ML19254F963

Submits Suggestions Re 791108-09 Special Prehearing Conference Procedures Concerning Order of Contentions, Consolidation of Issues,Discovery Schedule & Other Related Matters.Supporting Documentation & Certificate of Svc Encl

ML19254F963
Person / Time
Site:	Three Mile Island
Issue date:	11/02/1979
From:	Trowbridge G SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Jordan W, Little L, Smith I Atomic Safety and Licensing Board Panel
References
NUDOCS 7911190529
Download: ML19254F963 (10)

Text

. -

NRC PUBLIC DOCUEE kW T/t S H Aw, PITTM AN, PoTTs & TROW B RI DG E 1800 M ST A C CT, N. W.

WAS HI NGTO N. O. C. 20 03 6 ma sAv o. nevv3 sTtvan L.mrtrztm #2o2: ass A4oC struAmt 6.sertwam otAm c.AuuCm otCoot r. tmCwenicac sown twock sitewsm o. morts sitpoeta e. nuffLaa GCRALD CMAANCFF WINTM ACS M 34CWee # -",[ ?tLzecreta owettie 3. scafwsCR JA*8 ES 9. wansum - ' ' , (202)394 0494 &294=eFGC

4. fssectwv MasebCoe AcetAT E. ZAsekEN GCC#4E w. AC4Eas, am. meCMamo C. GALEN

..\ _

scuse e. swaNELAMOCR N .\

ACSERT S. ACS$l88$ .D \

ftLE2 N E.' se LIC . se, l'As FNN[ScaOfA2 '

• N [s 89 3882(SMAwbAW *SMI L'c"R"a%.""'nAu, 2092"l'd;A"C"l  ! .: '

.. \

c'e's"' A= "~~

s'.'*!d1T **. .Crv,  :^.!.32?J1" '-.. 4 ..J  % . ,  :, '

~

it "11o,e'e'"u"CL.. cu'"fl."c4 c ".*!aMste. I3 t . *! .-

" " " " ' " ^ * "

i8 t.W'l. 'su ?skiin' s-

~

~; **'***'****""*

".".' %'.' " .*,"c?

• ""Wa';;

e *," e',;d-d"-

",'."".1."2".fc'eW!k

Y.. '- 3 J l' r-Cw.. ...a vt.

'"?

I.d.LuA.ia. '.

. A.228 . s;m..m s ,

i'"J!C i 1""!'st. 32."u",5.t"";#- "'

-l O .

1*"."r.tcM"C'tiv"**

JAmeCS fMCMAS LEMMART c^

'.hif""0.... .

NCSENTno 4CmOCN November 2, 1979 Ivan W. Smith, Esquire Chairman Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Walter H. Jordan, Member "

D' D @

Atomic Safety and Licensing Board 881 West Guter Drive

• 3

• D'3'Y(/g#

' J" Oak Ridge, Tennessee 37830 Dr. Linda W. Little, Member Atomic Safety and Licensing Board 5000 Hermitage Drive Raleigh, North Carolina 27612 In the Matter of METROPOLITAN EDISON COMPANY (Three Mile Island Nuclear Station, Unit No. 1)

Docket No. 50-289

Dear Mr. Chairman and Members of the Board:

This is to advise the Board and all petitioners as to Licensee's suggestions on a number of procedural matters requiring consideration at the upcoming Special Prehearing Con-ference on November 8-9, 1979. By making these suggestions prior to the Special Prehearing Conference, Licensee hopes to minW::c the time which will be spent on procedural matters.

1345 174 Contentions A.

7gigygo g

1. Order in which contentions are to be considered.

Licensee suggests starting the review of petitleners'

SHAW, PITTMAN, POTTS & TROWBRIDGE Ivan W. Smith, Esquire Dr. Walter H. Jordan Dr. Linda W. Little Novamber 2, 1979 Page Two contentions with those proposed by the Union of Concerned Scientists ("UCS") . The UCS contentions, more than the rest of the proposed contentions, will require careful focus on the principal issue facing the Board -- i.e., the scope of this proceeding in view of the bases for suspension identified by the Commission in its August 9 Order.

2. Argument on contentions. Licensee proposes that argument on each seu of contentions be confined to the Staff, Licensee, and the Petitioner advancing the contention. Of course, each petitioner would have an opportunity to argue in favor of its contentions even if a sinilar contention has pre-viously been argued by another petitioner.

3. Schedule for revised contentions. As noted in the covering memorandum accompanying our responses to the final contentions, Licensee has requested the Board to require cer-tain petitioners to submit revised contentions with respect to emergency planning and offsite radiation monitoring after receiving additional information from Licensee in those areas; such contentions were marked by an asterisk (*) in our responses. Licensee suggests that the Board adopt thirty days following service of the additional information as the time within which more specific contentions must be filed.

