ML20032C908
| ML20032C908 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 11/09/1981 |
| From: | Brenner L Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 8111120381 | |
| Download: ML20032C908 (4) | |
Text
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Bd 11/09/81 J
3 UNITED STATES OF AMERICA 1ED 00}syqC NUCLEAR REGULATORY COMMISSION 56'4/g p
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$ im 10 A10:05 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
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FICE OF SECRET / f Dr. Richard F. Cole
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3 BRANCH Dr. Peter A. Morris SERVED NOV101981
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In the Matter of
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PHILADELPHIA ELECTRIC COMPANY
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Docket Nos. 50-352
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50-353 e
'i (Limerick Generating Station,
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Units 1 and 2)
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November 9, 1981 r
MEMORANDUM AND ORDER ADJUSTING SCHEDULE AND CLARIFYING STATUS OF LIMITED APPEAR 0RS A conference call was initiated-by the Board on November 9,1981 with counsel for Limerick Ecology Action (LEA), the NRC Staff 'and the Applicant
.to, dis, cuss LEA's letter of November 3, 1981 (which was received by the Boaro on the 'fternoon of November 6).
The, Board appreciates the fact a
that LEA is acting as lead coordinator and that some of the schedule prob-lems asserted by LEA's letter were on behalf of some of the other peti-tioners rather than LEA itself.
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3 c.f The Board had expected updated copies of the FSAR and ER to be made available pursuant to our order of Oci.ober 14 more promptly than approxi-mately November 6.-+j On the other hand, the minimum legal
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This date is an estimate based on the date Judge Cole received his During the conference call, it was agreed that counsel for LEA
, copy.
would alert Applicant's counsel if the documents were still not q)SD) received.
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requirements of having the documents available at the Pottstown LPDR (except for Amendments 26 sed 27, dated September 25 and 30, respectively) were met.
However, in order to assure the coordinated filing of conten-tions as indicated by 0 order of Cetober 14, and because there was flexibility to adjust the filing schedule by approximately one week with-out the need to delay the probable date for the Special Prehearing Con-ference, the Board announced the foi owing schedule changes during the conference call.
The schedule. set forti on page 2 of the order of October 14 is modified as follows:
1.
The joint statement of contentions shall be filed so that it is received by November 24, 1981 by the Board, counsel for the NRC Staff, and Washington, D. C. counse. for Applicant.
(The remainder of the service list shall be served by first class mail deposited no later than Navember 24.)
2.
Answers by the Appifcant and Sta'ff to all contentions sha;! be served by December 7, 1981. Counsel for LEA shall be served by express mail.
The Boerd's copies shall be received by the beginning of the next day.
3.
Responses by petitioners to the answers of the Applicant and Staff shall be served by December 21, 1981.
It should be noted that'the filing date for contentions has been ex-tended only for the coordinated joint statement cf contentions.
The Board does not find good cause for extending the date for the filing of conten-tions by individual petitioners. We do perceive enough of a problem,
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including the extra burden which necessarily falls on the lead coordinator for petitioners, to provide an additional week for the coordination of contentions in a joint statement. Pe.titioners who do not take the initia-j tive to coordinate their contentions through LEA as lead coordinator must comply with the November 17 date for receipt of contentions as set forth in our prior order. The dates for answers and responses to those anst;rs,
. set forth in items 2 and 3 above, apply to individual contentions which i
i must be received by November 17, as well as to the joint statement of con-tentions.
In response to Staff counsel's question during the conference call, j
the Board stated that it was and remains the intent of our order that the Staff and Applicant respnd to all contentions on the schedule indicated above, rather than just analyzing whether petitioners have filed at least one acceptable contention.
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The Special Prehearing Ccnference will probably be held in 4
Norristown, Pennsylvania, on January 5, 1982.
It will continue if neces-1 i
sary on January'6 and 7.
A notice specifying the location and schedule will be issued about a month in advance of the conference.
i Limited Appearors i
1 In our order of October 14 (pp.5-6), we directed Clarence Wells.
Samuel and Clarissa Cooper, Steven Levin and Helene Greenstein, inter i
alia, to inform us by October 26 if they intended their filings to be b
requests for foriaal party status as intervenors, as distinguished from
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limited appearance statements.
None of these persons haie responded. Ac-cordingly, we rule that their filings are limited appearance statements.
They will be placed on the Commission's list of per;ons to receive hearing notices, but they should not be included on the service list of parties and petitioners to receive all filings and correspondence in this pro-ceeding.
In addition, our order of October 14 (at pp. 10-11) " requested" Charles Bruce Taylor to provide additional information by October 26.
He has not done so.
In this instance, the Board is not prepared to construe silence as a default because of the different context of the discussion in this portion of the order and because we purposefully merely requested the information from Mr. Taylor. However, it now appears to us that Mr.
Taylor's letter of August 26 may have been intended as a limited appear-ance statement. We were informed that Mr. Taylor has not been one of the petitioners involved in the coordination of contentions. Accordingly, un-less we receive contentions from Mr. Taylor by November 17, or a statement by Nove,nber 17 that he is part.icipating in the joint statement of conten-tions, we rule that.his letter is a limited appearance statement. As with the other limited appearors, in that event his name would be deleted from the legal service list and placed instead on the Commission's list of per-sons to receive hearing notices.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
- -h 4 A h, Chairman r
Lawrence Brenner ADMINISTRATIVE JUDGE Bethesda, Maryland November 9, 1981 j