ML19305E150

Clarification of Intervenor 800306 Suppl to Omnibus Motion. Urges ASLB to Grant Financial Assistance Due to Intervenor Lack of Resources to Contribute Effectively to Psychological Distress Issue.Certificate of Svc Encl

ML19305E150
Person / Time
Site:	Three Mile Island
Issue date:	03/24/1980
From:	Pollard R CHESAPEAKE ENERGY ALLIANCE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8004230039
Download: ML19305E150 (4)

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g (Th:ce Mile Inland, Unit 1) ) H* *0'T oc 6 5 b-CF2 CLARIFICATION CF ITS SUPPLEMENT TO C)'SI3*Js XGTI'2; TC THE BCAA3 GA received the Board's March 13 Memorandun And Crjer On GA .. (5e 3/11/90) on Saturday, March 20, and is hemby clarifying its Supplement to 0.nibus

- Motion to the Board (GA 0MB -80.03 06) at the earliest possible date."?cr GA has not yet received the Boani'c March 11 Memorandu, and Order (3d 03/11/FC) that is referred to in Bd 3/13/80. and GA felt that it would be pmdent to have access to that document prior to responding to 33 3/13/80 3d 3/11/80 was read to GA on the phone today by NRC Counsel Lucinda Swartz fellcwing GA'r request to her.

CSA requests, Intervenor Funding (IF),te permit it to rarticipate in these preccedings. pursuant te (either of) two authorities, inter alia, namely:

(1) The impact that GA's lack of resources will have en its ability to centribute effectively to t,ho record, in conjuncticn with the Connissien's power te grant IF, upon certification er referral to it by the Board en the authority of Modified Adjudicatory Procedures (7590-01), as cited in GA: 0MB -80.02.13 at 2.

(2) By virtue of CEA having raised a Psychological Distress (PD) contention (correctly identified by the Board as its Contenticn 4), and the Cc mir.sion's decision to consider 'whether it can and should grant financial assistance to parties seektng to raise these (PD) issues in this case" in its August 9 order.

A literal construction of the Con.insion's above cited language does not limit the provision of financial assistance for the litigation of the PD issues alone, and would allow for the Conniscien to decide to grant general financial assistance (for all contentions) to a party

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raising a FD issue. Absent the Connission having stated its reasons for considering whether to grant financial assistance to pF.rties raising PD issues, it would be improper to rula out the literal eenstructicn noted above.

As to the question as to why GA had not presented the above interpretation of the Comnission's language before doing sc in its Suppler.ent to the Omnibus Motion, the explanation is twofold: firstly, GA had what turned out to be pg unrealistic expectation that the Scard would reeegnize the merits of CA's earlier requests for general IF, and would not feel .

i itself so constrained by the limits of the Conmissien's August o C-der; sec ondly, the above interpretation did not become evidert to GA until

! it was it was preparing its Supplement to CMB, with. the realization that l

this mest likely would be the final opportunity to present arguments to the Board on the matter of IF, hence no stone was left unturned by GA 8004g o'SQ

• • Note that GA has not yet received a Certificate of Service for 3d /13 hence is not able to deternine tif five days have elapsed since Service /80, .

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O S] & a $ {' y in its search for support for its arguments for IF. Ironically, the Board contributed to GA's thoroughness by its denial of A's Motion to Permit Oral Argument en the Omnibus Motion, and it was not vntil after the denial of that Motion that GA recognized the strict interpretation of the August 9 Order.

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GA can not, in any ca.se, be faulted for any tardiness in raising ti e issue of IF, having raised it before any other party did so, and having consistently and forthrightly sought to have it resolved.

Indeed, had the Beani shown greater responsiveness to the predicanent of GA (and other parties) being without financial resources,at an earlier stage, and made more attempts to find a resolution, it is '

likely that the above interpretation of the Commissions's Order would

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have been uncbvered. at an earlier point.

On the matter of GA's discovery in respect to its PD csntention, f4, CA rates that the Bean!'s 2/29/80 Order gives GA until March 26 to file such disovvery, and GA intends to file disecvery requests by that time.

Like the Board, GA had inadvertently overlooked the emergency planning component of contention 4, however, it was the psychological distress aspect of the esntention that had been central in GA's criginal canception of that contention.

GA intends to submit, for the benefit of the Commission in interpreting and having acsess to the references cited it the Supplenent to GMB, a listing of the filing code used by GA providing the full identification

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of each document referenced, and copies of the cited sections of those documents. Since none of that information represents new information to the Board and the parties, GA will not delay the subnission of this clarification while those references and citations are compiled.

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g Wf QESAPEAKE ENEiOY ALLIANG. INC.

2y Robert Q. Pollani

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Dated: Farch 24, 1980 I hereby certify that a copy of this document has been served on all parties on the attached service lint by delivery in the United Statas Mail, First Class, this 24)h day of March,19 c.

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Itobert Q. Pollard

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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) )

SERVICE LIST Ivan W. Smith, Esquire . John A. Levin, Esquire Chairman Assistant Counsel Atomic Safety and Licensing Pennsylvania Public Utility Comm 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 Assistant 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 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 Office of the Secretary George F., Trowbridge, Esq.

U. S. Nuclear Regulatory Commission Shaw, Pittman, Potts, & Trowbrid.y Washington, D.C. 20S55 1800 M Street, K4 Washington, DC P.0006

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Jcrdan D. Cunningham, Esquire Karin P. Sheldon, Esquire Actorney fer Newberry Township Attorney for Pecple Against Nuclear T.M.I. Steering Ccrnittee -

Energy ,

2320 North Second Street Shelden, Harmen & Weiss Harrisburg, Pennsylvania 17110 1725 Eye Street, N.W. , Suite 506 Washington, D.C. 20006 Theodore A. Adler, Esquire

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Widoff 'leager Selkowitz & Adler Post Office Box 1547 Harrisburg, Pennsylvania 17105 Ellyn R. Weiss, Esquire Attorney for the Union of Concerned ' Chauncey Kepford Scientists Judith H. Johnsrud Sheldon, Harren & 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. Iewis Mechanicsburg, Pennsylvania 17055 6504 Bradford Terrace Philadelphia, Pennsylvania 19149 Gail Bradford

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Holly S. Keck Marjorie M. Aanodt Iagislation Chairman R. D. 5 Anti-Nuclear Group PepresentinJ York Coatesville, Pennsylvania 19320 245 West Philadelphia Street York, Pennsylvania 17404

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