ML20027B407
| ML20027B407 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 09/14/1982 |
| From: | Sugarman R DEL-AWARE UNLIMITED, INC., SUGARMAN & ASSOCIATES |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8209200404 | |
| Download: ML20027B407 (6) | |
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RELATED CORRESPONDENCF
.- 8 p.
00CMETED UNITED STATES.OF AMERICA NUCLEAR REGULATORY COMMISSION In the matter of:
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DOCKET NO. 50-352 O FFICE OF SECRETAO DCKETf.gERVICE PHILADELPHIA ELECTRIC COMPANY )
50-353 O (Limerick Generating Station
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Units 1 and 2)
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APPLICATION OF DEL-AWARE UNLIMITED INC.
FOR ISSUANCE OF SUBPOENAS Pursuant to the regulations of the Nuclear Regulatory Commission
("NRC")
at 10 C.F.R.
$$ 2.720 (a),
Del-AWARE Unlimited, Inc.
(" Del-AWARE"),
an intervenor in the above-captioned proceeding, hereby applies to the Atomic Safety and Licensing Board (the
" Board")
to issue the attached subpoenas to the persons named in such subpoenas commanding them to appear and testify at the Hearing before i
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the Board on Del-AWARE's contentions relating to the supplemental cooling water system, scheduled to take place s
on October 4-8, 1982.
In support of this application, Del-AWARE states the following:
1.
Mr. Joseph Miller is a biologist and director of the U.S.
Fish and Wildlife. Service shad. recovery program in the Delaware River. Mr.
Miller will testify at the Hearing regarding the importance of Point Pleasant as a
habitat and fishery for American shad and the impacts of the intake on same, the impacts of the changes in hydraulics and hydrology resulting from the intake, the impact of 820 9 200 yo S
the intake on the pool and on the American shad and shortnose sturgeon as a
result of these
- changes, and the impact of the intake and its operation on dissolved oxygen.
A subpoena compelling Mr. Miller's attendance at the Hearing is necessary due to the policy of the U.S.
Fish and Wildlife requiring such subpoenas before its employess may testify in priv te litigation.
2.
Mr. Richard'McCoy is also a biologist employed by~
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the U.S.
Fish and Wildlife Service and is responsible for review of projects affecting the Delaware
- River, including the impacts of such projects on dissolved oxygen and salinity.
Mr.
McCoy will also testify at the hearing regarding o
the importance of the Point Pleasant area as a habitat and fishery for American shad and other
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species, and the impacts of the intake on same, the impacts of changes in Delaware River hydraulics.and hydrology resulting from operation f
of the intake, and particulary the impacts of the intake on dissolved oxygen.
Mr. McCoy's testimony will focus on the relevant reviews made by the U.S.
Fish and Wildlife Service, the relationship between the Point Pleasant intake project and the salinity program studies, and analyses of DRBC program changes and proposed projects which will cumulatively affect water
- quality, including 1
a e
s dissolved oxygen.
A subpoena compelling Mr.
McCoy's attendance at tlie Hearing is necessary for the reasons stated in paragraph (1) respecting Mr.
Miller.
3.
Mr.
George Pence is an employee of the U.S.
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Environmental Protection Agency, Region III, who has had primary responsibility, as head of environmental review, for that agency's role in s
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the Point Pleasant diversion' project during~
1980-1982.
Mr.
Pence will testify as to the Environmental Protection Agency's
- findings, conclusions and understandings regarding the impacts of operation of the intake relevant to the contentions in issue in the Hearing.
A subpoena e
compelling Mr. Pence's attendance at the Hearing is necessary due to the Environmental Protection s
Agency's policy requiring that such a subpoena be served before its employees may testify in private
-litigation.
4.
Mr. Gerald M. Hansler is t.he Executive Director of the Delaware River Basin Commission.
Mr. Hansler will be asked to testify regarding Delaware River flow, the operations of the Point Pleasant intake, the likely effects of the proposed management plan of the Delaware River on flows at the intake area, and other facts relevant to an evaluation of the l
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effects of the intake on aquatic life and recreation in the vicinity of the intake.
5.
Mr.
Thomas G.
May is a vice president of Betz Converse Murdoch, Inc., environmental consultants who have prepared environmental assessments and.a Section 404 analysis for the Point Pleasant diversion project.
Mr.
May will be asked to testify regarding the further studies needed to fully and adequately evaluate all of the various impacts of the intake, the relationship of flow and velocity to the impacts of the intake, the presence of toxic pollutants in the Delaware River and the potential for transfer of these pollutants to the Bradshaw Reservoir, and the possibility of leaching of diverted Delaware River water from the Reservoir and the resulting possibility of s
contamination of nearby groundwaters due to the leaching of pollutant-laden waters.
6.
Harold Brundage is an environmental consultant employed by Ichthyological Associates, Inc., who has prepared reports relating to the effects of the proposed Point Pleasant intake structure on th5 shortnose sturgeon and has submitted such reports to the U.S.
Army Corps of Engineers on behalf of Philadelphia Electric Company and/or Neshaminy Water Resources Authority.
Mr. Brundage will be asked to testify as to the presence of O
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o shortnose sturgeon in the intake area and the likely impact of the intake on them under various velocities.
WHEREFORE, Del-AWARE respectfully requests that its Application for Issuance of Subpoenas be granted and that the board issue the attached subpoenas to the persons named therein.
Respectfully submitted, M/
Robert J.VSugarban
/
Attorney for Del-AWARE Unlimited, Inc.
of Counsel:
SUGARMAN & DENWORTH Suite 510 121 S. Broad Street Philadelphia, PA 19107
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Dated:
September 14, 1982 166 e
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CERTIFICATE OF SERVICE' l
D00KETEri I hereby certify that the foregoing ApplictDaon of
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Delaware Unlimited, Inc. for ' Issuance of Subpeonas rved l
j mailing a copy of the same to the persons listed below.
l 0FFICE OF SECRETAR-Lawrence Brenner, Esq., Chairman DOCMETj.NG & SERVICi Administrative Judge cRANCH U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Richard F. Cole Administrative Judge U.S. Nuclear Regulatory Commission Washington, DC,20555
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Dr.', Peter,A. Morris Administrative Judge U.S. Nuclear Regulatory Commission Washington, DC 20555 Stephen H.
Lewis, Esquire Counsel for NRC Staff U.S. Nuclear Regulatory Commission Washington, DC 20555
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Mr. Edward G.
Bauer, Jr.
Vice President & General Counsel Philadelphia Electric Company 2301 Market Street Philadelphia, PA 19101 Troy B.
Conner, Jr.,
Esquire Conner and Wetterhahn 1747 Pennsylvania Avenue Washington, DC 20006 Secretary' U.S. Nuclear Regulatory Commission ATTN:
Chief, Docketing & Service Branch Washington, DC 20555 Atomic Safety and' Lice'nsing Appe'al Boa'r'd
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U.S. Nuclea'r Regulatory Commission
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Washington, DC'.
20'555 Y
'h Robert J.OSugar(pn
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Dat'ed:
September 14, 1982
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