ML20128H094

Memorandum & Order Ruling on TMI Alert 850625 Response to Licensee Plan for Evaluating Performance of Licensed Operators After Training.Response Filed Late.Aslb 850624 Order Approving Plan Need Not Be Disturbed.Served on 850708

ML20128H094
Person / Time
Site:	Three Mile Island
Issue date:	07/08/1985
From:	Linenberger G, Smith I, Wolfe S Atomic Safety and Licensing Board Panel
To:	THREE MILE ISLAND ALERT
References
CON-#385-728, CON-#389-728 79-429-09-SP, 79-429-9-SP, SP, NUDOCS 8507090407
Download: ML20128H094 (2)

Text

M' 174 .

g g g - 810JB5 6

BD 7/8/85 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ccLETED U5hsC ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Ivan W. Smith, Chairman 85 JUL -8 P3 :20 Sheldon J. Wolfe, Alternate Chairman Gustave A. Linenberger, Jr. cri'n m ht i A 00CKEhhG a SERVK t.

BRANCH In the Matter of Docket No. 50-289-SP METROPOLITAN EDIS0N COMPANY ) [ASLBP 79-429-09-SP]

(Three Mile Island Nuclear (RestartRemandon Station, Unit No. 1) ) Management)

July 8, 1985 MEMORANDUM AND ORDER RULING ON TMIA'S RESPONSE TO LICENSEE'S PROPOSED EVALUATION PLAN On June 24, 1985 the Licensing Board issued its Memorandum and Order approving Licensee's plan for evaluating the perfonnance of licensed operators after training in the job setting for revisions to the training program. TMIA submitted a response to Licensee's proposed plan by a pleading dated June 25, 1985. Apparently TMIA's response crossed in the mail with the Board's June 24 Order. As of the date of TMIA's response, June 25, no party had filed a notice of appeal from the Board's June 24 Order. The Licensing Board still has jurisdiction over TMIA's response.

TMIA's response is late. The May 3, 1985 partial initial decision authorizing comments on Licensee's evaluation plan provided for submittal of the plan and the parties' comments within forty-five days O M kO 289 g

g- rw 4

~

of the decision. PID at 217. Licensee, the NRC Staff, and Union of Concerned Scientists (UCS) met the Board's schedule by filing their respective papers on June 17.

TMIA did not request an extension of time nor seek leave to file its response out of time. It simply alludes to the fact that it was occupied in court. TMIA's opportunity to comment on the plan has passed.

The Licensing Board has, nevertheless, examined TMIA's response to determine whether the Board, on its own initiative, should implement any of TMIA's recommendations. We see no need to disturb our June 24 Order.

~TMIA has not presented anything that we have not already considered.

ATOMIC SAFETY AND LICENSING BOARD a0A m N 1 Y f.

Sheldo'n J. (H fe 'P ADMINISTRATD'E JUDGE

/

. .  % ma GuYtave A'. Linenbergan 'Jr.

ADMINISTRATIVE JUDGE Y jf4+1 Y A $

1. van I W. Smith, Chairman ADMINISTRATIVE LAW JUDGE Bethesda, Maryland July 8, 1985