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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20210B8491999-07-21021 July 1999 Exemption from Certain Requirements of 10CFR50.54(w),for Three Mile Island Nuclear Station Unit 2 to Reduce Amount of Insurance for Unit to $50 Million for Onsite Property Damage Coverage ML20206D4141999-04-20020 April 1999 Exemption from Requirements of 10CFR50,App R,Section III.G.2 Re Enclosure of Cable & Equipment & Associated non-safety Related Circuits of One Redundant Train in Fire Barrier Having 1-hour Rating ML20206T7211999-02-11011 February 1999 Memorandum & Order (CLI-99-02).* Denies C George Request for Intervention & Dismisses Subpart M License Transfer Proceeding.With Certificate of Svc.Served on 990211 ML20198A5111998-12-11011 December 1998 Comment Opposing Proposed Rule 10CFR50.65 Re Requirements for Monitoring Effectiveness of Maintenance at Nuclear Power Plants.Proposed Rulemaking Details Collaborative Efforts in That Rule Interjects Change ML20154G2941998-09-17017 September 1998 Transcript of 980917 Public Meeting in Rockville,Md Re License Transfer of TMI-1 from Gpu Nuclear,Inc to Amergen. Pp 1-41 ML20199J0121997-11-20020 November 1997 Comment on Pr 10CFR50 Re Financial Assurance Requirements for Decommisioning Nuclear Power Reactors.Three Mile Island Alert Invokes Comments of P Bradford,Former NRC Member ML20148R7581997-06-30030 June 1997 Comment on NRC Proposed Bulletin 96-001,suppl 1, Control Rod Insertion Problems. Licensee References Proposed Generic Communication, Control Rod Insertion, & Ltrs & 961022 from B&W Owners Group ML20078H0431995-02-0101 February 1995 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & Lowpower Operations for Nuclear Reactors ML20077E8231994-12-0808 December 1994 Comment Supporting Proposed Rules 10CFR2,51 & 54 Re Rev to NRC NPP License Renewal Rule ML20149E2021994-04-20020 April 1994 R Gary Statement Re 10 Mile Rule Under Director'S Decision DD-94-03,dtd 940331 for Tmi.Urges Commissioners to Engage in Reconsideration of Author Petition ML20065Q0671994-04-0707 April 1994 Principal Deficiencies in Director'S Decision 94-03 Re Pica Request Under 10CFR2.206 ML20058A5491993-11-17017 November 1993 Exemption from Requirements in 10CFR50.120 to Establish, Implement & Maintain Training Programs,Using Sys Approach to Training,For Catorgories of Personnel Listed in 10CFR50.120 ML20059J5171993-09-30030 September 1993 Transcript of 930923 Meeting of Advisory Panel for Decontamination of TMI-2 in Harrisburg,Pa.Pp 1-130.Related Documentation Encl ML20065J3461992-12-30030 December 1992 Responds to Petition of R Gary Alleging Discrepancies in RERP for Dauphin County,Pa ML20065J3731992-12-18018 December 1992 Affidavit of Gj Giangi Responding to of R Gary Requesting Action by NRC Per 10CFR2.206 ML20198E5581992-12-0101 December 1992 Transcript of Briefing by TMI-2 Advisory Panel on 921201 in Rockville,Md ML20210D7291992-06-15015 June 1992 Exemption from Requirements of 10CFR70.24 Re Criticality Accident Requirements for SNM Storage Areas at Facility Containing U Enriched to Less than 3% in U-235 Isotope ML20079E2181991-09-30030 September 1991 Submits Comments on NRC Proposed Resolution of Generic Issue 23, Reactor Coolant Pump Seal Failure. Informs That Util Endorses Comments Submitted by NUMARC ML20066J3031991-01-28028 January 1991 Comment Supporting SECY-90-347, Regulatory Impact Survey Rept ML20059P0531990-10-15015 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N5941990-10-0404 October 1990 Transcript of 900928 Public Meeting in Rockville,Md Re Studies of Cancer in Populations Near Nuclear Facilities, Including TMI ML20055F4411990-06-28028 June 1990 Comment Supporting Petition for Rulemaking PRM-50-55 Re Revs to FSAR ML20248J1891989-10-0606 October 1989 Order.* Grants Intervenors 891004 Motion for Permission for Opportunity to Respond to Staff Correspondence.Response Requested No Later That 891020.W/Certificate of Svc.Served on 891006 ML20248J1881989-10-0303 October 1989 Motion for Permission for Opportunity to Respond to Staff Correspondence in Response to Board Order of 890913.