ML19260C406

Opposes Intervenor People Against Nuclear Energy 791129 Request for Financial Assistance to Support Intervention on Issue of Psychological Distress.Aslb Should Not Be Burdened W/Addl Procedural Responsibilities During Course of Hearing

ML19260C406
Person / Time
Site:	Three Mile Island
Issue date:	12/11/1979
From:	Trowbridge G METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7912260293
Download: ML19260C406 (7)

Text

d' December 11, 1979 P

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g dC d.Wh ';,p '

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In the Matter of A

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

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(Three Mile Island Nuclear )

Station, Unit No. 1) )

LICENSEE'S RESPONSE TO REQUEST BY PEOPLE AGAINST NUCLEAR ENERGY FOR FINANCIAL ASSISTANCE TO SUPPORT INTERVENTION ON THE ISSUES OF PSYCHOLOGICAL ~ DISTRESS On November 29, 1979, People Against Nuclear Energy (PANE) filed with the Licensing Board a request for financial assistance to support intervention on the issues of psycholog-ical distress. While the Board does not have authority to grant tais request, the Board will presumably forward the re-quest to the Commission at the time when the Board certifies to the Commission, with or without recommendations, briefs on the question as to whether the issue of psychological distress should be considered in this proceeding. Licensee requests that a copy of this response be forwarded at the same time to the Commission.

Licensee has opposed and continues to oppose Govern-ment funding of interventions in individual NRC licensing pro-ceedings. The legal and policy arguments for and against such 1618 256 3 912 260 2 9 3F

funding are well known to the Commission and need not be ad-dressed in this response. Instead we confine this response to the funding mechanism in the event funding is provided and to the importance of that mechanism in avoiding delay in this proceeding. In particular we are concerned that the Licensing Board not be burdened during the course of the hearing with additional decisional and administrative responsibilities which will interfere with its prompt resolution of other sub-stantive and procedural issues.

We begin with a reminder of the funding mechanism adopted by the Commission for the GESMO rulemaking proceeding, the only proceeding in which the Commission has laid plans for intervenor funding. In the GESMO proceeding the Commission deliberately structured the funding procedures so as to relieve the hearing board of all participation until after the conclu-sion of the hearing. This was accomplished by (a) having the Commission decide in the first instance the total appropriation to be requested for intervenor funding, (b) assigning to the Commission itself the responsibility for reviewing funding re-quests and passing on the eligibility of intervenors and (c) deferring until after the hearing any decisions on the amounts of individual intervenor compensation to be provided. Not until a' iter the hearing had been completed would the hearing board have been brought in to consult with the Commission on compensation awards based on intervenors' contribution to the 1618 257 development of the record. Financial Assistance to Partic-ipants in Commission Proceedings, CLI-76-23, 4 NRC 494, 512-514 (1976).

It is not clear from its request how PANE intends its funding mechanism to work. On its face the request (Part III at pp. 11-12) calls for funding decisions by, and finan-cial reports by intervenors to, the " Commission." It does not on its face call for any participation in funding deci-sions or administration by the Licensing Board. We recognize, however, that if the Commission decidec to fund interventions on the issue of psychological distress, the Commission may itself wish to consult with the Licensing Board before deter-mining final compensation awards, particularly if contribution to the development of a record is to be taken into account in the amount of the award or if there are competing demands among intervenors for limited funds. If so, we urge that any Licensing Board participation in funding decisions be deferred until after the Licensing Board has completed the hearing and made its recommendations to the Commission on the restart of TMI-1. This does not necessarily mean that there could be no interim financing of interventions. Partial advance payments could be authorized by the Commission on the strength of inter-venors' initial proposals. The Licensing Board would, however, be freed of participation in funding decisions until after its primary duties had been discharged.

1618 258 If and when the Commission decides to consider fund-ing of PANE's intervention on the issue of psychological dis-tress, it should in Licensee's view have before it all other funding requests by intervenors having contentions in this area. Further, such requests should be made and acted upon on a schedule which will minimize potential delay in the re-start hearing. For these reasons the Commission should set an early deadline for receipt of all requests for financial assistance on the psychological distress issue.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By h *

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[be[rge'F. Trowbridge !

Dated: December 11, 1979 1618 259 December 11, 1979 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Response to Request by People Against Nuclear Energy for Financial Assistance to Support Intervention on the Issues of Psycholog-ical Distress," dated December 11, 1979, were served upon those persons on the attached Service List, by deposit in the United States mail, postage prepaid, this lith day of December, 1979.

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mM Gdorge F. Trowbridge 1618 260 Dated: December 11, 1979

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

SERVICE LIST Ivan W. Smith, Esquire John A. Levin, Esquire Chairman Assistant Counsel Atomic Safety and Licensing Pennsylvania Public Utility Board Panel Commission U.S. Nuclear Regulatory P. O. Box 3265 -

Commission Harrisburg, Pennsylvania 17120 Washington, D.C. 20555 Karin W. Carter, Esquire Dr. Walter H Jordan Assistant Attorney General Atomic Safety and Licensing Commonwealth of Pennsylvania Board Panel 505 Executive House 881 West Outer Drive P. O. Box 2357 Oak Ridge,, Tennessee 37830 Harrisburg, Pennsylvania 17120 Dr. Linda W. Little Robert L. Knupp, Esquire Atomic Safety and Licensing Assistant Solicitor Board Panel County of Dauphin 5000 Hermitage Drive P. O. Box P Raleigh, North Carolina 27612 407 North Front Street Harrisburg, Pennsylvania 17108 James A. Tourtellotte, Esquire Office of the Executive Legal John E. Minnich Director Chairman, Dauphin County Board U.S. Nuclear Regulatory of Commissioners Commission Dauphin County Courthouse Washington, D.C. 20555 Front and Market Streets Harrisburg, Pennsylvania 17101 Docketing and Service Section Office of the Secretary Walter W. Cohen, Esrtire U.S. Nuclear Regulatory Consumer Advocate Commission Department of Justice Washington, D.C. 20555 14th Ploor, Strawberry Square Harrisburg, Pennsylvania 17127 1618 261

Jordan D. Cunningham, Esquire Karen Sheldon, Esquire Attorney for Newberry Township Sheldon, Harmon & Weiss T.M.I. Steering Committee Suite 506 2320 North Second Street 1725 Eye Street, N.W.

Harrisburg, Pennsylvania 17110 Washington, D.C. 20006 Theodore A. Adler, Esquire Robert Q. Pollard Widoff Reager Selkowitz & Adler Chesapeake Energy Alliance P. O. Box 1547 609 Montpelier Street Harrisburg, Pennsylvania 17105 Baltimore, Maryland 21218 Ellyn Weiss, Esquire Chauncey Kepford Sheldon, Harmon & Weiss Judith H. Johnsrud Suite 506 Environmental Coalition on 1725 Eye Street, N.W. Nuclear Power Washington, D.C. 20006 433 Orlando Avenue State College, Pennsylvania 16801 Steven C. Sholly 304 South Market Street Marvin I. Lewis Mechanicsburg, Pennsylvania 17055 6504 Bradford Terrace .

Philadelphia, Pennsylvania 19149 Frieda Berryhill Chairman, Coalition for Nuclear Marjorie M. Aamodt Power Plant Postponement R. D. 5

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2610 Glendon Drive Coatesville, Pennsylvania 19320 Wilmington, Delaware 19808 Holly S. Keck Legislation Chairman Anti-Nuclear Group Representing York 245 West Philadelphia Street York, Pennsylvania 17404 1618 262 O

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