ML19294B962

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Responds to 791211,12 & 17 Ltrs Re NRC 791218 Meeting W/Util & Investigation Into Allegation That Facility Will Be Adversely Affected by Quarry Blasting.Public May Attend Meetings Between Applicants & NRC as Observers.W/Fr Excerpt
ML19294B962
Person / Time
Site: Limerick  Constellation icon.png
Issue date: 01/28/1980
From: Harold Denton
Office of Nuclear Reactor Regulation
To: Romano F
AIR AND WATER POLLUTION PATROL
Shared Package
ML19294B951 List:
References
NUDOCS 8003060453
Download: ML19294B962 (3)


Text

4, UNITED STATES

.8*

j NUCLEAR REGULATORY COMMISSION l;.

E WASHINGTON, D. C. 20555 o\\,,,,,

January 28, 1980 Mr. Frank R. Romano Air and Water Pollution Patrol 61 Forest Avenue Ambler, Pennsylvania 19002

Dear Mr. Romano:

I am responding to your letter of December 17, 1979 to me, and your letters of December 11 and December 12, 1979 to Mr. Dean Tibbitts regarding the NRC's meeting with Philadelphia Electric Company (PECO) held on December 18, 1979 and the conduct of the Nuclear Regulatory Comission's (NRC) investigation of your allegation that the Limerick Generating Station, Units 1 and 2 will be adversely affected by blasting in the Pottstown Trap Rock Quarry.

In your letters, you raise many items related to these two subjects; in discussing these two subjects I will attempt to address each of these items.

With regard to the meeting held on December 18, 1979 with PEC0, you stated:

(1) that you should have been a participant in the meeting and not just an observer, (2) that you did not receive a " formal notice" of the meeting, and (3) that relocating the meeting from the Limerick construction site to the Limerick Visitor's Center was improper.

In response to the first item, enclosed is a copy of the NRC policy with regard to open meetings. The policy statement emphasizes the desire of the NRC to involve concerned citizens in any NRC activity in which the citizens have expressed an interest. The policy statement goes on to say that in meetings between the NRC staff and applicants, others (concerned citizens, intervenors, etc.) may attend as observers. With regard to the meeting notice you received, this notice is the formal notice that is routinely used to announce meetings-between the NRC staff and applicants. Unless there are exten-uating circumstances, these meeting notices are mailed two weeks prior to the meet-ing not only to the meeting participant (s) but also to the local public document room and to other groups or individuals who are or were parties to the proceeding.

Although you are not a party to the Limerick proceeding under'Part 2 of our regulations, we kr.aw of your interest in this matter and sent a copy of the meeting notice directly to you. Your letter of December 11, 1979 shows that you had received the meeting notice at least a week in advance of the meeting.

For meetings that are held at the applicants' plant or offices, the meeting notice requests that members of the public who plan to attend contact the project manager (by phone or letter) so that accommodations can be made for the number of people wishing to attend. The location of the December 18, 1979 meeting with PECO was changed five days before the meeting because of uncertainty over how many menbers of the public would come to the meeting. PEC0 recommended on December 14,1979 (the same day you were notified) to the licensing prcject U $

duu3000 1,

Mr. Frank R. Romano January 28, 1980 manager, Mr. Dean L. Tibbitts, that the meeting be coved from the construction site to the auditorium in the visitor's center. Because the visitor's center is only about a half a mile from the main construction entrance and because being in the construction site was not essential to the meeting, PEC0's recommendation was accepted by the project manager.

Now I will expand on the purpose of the meeting and the meeting's role in our investigation. In order to respond to your allegations we needed to obtain (1) definitive data on the blasting techniques used in the quarry (i.e., charge weight, delay time per charge, blasting pattern), and (2) recordings of the shock waves from blasting in the quarry. The purpose of the meeting was to gather this information. With this information we will be able to detemine the frequency content and amplitude of the shock waves from the blasting. This information will be used to detemine the effects of the blasting on the seismic Category I foundations and structures.

For the NRC staff and our consultant from the U. S. Geological Survey the next step is to analyze the data that we obtained from the operators of the quarry and the information that PEC0 presented to us in the meeting. Further informa-tion and copies of the material presented by PECO in the meeting was sub-mitted to the NRC by letter dated January 15, 1980. At the conclusion of our review our conclusions, analysis, and the information we used will be publically available.

