ML20038A710
| ML20038A710 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 11/12/1981 |
| From: | Brenner L NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | AIR AND WATER POLLUTION PATROL, Environmental Coalition on Nuclear Power, FRIENDS OF THE EARTH |
| References | |
| CON-NRC NUDOCS 8111160200 | |
| Download: ML20038A710 (6) | |
Text
Sd 11/12/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION D
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'81 NOV 12 P3n1&re Administrative Judges:
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Lawrence Etanner, Chairman C
Dr. Richard F. Cole NOVI
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A CH SERVED,y %,L~ kol In the Matter of
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Docket Nos. 50-352
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50-353 (Limerick Generating Station,
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Units 1 and 2)
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November 12, 1981 SUPPLEMENTAL MEMORANDUM AND ORDER ADJUSTING SCHEDULE Subsequent to the preparation of the Board's order of November 9, e
1981, we received a request from the Environmental Coalition on Nuclear i.
Power (ECNP) dated November 7, a request from the Air and Water Pollution Patrol (AWPP), dated November 6, and a handwritten postcard from Robert L.
Anthony, dated November 5, seeking extensions of time to file contentions.
The Order of November 9 inter alia extended the time by which a joint statement of contentions must be received by one week to November 24,19817 That relief applies to ECNP, AWPP, and Mr. Anthony (who has previously filed a petition as the representative of Friends of the Earth in the Delaware Valley (F0E)), if they participate with other petitioners through counsel for Limerick Ecology Action (LEA) in the coordination and filing of a joint statement of contentions.
For the reasons noted in the order of November 9, the specific extensions of time within which to file contentions requested by ECNP (to twenty days i
after its receipt of the FSAR and ER), F0E (to December 15) and AWPP a* e denied.
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t We add the observation that petitioners have been on notice since the e
publication of the !.otice of opportunity for hearing on August 21, 1981 f
(46 Fed. Reg. 42,557), in response to which they filed petitions to inter-j vene, that they must begin to prepare contentions and that the FSAR and ER l
were available for use in Pottstown, Pennsylvania (as well as in Washington, i
i D.C.).
Furthermore, as stated in the notice _ and unless otherwise adjusted by the Board, contentions are due not later than fif teen days prior to the first prehearing conference.
Since it is generally contemplated by 10 CFR l
6 2.751a that the first special prehearing conference would be held within i
ninety days of the publication of the notice of hearing, it was to be ex-pected that content! ions would be due by No\\ ember 6, 1981. The actual schedule set by the Board for the filing of contentions in this proceeding 1
is less restrictive.
Based on the telephone conference call, and as reflected in the Board's l
November 9 order, we expect that copies of the FSAR and ER have now been re-ceived by ECNP and Mr. Anthony.
However, the Board's ruling that copies be I
made available to these two parties was an accomodation to facilitate their participation.
It was not a prerequisite, either under the regulations or more general concepts of fundame.ntal fairness in the circumstances of this case, to the ability of ECNP and F0E to prepare contentions. We are in the early stages of a formal, complex litigation of serious issues. Petitioning groups which have failed to take the initiative over a period of three months
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to utilize the public document room in Pottstown through their local repre-sentatives,l simply will be unable to participate effectively in the greater demands of an adjudicative proceeding yet to come unless they adjust their passive approach.2/
AWP?'s concern is somewhat different, and more acceptable, than that i
discussed above. AWPP is using the Pottstown library, but revisions to the FSAR and ER were only received there the first week in November. This matter was also raised in LEA's letter of November 3, and noted in our order of f
November 9.
Our own review of the volume of amendments 26 and 27 of the application does not lead to the conclusion that it is not easily reviewable, certainly within a week.
In general, AWPP should be aware that material new information can form the basis for a showing of good cause for the filing of a late contention.
Such a showing must of course be particularized in i
the context of the proposed late contention.
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i 1/ Petitioners, if they preferred, could have used the Washington, D.C.
main public document room, or perhaps even have requested the assistance of counsel for the Commonwealth of Pennsylvania to use the Commonwealth's copies in Harrisburg.
2/ Similarly, handwritten postcards served only on the Board Chairman by Mr. Anthony are unacceptable as to form and method of service.
10 CFR tt2.701 and 2.708.
Such mailings will in the future be ignored. Con-trary to the explicit description in the Board's October 14 order of the requirement for serving all parties, and including with all pleadings a certificate of service listing the parties served, several petitioners are ignoring this essential requirement.
In addition to Mr. Anthony's postcards, two recent examples are AWPP's failure to include most of the service list (e.g., two members of the Board, Staff counsel, the Licensing Board Panel, the Appeal Board, Counsel for the Commonwealth of Pennsylvania, and many petitioners), and ECNP's unacceptably bare certification that "the parties to this proceeding" have been served.
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i In view of the action taken, there is no necessity for replies by the Applicant and Staff to the filings ruled upon in this order.
Counsel for LEA, as coordinating petitioner, and counsel for the !4RC S*.aff and s
Applicant were informed of this order by telephone on November 10, 1981.
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, Chairman Lawrence Brenner ADMINISTRATIVE JUDGE Bethesda, Maryland
'?ovember 12, 1981 I
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Bd 11/12/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Lawrence Brenner, Chairman Dr. Richard F. Cole Dr. Peter A..trris In the Matter of
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PHILADELPHIA ELECTRIC COMPANY )
Docket Nos. 50-352
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50-353 (Limerick Generating Station,
)
Units 1 and 2)
)
NoveT.ber 12, 1981 l
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COURTESY NOTIFICATION l
This is intended solely as a courtesy and convenience to provide extra time to those notified.
Official service will be separate from i
the courtesy notification and will be made by the Office of the Secre-tary of the Comnission.
I I hereby certify that I have today mailed copies of the Board's SUPPLEMENTAL MEMORANDUM AND ORDER ADJUSTING SCHEDULE, dated this date, to the persons designated (*) on the attached Mailing List.
ty h Z 0 LW Doris M. Moran Clerk to the Atomic Safety and Licensing Board Bethesda, Maryland November 12, 1981
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MAILING LIST Mr. Frank R. Romano Judith A. Dorsey, Esq.
Air and Water Pollution Patrol Limerick Ecology Action 61 Forest Avenue 1315 Walnut Street, Suite 1632 Ambler, PA 19002 Philadelphia, PA 19107 Robert L. Anthony Environmental Coalition on Friends of the Earth of the Nuclear Power Delaware Valley Dr. Judith H. Johnsrud, Co-Director 103 Vernon Lar.e, Box 186 433 Orlando Avenue j
Moylan, PA 19065 State College, PA 16801 Troy Conner, Jr, Esq.
Stephen H. Lewis, Esq.
l Conner & Wetterhahn Office of the Executive Legal 1747 Pa. Ave. N.W.
Director l
Washington, D.C. 20006 U.S. Nuclear Regulatory Commission l
Washington, D.C. 20555 I
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