ML20199K882

Requests That E Stier Review & Comments on NRR & Ofc of Investigations Repts Be Distributed to ASLB Prior to Evidentiary Hearing Scheduled for 860908.Served on 860707

ML20199K882
Person / Time
Site:	Three Mile Island
Issue date:	07/03/1986
From:	Kelley J Atomic Safety and Licensing Board Panel
To:	Blake E SHAW, PITTMAN, POTTS & TROWBRIDGE
References
CON-#386-889 LRP, NUDOCS 8607090269
Download: ML20199K882 (2)

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lII Q LEC I- t UNITED STATES E NUCLEAR REGULATORY COMMISSION

% ATOMIC SAFETY AND LICENSING BOARD PANEL g ,/ WASHINGTON. D.C. 20555 DOCKETED July 3, 1986 !JSNRC 116 JL -7 40:48 Ernest L. Blake, Jr., Esq.

Shaw, Pittman, Potts & Trowbridge OFFICE OF SECMTAhY 1800 M Street, N.W. DOCKETING & SERVICE Washington, D.C. 20036 BRANCH Re: Leak Rate Inquiry . _ .

Docket No. LRP SERVED g 7 g

Dear Mr. Blake:

This is to confirm our telephone conversation of yesterday. As discussed in the Memorandum and Order of May 30, 1986, the Presiding Board in the Leak Rate Inquiry was interested in hirfng Mr. Edwin Stier (and such technical assistants as he :nay require) to review the NRR and l OI Reports and to provide coments for the record. When we certified to the Commission a question concerning our authority to hire experts, we expected that we would receive answers to that and perhips related questions in late June. However, infonnal discussions with the Commission's Office of General Counsel indicate that such answers may not be forthcoming until later this sumer.

The evidentiary hearing is scheduled to begin on September 8,1986.

The Board believes that Mr. Stier's review and coments should be completed and distributed to the Board and parties before the hearing begins. Mr. Stier advises that, in order to coordinate his efforts with his technical consultants, develop his coments, and still meet the September schedule, he would have to begin work in early July. He does not believe, and we agree, that the beginning of work on the project could be safely put over until August and still be completed before September 8.

In Mr. !iickey's letter of May 29, 1986 to the Board, he reiterated your earlier statements at the April 24, 1986 prehearing conference that GPUN was interested in obtaining Mr. Stier's coments on the NRR and 01 Reports. In the Memorandum and Order of May 30, 1986, we asked you "to i refrain from seeking the services of Mr. Stier . . . until the Board has had an opportunity to seek Mr. Stier's services for the same purpose."

It now appears, however, that if Mr. Stier's coments are to be obtained in a timely manner, the contractor for his services must be GPUN, not this Board. Accordingly, we withdraw our earlier request that you refrain from retaining Mr. Stier. You indicated that, with the Board's objection withdrawn, GPUN would proceed as previously planned.

8607090269 e60703 PDR G

ADOCK 05000320 PDR 0 1 l

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9 The scope of Mr. Stier's work will, of course, be for GPUN and Mr.

Stier to determine. We will take the liberty, however, of indicating our general interest in Mr. Stier's comments on any significant differences, both in technical analysis and issues of individual responsibility, between his Report and the NRR and OI Reports. Mr.

Stier might wish to focus particularly on any matters on which the NRR or OI Reports have caused him to change his earlier conclusions.

The Board appreciates your cooperation in this matter.

Sincerely, h..-

JaAs L. Kdlley, Chairmhn,

%r the Presiding Board cc: All Parties on Service List l

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