* Svc List Encl ML20248J0301989-09-29029 September 1989 NRC Staff Response to Appeal Board Order.* Matters Evaluated in Environ Assessment Involved Subjs Known by Parties During Proceeding & Appear in Hearing Record & Reflect Board Final Initial Decision LBP-89-7.W/Certificate of Svc ML20247E9181989-09-13013 September 1989 Order.* Requests NRC to Explain Purpose of 890911 Fr Notice on Proposed Amend to Applicant License,Revising Tech Specs Re Disposal of Accident Generated Water & Effects on ASLB Findings,By 890929.W/Certificate of Svc.Served on 890913 ML20247G0361989-07-26026 July 1989 Transcript of Oral Argument on 890726 in Bethesda,Md Re Disposal of accident-generated Water.Pp 1-65.Supporting Info Encl ML20247B7781989-07-18018 July 1989 Certificate of Svc.* Certifies Svc of Encl Gpu 890607 & 0628 Ltrs to NRC & Commonwealth of Pa,Respectively.W/Svc List ML20245D3651989-06-20020 June 1989 Notice of Oral Argument.* Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from ASLB 890202 Initial Decision Authorizing OL Amend,Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890620 ML20245A5621989-06-14014 June 1989 Order.* Advises That Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from Board 890202 Initial Decision LBP-89-07 Authorizing OL Amend Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890614 ML20247F3151989-05-22022 May 1989 NRC Staff Response to Appeal by Joint Intervenors Susquehanna Valley Alliance/Tmi Alert.* Appeal Should Be Denied Based on Failure to Identify Errors in Fact & Law Subj to Appeal.W/Certificate of Svc ML20246Q2971989-05-15015 May 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20246J6081989-05-12012 May 1989 Licensee Brief in Reply to Joint Intervenors Appeal from Final Initial Decision.* ASLB 890203 Final Initial Decision LBP-89-07 Re Deleting Prohibition on Disposal of accident- Generated Water Should Be Affirmed.W/Certificate of Svc ML20247D2761989-04-20020 April 1989 Transcript of 890420 Briefing in Rockville,Md on Status of TMI-2 Cleanup Activities.Pp 1-51.Related Info Encl ML20244C0361989-04-13013 April 1989 Order.* Commission Finds That ASLB Decision Resolving All Relevant Matters in Favor of Licensee & Granting Application for OL Amend,Should Become Effective Immediately.Certificate of Svc Encl.Served on 890413 ML20245A8381989-04-13013 April 1989 Transcript of Advisory Panel for Decontamination of TMI-2 890413 Meeting in Harrisburg,Pa.Pp 1-79.Supporting Info Encl ML20245A2961989-04-13013 April 1989 Transcript of 890413 Meeting in Rockville,Md Re Affirmation/Discussion & Vote ML20248H1811989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* W/Certificate of Svc.Served on 890411.Granted for Aslab on 890410 ML20248G0151989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* Requests to File Appeal Brief 1 Day Late Due to Person Typing Document Having Schedule Problems ML20248G0261989-04-0606 April 1989 Susguehanna Valley Alliance/Tmi Alert Brief in Support of Notification to File Appeal & Request for Oral Argument Re Appeal.* Certificate of Svc Encl ML20248D7211989-04-0404 April 1989 Memorandum & Order.* Intervenors Application for Stay Denied Due to Failure to Lack of Demonstrated Irreparable Injury & Any Showing of Certainty That Intervenors Will Prevail on Merits of Appeal.W/Certificate of Svc.Served on 890404 ML20247A4671989-03-23023 March 1989 Correction Notice.* Advises That Date of 891203 Appearing in Text of Commission 890322 Order Incorrect.Date Should Be 871203.Certificate of Svc Encl.Served on 890323 ML20246M2611989-03-22022 March 1989 Order.* Advises That Commission Currently Considering Question of Effectiveness,Pending Appellate Review of Final Initial Decision in Case Issued by ASLB in LBP-89-07. Certificate of Svc Encl.Served on 890322 ML20236D3821989-03-16016 March 1989 Valley Alliance & TMI Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of 2.3 Million Gallons Of....