ML20207Q011
| ML20207Q011 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/11/1987 |
| From: | Aamodt M AAMODTS |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#187-2224 86-519-02-SP, 86-519-2-SP, LRP, NUDOCS 8701210060 | |
| Download: ML20207Q011 (5) | |
Text
!
'l' yQ UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 3
Before the Presiding Board In the Matter of
)
Docket LRP
)
ASLBP No.- W-511ANot6S$10 :47 INQUIRY INTO THREE MILE ISLAND UNIT 2
)
g gg ogQ LEAK RATE DATA FALSIFICATION
)
)
Januaryth987.
AAMODT HOTION FOR AN EXTENSION OF TIME TO FILE FINDINGS OF FACT The Aamodts are not able to file findings of fact by the deadline set for them by the Board's Order of November 27, 1986.
Despite all reasonable efforts (1) on their part, they have not been able to access the complete transcript of the record of the hearing.
They, therefore, request an extension until February
.9, 1987. This deadline would coincide with that set for the Numerous Employees, and, therefore, the extension requested would not introduce any delay in the proceeding. Since the date of delivery of the transcript the Aamodts ordered some time ago cannot be predicted, as liberal an extension as is possible, without introducing delay, is warranted in order to avoid
- he necessity of further motions.
The Aamodts have good cause for making this motion. They have attempted, since the first day of the hearing, to obtain the transcript in a timely manner (2) in order to keep abreast of witnesses' testimony and procedural matters. However, the transcript was not available to the f
public during September and October, 1986.
In mid-October, a printout provided by the Public Document Room at the Commission's of fices did not
,3 show any record of the transcript of the hearing. For that reason, the Aamodts arranged with a photocopying service to have copies made from Judge Kelley's copies, through his courtesy. By November 16, 1986, the n
'% hh 8701210060 870111
'/
PDR ADOCK 05000320 G
3
.... ;x
- u. pungewn mu 1
vg
_2 Annadts were able to obtain copies of the transcript for 11 hearing days.
Tne process was laborious and slow since the photocopying service required preoayment. This entailed an estimation of charges from counting of pages, and provision of a certified check with considerable delay introduced from a number of steps.
Following the Board's ruling of December 1, g 1986 that denied the Numerous Emoloyees' motion to dismiss the Aamodts from the proceeding and which granted an extension of a week to file findings of fact, which was possible despite the Aamodts' schedule for December, the Aamodts acted immediately to obtain transcripts on microfische through the Public Document Room. This manner of access to NRC documents had proven over the past seven years to be a rettable, expeditious and inexpensive service.
Our contact at the Public Document Room, Kim Basile, was unable at first to locate the transcript of this hearing.
Ms. Davis, Judge Kelley's secretary, obtained some identifying numbers.
In returning to Ms. Basile, g
she suggested, in view of the extensive order, that she provide a printout t
which we could mark to institute our order and that we state that we would i
be responsible for payment for the order. As soon as the printout arrived in mid-December, the Aamodts marked it, signified their responsibility for the order and returned it.
(Ms. Basile checked last week to report that she sent the printout on December 5th.)
The Aamodts were concerned in mid-December about the delay in the provision of the printout; however, they hesitated to request an additional extension since-they presumed that the order for the transcript would be quickly filled and provided,and they decided to adjust their schedule to meet the Board's deadline.
Last week, with the deadline for filing the end of the neFC week, and this weekend the last available opportunity to read the transcript not already in their possession, Ms. Aamodt contacted Ms. Basile.
Ms. Basile
7...r..
1,
checked with " Louise" cf copying service at the Commission's headquarters to find that the transcript had been sent on December 31, 1986.
Ms.
Aamodt then talked with Louise to determine that it had been sent by First Class U.S. Mail. The Lake Placid Post Office personnel had never before experienced this extensive delay in the arrival of mail from Washington, D.C.
The delays between the sending and delivery of the printout and our order were also significant, evidently, in the order of 10 days each.
On Friday, January 9,1987, Ms. Aamodt called Judge Kelley who returned a call the same day to respond to a message left with Ms. Davis.
