ML20027C587

Motion to Strike Eh Bourguard Testimony Re Impacts of Intake of Biological Species.No Expertise Shown by Witness Re Subj Matter of Testimony.Related Correspondence

ML20027C587
Person / Time
Site:	Limerick
Issue date:	09/27/1982
From:	Sugarman R DEL-AWARE UNLIMITED, INC., SUGARMAN & ASSOCIATES
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8210180217
Download: ML20027C587 (2)

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UNITED STATES OF A. I W I

\ NUCLEAR REGULATORY COMMISSION C4ax k/aA j M OCT 14 P3:37 ggt 6 * *Jrp In the Matter of )

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Philadel'phia Electric Company ) 0FFICE OF SEhRtdi 400CKETING a ty iet No. 50

) BRANCH 50-353-OL, .

(Limerick Generating Station, )

Units 1 and 2) )

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h0 TION TO STRIKE THE TESTIMONY OF E. H. BOURQUARD'IN CERTAIN RESPECTS Del-AWARE Unlimited moves to strike the testimony of E. H. Bourquard concerning the impacts of the intake of bio-logical species, and avers as the basis thereof the following:

1. In his testimony, Bourquard proposed to testify con-cerning.the ability of the intake to avoid damage through tihe hydrolics and hydrologic impacts of the river, and to avoid damage to the biological species, through the volocity and flow patterns of the river. (5 5, 7, 8, & 9)

2. In his deposition, Bourquard admitted that he has made mo study of the hydrolics of eddies, or of this eddy, and that his firm is not experienced in intakes. (August 6, pp 4-5) ,

3. Bourquard has shown no expertise i,n the hydrolics dr hydrology of river currents in various configurations, and is not qualified as an engineer to make opinion judgments re-garding such metters without appropriate studies. 4

4. Bourquard has no biological expertise, and is totally

! unqualified to give an opinion concerning the ability of various species to resist or sustain impacts of intakes.

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s. 5. In the history of the design of the intake, Bourquard has been required to move it at least twice, because of adverse affects;on fish, after two attempts in both of which he con-

• cluded that the proposed locations and designs would not ,

adversly affect biological species. WHEREFORE, Del-AWARE mover that the testimony of E. H. Bourquard regarding the specific inter-relationship between the intake and the river, and that the impacts thereof on biological species, including damage to the intake, requiring reconstruc- - tion and repair, and the impacts on fish, be struck.. C-

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( \ - i ROBERT J. SUGARMAN -) Attorney for Del-AWARE Unlimited, Intervenor Of Counsel: - SUGARF1AN & DENWORTH 121 S. Broad Street, Suite 510 , . , _ . , Philadelphia, PA 19107 . (215) 546-0162 . September 27, 1982

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