The Staff and Licensee would then be allowed seven days within which to file responses, and the Board could thereafter rule on the admissibility of the revised contentions. Licensee also suggests that an identical process be followed with respect to any supplemental contentions based on new information con-tained in the report of the Kemeny Ccmmission, the Roggovin Special Inquiry, or the final report of the Lessons Learned Task Force (i.e., thirty days after publication of the document for revised contentions and seven days for responses).

B. Consolidation Licensee suggests that, in lieu of consolidation of parties, the Board consider consolidation of issues by designat-ing a single spokesperson pursuant to 10 C.F.R. S 2.714(e) for major categories of contentions covered by two or more petitioners. The single spokesperson would be designated for purposes of discovery, motions, testimony and cross-examination.

1345 175

SHAW, PITTMAN, POTTS & TROWBRIDGE Ivan W. Smith, Esquire Dr. Walter H. Jordan Dr. Linda W. Little November 2, 1979 Page Three Notwithstanding such consolidation, Licensee and the Staff would continue to serve their papers and documents on all parties.

This consolidation procedure has a nenber of ad-vantages. It would be directly responsive to the Commission's

" expectation that the Board will conduct the proceeding expedi-tiously" and the Ccmmission's instruction to consolidate parties "to the maximum extent practicable consistent with the provisions of (10 C.F.R. S 2.715a]" (August 9,1979 Order and Notice of Hearing at 10). Moreover, consolidation of issues would produce a more readable and focused record, assisting the parties, this Board, and the Commission in a full and ccmplete review of all the relevant evidence. It might also permit various intervening parties to conserve their resources without in any way restricting the scope or extent of their total par-ticipation on all issues. On the basis of very similar con-siderations, the hearing board in the license modificaticn pro-ceeding for Portland General Electric Co. (Trojan Nuclear Plant) ,

Docket No. 50-344, directed, pursuant to 10 C.F.R. S 2.714(e),

the consolidation of issues through a single spokesperson. See Order Concerning Requests for Hearing and Intervention Petitions (filed July 27, 1978), at pp. 6-8, appeal denied, ALAB-496, 8 N.R.C. 308, 310 (1978). Cf. Duke Power Co. (Amcadment to Ma-terials License SNM-1773), ALAB-528, 9 N.R.C. 146, 150 & n.9 (1979); Philadelphia Electric Co. (Peach Bottom Atomic Power Station, Units 2 & 3), ALAB-512, 8 N.R.C. 690, 693 n.2 (1978);

Detroit Edison Co. (Greenwood Energy Center, Units 2 & 3), ALA3-476, 7 N.R.C. 759, 763, 765 (1978). 1/

To assist both the Board and other parties, Licensee has prepared a tentative list of the major categories of con-tentions indicating the contentions which fall into each cate-gory; that list is attached hereto. There are, of course, 1/

In situations of complex litigation, the federal courts routinely consolidate parties and issues through the use of both liaison counsel (see Manual for Complex Litigation, S 1.90), and lead counsel, either at the pretrial (see id, at S 1.92 Lor at the trial stage (see id. at S 4.53). Indeed, such consolidation is actively encouraged (id.). Given the favorable experience of the federal courts wIth consolidation, there is no reason to believe that any of the rights of the intervening parties here would be adversely affected by a similar procedure.

1345j76

SHAW, PITTMAN, POTTS & TROWBRIDOE Ivan W. Smith, Esquire Dr. Walter H. Jordan Dr. Linda W. Little Nc7 ember 2, 1979 Page Four additional contentiens outside these categories and these would be handled by the individual intervenor advancing the particular contention.

C. Discoverv Schedule Licensee proposes tnat discovery in this proceeding commence i= mediately upon issuance of the Board's Order follow-ing the Special Prehearing Conference. Discovery requests should be filed within thirty days following the Order, and responses thereto within thirty days following service of the request. Licensee contemplates that there might be late re-quests for discovery. Such discovery should be permitted where the parties involved can agree on additional discovery and on a mutually acceptable schedule for the discovery or, in the absence of such agreement, upon a finding by the Board of good cause. In either case, Licensee anticipates that such late discovery, if permitted, would be carried on in an extremely expeditious manner.

With respect to those petitioners that Licensee has not objected to as impermissible parties, and as to those final contentions that Licensee has not objected to, discovery frem Licensee can begin immediately. In this regard, Licensee notes the availability of its Discovery Reading Rocm following the Special Prehearing Conference (see Licensee's Notice of Dis-covery Reading Room (filed October 26, 1979)), and requests that the Board authorize document production in accordance with the procedures set forth in Licensee's Notice.