* Certificate of Svc Encl.Served on 890316.Granted for Aslab on 890316 ML20236D3121989-03-15015 March 1989 Licensee Answer to Joint Intervenors Motion for Extension of Time to File Brief on Appeal.* Motion Opposed Based on Failure to Demonstrate Good Cause.W/Certificate of Svc ML20236D2901989-03-11011 March 1989 Valley Alliance/Tmi Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of Disposal of 2.3 Million Gallons of Radioactive Water at Tmi,Unit 2.* Svc List Encl ML20236A3761989-03-0808 March 1989 Licensee Answer Opposing Joint Intervenors Motion for Stay.* Stay of Licensing Board Decision Pending Appeal Unwarranted Under NRC Stds.Stay Could Delay Safe,Expeditious Cleanup of Facility.Certificate of Svc Encl ML20236C2441989-03-0808 March 1989 NRC Staff Response in Opposition to Application for Stay Filed by Joint Intervenors.* Application for Stay of Effectiveness of Final Initial Decision LBP-89-07,dtd 890202 Should Be Denied.W/Certificate of Svc ML20235V2641989-03-0202 March 1989 Notice of Aslab Reconstitution.* TS Moore,Chairman,Cn Kohl & Ha Wilber,Members.Served on 890303.W/Certificate of Svc ML20235V2161989-02-25025 February 1989 Changes & Corrections to Susquehanna Valley Alliance/Three Mile Island Alert Documents Submitted on 890221.* Certificate of Svc Encl 1999-07-21
[Table view] Category:PLEADINGS
MONTHYEARML20065J3461992-12-30030 December 1992 Responds to Petition of R Gary Alleging Discrepancies in RERP for Dauphin County,Pa ML20248J1881989-10-0303 October 1989 Motion for Permission for Opportunity to Respond to Staff Correspondence in Response to Board Order of 890913.* Svc List Encl ML20248J0301989-09-29029 September 1989 NRC Staff Response to Appeal Board Order.* Matters Evaluated in Environ Assessment Involved Subjs Known by Parties During Proceeding & Appear in Hearing Record & Reflect Board Final Initial Decision LBP-89-7.W/Certificate of Svc ML20248H1811989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* W/Certificate of Svc.Served on 890411.Granted for Aslab on 890410 ML20248G0261989-04-0606 April 1989 Susguehanna Valley Alliance/Tmi Alert Brief in Support of Notification to File Appeal & Request for Oral Argument Re Appeal.* Certificate of Svc Encl ML20248G0151989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* Requests to File Appeal Brief 1 Day Late Due to Person Typing Document Having Schedule Problems ML20236D3821989-03-16016 March 1989 Valley Alliance & TMI Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of 2.3 Million Gallons Of....* Certificate of Svc Encl.Served on 890316.Granted for Aslab on 890316 ML20236D3121989-03-15015 March 1989 Licensee Answer to Joint Intervenors Motion for Extension of Time to File Brief on Appeal.* Motion Opposed Based on Failure to Demonstrate Good Cause.W/Certificate of Svc ML20236D2901989-03-11011 March 1989 Valley Alliance/Tmi Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of Disposal of 2.3 Million Gallons of Radioactive Water at Tmi,Unit 2.* Svc List Encl ML20236A3761989-03-0808 March 1989 Licensee Answer Opposing Joint Intervenors Motion for Stay.* Stay of Licensing Board Decision Pending Appeal Unwarranted Under NRC Stds.Stay Could Delay Safe,Expeditious Cleanup of Facility.Certificate of Svc Encl ML20236C2441989-03-0808 March 1989 NRC Staff Response in Opposition to Application for Stay Filed by Joint Intervenors.* Application for Stay of Effectiveness of Final Initial Decision LBP-89-07,dtd 890202 Should Be Denied.W/Certificate of Svc ML20235N1621989-02-20020 February 1989 Application for Stay of Effectiveness of Final Initial Decision LBP-89-07 Dtd 890202.* Licensee Would Not Be Harmed by Granting of Stay ML20205D8451988-10-24024 October 1988 Licensee Motion to Strike Portions of Proposed Testimony of Kz Morgan.* Proposed Testimony Should Be Ruled to Be Not Admissible as Evidence in Upcoming Hearing.Supporting Info & Certificate of Svc Encl.W/Copyrighted Matl ML20205D6801988-10-20020 October 1988 Valley Alliance/Tmi Alert Notification to Parties That Kz Morgan Apps to Testimony Should Be Accepted as Exhibits.