ML19323J215

Preliminary Response to Sholly 800609 Motion Re ASLB 800530 Order.Requests 15-day Extension to Respond to Substitution of Contention 11.Opposes Extension of Discovery on Hydrogen Control Contention.Certificate of Svc Encl

ML19323J215
Person / Time
Site:	Three Mile Island
Issue date:	06/16/1980
From:	Trowbridge G METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
CLI-80-16, NUDOCS 8006190435
Download: ML19323J215 (6)

Text

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& DC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION O

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In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

LICENSEE'S PRELIMINARY RESPONSE TO SHOLLY MOTION REGARDING MEMORANDUM AND ORDER ON HYDROGEN CONTROL CONTENTIONS On June 9, 1980, Mr. Sholly filed a motion regarding the Board's Memorandum and Order dated May 30, 1980, on Hydro-gen control contentions. The motion requests (1) substitution l l

of a Revised Sholly Contention No. 11 and (2) an additional l period of discovery on the contention.

In view of UCS' request to the Commission for recon-sideration of the Commission's order (CLI-80-16) on which the Board's May 30 Memorandum and Order was based, and in view of UCS' motion to the Board (which Licensee has supported) that effectiveness of the May 30 Memorandum and Order be suspended pending Commission disposition of the motion for reconsidera-tion, Licensee requests that the period for response by all parties to Mr. Sholly's first request be extended until 15 days (including 5 days mailing time) after disposition by the Com-mission of the motion for reconsideration.

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Licensee opposes Mr. Sholly's second request for an additional discovery period on his hydrogen control contention.*

Mr. Sholly bases his request for additional discovery on "the circumstances surrounding the hydrogen gas control con-tentions and the s:bstantial changes which have been necessary in wording due to Commission rulings." He fails, however, to identify any circumstance or change in wording which necessi-tates or justifies additional discovery. In particular he fails  !

l to point to any area of discovery which could not have been Licensee is in  !

covered under his original Contention No. 11.

fact unable to discern any discovery questions which could be asked either under the Board's revision of the contention or Mr. Sholly's proposed substitute contention which could not properly have been asked under the original contention.

The Board in its First Prehearing Conference Order (pp. 19 and 35) expressly authorized discovery on Sholly Con-tention No. 11 pending ultimate disposition of the allowability of the contention. Mr. Sholly in fact availed himself of his 1

opportunity for discovery on Contention No. 11 in his First, Fourth and Follow-on Interrogatories to Licensee and his First Set of Interrogatories to the NRC Staff, all of which interrog-atories have been answered. As explained by the Board in its 1

• The UCS motion for suspension of the Board's May 30 Memorandum i and Order also requested additional discovery on the hydrogen control issue. The UCS request was expressly operative, how-ever, only "in the event the Board denies the instant motion" for suspension. Since Licensee has supported UCS' motion for suspension by its filing dated June 11, 1980, Licensee has not yet addressed UCS' discovery request.

certification of the hydrogen control issue to the Commission, the purpose in allowing discovery on intervenors' hydrogen control contentions was to avoid needless delay in the proceed-ing. Mr. Sholly claims that his additional request for dis-covery will not materially alter the schedule for litigation, since the hydrogen control issue could easily be scheduled for late in the proceeding if necessary. He ignores, however, the fact that his proposed additional discovery period falls pre-cisely during the period when, in addition to their normal duties, Licensee's technical personnel and consultants will be heavily committed to the preparation of testimony on the myriad of contentions advanced by Mr. Sholly and other intervenors.

Respectfully submitted, SHAW, PI TMAN, POTTS & TROWBRIDGE By M 's M /

V Ge/orge F. ' Trowbridg/e Dated: June 16, 1980 1

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i 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) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Prelim-inary Response to Sholly Motion Regarding Memcrandum and Order on Hydrogen Control Contentions," dated June 16, 1980, were served upon those persons on the attached Service List by de-posit in the United States mail, postage prepaid, this 16th day of June, 1980.

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George F. Trowbridg/

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Dated: June 16, 1980

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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 Comm'd 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 Licen: sing 505 Executive House Board Panel Post Office Box 2357 E81 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 Washington, D.C. 20555

Jordan D. Cunningham, Esquire Karin P. Sheldon, Esquire Attorney for Newberry Township Attorney for People Against T.M.I. Steering Committee Nuclear Energy 2320 North Second Street Sheldon, Han n & Weiss Harrisburg, Pennsylvania 17110 1725 Eye, Strea:t, N.W., Suite 506

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Washington, D.C. 20006 Theodore A. Adler, Esquire Widoff Reager Selkowitz & Adler Robert O. Pollard Post Office Sox 1547 609 Montpelier Street Harrisburg, Pennsylvania 17105 Baltimore, Maryland 21218 Ellyn R. Weiss, Esquire Chauncey Kepford Autorney for the Union of Concerned Judith H. Johnsrud Scientists Environmental Coalition on Sheldon, Harmon & We .ss Nuclear Power 1725 Eye Street, N.W., Suite 506 433 Orlando Avenue Washington, D.C. 20006 State College, Pennsylvania 16803 Steven C. Sho11y Marvin I. Lewis 304 South Market Street 6504 Bradford Terrace Philadelphia, Pennsylvania 19149 Mechanicsburg, Pennsylvania 17055 Marjorie M. Aamodt Gail Bradford R. D. 5 Holly S. Keck Coatesville, Pennsylvania 19320 Legislation Chairman Anti-Nuclear Group Representing York 245 West Philadelphia Street York, Pennsylvania 17404

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