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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20151L5181997-08-0505 August 1997 Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately) Re SL Nevin Deliberately Falsifying Records of RECW Sample Documentation on 960207 ML20151L3671997-08-0505 August 1997 Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately).Orders That SA Blacklock Prohibited from Engaging in Activities Licensed by NRC for 5 Yrs from Date of Order ML20203H6891997-06-0202 June 1997 Transcript of 970602 Enforcement Conference in King of Prussia,Pa ML20083N3971995-04-26026 April 1995 Comment Supporting Proposed GL, Pressure Locking & Thermal Binding of Safety-Related Power-Operated Gate Valves ML20081B3811995-03-0101 March 1995 Comment Supporting Proposed Suppl 5 to GL 88-20, IPEEE for Severe Accident Vulnerabilities ML20058K7381993-12-0303 December 1993 Memorandum & Order CLI-93-25.* Commission Denies State of Nj Petition for Leave to Intervene & Request for Adjudicatory Hearing Filed on 931008.W/Certificate of Svc.Served on 931203 ML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20057G2141993-10-14014 October 1993 Order.* Requests for Simultaneous Responses,Not to Exceed 10 Pages to Be Filed by State,Peco & Lipa & Served on Other Specified Responders by 931020.NRC May File by 931022. W/Certificate of Svc.Served on 931014 ML20059A4581993-10-14014 October 1993 Order Requesting Answers to Two Questions Re State of Nj Request for Immediate Action by NRC or Alternatively, Petition for Leave to Intervene & Request for Hearing. Operations Plans for Marine Transportation Withheld ML20059B1291993-09-14014 September 1993 Affidavit of Jh Freeman.* Discusses Transfer of Slightly Used Nuclear Fuel from Shoreham Nuclear Power Station to Limerick Generating Station.W/Certificate of Svc & Notice of Appearance ML20045D8121993-06-14014 June 1993 Comment Supporting Proposed Rules 10CFR50 & 54 Re FSAR Update Submittals. ML20126F2721992-12-21021 December 1992 Comment Endorsing Positions & Comments of NUMARC & BWROG Re Draft GL, Augmented Inservice Insp Requirments for Mark I & Mark II Steel Containments,Refueling Cavities & Associated Drainage Sys ML20062C6561990-10-22022 October 1990 Affidavit Requesting Withholding of Summary Rept on Evaluation of Recirculation Nozzle to Safe End Weld Indication & Proposed Disposition to Permit Unit 1 Cycle 4 Operation, from Public Disclosure,Per 10CFR2.790 ML20246J4521989-08-30030 August 1989 Memorandum & Order (Terminating Proceeding).* Terminates Proceeding Per Settlement Agreement Between Limerick Ecology Action,Inc & Licensee.W/Certificate of Svc.Served on 890831 ML20246F1011989-08-25025 August 1989 Joint Motion for Termination of Proceedings.* Board Moved to Accept Encl Settlement Agreement,Dismiss Limerick Ecology Action,Inc (Lea) Contention W/Prejudice,Dismiss Lea as Party to Proceeding & Terminate Proceeding ML20246F0121989-08-25025 August 1989 Memorandum & Order CLI-89-17.* Staff Authorizes Issuance of Full Power License to Licensee to Operate Unit 2 After Requisite Safety Findings Under 10CFR50.57 Completed. W/Certificate of Svc ML20246F1471989-08-25025 August 1989 Settlement Agreement.* Certificate of Svc Encl ML20246E3431989-08-22022 August 1989 Opposition of Intervenor Limerick Ecology Action,Inc to Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing.* Requests That Schedule Be Replaced W/More Reasonable Schedule,As Proposed.W/Certificate of Svc ML20246C0271989-08-18018 August 1989 Notice of Appointment of Adjudicatory Employee.* Informs That D Nash Appointed as Commission Adjudicatory Employee to Advise Commission on Issues in Proceeding.W/Certificate of Svc.Served on 890818 ML20246B7721989-08-17017 August 1989 Correction of Memorandum & Order of 890815.* Advises That Refs to 49CFR2.730(c) on Page 1 & 49CFR2.710 & 49CFR2.711 on Page 2 Should Be Corrected to Read as 10CFR2.730(c),2.710 & 2.711,respectively.W/Certificate of Svc.Served on 890818 ML20246D7411989-08-17017 August 1989 Transcript of 890817 Meeting in Rockville,Md Re Discussion of Full Power OL for Facility.Pp 1-58.Supporting Documentation Encl ML20246B7571989-08-16016 August 1989 Order Responding to Limerick Ecology Action Motion for Reconsideration.* Denies Motion to Reconsider,Stay,Suspend or Revoke 890707 Order on Basis That Order Appropriate.W/ Certificate of Svc.Served on 890816.Re-served on 890818 ML20246B7751989-08-16016 August 1989 Memorandum & Order.* Denies Rl Anthony 890623 Request for Hearing for Intervention in Remand Proceeding & for Stay of Low Power Authorization.W/Certificate of Svc.Served on 890816 ML20246B7931989-08-15015 August 1989 Memorandum & Order (Request for Expedited Answer).* Denies Licensee 890811 Request for Expedited Answer from NRC & Limerick Ecology Action on Basis That Request Lacks Good Cause.W/Certificate of Svc.Served on 890816 ML20245H8491989-08-14014 August 1989 Notice of Change of Address.