* Apps Listed.Svc List Encl.Related Correspondence ML20155G9981988-10-0404 October 1988 Valley Alliance/Tmi Alert Motion for Reconsideration of Part of Judge Order (880927) Re Limited Appearance Statements by Public.* Certificate of Svc Encl ML20155G9921988-10-0404 October 1988 Valley Alliance/Tmi Alert Motion to Submit Witness Testimony as Evidence W/O cross-exam at Hearing in Lancaster.* Requests That Cw Huver Testimony Be Accepted as Evidence ML20151S0261988-07-28028 July 1988 Valley Alliance/Tmi Alert Response to Licensee Notification of Typo in Bid Procurement Document.* Explanation for Change in Document Inadequate.W/Svc List ML20196G7801988-06-23023 June 1988 Motion of NRC Staff for Leave to File Response Out of Time.* Encl NRC Response in Support of Licensee Motion for Summary Disposition Delayed Due to Equipment Problems ML20196G9051988-06-23023 June 1988 NRC Staff Response in Support of Licensee Motion for Summary Disposition.* Motion Should Be Granted on Basis That No Genuine Issue Before ASLB or to Be Litigated.Supporting Documentation & Certificate of Svc Encl ML20196B5091988-06-20020 June 1988 Valley Alliance/Tmi Alert Response to Licensee Motion or Summary Disposition on Contentions 1-4,5d,6 & 8.* Affidavits of Kz Morgan,R Piccioni,L Kosarek & C Huver & Supporting Documentation Encl ML20154E2301988-05-16016 May 1988 Licensee Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard (Contentions 1,2,3 & 8).* ML20154E2081988-05-16016 May 1988 Licensee Motion for Summary Disposition on Alternatives (Contentions 1,2,3 & 8).* Motion Should Be Granted Based on Licensee Meeting Burden of Showing That Alternatives Not Superior to Licensee Proposal ML20154E3491988-05-16016 May 1988 Licensee Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard (Contention 5d).* ML20154E2851988-05-16016 May 1988 Licensee Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard (Contentions 4b in Part & 6 on Chemicals).* ML20154E3251988-05-16016 May 1988 Licensee Motion for Summary Disposition of Contention 5d.* Motion Should Be Granted in Licensee Favor ML20154E2681988-05-16016 May 1988 Licensee Motion for Summary Disposition of Contentions 4b in Part & 6 (Chemicals).* Licensee Entitled to Decision in Favor on Contentions & Motion Should Be Granted ML20154E1631988-05-0909 May 1988 Licensee Statement of Matl Facts as to Which No Genuine Issue to Be Heard (Contentions 4b in part,4c & 4d).* Lists Matl Facts for Which No Genuine Issue Exists ML20154E1281988-05-0909 May 1988 Licensee Motion for Summary Disposition of Contentions 4b (in part),4c & 4d.* Requests That Motion for Summary Disposition Be Granted on Basis That No Genuine Issue of Matl Fact Exists to Be Heard Re Contentions ML20154E1761988-05-0909 May 1988 Licensee Memorandum of Law in Support of Motions for Summary Disposition.* Requests Ample Notice Should Board Decide to Deny Summary in Part or in Whole ML20151E9491988-04-0707 April 1988 Licensee Answer to Intervenor Motion for Order on Production of Info on Disposal Sys Installation & Testing.* Intervenor 880330 Motion Should Be Denied Due to Insufficient Legal Basis.W/Certificate of Svc ML20150F9821988-04-0101 April 1988 Licensee Answer to Intervenors Motion to Compel Discovery.* Motion Should Be Denied on Basis That Licensee Responded Fully to Discovery Request.Certificate of Svc Encl ML20148P3931988-03-30030 March 1988 Valley Alliance & TMI Alert Motion to Request That Presiding Judge Order Gpu Nuclear to Provide Addl Info & Clarify Intentions to Install Test & Conduct Experiments W/Evaporator Prior to Hearings.* ML20196D2801988-02-12012 February 1988 NRC Staff Response to Motion by TMI Alert/Susquehanna Valley Alliance for Extension of Discovery.* Motion Should Be Denied.Certificate of Svc Encl ML20196D3541988-02-10010 February 1988 Licensee Response Opposing Susquehanna Valley Alliance/Tmi Alert Intervenor Motion for Extension of Time for Discovery.