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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.nibusMotion 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 pmdentto have access to that document prior to responding to 33 3/13/803d 3/11/80 was read to GA on the phone today by NRC Counsel Lucinda Swartzfellcwing GA'r request to her.

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

(1) The impact that GA's lack of resources will have en its ability tocentribute effectively to t,ho record, in conjuncticn with the Connissien'spower te grant IF, upon certification er referral to it by the Board enthe authority of Modified Adjudicatory Procedures (7590-01), as cited inGA: 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'sdecision to consider 'whether it can and should grant financial assistanceto parties seektng to raise these (PD) issues in this case" in its August9 order.

A literal construction of the Con.insion's above cited language doesnot limit the provision of financial assistance for the litigation ofthe PD issues alone, and would allow for the Conniscien to decide togrant general financial assistance (for all contentions) to a partyraising a FD issue. Absent the Connission having stated its reasons

,

for considering whether to grant financial assistance to pF.rties raisingPD issues, it would be improper to rula out the literal eenstructicnnoted above.

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

itself so constrained by the limits of the Conmissien's August o C-der;i

se ondly, the above interpretation did not become evidert to GA untilc

! it was it was preparing its Supplement to CMB, with. the realization that| 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 GA8004g 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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in its search for support for its arguments for IF. Ironically,the Board contributed to GA's thoroughness by its denial of A'sMotion to Permit Oral Argument en the Omnibus Motion, and it was notvntil after the denial of that Motion that GA recognizedthe strict interpretation of the August 9 Order.

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, andhaving consistently and forthrightly sought to have it resolved.Indeed, had the Beani shown greater responsiveness to the predicanentof GA (and other parties) being without financial resources,atan earlier stage, and made more attempts to find a resolution, it is '

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

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 filesuch disovvery, and GA intends to file disecvery requests by that time.Like the Board, GA had inadvertently overlooked the emergency planningcomponent of contention 4, however, it was the psychological distressaspect of the esntention that had been central in GA's criginal canceptionof that contention.

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

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

Respec ly submitte

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QESAPEAKE ENEiOY ALLIANG. INC.

2y Robert Q. Pollani.

Dated: Farch 24, 1980

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

[] [ic'k ../

Itobert Q. Pollard

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DOC #"SUSNBC-

g JWWE $ 980 > $,UNITED STATES OF AMERICA g tM S'C'I*'l )

NUCLEAR REGULATORY COMMISSION ptin & S*NC' b./

. / ,/"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 CounselAtomic Safety and Licensing Pennsylvania Public Utility Comm

Board Panel Post Office Box 3265U.S. Nuclear Regulatory Commission Harrisburg, Pennsylvania 17120Washington, D.C. 20555

Karin W. Carter, EsquireDr. Walter H. Jordan Assistant Attorney GeneralAtomic Safety and Licensing 505 Executive House

Board Panel Post Office Box 2357881 West Outer Drive Harrisburg, Pennsylvania 17120Oak Ridge, Tennessee 37830

John E. MinnichDr. Linda W. Little Chairman, Dauphin County BoardAtomic Safety and Licensing of Commissioners

Board Panel Dauphin County Courthouse5000 Hermitage Drive Front and Market StreetsRaleigh, North Carolina 27612 Harrisburg, Pennsylvania 17101

James R. Tourtellotte, Esquire Walter W. Cohen, EsquireOffice of the Executive Legal Director Consumer AdvocateU. S. Nuclear Regulatory Commission Office of Consumer AdvocateWashington, D.C. 20555 14th Floor, Strawberry Square

Harrisburg, Pennsylvania 17127Docketing and Service SectionOffice of the Secretary George F., Trowbridge, Esq.U. S. Nuclear Regulatory Commission Shaw, Pittman, Potts, & Trowbrid.yWashington, D.C. 20S55 1800 M Street, K4

Washington, DC P.0006

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Jcrdan D. Cunningham, Esquire Karin P. Sheldon, EsquireActorney fer Newberry Township Attorney for Pecple Against Nuclear

T.M.I. Steering Ccrnittee Energy-

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2320 North Second Street Shelden, Harmen & WeissHarrisburg, Pennsylvania 17110 1725 Eye Street, N.W. , Suite 506

Washington, D.C. 20006Theodore A. Adler, Esquire

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Widoff 'leager Selkowitz & AdlerPost Office Box 1547Harrisburg, Pennsylvania 17105

Ellyn R. Weiss, EsquireAttorney for the Union of Concerned ' Chauncey Kepford

Scientists Judith H. JohnsrudSheldon, Harren & Weiss Environmental Coalition on Nuclear1725 Eye Street, N.W., Suite 506 PowerWashington, D.C. 20006 433 Orlando Avenue

State College, Pennsylvania 16801Steven C. Sholly304 South Market Street Marvin I. IewisMechanicsburg, Pennsylvania 17055 6504 Bradford Terrace

Philadelphia, Pennsylvania 19149Gail Bradford

-~~ Holly S. Keck Marjorie M. AanodtIagislation Chairman R. D. 5Anti-Nuclear Group PepresentinJ York Coatesville, Pennsylvania 19320245 West Philadelphia StreetYork, Pennsylvania 17404

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