ML20093L429
| ML20093L429 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/17/1984 |
| From: | Bernabei L THREE MILE ISLAND ALERT |
| To: | GENERAL PUBLIC UTILITIES CORP. |
| References | |
| CON-#484-568 SP, NUDOCS 8410180583 | |
| Download: ML20093L429 (5) | |
Text
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- RELATED Con;gg;;;gy,,CE TMIA - 10/17/84.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
- T, BEFORE TdE. ATOMIC SAFETY AND LICENSING BOARD hg['80 In the Matter of
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METROPOLITAN' EDISON COMPANY
'84 @y 7g. g (Three Mile. Island Nuclear
-)
Docket No.
50-28%[SPyh,; g[7 SECEtin Station, Unit No. 1)
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(Restart Managemenkh4)f.
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THREE MILE ISLAND ALERT'S RESPONSE TO
. LICENSEE'S FIFTH SET OF INTERROGATORIES Interrogatory No.1 Three Mile Island Alert ("TMIA") objects to production of information responsive to this interrogatory in that it requests information that is not relevant to the issues in this proceed-ing and not reasonably calculatud to lead to the discceery of admissible evidence.
TMIA and Licensee have entered into a stipulation, which has been approved by the Nuclear Regulatory Commission ("NRC")
Staff and this Board concerning the Report prepared by the House Committee on Interior and Insular Affairs entitled "Re-
. porting of Information Concerning the Accident at Three Mile Island" (March 1981) ("Udall Report").
In the Mailgram Stipulation the parties agree that certain reports and inter-views conducted in the course of those reports will be admit-ted into evidence and the Board may give the reports and inter-views such weight as it determines they deserve.
The parties l
also agree in the stipulation that the testimony of Henry Myers, proposed as a witness by TMIA, will not be heard and that interrogatories inquiring into_his testinony and his investi-8410180583 e4 tog 7 gDRADOCK05000g g
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I gation would be withdrawn.
Now Licensee attempts to circumvent this stipulation by
'inquirin'g once again into the Udall Report and the investiga-tion which led to the Udall Report.
TMIA believes that licen-see's attempted discovery is in violation of the clear intent and spirit of the stipulation which was intended in part to avoid problems in discovering information from the Congres-sional branch of the government.
Licenseo as well as TMIA was informed by the chief counsel for the House of Representatives that it could not provide information or testimony regarding the internal processes of the House or House Staff, including evidence about the method by which the Udall Report was com-piled.
Given that representation, licensee chose to enter in-to a stipulation which admits into evidence the Udall Report.
Now licensee is attempting to circumvent that stipulation and ask new discovery questions about the Udall Report.
Secondly, the i, formation requested by licensee is not relevant to this proceeding.
This hearing is not intended to focus on the adequacy of all investigations into the TMI Ac-cident which led to NUREG-0600 nor the adequacy of the other investigations such as the Senate investigation, the Special Inquiry Group investigation, or the Kemeny Commission investi-gation.
All these investigative reports and the interviews underlying these investigations,_are included within the Mail-gram Stipulation.
Given that fact TMIA does not believe dis-covery on these investigations, inveatigative reports or the underlying interviews would produce information relevant to
. t this proceeding.
Although evidence concer.ning the manner in which these investigations were conducted may provide the Board with some marginally useful information about the weight it should give to individual interviews, TMIA believes the mini-mal assistance to the Board such evidence would provide is out-weighed by the collateral broadening of this hearing.1 TMIA believes that in this event discovery on the reports, investi-gations and interviews underlying the investigations is outweighed by the burden to the parties and to this Board, and unduly expensive and burdensome.
See Rule 26 (b) (1), Fed.
R.Civ.P.
The NRC Staff has stated that it will present the testi-mony of Mr. Moseley on this issue.
After the Staff announced that it would call Mr. Moseley, TMIA announced that it would call as a witness Mr. Gamble, who participated in the investi-gation and in the writing of the NRC Staff Report into licen-see's reporting failures, NUREG-0760.
Therefore, TMIA believes that NUREG-0760 stands on a different footing than the other reports included within the Mailgram Stipulation in that the NRC Staff has stated that through its presentation of Mr.
Moseley's testimony it intends to make its report, NUREG-07 60, an issue in this proceeding.
NUREG-0760 is already admitted into evidence in this proceeding and is included once again within the Mailgram Stipulation as evidence to be admitted in this proceeding and to be given such weight as this Licensing Board believes appropriate.
Respectfully submitted,
.A uns C
Lynne Bernabei l' %
Counsel for TMI Alert Dated:
October 17, 1984 l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION t.
Before the Atomic Safety and Licensing Board In the Matter of
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METROPOLITAN EDISON COMPANY
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Docket No. 50-289 SP
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4 (Three Mile Island Nuclear
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(Restart - Management Phase) j Station, Unit'Wo. 1)
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I hereby certify that a copy of the foregoing Thfee3Mlle. Island Alert's Response to Licensee's Fifth Set of Interrogatories and Motion to-Compel Licensee Answer on TMIA's Fourth Set of Inter-th$atories and Request for Production have been served ro s 17th day of September, 1984, by mailing a copy, first class Postage prepaid to the following:
SERVICE LIST Administrative Judge Thomas Au, Esq.
Ivan W. Smith, Chairman Office of Chief Counsel Atomic Safety & Licensing Board Department of Environmental U.S. Nuclear Regulatory Commission Resources Washington, D.C.
20555 505 Executive House P.O. Box 2357 Administrative Judge Harrisburg, PA 17120 Sheldon J. Wolfe Atomic Safety & Licensing Board John A. Levin, Esq.
U.S. Nuclear Regulatory Commission Assistant Counsel Washington, D.C.
20555 Pannsylvania Public Utility Commission Administrative Judge P.O. Box 3265 Gustave A. Linenberger, Jr.
Harrisburg, PA 17120 Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Ernest L. Blake, Jr.
Washington, D.C.
20555 Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Docketing and Service Section (3)
Washington, D.C.
20036 Office of the Secretary
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U.S. Nuclear Regulatory Commission Mr. Henry D. Nukill Washington, D.C.
20555 Vice President GPU Nuclear Corporation Atomic Safety & Licensing Board P.O. Box 480 Panel Middletown, PA 17057 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. and Mrs. Norman Aamodt l
R.D.
5 Atomic Safety & Licensing Appeal Coatesville, PA 19320 Board Panel U.S. Nuclear Regulatory Commission Ms. Louise Bradford Washington, D.C.
20555 TMI ALERT 1011 Green Street Jack R. Goldberg, Esq.
Harrisburg, PA 17102 Office of the Executive Legal Director Joanne Doroshow, Esq.
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U.S. Nuclear Regulatory Commission The Christic Institute Washington, D.C.
20555 1324 North Capitol Street Washington, D.C.
20002-l l*-
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_ _ - - - - - - - - = - - - - - - -
i
- . i Michael F. McBride, Esq.
Ellyn R. Weiss, Esq.
LeBoeuf, Lamb, Leiby & MacRae William S. Jordan, III, Esq.
1333 New Hampshire Avenue, N.W.
Harmon, Weiss & Jordan Suite 1100 2001 S Street, Northwest i
i Washington, D.C.
20036 Suite 430 Washington, D.C.
20009 Michael W. Maupin, Esq.
Hunton & Williams 707 East Main Street Post Office Box 1535 THI-PIRC Legal Fund Richmond, VA 23212 1037 Maclay Harrisburg, Penn.
17103 f f, A
A Ly6rt Bernabei 1
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