ML19262C060

Request by Newberry Township TMI Steering Committee for Addl Time to File Revised Contention Re Revision 1 of Emergency Plan.Intervenor 791219 Oral Contact W/Licensee Gave Impression of Permissible Late Filing.W/Certificate of Svc

ML19262C060
Person / Time
Site:	Three Mile Island
Issue date:	01/11/1980
From:	Cunningham J AFFILIATION NOT ASSIGNED, FOX, FARR & CUNNINGHAM
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19262C061	List: ML19262C060 ML19262C065
References
NUDOCS 8001280214
Download: ML19262C060 (5)

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L UNITED STATES OF AMERICA 2 ;TS '

NUCLEAR REGULATORY COMMISSION

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD h%),

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, METROPOLITAN EDISON COMPANY  : Docket No. 50-289 (Three Mile Island Nuclear  :

Station, Unit No. A)  : (Restart) l l NEWBERP.Y TOWNSHIP TMI STEERING COMMITTEE'S REOUEST FOR AN EXTENSION OF TIME TO FILE A REVISED CONTENTION TO REVISION 1 0F THE EMERGENCY PLAN SUBMITTED BY LICENSEE i

On December 19, 1979, Intervenor's Counsel received his first l l

written notification from Metropolitan Edison Company that various amend- l t

ments had been made to the Emergency Plan which had been submitted to Intervenor's Counsel in late October, 1979. Upon receiving notification from Metropolitan Edison Company that it had revised its original emergency plan, Intervenor's Counsel contacted Licensee's counsel on December 19, 1979, and advised him that it appeared that the new revision superseded Sections i

3 through 10 of the original Revision 0 of the Emergency Plan. Moreover, Intervenor's Counsel informed Licensee's counsel that he would be requesting I

an extension to reply to the new amendments to the Emergency Plan by which l l

h statement Intervenor's Counsel meant to be interpreted as having an j i

q 1 extension to critique the emergency plan from Section 3 through 10, i inclusive. On December 21, 1979, Intervenor's Counsel forwarded, by ,

1 II United States Mail, its first final contentions with regard to the  !

Emergency Plan. Intervenor's Counsel listed contentions to the first l

three sections of the original Emergency Plan, however, did not include I

i contentions beyond Section 3 of the original Emergency Plan. ,

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li Intervenor's Counsel did not attempt to set forth contentions l

with regard to Sections 4 through 10 of the original Emergency Plan because of three factors:

3 1. The revisions and/or amendments submitted by Metropolitan 4 j

Edison Company to the Emergency Plan were not delineated in any ,

I fashion in the revised plan so as to facilitate comparison l

l between the original Emergency Plan and the revised Emergency l

l Plan.

2. Intervenor's Counsel was to have all contentions regarding the Emergency Plan filed by December 18, 1979; hewever, on December 18, 1979, Chairman Smith gave Intervenor's Counsel an oral extension until December 24, 1979, to file the final contentions to the Emergency Plan. Because of the late discovery of the revision, Intervenor's Counsel did not have time in which to adequately insure that those contentions which were not affected by the amendments to tha Emergency Plan would be timely l filed if he concerned himself with those contentions which were affected by the amended sections of the Emergency Plan because of the unorthodox method in which the amendment to the Emergency Plan was filed. Therefore, not wishing to jeopardize those contentions which he felt were valid and not affected by the amended Emergency l

Plan, Counsel filed contentions to various county plans which  !

l 9 were incorporated by reference into the Emergency Plan and i d 4 j specifically filed contentions to the first three sections of d the Emergency Plan. i j ..

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l q ~3. Counsel for the Intervenor's felt that he had agreement ,

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with the Licensee for an extention to reply to the new amendments

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l il to the Emergency Plan pursuant to an oral understanding of a

q December 19, 1979. It was Intervenor's Counsel's impression that j Licensee would not object to the filing of further contentions 6 '

i with regard to Sections 4 through 10, inclusive.

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1 l Because of these factors, Intervenor's Counsel was confident i

that he still had the right to raise contentions on behalf of the Intervenors ,

with regard to Sections 4 through 10 of the Emergency Plan as revised.

Intervenor's Counsel did not become aware of Licensee's objection to his filing further contentions to any section of the Emergency Plan that was not affected by the amendments until January 8, 1980, when he was so +

informed by Licensee's counsel.

J It is Intervenor's position with regard to the contentions being , . ,

filed today that those contentions which represent contentions that could g have been filed on December 21, 1979, should now be allowed to be raised 1 l because of the reasons set forth above which constitute good cause as that ,

s term was set forth in 10 C.F.R. 52.711. As to those contentions which  !

I could not have been raised on December 21, 1979, because the facts upon i ,

which they were based were contained as an amendment in the Emergency Plan, it is Intervenor's position that those contentions are valid and good j i

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, cause does not have to be shown because of the understandings reached .

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,- l between Intervenor and Licensee. Therefore, Intervenors respectfully .

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, reouest that its Motion be granted and that all contentions raised in

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this filing be considered to be timely filed.

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r l Respectfully submitted, 1 i FOX, FARR & CUNNINGHAM t i i

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BY: - --

! Jordan D. Cunningham... Esquire Attorney for Intervenor 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 il i

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UNITED STATES OF AMERICA  !

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD fIntheMatterof:

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i METROPOLITAN EDISON COMPANY,  : Docket No.'50-289 et al.  :

(Three Mile Island Nuclear  : Restart Station, Unit No. 1)  :

CERTIFICATE OF SERVICE I hereby certify that a copy of Reauest for Extention of Time was mailed First Class, postage prepaid, this lith day of January , 1980, to the following:

Secretary of the Commission U. S. Nuclear Regulatory Commission Washington, D.C. 20555 ATTN: Chief, Docketing Service Se. tion Ivan W. Smith, Chairman Atomic Safety and Licensing Board .

U. S. Nuclear Regulatory Commission ,

N Washington, D.C. 20555

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Doctor Walter H. Jordan -J ,

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881 West Outer Drive n! ' '

Oakridge, Tenn 37830 t- f

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Doctor Linda W. Little 3. ~ #

5000 Hermitage Drive \- .s Raleigh, NC 27612 ,

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'..;7.*g,r George F. Trowbridge, Esq.

SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M. Street, N.W.

Washington, D.C. 20036 James A. Tourtellotte Office of Executive Legal Director.

U. S. Nuclear Regulatory Commission'1 O 1 C Z70 Washington, D.C. 20555 iOIJ JL/

Jordan D. Cunningham, Esq.