ML20038C030
| ML20038C030 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 12/03/1981 |
| From: | Elliott C LIMERICK ECOLOGY ACTION, INC., THOMAS & HAIR |
| To: | Brenner L, Cole R, Morris P Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8112090439 | |
| Download: ML20038C030 (4) | |
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THOMAS AND HAIR g
ATTORNEYS AT LAW ggg{i[,Q suite ici m 0-123 NORTH FIFTH STREET ALLENToWN. PENNSYLVANIA 18i02
'81 EC -7 Ph15 JOHN P. THOM A!5 m.....
CHARLES J HAIR (2153821 8t00
December 3, 1981
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Administrative Judge Lawrence Brenne:c Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Administrative Judge Richard F. Cole
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U.S. Nuclear Regulatory Commission Washington, D.C.
20555 q F-P 7
Administrative Judge Peter A. Morris
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M Atomic Safety and Licensing Board f
U.S. Nuclear Regulatory Commission DECS 1931* ;-j.
Washington, D.C.
20555
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y In the Matter of Philadelphia Electric Compahy 'Ib p(h Re:
(Limerick Generating Station, Units 1 aind 2) '
Docket No. (s) 50-352 and 50-353
Dear Members of the Board:
I am writing this letter to advise the Board of certain events which may materially bear upon contentions
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submitted by Limerick Ecology Action relating to the Applicant's l
Probabilistic Risk Assessment, and the staff's review of that risk assessment.
On October 27, 1981, by letter to Darrell Eisenhut, NRC Director, Division of Licensing, on behalf of Limerick Ecology Action, I requested access to certain detailed faalt trees which comprised part of the Probabilistic Risk Assessment 7
.and which had been withheld from.public disclosure at the Applicant's request pursuant to 10 CFR S 2.790 (d).
In the 7
alternative, I requested that the letter be considered a request for access pursuant to the Freedom of Information Act, 5 USC S552.
A cooy of that letter was sent to the Board as SD3 well as the entire service list to this proceeding.
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Sj l I. l DO K O No h PDR I.-
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[i Administrative Judge Lawrence Brenner Administrative Judge' Richard F. Cole Administrative Judge Peter A. Morris f-f Page 2
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December 3, 1981 Apparently, in response to my request for access to the fault trees, the Applicant, by' letter of November 9, 1981, from Troy B. Conner, Esquire to William Dircks, demanded that the j
Commission.immediately return all copies of the fault trees to y
PECO.
That letter was not sent to the Board, nor counsel for.
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the Staff, nor any other person on the service list except myself.
I am attaching a copy of that letter.
On November 13, 1981, I responded to PECO's demand, setting forth LEA's view that such a demand was improper and unlawful.
That letter was forwarded to Mr. Conner and all the recipients of his letter.
I attach a copy of that letter also.
On November 24, 1981, Mr. Conner directed a letter to Mr. Harold Denton, with an affidavit of an employee of General Electric Company setting forth the basis of PECO's assertion that the fault trees are proprietary information of a third party, General Electric Company.
I attach a copy h
of that letter.
if I bring this history of events to the attention of h'
the Board to ensure that it is aware of these matters potentially
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affecting the staff review of the fault trees and LEA's request for access to them, and in anticipation of the Board's assumption of jurisdiction over LEAS request for access to the fault trees, party to at least in the context of its claim for access a.c a
these adjudicative proceedings.
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Very truly yours,
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CHARLES W. ELLIOTT CWE:seh cc: Limerick Service List See attached certificate of service C
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'81 EC -7 P4:15 BEFORE THE th4.
UNITED STATES NUCLEAR REGULATORY COMMISSIONF m.tc 3 h SUW:C 5 ANCH In the Matter of
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Dochet 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 Judges Brenner, Cole and Morris dated December 3, 1981, was served on the following by deposit in the United States mail, first class postage prepaid, on this 3rd day of December, 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-Washington, D. C.
20555 Administrative Judge Richard F. Cole Troy B.
Conner, Jr., Esquire Atomic Safety and Licensing Board Conner & Wetterhahn U.S. Nuclear Regulatory Commission 1747 Pennsylvania Ave., N.W.
Washington, D. C.
20555 Washington, D.
C. 20006 Administrative Judge Peter A. Morris Docketing and Service Section Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.
C. 20555 Washington, D.
C.
20555 Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel
. Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Pegulatory. Commission Washington, D.
C. 20555 Washington, D.
C.
20555 Mr. Frank Romana Philadelphia Electric Compa'ny 61 Forest Avenue ATTN:
Edward G.
Bauer, Jr.
Ambler, Pennsylvania 19002 V.ce Pres. & Gen. Counsel 2301 Market Street Philadelphia, Pennsylvania 19101 7
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e Mr. Alan J.
Nogee Dr. Judith H. Johnsrud 3700 Chestnut Street Co-Director, ECNP Philadelphia, Pennsylvania 19104 433 Orlando Avenue State College, Pennsylvania 16801 Donald S.
Bronstein, Esquire 1425 Walnut Street Walter W.
Cohen, Esquire Philadelphia, Pennsylvania 19102 Consumer Advocate Office of Attorney General Robert W.
Adler, Esquire 1425 Strawberry Square Assistant Counsel Harrisburg, Pennsylvania 17120 Commonwealth of Pennsylvania, DER 505 Executive House, P.O. Box 2357 Director Harrisburg, Pennsylvania 17120 Pennsylvania Emergency Management Agency Mr. Thomas Gerusky, Director Basement, Transportation & Safety Bureau of Radiation Protection Building Dapt. of Environmental Resources Harrisburg, Pennsylvania 17120 5th Floor,Ful. ton Bank Building Third and Locust Streets John Shniper, Esquire Harrisburg, Pennsylvania 17120 Hy Mayerson, P.C.
Meeting House Law Bldg. and Gallery Randall Brubaker, Esquire Mennonite Church Road,Schuykill Road Assistant Counsel Spring City, Pennsylvania 19475 Commonwealth of Pennsylvania, DER Rm. 1200, 1315 Walnut Street Steven P.
Hershey, Esquire Philadelphia, Pennsylvania 19107 Community Legal Services, Inc.
Sylvania House Mr. Charles B.
Taylor Juniper & Locust Streets 24 West Tenth Avenue Philadelphia, Pennsylvania 19107 Collegeville, Pennsylvania 19426 Mr. Marvin I.
Lewis 6504 Bradford Terrace Philadelphia, Pennsylvania 19149 Judith A.
Dorsey, Esquire 1315 Walnut Street, Suite 1632 Philadelphia, Pennsylvania 19107 Mr. William Lochstet 119 E. Aaron Drive State College, Pennsylvania 16804 Mr. Robert L. Anthony 103 Vernon Lane, Box 186 Moylan, Pennsylvania 19065 Robert J.
Sugarman, Esquire Berle, Butzel, Kass, Case &
Sugarman 2115 Bainbridge-Street Philadelphia, Pennsylvania 19146 e
Mr. Joseph H.
White, III 2/M)v 11 South Merion Avenue Charles W.
Elliott, Esquire Bryn Mawr, Pennsylvania 19010