Ms. Aamodt expressed her dismay concerning the unexpected delay in receiving the complete transcript of the hearing and her inability to file any findings since she was without the transcript of many days of the hearing. Judge Kelley suggested that she file a motion by the deadline for filing findings in leiu of filing findings.
The Aamodes wish to make it eminently clear that this motion has no connection from a prior motion they made asking for an extension of time based on their burden of scheduled events during December. The additional week granted by the Board provided relief that would have made their filing of findings possible by the deadline had the complete transcript arrived as the Aamodts expected.
The Aamodts also wish to make it eminently clear that they neither suggest nor imply that the responsibility for their obtaining the transcript was solely theirs. The Aamodts assumed that responsibility, without a murmur, and made their best ef fort, and a substantial effort which should have succeeded, to obtain the transcript.
The Aamodts find no fault with the assistance provided by the Public
=
Document Room and specifically Ms. Basile.
The fault appears to be primarily that of the U.S. Postal System in Washington, D.C., an evidently recent backlog which the Aamodts did not
~ T.
4 S expect nor identify until it was too late. From what the Aamodts now understand, the postal delays have been widely experienced in Washington, D.C.
Since the Aamodts have no certainty when the transcript will arrive in Lake Placid, they motion for the most liberal extension, consistent with avoiding delay in the proceeding, or until February 9,1986, to file their findings of fact and until two weeks later to reply to all other parties' findings of fact. The Aamodts would agree to provide these to the Board on those days by guaranteed delivery and to all parties in the same manner.
Respectfully submitted
,A l
/
[;bb Marjorie'M. Aamodt January 11, 1987 Notes (1) Obtaining the transcript from the Court Reporter was not a reasonable alternative. The Aamodts do not have funds that could be used to expend the several thousand dollars that would be charged nor would organizations or individual members of the public be willing to underwrite this kind of expenditure when other less expensive alternatives were available.
(2) The initial delay in obtaining the transcript was introduced by the Aamodts misunderstanding that Judge Kelley would be willing to lend a copy of the transcript which the Aamodes could copy and return, cc: Kim Basile, PDR Postscript - Rervice to the Aamodts at the Parkesburg address can be discontinued.
i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION r,rt:
Before the Presiding Board
"? @
'In the Matter of
)
Docket LRP
-)
ASLBP No. 86-51S702JW 16 A10 :47
. INQUIRY INTO THREE MILE ISLAND UNIT 2
)
LEAK RATE DATA FALSIFICATION
)
January 12, 1981
)
Y0CN. ! '
U L H:f s
sa:uc.c This is to certify that copies of the document, AAMODT MOTION FOR AN EXTENSION OF TIME TO FILE FINDINGS OF FACT, were served on the Board, Docketing & Service and the parties as reflected by
- he Service List below by deposit in U.S. Mail, First Class.
7 January 12, 1987 tLA.
d*
rjorib M. Aamodt SERVICE LIST Chief, Docketing & Service Section Harry H. Voigt Esq.
Office of the Secretary James W. Meo11er, Esq.
U.S. Nuclear Regulatory Commission LeBoeuf, Lamb, Leiby & MacRae Washington, D C. 20555 Suite 1100
'1333 New Hamoshire Avenue, NW Presiding Board, the Honorables Washington, D.C. 20036 James L. Kelley, Chairman Glenn O. Bright James-B. Burns, Esq.
James H. Carpenter Isham, Lincoln & Beale U.S. Nuclear Regulatory Commission Suite 5200 Washington, D.C. 20555 Three First National Plaza Chicago, IL 60602 Ernest L. Blake, Esq.
Shaw, Pittman, Potts & Trowbridge Michael W. Maupin, Esq.
2300 N Street, N.W.
Hunton & Williams Washington, D.C. 20037 P.O. Box 1535 Richmond, VA 23212 Smith B. Gephart, Esq.
Jane G. Penny, Esq.
Jack R. Goldberg, Esq.
Killian & Gephart Mary Wagner, Esq.
Box 886 General Counsel Legal Of fices 216-218 Pine Street U.S Nucelar Regulatory Commission Harrisburg, PA 17108 Washington, D.C. 20555 l
4 1
l 1
-