* Joint Intervenors Failed to Show Good Cause for Extension of Time for Discovery.Certificate of Svc Encl ML20148D4661988-01-19019 January 1988 Licensee Objection to Special Prehearing Conference Order.* Board Requested to Clarify 880105 Order Consistent W/ Discussed Description of Board Jurisdiction & Scope of Proceeding.W/Certificate of Svc ML20236N9081987-11-0505 November 1987 Joint Motion for Approval of Settlement Agreement & for Termination of Proceeding.* Termination of Proceeding Should Be Granted ML20235F3651987-09-23023 September 1987 Util Response Opposing NRC Staff Motion to Rescind Protective Order.* Response Opposing Protective Order Guarding Confidentiality of Document Re Methodology of Bechtel Internal Audit Group ML20235B3911987-09-18018 September 1987 NRC Staff Motion for Extension of Time.* Staff Requests Short Extension of Time Until 870925 to File Responses to Pending Petitions.Certificate of Svc Encl ML20235F4401987-09-18018 September 1987 Util Supplemental Response to NRC Staff First Request for Admissions.* Util Objects to Request as Vague in Not Specifying Time Frame or Defining Proprietary, Pecuniary.... W/Certificate of Svc.Related Correspondence ML20238E6001987-09-0404 September 1987 NRC Staff Motion to Rescind Protective Order.* Protective Order Should Be Rescinded & Presiding Officer Should Take Further Action as Deemed Appropriate.W/ Certificate of Svc ML20238E6391987-09-0303 September 1987 Commonwealth of PA Statement in Support of Request for Hearing & Petition to Participate as Interested State.* Susquehanna Valley Alliance 870728 Request for Hearing, Notice of Appearance & Certificate of Svc Encl ML20237J9931987-08-12012 August 1987 Joint Gpu & NRC Staff Motion for Protective Order.* Order Will Resolve Discovery Dispute ML20237K0431987-08-11011 August 1987 Gpu Response Opposing Parks Motion to Quash Subpoena Duces Tecum.* Exhibits & Certificate of Svc Encl ML20236P1871987-08-0505 August 1987 Formal Response of Rd Parks to Subpoena Duces Tecum of Gpu &/Or,In Alternative,Motion to Quash/Modify Subpoena Due to Privileged Info.* Documents Are Communications Protected by Atty/Client Privilege.Certificate of Svc Encl ML20236E7101987-07-28028 July 1987 Joint General Public Utils Nuclear Corp & NRC Staff Motion for Protective Order.* Adoption & Signature of Encl Proposed Order Requested ML20216J7871987-06-29029 June 1987 Opposition of Gpu Nuclear Corp to Aamodt Motion for Reconsideration.* Motion Asserts Board Did Not Consider Important Evidence on Leakage at TMI-2.W/Certificate of Svc ML20216D2311987-06-23023 June 1987 Response of Jg Herbein to Aamodt Request for Review & Motion for Reconsideration.* Opportunity for Comment Should Come After NRC Has Made Recommendations to Commission.Certificate of Svc Encl ML20215J8981987-06-19019 June 1987 Response of Numerous Employees to Aamodt Request to File Comments on Recommended Decision.* Numerous Employees Do Not Agree W/Aamodt That Recommended Decision Is Greatly in Error.Certificate of Svc Encl ML20215K2121987-06-17017 June 1987 (Motion for reconsideration,870610).* Corrections to Pages 3 & 4 Listed ML20215J7551987-06-15015 June 1987 Gpu Response to Motion to Quash Subpoena.* Dept of Labor 870601 Motion to Quash Subpoena Served on D Feinberg Should Be Denied.W/Certificate of Svc 1992-12-30
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UNITED STATES OF AMERICA -rd '
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
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(Three Mile Island Nuclear }
Station, Unit No. 1) )
LICENSEE'S RESPONSE TO CEA OMNIBUS MOTION TO THE BOARD At the Second Special Prehearing Conference, on February 13, 1980, Chesapeake Energy Alliance (CEA) filed, inter alia, a pleading entitled "CEA Omnibus Motion To The Board" (" Omnibus Motion"). In that motion, CEA includes one general and five more specific requests for relief. Licensee responds herein to CEA's motions.