D. Duplication and Filine of Documents The Board's Memoranden and Order of October 15, 1979 (p. 8) requested Licensee to address the "means by which a re-liable and affordable system of duplication of papers, filing, and other ccmmunication methods can be established." Licensee has considered the matter and makes the following suggestions:

1. Licensee and NRC Staff continue to serve their papers and documents on all parties to the pro-ceeding in accordance with existing regulations.

T345 177

SHAW, PITTMAN, POTTS & TROWBRIDGE Ivan W. Smith, Esquire Dr. Walter H. Jordan Dr. Linda W. Little November 2, 1979 Page Five

2. , At a minimum, intervening parties should serve their papers and documents on the Licensing Board, counsel for the NRC Staff, counsel for Licensee, and one copy on the Secretary, Docket-ing and Service Sect an.

3. With respect to interrogatories, intervening parties should be relieved of the obligation to serve other intervenors with copies of inter-rogatories addressed to Licensee or the Staff or of their answers to interrogatories from Licensee or the Staff, provided that at the Special Prehearing Conference those other inter-venors waive the requirement of service. As an aid to this process, Licensee and the Staff in their replies to interrogatories will repeat the interrogatory and serve the replies on all parties.

4. With respect to motions and answers to motions, those papers that affect the interests of all parties (including all motions relating to schedule) should be served on all parties. How-ever, as to motions and answers that affect the interests of less than all the parties, inter-venors may serve only those other intervenors that might be affected by the motion.

5. With respect to direct written testimony prepared by intervenors, such documents should be received into evidence as exhibits, rather than incorporated into the transcript, so as to limit the number of necessary copies. However, all parties to the proceeding should receive advance copies of the testimony.

Licensee believes that these suggestions, if implemented in a reasonable and cooperative manner, should serve to reduce much of the duplicating and filing burden of the intervenors.

Respectfully submitted SHAW, P'TTMAN, POTTS TRCWBRIDGE By }/}k) TN ./

t/e r'geg. 'TroVbridge /

cc: Attached Service List _. 3t-4> 5- 178

s M

8 9'

4 j>. = a 2

mfua @- s 3 25di a

5

~5 3 li:-

53 to I

T f.i w-a n< S es I

2,I a

u n

n S 2 k ,c.

-nn Et naa 222 E,

u -

- n - n

.3 . . . .

E B 2 2 12 2a 3a n

5 5 .$' 8

~2 a b "

o-newe neee

))" ag, -n.c.n.e------ ---n o.

h:22 22: 2::  :- :::::

3- 2 3 :: 2222e s- = 222 E m; e; e; ze alid E

a

= 11 i 3' 3* 3: 0 la 2 es ~]

3 5 a5 w-

.x ,  ;.u.e

~

ic;a u

e) a--)

s .; 7 l

1345 179

m b -

$ D  :

=g3 2 5, :a: ;; 3

• g

m - ,

5 U

053

'E 5  :

d r3 wr 34 .

et u>a g

• M @

lig i i

~ -. ~

5 -

33 b bb b 2 c.

T b#

us

==

a -54 e can

a. n. 1 . ...

357 b see 15 gJ54 C

228 es.2=

---=== --

MMMMMmmmm w n w g  ::::-  ;  ;  :

q =* ~ 2 are_ 22212112 2 1 1 x e

b

• et S m

• Q jw

• e h~ N S d

u  !. u .. 3 >- n

,1 = = = = y y ~;-

32a , , .i a -

3 02 5 5 *

'25 C C 1345 180

a

,-e ,

32 ,e . -

.. .~.

-~

1.=, . .,{ E E3 32 si

-m -

R J

a 18 .

= a 2

=.

h 6 s',c=?

ee

=>.

a .

3 ' '

sa e . - -

g . .

m 2 a s?

=~- .. e

$3 ..

a.

-, a= . -

t

e

• o 5 - - -

-N.

e t a a  :

-s ss - - =

m, sA a

_s e, _ _ .

-~, _ _. _. _

=  :::  ::  : : :

34 uj 222 22 2 2 2 aca_

. 2 2 - >\

n. re .2 5 -u n.

,U _; u: g -1 ..-

s20:-

=_,

2, .---

,s.,==

<==

1345 181

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 Execu?.ive 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, Esquire U.S. Nuclear Regulatory Consumer Advocate Commission Department of Justics Washington, D.C. 20555 14th Floor, Strawberry Square Harrisburg, Pennsylvania 17127

. _ . 3345 \82

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 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 13AS T83

__ - -