ML20087G740
| ML20087G740 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 03/15/1984 |
| From: | Trowbridge G METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| 83-491-04-OLA, 83-491-4-OLA, OLA, NUDOCS 8403200120 | |
| Download: ML20087G740 (5) | |
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8 March 15, 1984 RELATED COTulESPONDF.NCE 1
00LKETED UNITED STATES OF AMERICA'J3Ho,C NUCLEAR REGULATORY COMMISSION 14 NAR 19 A9:55 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD UFF!CE CF SECisEim 00CKETING A SEPv:r:t
. BRANCH In the Matter of
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)
METROPOLITAN EDISON COMPANY, ET AL. )
Docket No. 50-289-OLA
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)
ASLBP 83-491-04-OLA (Three Mile Island Nuclear Station, )
(Steam Generator Repair)
Unit No. 1)
)
LICENSEE'S RESPONSE TO TMIA'S MOTION FOR EXTENSIONS OF TIME FOR FILING RESPONSE' TO LICENSEE AND STAFF MOTIONS FOR
SUMMARY
-DISPOSITION Licensee has no objection to TMIA's request for an exten-sion of time until March 30, 1984, to respond to both Licensee's and the NRC Staff's motions for summary disposition; however, Licensee is not satisfied that the grounds-upon which TMIA bases its motion reasonably substantiate its request for an extension of time.
Licensee is specifically unimpressed by TMIA's allegation +
that Dr. Sih has been " invaluable" to TMIA.
TMIA.has only relied-upon Dr. Sih's opinion to' support TMIA Contention 1.d.
TMIA by its own admission has only communicated with Dr. Sih on this. con-tention -during one brief meeting-:in September,1983.
TMIA's Re-sponse'to Licensee's' Third Set of Interrogatories and Request ~for;
~
Production of Documents',.III-1.d-1,(III-1.d-12. -Furthermore, TMIA.
states that "it is'just possible" that Dr. SihLwill' provide TMIA with an affidavit.refutingLa' number of the factual assertions pre-i-
sented byLLicensee and the NRC Staff in their respective motions:
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for summary disposition.
Thus, although TMIA apparantly has not secured a commitment to prepare an affidavit from Dr. Sih, they seek an extension based essentially on the possibility that Dr.
Sih might be willing to draft an affidavit supporting TMIA's response to the aforementioned motions for cummary disposition.
Such a tenuous position is hardly substantial enough to justify a 10 day delay in the instant proceedings.
TMIA has had ample time to contact Dr. Sih if they needed his assistance in responding to Licensee's and the NRC Staff's motions for summary disposition.
TMIA has been on notice that its responses to Licensee's and the NRC Staff's motions for summary disposition would be due by March 20, 1984, since February 8,
- 1984, when Licensea and the NRC Staff notified the Board that they in-tended to file motions for summary disposition of each of TMIA's and Joint Intervenors' contentions.
Moreover, TMIA knew or should have known that its responses to the motions for summary disposi-tion would be due by March 20, 1984, as long ago as November 29, 1983, when the Board issued its order calling for the submission of motions for summary disposition by February 24, 1984.
It is inconceivable that TMIA could not anticipate that it might rely upon expert assistance before February-27, 1984.
It is equally inconceivable that TMIA could not have made arrangements with Dr.
Sih before this time if he is indeed so invalurble to the prepar-ation of TMIA's response that his present absence warrants a re-quest for a 10 dey extension of time to respond to Licensee's and the NRC Staff s motions for summary disposition.
TMIA's failure to discuss possible arrangements with Dr. Sih at an earlier date 2
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is inconsistent with TMIA's allegations that Dr. Sih's assist-ance is invaluable.
Nonetheless, in light of the voluminous nature of the moti,ns for summary disposition submitted by Licensee and the NRC Staff, Licensee agrees that TMIA's request for an extension of time until March 30, 1984, is reasonable and should be granted.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By f/
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')deor[eF. Trowbridge, /[. C.
Bruce W. Churchill, P.C.
Diane C. Burkley Wilbert Washington, II Counsel for Licensee 1800 M Street, W.W.
Washington, D.C.
20036 (202) 822-1000 Dated: March 15, 1984 i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
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METROPOLITAN EDISON COMPANY, ET AL. )
Docket No. 50-289-OLA
)
ASLBP 83-491-04-OLA (Three Mile Island Nuclear Station, )
(Steam Generator Repair)
Unit No. 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Response to TMIA's Motion for Extensions of Time for Filing Response to Licensee and Staff Motions for Summary Disposition," dated March 15, 1984, were served upon those persons on the attached Service List, by deposit in the United States mail, postage pre-paid, this 15th day of March, 1984.
M/
EM YGeo[geF. Trowbridg[P.C.
Dated: March 15, 1984 l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
METROPOLITAN EDISON COMPANY, ET AL. )
Docket No. 50-289-OLA
)
ASLBP 83-491-04-OLA (Three Mile Island Nuclear
)
(Steam Generator Repair)
Station, Unit No. 1)
)
SERVICE LIST Sheldon J. Wolfe Atomic Safety and Licensing Administrative Judge Board Panel Chairman, Atomic Safety and U.S. Nuclear Regulatory Commission Licensing Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission
- Docketing and Service Section (3)
Washington, D.C.
20555 Office of the Secretary U.S. Nuclear Regulatory Commission Dr. David L.
Hetrick Washington, D.C.
20555 Administrative Judge Atomic Safety and Licensing Board Joanne Doroshow, Esq.
Professor of Nuclear Engi.teering Louise Bradford University of Arizona Three Mile Island Alert, Inc.
Tucson, Arizona 85271 315 Peffer Street Harrisburg,' Pennsylvania 17102 Dr. James C.
Lamb, III Administrative Judge-Jane' Lee Atomic Safety and Licensing Board 183 Valley Road
'313 Woodhaven Road Etters, Pennsylvania 17319 Chapel Hill, North Carolina 27514 Norman Aamodt Richard J. Rawson, Esq.
R. D.
5, Box 428 Mary E. Wagner, Esq.
Coatesville, Pennsylvania ~ 19320 office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Appeal i
Board Panel l
U.S. Nuclear Regulatory Commission l
Washington, D.C.-
20555~
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