CEA first moves that "the Board, whenever its readings of the Commission's August 9th Order appears to limit the appro-priate due consideration in interpreting regulations and regulatory policies in a manner that will tend to inhibit the development of a full and adequate record, promptly seek the guidance of the Commission by certifying the matter to its attention." Omnibus Motion, p. 2. Such a motion is overly broad, so prospective as to be unripe, and otherwise 8003050IG5ep
insufficiently specific as to the precise relief requer,ted and the need for any such relief in the context of a particular situation. Licensee therefore opposes the motion, noting that CEA may in the future renew its motion with respect to a particular factual ~ situation, if appropriate, in accordance with the requirements of 10 C.F.R. Part 2.
. Discovery scheduling, the subject of CEA's specific motion number 1, was one of the matters addressed by the parties at the Second Special Prehearing Conference on February 13, 1980, Tr. at pp. 1516-17, 1538-42, 1548-1614, 1639-81, and the Board has ruled on the matter. Tr. at pp. 1640, 1656, 1677 and, especially, 1680-81. The Board's ruling disposes of CEA's motion, and is embodied in the Board's " Memorandum On Revised Discovery Schedule" (February 20, 1980).
CEA's second specific motion requests that the Board formally admit CEA's contentions 2(b), 2(c), 2(d) and 3, on which the Board had deferred ruling pending CEA's revision of those contentions after review of Licensee's revised emergency plan. CEA further requests " suitable provisions for discovery" upon admission of the contentions. In its " Interim Order on Late Filed Emergency Planning Contentions" (February 15, 1980),
at page 4, the Board rejects CEA's contentions 2(b), 2(c), and 2(d) for default. The Board's February 15 Order does not rule upon CEA's contention 3, which should be rejected for the same reasons that contentions 2(b), 2(c), and 2(d) have been rejected.
CEA's th:.rd specific motion is a request that "the Board re-consider (sic], and in the alternative, certify to the Commission, the matter of intervenor's funding." Omnibus Motion, p. 2. This matter has been raised and argued rceected-ly,1 and the Board has ruled on the subject at least twice.
See "Memcrandum and Order" (October 15, 1979), sl. op. at pp.
6-7 (denying CEA's " indirect request for intervenor funding" and disposing of requests of Sholly, Lewis and ECNP for intervenor funding) and " Memorandum and Order Denying Motions By TMIA and ANGRY" (October 31, 1979), nl. op. at pp. 1-2 1 See, e.g., " Supplement To Motion (of CEA] To Modify Memorandum and Order Setting Special Prehearing Conference" (September 28, 1979) (pp. 4-6); "NRC Staff Response To Motions Filed By CEA To Amend Memorandum and Order" (October 9, 1979)
(pp. 8-9); " Licensee's Answer To Motion To Modify Memorandum and Order Setting Special Prehearing Conference, And Supplements Thereto, By Chesapeake Energy Alliance, Inc."
(October 10, 1979) (pp. 4-5); "A.N.G.R.Y. Motion For certification To The Commission of Issues Regarding Intervenor Compensation, Clarification of Matters To Be Considered and For Relief From Requirements of 10 C.F.R. 2.708(d)" (October 5, 1979) (pp. 1-2); "NRC Staff Response To October 5, 1979 ANGRY Motion" (October 24, 1979) (p. 2); " Petition To Seek NRC Funding For Consumer Intervenors To Finance Witness Expenses" (undated, postmarked November 1, 1979) (filed with the Commission); "NRC Staff Response To Petition To Seek NRC Funding For Consumer Intervenors" (November 21, 1979)(filed with the Commission); " People Against Nuclear Energy Request For Financial Assistance To Support Intervention On The Issues of Psychological Distress" (November 29, 1979); November 30, 1979 letter from Ms. Aamodt to Board, at pp. 2-3; "Brief of Consumer Advocate of Pennsylvania In Support of Consumer Advocate's Petition To Seek NRC Funding For Intervenor Witnesses" (December 3, 1979)(filed with the Commission);
" Licensee's Response To Request By People Against Nuclear Energy For Financial Assistance To Support Intervention On The Issues of Psychological Distress" (December 11, 1979); "NRC Staff Response To PANE Request For Financial Assistance" (December 19, 1979); and " People Against Nuclear Energy Request For Expedited Decision on Request For Financial Assistance" (February 1, 1980). See also, First Special Prehearing Conference (November 8-9, 1979), Tr. at pp.97-104, 111-114, and 291-92ff.
