ML20041A487

Forwards PA Dept of Environ Resources Ltr & Order Re Withdrawal of Water Quality Certification Issued in Connection W/Permit Determination Re Point Pleasant Intakes, Per Discussion at 820106 Pretrial Conference

ML20041A487
Person / Time
Site:	Limerick
Issue date:	02/11/1982
From:	Sugarman R SUGARMAN & ASSOCIATES
To:	Brenner L, Cole R, Morris P Atomic Safety and Licensing Board Panel
Shared Package
ML20041A488	List: ML20041A487 ML20041A491
References
NUDOCS 8202220215
Download: ML20041A487 (5)

Text

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SUGARMAN & DENWORTH gn-- . '

ATTORNEYS AT LA W SUITE 510 NORTH AMERICAN BUILDING r.osCT J. SUG ARM AN 121 SOUTH BROAD STREET J1 ANNE R. DEN WORTN Id. L. . .

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February 11, 1982 Lawrence Brenner, Esquire Dr. Richard F. Cole Administrative J,udge Administrative Judg ,, ,

.S. Nuclear Regulatory Commission U.S. Nuclear R,.ulatory(C. ission shington, D.C. 20555 Washington, D C W20555 ' ic3 e

Dr. Peter A.. Morris -

Administrative Judge C.

I' 3 . Nuclear' Regulatory Commission M y) e(,g , '

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• - Q 7g A shington, D.C. 20555  %, .

s' RE: Philadelphia Electric Company (Limerick Generating.' Station Units 1 and 2) -

Docket Nos. 50-352, 50-353

Dear Sirs:

At the pretrial on January 6, 1982, the Board inquired to the status of -various actions required- by the Pennsylvania

. rtment of Resources. At that time, I indicated that I had know- l leov. of matters disclosed to me by the Department which I did not feel free to communicate. Since that time, the Department has  !

ounced its decision to withdraw'the water quality certification '

Section 401 issued in connection with the 404 permit determina- l by the Corps of Engineers regarding the Point Pleasant intakes.

I .nclose herewith a copy of DER's withdrawal letter.

Also, at the hearing, Philadelphia Electric was invited to submit copies of the DRBC rules applying to the matter of adjudi- l catory hearings, and also a copy of the unpublished Order of the l Third Circuit regarding the NRC's prior decision.

Delaware has now reviewed the DRBC Rules and ascertained 1 t , reasons why no adjudicatory hearing was requested in connection with the February 18, 1981 final approval by the DRBC under Section 3.8 of its regulations. Those rules and regulations of DRBC make it clear that protestants have no right to request a hearing, and the question as to a scheduling of a hearing depends on the Executive Director's '

exercise of discretion (Section 2-3.10(a), pages 18 and 19). No provision is made for appeal to the Commission of a determination 3

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8202220215 820211 PDR ADOCK 05000352 o PDR

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U.S. Nuclear Regulatory Commission Page Two February 11, 1982 by the Executive Director not to schedule a hearing. Nor do the provisions in Article 5 of the Rules relate to this matter, since it arises as a result of non-Section 3.8 proceedings.

Thus, while the DRBC'has provision for hearings, such hearings, other than at the instance of the applicant, are com-pletely discretionary with the Commission, and the failure of the Commission to hold such a hearing in this matter cannot certainly be considered a waiver or the equivalent of a hear-ing for purposes of this Board's action.

! Copies of this letter are being sent to the service list as custonary.

i Si erell l --

Robert J. SugQrman )

l Attorney for Petitioner Tel-AWARE Unlimited, Inc.

I Serv. ice; List

nsw l L.;1s.

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1315 Usinut Street - Suite 1200 , g ,to Philadelphia, Pennsylvania 19107 (215) 238-6596 Z. h/ b Hon. Anthony J. Hazullo, Jr.

Environmental Ucaring Board Blackstone Building

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First Floor Annex 112 Market Street f

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Harrisburg, Pa. 17101

\ Robert J. Sugarnan, Esq. g%

Sugarman and Denworth Suite 510, No. Amer. Bldg.

