ML20023D805
| ML20023D805 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 06/01/1983 |
| From: | Brenner L Atomic Safety and Licensing Board Panel |
| To: | PENNSYLVANIA, COMMONWEALTH OF |
| References | |
| ISSUANCES-OL, NUDOCS 8306030332 | |
| Download: ML20023D805 (6) | |
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- myn UNITED STATES OF AMERICA NUCLEAR REGULATORY C0FNISSION 83 J:-2 P? O ATOMIC SAFETY AND LICEhSING BOARD
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BEFORE ADMINISTRATIVE JUDGES:
Lawrence Brenner, Chairman Dr. Richard F. Cole Dr. Peter A. Morris SERVC In the Matter of Docket Nos. 50-352-0L 50-353-0L PHILADELPHIA ELECTRIC COMPANY (Limerick Generating Station, June 1, 1983 Units 1 and 2)
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ORDER GRANTING THE COMMONWEALTH PARTIAL RELIEF FROM THE REQUIREMENT TO C0 ORDINATE CONTENTIONS The Commonwealth of Pennsylvania, by motion dated May 26, 1983, seeks relief from the Board's requirement that it participate, along with intervenors and other governmental participants, in a coordinated filing of "on-site" emergency planning " contentions or issues". Order, slip op, at p. 4 (May 16, 1983) (emphasis added). The grounds stated in the Commonwealth's motion are insufficient to provide good cause to vary this requirement.
Primarily, there appears to be misunderstanding on the part of the Comonwealth of the reach of our requirement.
The requirement to coordinate issues, as discussed at the prehearing conference and in our order, clearly is not a requirement to consolidate as one entity the Commonwealth with the private interver. ors such that the Comonwealth would lose its individual participational rights.
For example, the other intervenors could not edit the language of the Commonwealth's issues against the wishes of the Commoriwealth.
8306030332 830601
i Although the Comonwealth is not a " party" under 10 C.F.R. 5 2.714, the Board is empowered to apply procedural rules necessary to regulate the course of the proceeding to the Comonwealth as a 10 C.F.R. 9 2.715(c) participant. Gulf States Utilities Co. (River Bend, Units 1 and 2), ALAB-444, 6 NRC 760, 768-69 (1977).
In order for the hearing to proceed efficiently, the Board deems it necessary to apply these procedural rules in a n'anner which evoids the need to consider multiple contentions which are similar in content sponsored by multiple parties, and which assures that a governmental participant seeking to litigate issues involves itself in negotiations ordered by the Board among the other parties.
In view of the action we are taking below, discussion of additional examples of erroneous perceptions in the Comonwealth's motion is unnecessary.
We are not persuaded that the Comonwealth's " practical considerations" provide good cause for modifying our requirement for cooraination.
However, the Comonwealth obviously strongly believes that it will be prejudiced in some fashion.
The Comonwealth's important overall role in administering emergency planning matters does tend to differentiate it from other governmental entities in this proceeding. As recognized by the Commonwealth, our goal is to avoid the filing of multiple issues or contentions which are, in fact, very similar.
If that goal can be achieved, we are willing to permit the Comonwealth greater flexibility.
Accordingly, the Comonwealth may file its own "on-site" issues or contentions which it would seek to litigate, if any, so that they are received by the Board, the Applicant,
.3-ailed to the 21, 1983 (and, as always, m the NRC Staff and LEA by June y
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remainder of the service list by that date).
i in The Comonwealth shall do its utmost, including participat ng l
ing, to discussions with LEA as the lead intervenor on emergency p ann issue with avoid the problem of expressing essentially the same The requirement to negotiate the language of different language.
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f red to at contentions (and the overall scope of "on-site" issues, re er f
d to encompass page 7 of the Comonwealth's motion, was intende rs and negotiations among the hRC Staff, Applicant, interveno The governmental participants with emergency planning issues.
i intends to Comonwealth shall participate in these negotiations if it file "on-site" emergency planning issues.
If the above flexibility accorded the Comonwealth creates ther parties, we unnecessary procedural burdens for the Board and the o filing of offsite i
will reconsider permitting this flexibility for the It is now Our general intent and goal is' clear.
contentions or issues.
d The Comonwealth originally was required to provide the lea intervenor on emergency planning, LEA, with its proposed
- I 10, 1983.
Parties seeking action from the issues by June 31, 1983.
denial of a Board the afternoon of MayB6ard within a limited time (to avoid moo motion) are advised strongly to employ mechanisms more expeditious than regular mail.
, up to the Commonwealth to display the initiative necessary to assure its
' involvement in full discussions with the other parties before matters need be raised before the Board.
Counsel for the Commonwealth was advised of this order by telephone on June 1, 1983.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Lawrence Brenner, Chairman ADMINISTRATIVE JUDGE Bethesda, Maryland June 1, 1983 0
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d UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 5
BEFORE ADMINISTRATIVE JUDGES:
Lawrence Brenner, Chairman Dr. Richard F. Cole Dr. Peter A. Morris
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In the Matter of
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Docket Nos. 50-352-0L
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50-353-0L PHILADELPHIA ELECTRIC COMPANY
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June 1, 1983 (Limerick Generating Station, Units 1 and 2)
COURTESY NOTIFICATION i
As circunstances warrant from time to time, the Boaro will mail copies of its memoranda and orders directly to each party, petitioner or other interested participant.
This is intended solely as a courtesy at.d convenience to those served to provide extra time.
Official service will be separate from the courtesy notification an.d will continue to be made by,the Office of the Secretary of the Commission.
Unless otherwise stated, time periods will be computed from the official service.
I hereby certify that I have today mailed copies of the Board's
" Order Granting the Commonwealth Partial Relief from the Requirement to Coordinate Contentions" to the persons designated on the attached Courtesy Notification List.
ebi TTN. Em Valarie M. Lane Secretary to Judge Brenner Atomic Safety and Licensing Board Panel Bethesda, Maryland
J' Troy B. Conner, Jr., Esq.
Conner and Wetterhahn 1747 Pennsylvania Avenue, N.W.
Suite 1050 Washington, DC 20006 Judith A. Dorsey, Esq.
Limerick Ecology Action n
1315 Walnut Street, Suite 1632 Philadelphia, PA 19107 Thomas Y. Au, Esq.
Office of Chief Counsel Commonwealth of Pennsylvania, DER 505 Executive House P.O. Box 2357 Harrisburg, PA 17120 Ann Hodgdon, Esq.
Counsel for NRC Staff U.S. Nuclear Regulatory Commission i'
Wasnington, DC 20555 t
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