ML20027C593
| ML20027C593 | |
| 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 8210180253 | |
| Download: ML20027C593 (3) | |
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E22987 00LMETED UNITED STATES OF AMERICA N-NUCLEAR REGULATORY COMMISSION
'82 00T 14 P3:37 In the Matter of
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0FFICE OF SE(,RCTIJ Philadelphia Electric Company
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Doc)EKNQC86D'~52-OL 3
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50-353-OL, (Limerick Generating Station,
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Units 1 and 2)
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lepti Ch c L /c L J iec MOTION TO STRIKE TESTIMONY OF JOHN LEHR as Q FF fehdut:. $C bl2,lf((5
. Pursuant to the Board's Order of August 23,
- 1982, Del-AWARE hereby moves to strike the testimony of John Lehr, to the extent indicated below:
1.
The witness proposes to test'ify that his testimony
" addresses the potential for the present of toxies", and in A-3 identifies toxies TCE,
- PCB, Manganese, pesticide and others.
- However, the witness's testimony deals with the water quality generally, and thus goes beyond the witness's j
statement of the purpose of his testimony, as well as the his understanding of Del-AWARE's definition of toxics.
2.
The witness's testimony shows extreme bias, in that all parameters are referred to as, "not violated'",
" infrequent violations",
"with the exception of",
and "except",
and makes no positive statements regarding
/
violation, without qualifying them
, by concept of 4
" infrequent".
Furthermore, the testimony discloses a
consistent bias in failing to deal 8210180253 820927 i
PDR ADOCK 05000352 O
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With bicaccumulation by humans and aquatic life!,
or the i
potential impact of toxies on aquatic life,
- singly, and i
cumulatively, and synerggstically.
i 3 ;.
The testimony also displays consistent and extreme bias in failing to deal with impacts of toxic levels, the l
absetz.:e of any data to support the conclusions of the DRBC l
l regarding toxies, and to qualify or provide a basis for his l
claimion t.4at impurities in ground water "can be controlled t
to acceptable levels".
l 4.
The witness has refused and failed to consult l
reports and data available from such sources as Environmental and' Protection Agency, reporting on toxic t
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contamination in the Lehigh
- River, and indicating the i
presence at levels above unacceptable action levels a t.,the,
mouth'of the Lehigh for at least seven constituents during l
average conditions after completion of compliance.
5.
The witness has consistently used qualitative words such as "significant",
" sporadically",
" occasional elevations", and "very low".
The witness as characterize {.
toxic substances observed concentrations as very
- low, despite the fact that he admits there are only "very limited, _
data" on such substances, and he has ignored some of th,at which does exist. (A15) 1 4
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For the foregoing reasons, the testimony of witness Lehr would be misleading, is unqualified, and would be inapprbpriate being received by the Board, and should be
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excluded.
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ROBERT J.
S'udARMAN.
Attorney for Del-AWARE Unlimited, l
Intervenor 0
Of Counsel:
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SUGARMAN & DENWORTH i
)
121 S.
Broad Street, Suite 510 i
Philadelphia, PA 19107 l
(215) 546-0162 i
September 27, 1982 180
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