ML20027C593

Motion to Strike J Lear Testimony.Testimony Shows Extreme Bias & Goes Beyond Witness Statement of Purpose.Related Correspondence

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)

Text

Hand deuoceaas x u c.s e u w a u

^~ '

, nuv.w rc *' E22987 00LMETED UNITED STATES OF AMERICA N-NUCLEAR REGULATORY COMMISSION

'82 00T 14 P3:37 In the Matter of )

) 0FFICE OF SE(,RCTIJ Philadelphia Electric Company ) Doc)EKNQC50-353-OL, 3 86D'~52-OL -

) *

(Limerick Generating Station, )

Units 1 and 2) ,

)

lepti Ch c L /c L J iec MOTION TO STRIKE TESTIMONY OF JOHN LEHR as FF Q

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

PDR M@

!' With bicaccumulation by humans and aquatic life!, or the i

i potential impact of toxies on aquatic life, singly, and cumulatively, and synerggstically.

3 ;. The testimony also displays consistent and extreme -

i

! 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

~

i contamination in the Lehigh River, and indicating the

. 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

l f

l

~

g ,

, l l

e.. o

(

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 ~

excluded.

f\ {

N k ' '

l l , ROBERT J. S'udARMAN .  !

Attorney for Del-AWARE Unlimited, l Intervenor

- 0 Of Counsel

i j SUGARMAN & DENWORTH

) 121 S. Broad Street, Suite 510 i i

Philadelphia, PA 19107 l (215) 546-0162 i

September 27, 1982 .

180

~

"'Do 3 --h. C e

e 0

1 .

+

9

_ . . _ _ _ . _ _ _ _ . _ - . - . - . - . .