ML20040C054

Response to W Lochstet Addl Matl Supplied Subsequent to 820106-08 Prehearing Conference.Lochstet Has Failed to Demonstrate Standing.Documents 2-4 Unrelated to WASH-740 Update.Certificate of Svc Encl

ML20040C054
Person / Time
Site:	Limerick
Issue date:	01/22/1982
From:	Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8201270212
Download: ML20040C054 (6)

Text

. . _ __

9 UNITED STATES OF AMERICA EIY NUCLEAR REGCLATORY COMMISSION Before the Atomic Safety and Licensing Board

'82 JMl 25 P2:37 crfir- ,

00 9 In the Matter of ) dd, .._

) c A Philadelphia Electric Company ) Docket Nos. 50-352 p g

) 50-353 (Limerick Generating Station, ) p RECEWED g Units a and 2) )

J AN 2 61982 *-  ::

C  :: not i:nwm tan 218 10 APPLICANT'S RESPONSE TO ADDITIONAL MATERIAL tus gyE5 88 s SUPPLIED BY PETITIONER LOCHSTET SUBSEQUENT TO g gy PREHEARING CONFERENCE ON JANUARY 6-8, 1982 ~ pa On January 14, 1982 William A. Lochstet, petitioner for leave to intervene in'the captioned proceeding, submitted a pleading entitled " Additional material supplied by petitioner Lochstet subsequent to Prehearing Conference of 6-8 Jan. 1982,"

attached to which were four documents. At the Prehearing Confer-ence on January 8, 1982 the Atomic Safety and Licensing Board granted the Applicant until January 22, 1982 to respond to the document that Dr. Lochstet was to file regarding "a segment of the WASH-740 update on which he relies for his claims of standing."

(Tr. 723-724, particularly Tr. 723, lines 3 and 4.)

Prior to discussing this matter, it is Applicant's position that the documents numbered 2-4 in Petitioner Lochstet's pleading are not related to the WASH-740 update and hence represent an unauthorized and impennissible attempt to augment These documents should be disregarded by the

%D3 his contentions. $

Licensing Board. In any event, they appear to add nothing to / /

bolster his contentions.

8201270212 820122 PDR ADOCK 050003S2 G PDR

With regard to the first document, initially it is on its face not an update to WASH-740, but merely meeting minutes. As such, it cannot be considered authoritative nor even rise to the dignity of WASH-740, itself. The views expressed are clearly attributed to individuals and there is no indication of any Consensus.

Moreover, there has been no demonstration that either WASH-740 or these meeting minutes have any applicability to the situation which may exist at the Limerick Station. The statements contained in the meeting minutes must be understood in the context of one of the two basic assumptions listed on page 2 of the document, to wit:

1. Given the choice of assumptions, take the most pessimistic of the ones that cannot be shown false; and There has been no demonstration that the hypothetical situations discussed in these meeting minutes have any relationship to a reactor of the Limerick type or that there is any reason to apply this document in the context of demonstrating standing for indiv2 duals situated at large distances from the Limerick facility.

In conclusion, there is nothing contained in the meeting minutes which would require this Board to undo the long-standing Commission decisions regarding the limits on proximity as constituting a demonstration of standing. Dr.

Lochstet's case is not helped by this 17 year old document.

. _ _ . _ . . _ _ .. _ _ =

I t 1

Applicant's position remains that Petitioner Lochstet has failed to demonstrate standing.

Respectfully submitted, 1

CONNER & WETTERHAHN

]

$ lye f

lll '

Mark J. Wetterhahn Counsel for the Applicant 1747 Pennsylvania Avenue, N.W.

Washington, D.C. 20006 202/833-3500 January 22, 1982 s

i I

e

~

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

PHILADELPHIA ELECTRIC COMPANY ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Response to Additional Material Supplied by Petitioner Lochstet Subsequent to Prehearing Conference on January 6-8, 1982,"

dated January 22, 1982, in the' captioned matter, have been served upon the following by deposit in the-United States mail this 22nd day of January, 1982.

Judge Lawrence Brenner Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Docketing and Service Section Judge Richard F. Cole Office of tha Secretary Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555

' Commission Washington, D.C. 20555 Stephen H. Lewis, Esq.

Counsel for NRC Staff Judge Peter A. Morris Office of the Executive Atomic Safety and Licensing Legal Director Board U.S. Nuclear Regulatory I U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 1

i

]

l Atomic Safety and Licensing Philadelphia Electric Company Board Panel ATTN: Edward'G. Bauer, Jr.

U.S. Nuclear Regulatory Vice President &

Commission General Counsel Washington, D.C. 20555 2301 Market Street Philadelphia, PA 19101 Mr. Frank R. Romano 61 Forest Avenue Robert W. Adler, Esq.

Ambler, PA 19002 Assistant Counsel Commonwealth of' Pennsylvania Mr. Charles B. Taylor DER 24 West Tenth Avenue 505 Executive House Collegeville, PA 19426 P.O. Box 2357 Harrisburg, PA 17120 Mr. Robert L. Anthony 103 Vernon Lane Thomas Gerusky, Director Moylan, PA 19065 Bureau of Radiation Protection Department of Environmental Mr. Marvin I. Lewis Resources 6504 Bradford Terrace 5th Floor, Fulton Bank Bldg.

Philadelphia, PA 19149 Third and Locust Streets Harrisburg, PA 17120 Samuel & Clarissa B. Cooper P.O. Box 16 Director Colora, Maryland 21917 Pennsylvania Emergency Management Agency Judith A. Dorsey, Esq. Basement, Transportation and 1315 Walnut Street Safety Bldg.

Suite 1632 Harrisburg, PA 17120 Philadelphia, PA 19107 Jt;hn Shniper, Esq.

Charles W. Elliott, Esq= By Mayerson, P.C.

123 N. 5th Stree'. Meeting House Law Bldg. and Suite 101 Gallery Allentown, PA 18102 Mennonite Church Road Schuylkill Road Mr. William Lochstet Spring City, PA 19475 119 E. Aaron Drive State College, PA 16804 Steven P. Hershey, Esq.

Comm' 'Jtt.y Legal Services , Inc.

Mr. Alan J. Nogte Sy'Ja la House 3700 Chestnut Street *S: ip, - A Locust Streets Philadelphia, PA 19104 ' ' '

.91phia, PA 19107 Mr. Steven Levin James M. Neill, Esq.

11 Beard Circle Box 511 Phoenixville, PA 19460 Dublin, PA 18917

Donald S. Bronstein, Esq. Robert J. Sugarman, Esq. ,

1425 Walnut Street Berle, Butzel, Kass, Case-Philadelphia, PA. 19102 and Sugarman 2115 Bainbridge Street Mr. Joseph H. White, III Philadelphia, PA 19146 11 South :lerion Avenue Bryn Mawr, PA 19010 W. Wilson Goode Managing Director Dr. Judith H. Johnsrud City of Philadelphia Co-Director, ECNP Philadelphia, Pennsylvania 433 Orlando Avenue State College, PA 16801 -

Walter W. Cohen, Esq.

Consumer Advocate Office of Attorney General 1425 Strawberry Square Harrisburg, PA 17120 Mark J. (ptterhahn i Counsel for the Applicant

- , - - - . , e-- ~- -- , , . , , , - , w , , . . , , - . - - - - - - - . , - ,. ,