ML20033A906
| ML20033A906 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 11/18/1981 |
| From: | Elliott C THOMAS & HAIR |
| To: | Morris P Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8111300145 | |
| Download: ML20033A906 (4) | |
Text
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THOMAS AND HAIR
' M 'g \\ g ATTORNEYS AT LAW S'JITE 101 i
t 123 NORTH FIFTH STREET DOCKETED (1SNRC q
ALLENToWN, PENNSYLVANIA 18102 I
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TELEPNous JOHN P. THOMAS CH ARLES J MAIR 21f 100 (PENNA., N.Y.I CH ARLES W. ELUOTT WILUAM M. THOMAS J: TCE CF SECRETARY CChEI.HG & SERVICE c9Af!CH November 18, 1981
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Judge Peter A. Morris Atomic Safety and Licensing Board N
U.S. Nuclear Regulatory Commission
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Washington, DC 20555
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In the Matter of Philadelphia Electric Company /J/-[
f.I U (Limerick Generating Station, Units 1 and 2)
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Docket Nos. 50-352 50-353
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Dear Judge Morris:
In reviewing documents relating to the constrdethn'.... _
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permit stage of the above capticned, representati;as of Limerick Ecclogy Action have become awara that during the course of the staff review of the constrt.ction permit application and related documents, you were employed by the Atomic Energy Commission as Director of the Division of Reactor Licensing.
It appears that as the Director of the Division of Reactor Licensing, you were required to oversee staff review of the facility, which culminated in the issuance by the DRL i
of a safety evaluation for the facility.
The safety evaluation of course covered all significant a'..vcts of the f acility, from site and environment through detailed evaluation of the plant itself.
Inasmuch as the safety evaluation represents the staff position on all matters set forth in the evaluation, it seems clear that as Director of the Division of Reactor Licensin@, you have taken a " position"'o'n numerous facts concerning the Limerick facility.
SD3 In c.ddition, it is possible that you were obligated to D 3 engage in discussions with representatives of Philadelphia Electric Company which are not reflected in the record l
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of the proceedings on the construction permit apolication.
8111300145 811118 PDR ADOCK 05000352 G
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Judge Peter A. Morris November 16, 1981 We feel that this informatica is sufficient to warrant some inquiry into the nature and extent of your direct involvement in the Limerick construction permit proceedings, so that the these operating license proceedings may be held with all parties' highest possible confidence in the integrity of the decisional process.
We note that the usual Commission practice in such circumstances has been for the involved Commission adjudicator to 4
make available to the parties in the proceeding a memorandum disclosing the nature and extent of the prior involvement in the proceeding.
(See In The Matter of Metropolitan Edison Company, et al, Three Mile Island Nuclear Station Unit One, Docket No. 50-289 (Restart), Memorandum from Stephen F.
Eilperin, Chairman, ASLAB, dated September 28, 1981; In the Matter of Pacific Gas and Electric Company,_ Diablo Canyon Nuclear Pcwer Plant, Units One and Two, Docket Nos. 50-275, 323, Memorandum from Joseph M. Hendrie, Commissioner, Dated April 21, 1980).
In accordance with that practice, we respectfully request the.t such a memorandum be made available to the parties to this proceeding.
Thank you for your attention to this matter.
Very truly yours, A,
c CHARLES W.
ELLIOTT d
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Official Limerick Service List (See attached Certificate of Service)
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$ocketir.g & Service B:
BEFORE THE
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U1 UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of
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Docket Nos. 50-352 PHILADELPHIA ELECTRIC COMPANY
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(Limerick Generating Station
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50-353 Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing letter from Charles W.
Elliott, Esquire, to Judge Peter A. Morris dated November 18, 1981, was served on the fellowing by deposit in the United States mail, first class postage prepaid, on this 18th day of November, 1981:
Administrative Judge Lawrence Brenner Counsel for NRC Staff Atomic Safety and Licensing Board Office of the Executive U.S. Nuclear Regulatory Commission Legal Director Washington, D.
C.
20555 Troy B.
Conner, Jr., Esquire Administrative Judge Richard F.
Cole Conner & Wetterhahn Atomic Safety and Licensing Board 1747 Pennsylvania Ave.,
N.W.
U.S. Nuclear Regulatory Commission Washington, D.
C.
20006 Washington, D.
C.
20555 Docketing and Service Section Administrative iudge Peter A.' Morris U.S. Nuclear Regulatory Qnnission Atomic Safety and Licensing Board Washington, D.
C.
20555 U.S.
Nuclear Regulatory Commission Washington, D.
C.
20555 Atomic Safety and Licensing
,9 Appeal Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Oxrdssion Beard Panel Washington, D.
C.
20555 U.S. Nuclear Regulatory Commission Washington, D.
C.
20555 R
Mr. Frank R.
Romana Robert J. Sugarman, Esquire 61 Forest Avenue Berle, Butzel, Kass, Case &
Anbler, Pennsylvania 19002 Sugarman 2115 Bainbridge Street Mr. Alan J. Nogee Philadelphia, Pennsylvania 19146 3700 Chestnut Street Philadelphia, Pennsylvania 19104 Mr. Joseph H. White, III 11 South Merion Avenue Donald S.
Bronscein, Esquire Bryn Mawr, Pennsylvania 19010 1425 Walnut Street Philadelphia, Pennsylvania 19102 Dr. Judith H. Johnsrud Co-Director, ECNP Robert W. Adler, Ssquire 433 Orlando Avenue Assistant Counsel State College, Pennsylvania 16801 Commonwealth of Pennsylvania, DER 505 Executive House, P.O.
Box 2357 Walter W. Cohen, Esquire Harrisburg, Pennsylvania 17120 Consumer Advocate Offi'c0 of Attorney General' Mr. Thomas Gerusky, Director 1425 Strawberry Square Bureau of Radiation Protection Harrisburg, Pennsylvania 17120 Dept. of Environmental Resources 5th Floor, Fulton Bank Building Director Third and Locust Streets Pennsylvania Emergency Management Harrisburg, Pennsylvania 17120 Agency Basement, Transportation & Safety BLig.
Randall Brubaker, Esquire Harrisburg, Pennsylvania 17120 Assistant Counsel Commonwealth of Pennsylvania, DER John Shniper, Esquire Rm. 1200, 1315 Walnut Street Hy Mayerson, P.C.
Philadelphia, Pennsylvania 19107 Meeting House Law Bldg. and Gallery Mennonite Church Road, Schuykill Road Mr. Charles B.
Taylor Spring City, Pennsylvania 19475 24 West Tenth Avenue Collegeville, Pennsylvania 19426 Steven P.
Hershey, Esquire Community Legal Services, Inc.
Mr. Marvin I.
Lewis Sylvania House 6504 Bradford Terrace Juniper & Locust Streets Philadelphia, Pennsylvania 19149 Philadelphia, Pennsylvania 19107 Judith A.
Dorsey, Esquire 1315 Walnut Street, Suite 1632 Philadelphia, Pennsylvania 19107 P
Mr. William Lochstet 119 E. Aaron Drive State College, Pennsylvania 16804 Mr. Robert L. Anthony 103 Vernon Lane, Box 186 Moylan, Pennsylvania 19065 jfr
-Charles W.
Elliott, Esqbire