121 South Eboad Street Philadelphia, Pa. 19107 Hershel J. Richman, Esq.

Cohen, Shapiro, Polisher, Shickman & Cohen PSFS Building 12 South 12th Street Philadelphia, Pa. 19107 4

re: Del; AWARE Unlimited. Inc. v.

Commonwealth of Pennsylvania, Tcpartment of Environmental l

l Resources, EHB No. 81-148-M

Dear Mr. Mazullo and Counsel:

r Enclosed, as promised, are copies of the letter sent today to Mr. Flowers' of the Neshaminy ' Water Resources Authotity and the notice, i

11so sent today, which is to be placed in the Pennsylvania Bulletin af February 6,1982. I will track the notice through the bureaucracy .

in Harrisburg to make sure that it is, indeed, sent in for that issue of the Bulletin. Any questions should be directed to me.

Sincerely yours Y ,

le

%M'S. -Thompson lAbyv U Louise Attorney for the Department cc: Maxine Woelfling, Esq.

l Eugene E. Dice, Esq.

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D'partrent of Pnvirovental testyrrce s 1875 Pm Pope Street NorristcNn, Pennsylv.rnia 1(4 01 215 631-2425 l

Ja:r.mey 27, 19'12 '

Robert A. Tlcuers Executive Director  ;

i Meshaminy Uster Roscr.trec s Authority  !'

P.O. I.ox 373 Janison PA 13?29 Re: Unter 9.m11ty Co.rttriention of Point Picasant Diwrsion q

Dear "r. riow rs:

The I\ p. nh lyn dotemin<rd that, pursuant to $401 of the Tederal "ater rollution Control Act, 33 IGC E1341, we are ohlined to p+11sh, for pahlic i corent, not!ce o' recefpt of grty appifention for carti'! cation of any protect  !

reautring a Feder.el pem!t pursuant to 54f% of tM rederal Acc, prior to tehing  !

oction on tM replication. S!nen the Danartcont diri nat pubitsh mt, ice that it ,

i had received tM Authority's application for enttification datei ?'ay 11, 19'41, j va hr.reby witMra.r the subsecuent Pcparttunt certification iscu-! by letter dated August 14, 1931.

In tha February 6,1992 issue of th? Pennsylvania !b1?ctin, the Departmnt vill <

p.blish notice that 1) on May .33,1991, the Departmnt rtenivM fre tM i AutMrity en application for water quality certiffention pursuant to !491 of the redaral Act, and 2) the Depart:ent has withdrcun its August 14,1991 cer- -

i tifIcation cad will reconsider tl:e Authority's application in li;ht of all em-cr.nts received within thirty (33) days after publicatloa of natice.

Utis netica of the Departmnt cay be cppealed to tM P.nviromental Ucaring roard, First Floor Annex, 31ccl: stone Building,112 Mad:at Street, Perrisburg, ?A l 17120, (717) 737-3493, by any aga,rieved parson pursuant to Section 1921-A of tM Adninistrative Code of 1929, 71 ?.S. f.510-21; and the A:binistrative Agency im, 2 Pa. C.S. Chaptcr SA. Appcals rust he filed with the Dwironxntal Ucaring Eosrd within 30 days of recolpt of written notice of this action tz)1ces tk sppropriate statuto providen a different tirae period. Copies of the appeal for:n  !

cr.d tb reculations coverning practice and proccattre before the Board ray he oktained from th.= noard.

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d If you hwe'uty gesticms concern!nr. this cetton, plence ennt. set m et tha. a%ve telr p'rme rar.he.r.

Very truly para, OLVGFS RDM c Chief, Plannirn Smtien l CP.:sme cc: T.tralse S. hqmon, T.sq.

Turd'ne T.. Dice, T.sq.

th):ine 1.'olfling, Tsq.

l  !!crsh?1 J. .P.!ciran, T.sq.Millial Carl!n, Tsq.

l Rohort G. %, ncm, Taq.

Re 30 CSS i

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