panel U.S. Nucicar Regulatory Commission De. Vaiter it . Jordan Vashington D.C. 20$55 Alnmic Safety and (g c e n 3 ( n g, Goard Pane! J u .1 g e the1stine N. Kohl Atomte Sa fe ty and Licens.tng 001 Vest Outer Octve

%6 Ridre. Tennessee 37830 appeat (b a r d Panet U.S. Nuclear Regulatory Commisalon

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rt, 3 rtar f or t c Aamodt 245 ucst Philadelphta Street R . D. #5 Coatsv111e. Pennsylvania 19320 York. Pennsylvanta 17404 Robert Adler, Esq. Steven C. Sholly Assistant Attorney General Union of Concerned Sc i en ti s t s 505 Crecutive Ibuse 1346 Connecticut Ave.. N.V.

P.O. Gor 2357 Suite 1101 Harrisburg, Pennsylvania 17120 Vashington, D. C. 20036 Joseph R. Cray Loui s e Deadford Orrice of Executive Legal Director Three Mile Island Alert 325 Perfer Street U.S. Nuclear Regulatory Commission Harrisburg. Pennsylvania 17102 Vashington. D. C. 20555 Cunningham. Esq. Tho mas Baxter Es Shaw, Pittman, Polts 2 Troveridge Jordan D.

For, Farr & Cunningham 1800 M Street, N.W.

2320 North Second street Va-hington, D.C. 20036 Harrisburg, Pennsylvania 17110 Docketing and Service Section Dr. Judith H. Johnsrud Dr. Chauncey Keprord Orrice of the Se,cretary U.S. Nuclear Redulatory Commission Environmental Coalition on Vashington, D. C. 20555 Nuclear Power 433 Orlando Avenue State College, PA 16801 Villiam S. Jordan, III Haraon L Veiss 1725 I Street, N.W.

Suite 506 /'

Washington, D.C. 20006 John A. Levin, Esq.

Assistant Counsel Pennsylvania Public Utility Commission P. O. Bo x 3265 Harrisburg, Pennsylvania 17320