Even though you did not submit a petition in accordance with paragraph 2.206 of our regulations, we instituted a full investigation under the provisions of that regulation.

In addition to the current investigation on the Limerick facility under the provision of Paragraph 2.206 of our regulations, the entire Limerick facility will be thoroughly reviewed prior to making a decision on whether or not to issue an operating license. During that forthcoming review, which will begin when Philadelphia Electric Company applies for an operating license, we will be implementing requirements that have resulted from the 3

accident at Unit 2 of the Three Mile Island Nuclear Station.

Sincerely, 9fSf Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosure:

As stated

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dirlsh For exar,ple. some persons may not be permitted to attend meet.

Ings thrre cla.tstfsed or propftelary in.

formation hneludinc sensitne sa't.

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guarcis informat.oni.: to be cascuased.

The' NRC staff well prepare a stitten summary of the uncimfied and non.

propractary portions of such meetings t

and forward the summary to interest.

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N Hl ed persuns unable to attend so that they will be informed of what tran.

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HUCLEA2. REGul.ATOllY spired at the meettn;. However, st.

i COMMISSION tendance will not be limited solely be.

i-cause prellmanary opinions. recosa.

OCM13DC UCIN1g MPUCAllCNg mendations, or advice sill be offfred l

on the roerits of the applications Open A4eeHege end Statement of NeC $leff during the mteting, bl*Y When a prrty cr Octatic.9er for leave The Nuclear Regulatory Commis, to intervene requests, reasca.able et.

ston's (NRC's) regulations in 10 CFR forts sill be made by the NRC staff to 2.102 permit applicants to confer in.

Inform the party or petitioner of formally with the NRC technica1 staff scrthcoming meetings conducted be 7'.~.

during rettews of domestic license or the NRC technical staff so that appro.

permit appucations. These meetings prtate arrangernents for attendance N.-

have served as an risential means for can be made. It Ls recogntzed that ln the exchangr of technical information sorne ca.ses the need for a prompt and tiets necessary for the techrucal meeting may make it impossible or Irn.

i revleur of applications. For several practicable to notify all parties and pe.

years ot titioners. The pol!cy desenbed state to dome,her parties or potential parties also cannot practicably te acalico to stic !!cens;ng proceedings. as well as members of the general public, chance encounters betseen NRC teen.

have, upon request been permstted to nlest staff personnel and other parties attend appucant.NRC technical staff or petitioners but such chance encoun.

meetings a.s observers. However, the ters tvtll not be permitted to serve as a Commission's regulations do not re. source of information for the conduct L*V, a

. t4 Quite that others be' permatted to of !! censing reviess e

attend such informal cteetings be.

Dated at Betheuia. Ltd. this 20tta tween applicant and staff, and the day of June,19i8.

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genersi practice being fo1*cred in this regard has never been formally art!cu.

For the Nuclear Regulatory Com.

H.

lated. This statement is intended to mussion.

1 prov*.de such artleulatfort. It ts also I cr V. Gosstex.

I noted that this matter ts related to the Ireettice Director /or Operoisorts.

I, provulon for increased puhuc pstttel.

CTR Doc.1817916 TLled 6.*i.*8. s.43 acal g

pation which was sporoved by the 8

Commission during its consideration of NUREG 0292 (Denton Report).

D".

As a general matter, the Commiasion and staff tr7 to involve cottcerned esti.

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aens ln any Commission activity in which they have expressed an interest.

. All meetings conducted by the NRC technical staff as part of its review of a partleular domestic License or permit application tincluding an application for an amendment to a Ucense or t'

pernut) will be open to attendance by ps.,,4 1

all parties or pet!Lloners for leave to are Intended by the NRC technical

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Intervene in the case. These meetings

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stml to fac111 tate an exchange of Infor.

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mation betwete the appilcant and the f@.".

staff. It Ls expected that the frRC

_g technical staff and the app!! cant Mll

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actively participate ln the meeting.

Others may attend as observers. IJke.

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wtse, when meetings are scheduled be.

. tween the staff and other parties or petitioners, applicants would be per.

mitted to attend artly as observers.

o The geners! policy of open meetlnss desenbed above will admit of only a P!.

few exceptions, whic!) must be ap.

proved by the Director of the relevant f

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