(denying ANGRY's 10/5/79 motion that Board certify to the Commission the question of the appropriateness of financial assistance to all intervenors, regardless of the issues they raise). See also, " Certification To The Commission on Psychological Distress Issues" (February 22, 1980). In its October 31, 1979 Order, the Board noted:
In our memorandum and order of October 15 denying CEA's request (for intervenor funding] we observed that the Commission has expressed a policy against general intervenor funding . . . [I]n this proceeding, the Commission exercised its discretion to make an exception to that policy by holding open the possibility of intervenor funding on the issue of psychological distress . . . By expressly considering that possible exception the inference must be drawn that the Commission had considered the possibility of general intervenor funding and decided to limit its consideration to funding on psychological issues. For these reasons we believe that no purpose would be served by certifying the issues.
" Memorandum and Order Denying Motions By TMIA and ANGRY" (October 31, 1979), sl. op. at p. 2. This reasoning also supports a decision not to certify the question to the Commission now, since the Commission has already addressed the issue, both as a general policy matter and in the context of fashioning its " Order and Notice of Hearing" (August 9, 1979) in this proceeding.
CEA's reliance upon the " Memorandum For The Heads of Executive Departments and Agencies" (May 16, 1979) issued by the President and upon Executive Order 12044 (referenced in the Pcesident's Memorandum) as support for CEA's motion is
_4_
misplaced. As counsel for Licensee noted at the November 9, 1979 cession of the First Special Prehearing Conference, Executive Order 12044 is expressly applicable only to rulemaking proceedings and is - by its terms - limited to executive agencies, and is not applicable to independent regulatory agencies such as the NRC. Tr. at pp. 291-92 ff.
CEA's reliance upon Task IV.E.1 of NUREG-0660, " Action Plans For Implementing Recommendations of The President's Commission and Other Studies of TMI-2 Accident" (Draft) is similarly misplaced. First, NUREG-0660 is still in draft form and does not, as yet, reflect a firm change in any Commission policy on intervenor funding. Moreover, even the fiscal 1981 budget request referenced in Task IV.E.1 is for a " pilot program" which apparently does not contemplate funding of all intervenors in the hearing process. Finally, even a change in Commission policy, funding intervenors under certain circums-tances beginning in fiscal year 1981, is not necessarily indicative of any change in the reasoning underlying the Commission's August 9 Order in this proceeding limiting consideration of funding to those intervenors raising psycho-logical distress issues. It can be implied with equal ease that, if the Commission wishes to provide intervenor funding generally, or even general intervenor funding in this jroceed-ing, it will have the opportunity to expressly so provide in its revisions to NUREG-0660.
CEA's reliance upon "Three Mile Island: A Report To The Commissioners and To The Public" (January 1980)("the Rogovin Report") is also misplaced. The "Rogovin Report" recommenda-tion on inter"enor funding includes the observation that:
If citizens or groups contribute materially to rulemaking or licensing efforts by pressing significant concerns that are not being urged by other parties, they should be reimbursed for their expense . . . .
[Cjitizen and public interest groups general-ly have not been and will not be interested in very many genuine technical reactor safety issues, particularly in individual licensing proceedings . . . . Nonetheless, intervenors have made an important impact on safety in some instances . . . . [T]he risk of providing grants of public money to those who actually seek only delay can be very substan-tially reduced by strict requirements that (1) funding be conditioned upon the inter-venor propounding nonfrivolous issues that are not being effectively advanced by others "Rogovin Report," pp. 143-44 [ emphasis in the original). Thus, neither NUREG-0660 (in its draft form) nor the "Rogovin Report" support the sort of general intervenor funding which CEA urges in its motion. The reasoning expressed by the Board in its October 15, 1979 and October 31, 1979 Orders therefore stands, and no purpose would be served by certifying the issue to the Commission. Accordingly, CEA's motion should be denied.
Intervenor discovery from the Staff, the subject of CEA's specific motion number 4, was also discussed at the Second Special Prehearing Conference. Tr. at pp. 1550-52, 1612-37, and 1714-20. The Staff has indicated that it " intend [s] to answer every interrogatory that is submitted . . . as fully as
. . . (it] can and as soon as . . . (it] can; provided that they [the interrogatories] are not objectionable." Tr. at p.
1626. The Staff reiterated that it will not insist that intervenors " follow the regulations on how you get inter-rogatories to the Staff through the Board." Tr. at pp. 1626, also 1714-20. The Staff's commitment on the record obviates the premise for CEA's motion ("the possibility that [the Staff]
. . . will hide behind rules to limit the discovery it provides to Intervenors," Omnibus Motion, p. 2), and thereby eliminates any need for the Board's intervention in the matter.
