ML20040H072
| ML20040H072 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 02/16/1982 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Anthony R FRIENDS OF THE EARTH |
| References | |
| NUDOCS 8202170116 | |
| Download: ML20040H072 (3) | |
Text
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pECSVED T
Robert L. Anthony g;
FEB F6198N ~2 Friends of the Earth of the Delaware Valley s
- 88 assama 103 Vernon Lane, Box 186 1,
at Moylan, PA 19065 s=
In the Matter of Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2)
Docket Nos. 50-352, 50-353
Dear Mr. Anthony:
The NRC Staff is in receipt of your February 4,1982 communication in this proceeding bearing the title " Response of Intervenor Robert L. Anthony to Letter of 1/28/82 and Enclosures from Stephen H. Lewis, Counsel." It appears that your letter is in response to material filed pursuant to the Licensing Board's request for certain documents mentioned by Staff counsel at the Special Prehearing Conference and for a copy of the construction permits, as amended, for Limerick, Units 1 and 2.
Staff does not believe that its transmittal of documents, as requested by the Board, called for any response.
Nevertheless, the Staff has reviewed your conments and, for the reasons discussed below, does not consider them to be relevant to any contention proposed by F0E for consideration in this proceeding.
The cited passages from NUREG-0885 Issue 1 ("U.S. Nuclear Regulatory Comission Policy and Planning Guidance 1982") are statements of Comission guidance to the Staff on the establishment of priorities and do not constitute new information which bears upon the admissibility of proposed Contention I-54 (which Staff did not oppose), which relates to the operating history of General Electric boiling water reactors. Nor does the recent incident regarding the Ginna pressurized water reactor stean generator tubes raise any new matter of relevance to that contention.
You quoted from the section of NUREG-0885 on " Siting Policy" and asked whether it might be concluded in the future based upon whatever new radioactive source term is developed by the Staff that Limerick " poses too great a hazard and the plant cannot be licensed." The letter, however, contains no indication of which of F0E's proposed contentions are affected by the Commission's objective of publishing a proposed new siting rule by 1983.
Although the Staff cannot predict what the provisions of such a proposed rule might be, it is by no means clear that such a rule would be applied retroactively to plants, such as Limerick, granted construction permits under then-existing regulations. You failed to focus on the role of the PRA in answering the question of risk of operation of the Limerick plants.
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- You found in the excerpts of the Commission's " Final Rule: Licensing Requirements for Pending Construction Pemit and Manufacturing License Applications," 47 Fed. Reg. 2286 (January 15,1982), which was transmitted to the Board at its request, a quotation from the separate opinion of Comissioner Bradford taking issue with the Comission's reasoning for the adoption of the rule. You clain, but without any explanation, that this statement constitutes "new material" bearing on all except one of F0E's proposed contentions. The Staff, however, fails to perceive any relevance of Commissioner Bradford's statement to the matter of the admissibility of those contentions. Your letter further states, without reference to any particular paragraph, that 47 Fed. Reg. 2302 " brings new material to reinforce Contention I-53." (Emphasis in original).
The Staff has reviewed the cited page and is at a loss to detemine to what paragraph you are referring.
The Staff had also included in its transmittal of the construction pemits the " Order Extending Construction Completion Date" (April 24,1981), in order to place before the Board the nost recent amendments to the latest construction completion dates in paragraph 3.A of the construction pemits.
That Order was duly published in the Federal Register (46 Fed. Reg. 26205 (fiay 11, 1981)). The extension of the construction completion date was an action separate from this operating license proceeding and, even assuming F0E's attempt to raise issues regarding that order were timely, contentions relating to that action are not within the scope of this proceeding.
Included in your letter is a request for a complete copy of NUREG-0885. The page of this document to which Staff counsel had referred during the Prehearing Conference was transmitted (along with the " Introduction") by the Staff's January 28 letter.
NUREG-0885 will be made available to all interested persons by placement in the Pottstown LPDR and at the Philadelphia Free Library.
Sincerely, Stephen H. Lewis Counsel for NRC Staff cc:
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, cc:
Lawrence Brenner, Esq., Chairman Dr. Richard F. Cole Dr. Peter A. Morris Mr. Frank R. Romano Judith A. Dorsey, Esq.
Mr. Edward G. Bauer, Jr.
Troy B. Conner, Jr., Esq.
Mark J. Wetterhahn, Esq.
Mr. Marvin I. Lewis James M. Neill, Esq.
Joseph H. White III Dr. Judith H. Johnsrud Thomas Gerusky Pennsylvania Emergency Management Agency John Shniper Alan J. Nogee W. Wilson Goode William A. Lochstet Charles W. Elliott, Esq.
Walter W. Cohen Robert W. Adler Steven P. Hershey, Esq.
Sugaman and Denworth Donald S. Bronstein, Esq.
Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Aopeal Board Docketing and Service Section DISTRIBUTION:
NRC Docket LPDR PDR Cunningham/Engelhardt Christenbury/Scinto Olmstead Rutberg Chandler Vogler FF (2)
Chron Lewis Chan Hodgdon Schwencer Abelson ELD
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