ML20040C124

Response Opposing W Lochstet Matl Filed Subsequent to 820106-08 Prehearing Conference.Petitioner Has Failed to Demonstrate Standing.Certificate of Svc Encl

ML20040C124
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 8201270292
Download: ML20040C124 (6)

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UNITED STATES OF AMERICA ggtgg ..

NUCLEAR REGULATORY CO.v31ISSION 90 2-

Before the Atomic Safety and Licensine Board &! 25 P3:18 ,

'?W. ? 5: <

In the Matter of ) " -"2;f'

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Philadelphia Electric Company ) Docket Nos. 50-352 # m

) 50-3 4 '

(Limerick Generating Station, ) <, .

Units 1 and 2) )

APPLICANT'S RESPONSE TO ADDITIONAL MATERI. kg '

SUPPLIED BY PETITIONER LOCHSTET SUBSEQUENT %

PREHEARING CONFERENCE ON JANUARY 6-8, 1982 4 N 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 subseouent to Prehearing Conference of 6-8 Jan. 1962,"

t attached to which were four documents. At <he Prehearing Confer-i ence on January 8, 1982 the Atomic Safety and Licensing Board l

granted the Applicant until January 22, 1982 to respond to the l

l document that Dr. Lochstet was to file regarding "a segment of l

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 l

l pleading are not related to the WASH-740 update and hence represent an unauthorized and impermissible attempt to augment his contentions. These documents should be disregarded by the Licensing Board. In any event, they appear to add nothing to l

bolster his contentions. %D3 S

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. With regard to the first document, initially it is on its face not an update to RASH-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 individ'uals 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 Staticn. 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:

i

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 i

reactor of the Limerick type or that there is any reason to apply this document in the context of demonstrating standing for individuals 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 I

l proximity as constituting a demonstration of standing. Dr.

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

.u Applicant's position remains that Petitioner Lochstet has 2

failed to demonstrate standing.

Respectfully submitted, i

CONNER & WETTERHAHN l

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

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

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'82 Jid! 25 P3:18 UNITED STATES OF AMERICA q$9gj NUCLEAR REGULATORY COMMISSION c.FA::: =cn DOCc;L1HG & SE.6 In the Matter of )

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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 the Secretary .

Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission i 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 U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555

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Atomic Safety and Licens~ing 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 John Shniper, Esq.

Charles W. Elliott, Esq. Hy Mayerson, P.C.

123 N. 5th Street Meeting House Law Bldg. and 1 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.

Community Legal Services, Inc.

Mr. Alan J. Nogee Sylvania House 3700 Chestnut Street Juniper & Locust Streets Philadelphia, PA 19104 Philadelphia, PA 19107 Mr. Steven Levin James M. Neill, Esq.

11 Beard Circle Box 511 Phoenixville, PA 19460 Dubl,in, 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 Merion Avenue Bryn Mawr, PA 1,9010 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. Qtterhahn Counsel for the Applicant 6

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