CEA's final specific motion proposes "the promulgation of a uniform system of assigning document identification to all filings." Though CEA's proposal is an imaginativt cre, (and possibly workable for intervenors with experience in document management such as CEA's representative, a librarian), Licensee fears that the adoption of such a system would lead either to confusion as intervenors individually adopt differing abbrevia-tions for the titles of documents, or to delay, if some entity (such as the Board) were to assume responsibility for desig-nating a uniform abbreviation for the title of each of the hundreds of documents referenced in this proceeding. Moreover, the parties in this proceeding generally refer to a document or pleading only once by its full title in a filing, and thereaf-ter refer to the document or pleading by an abbreviated title, so that the greater.t advantage of the system proposed by CEA -
ease in citing a document previously referenced - is already realized by the ad hoc " system" currently used by the parties to the proceeding. Finally, CEA has not described how such a system would assist CEA "in organizing and keeping track of the documents in a systematic and effective manner." Omnibus Motion, p. 3. To the extent that CEA has such document organization problems, denial of its motion will not in any way restrict its right to organize its own documents as it proposes. For that matter, other parties will be free to adopt CEA's proposed system, if they so desire. Accordingly, because there is such potential for confusion and/or delay in CEA's proposed system, and because the greatest benefit of the proposed system is already being realized by the ad hoc
" system" currently used by the parties, Licensee opposes CEA's motion.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By: A
Y ' G9 6rge F. Trowbridge/
Dated: February 22, 1980 February 22, 1980 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
METROPOLITAN EDISON COMPANY ) Dockti No. 50-289
) (Restart)
(Three Mile IJland Nuclear )
Station, Unit No. 1) )
CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Response To CEA Omnibus Motion To The Board" were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 21st day of February, 1980.
m ausA.d V Geofge F. Trowbridge /
Dated: February 22, 1980
UNITED STATES OF AMERICA NUCLEAR REGULATCRY 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 Comm'n Board Panel Post Office Box 3265 U.S. Nuclear Regulatory Commission Harrisburg, Pennsylvania 17120 Washington, D.C. 20555 Karin W. Carter, Esquire Dr. Walter H. Jordan Assistani Attorney General Atomic Safety and Licensing 505 Executive House Board Panel Post Office Box 2357 881 West Outer Drive Harrisburg, Pennsylvania 17120 Oak Ridge, Tennessee 37830 John E. Minnich Dr. Linda W. Little Chairman, Dauphin County Board Atomic Safety and Licensing of Commissioners Board Panel Dauphin County Courthouse 5000 Hermitage Drive Front and Market Streets Raleigh, North Carolina 27612 Harrisburg, Pennsylvania 17101 James R. Tourtellotte, Esquire (4) Walter W. Cohen, Esquire Office of the Executive Legal Director Consumer Advocate U. S. Nuclear Regulatory Commission Office of Consumer Advocate Washington, D.C. 20555 14th Floor, Strawberry Square Harrisburg, Pennsylvania 17127 Docketing and Service Section (21)
Office of the Secretary U. S. Nuclear Regulatory Commission W;shington, D.C. 20555
Jordan D. Cunningham, Esquire Karin P. Sheldon, Esquire Attorney for Newberry Township Attorney for People Against Nuclea T.M.I. Steering Committee Energy 2320 North Second Street Sheldon, Harmon & Weiss Harrisburg, Pennsylvania 17110 1725 Eye Street, N.W., Suite 506 Washington, D.C. 20006 Theodore A. Adler, Esquire Widoff Reager Selkowitz & Adler Robert Q. Pollard Post Office Box 1547 Chesapeake Energy Alliance Harrisburg, Pennsylvania 17105 609 Montpelier Street Baltimore, Maryland 21218 Ellyn R. Weiss, Esquire Attorney for the Union of Concerned Chauncey Kepford Scientists Judith H. Johnsrud Sheldon, Harmon & Weiss Environmental Coalition on Nuclear 1725 Eye Street, N.W., Suite 506 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 Gail Bradford Holly S. Keck Marjorie M. Aamodt Legislation Chairman R. D. 5 Anti-Nuclear Group Representing York Coatesville, Pennsylvania 19320 245 West Philadelphia Street York, Pennsylvania 17404