* Advises of Council Change of Address for Svc of Documents ML20245H8061989-08-14014 August 1989 Supplemental Response of Intervenor Limerick Ecology Action, Inc to Memorandum & Order of Commission & to Memorandum & Order of 890807.* Requests Further Extension of Time in Which to Reply.Certificate of Svc Encl ML20245H5991989-08-11011 August 1989 Memorandum & Order (Terminating Proceeding).* Dismisses Graterford Inmates Contention Re Adequacy of Training for Drivers Responsible for Evacuating Graterford & Terminates Proceeding.Certificate of Svc Encl.Served on 890814 ML20245H7341989-08-10010 August 1989 Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing & Request for Expedited Answer to This Motion.* Divergence in Positions of Respective Parties Emphasizes Need to Conclude Proceeding.W/Certificate of Svc ML20245F7511989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to NRC Staff Response to Commission Questions.* Commission Should Rely on Licensee Cost Analysis in Response to Question 5 & Rc Williams Affidavit.W/Certificate of Svc ML20245F7161989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Environ Benefits for Operating Unit 2 Outweigh Small Risk of Severe Accident ML20245F7341989-08-0909 August 1989 NRC Staff Response to Commission Memorandum & Order of 890807.* Advises That NRC Will Provide Comments on Limerick Ecology Action 890814 Filing Prior to Commission Meeting Scheduled for 890817.W/Certificate of Svc ML20245F7291989-08-0808 August 1989 Affidavit.* Discusses Costs Incurred While Plant Inoperable. Allowance for Funds Used During Const,Security,Maint & Operational Costs Considered Proper for Calculating Costs for Delay ML20248D9241989-08-0707 August 1989 Memorandum & Order.* Extends Limerick Ecology Action Response Deadline to 890814 to Respond to Five Questions Re Severe Accident Mitigation Design Alternatives.W/Certificate of Svc.Served on 890807 ML20248D7871989-08-0303 August 1989 Correction for NRC Staff Response to Commission Questions.* Forwards Corrected Page 5 to NRC Response to Questions Filed on 890802,deleting Phrase by Nearly Factor 2.5 in Next to Last Line.W/Certificate of Svc ML20248D7111989-08-0202 August 1989 Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Commission Order Fails to Provide Intervenor Adequate Time for Response & Should Therefore Be Revoked.W/Certificate of Svc ML20248D5391989-08-0202 August 1989 Affidavit of MT Masnik.* Advises That Author Prepared Response to Question 3 ML20248D5671989-08-0202 August 1989 Affidavit of SE Feld.* Advises That Author Prepared Response to Question 5.W/Certificate of Svc ML20248D6451989-08-0202 August 1989 Affidavit.* Advises That Author Read Responses to Request for Comments by NRC & Knows Contents.W/Certificate of Svc ML20248D4721989-08-0202 August 1989 NRC Staff Response to Commission Questions.* Provides Info for Use in Commission Effectiveness Review of Plant Full Power Operation,Per Commission 890726 Memorandum & Order. Supporting Affidavits Encl ML20248D4971989-08-0202 August 1989 Joint Affidavit of Gy Suh & CS Hinson.* Advises That Authors Prepared Responses to Questions 1 & 4 ML20248D5311989-08-0202 August 1989 Affidavit of Rj Barrett.* Advises That Author Prepared Response to Question 2 ML20248D5981989-08-0202 August 1989 Response by Licensee Philadelphia Electric Co to Commission Request for Comments by Memorandum & Order Dtd 890726.* Licensee Requests Commission Issue Full Power OL for Unit 2 Conditioned Upon Outcome of Pending Litigation ML20245J1321989-07-27027 July 1989 Transcript of 890727 Meeting in Rockville,Md Re Facility Severe Accident Mitigation Issues.Pp 1-130.Supporting Info Encl ML20247N3261989-07-26026 July 1989 Transcript of 890726 Affirmation/Discussion & Vote in Rockville,Md on SECY-89-220 Re Order Requesting Info from Parties for Immediate Effectiveness Review of Full Power Authorization for Limerick Unit 2.Pp 1-4 ML20248D7331989-07-24024 July 1989 Second Rept of Parties & Request for Dismissal of Graterford Inmates Contention & Termination of Proceeding.* Requests Board to Enter Order to Terminate Proceeding Based on Parties Agreeing to Dismissal of Remaining Contention ML20247Q4621989-07-23023 July 1989 Response of Intervenor Rl Anthony to Answer of Philadelphia Electric Co (PECO) to Request for Hearing on PECO Application for Low Power Operation of Unit 2 & Stay of Any Operation in Keeping W/Us Circuit Court Remand Of....* ML20247B7261989-07-20020 July 1989 Notice of Appointment of Adjudicatory Employee.* Advises That H Vandermole Appointed to Advise Commission on Issues in Proceeding Re Severe Accident Mitigation Design Alternatives.W/Certificate of Svc.Served on 890720 ML20247B3821989-07-18018 July 1989 Memorandum & Order.* Orders That Severe Accident Mitigation Alternatives,Per Nepa,To Be Considered Include Containment Heat Removal,Core Residue Capture & Venting.Certificate of Encl.Served on 890719 ML20247B7641989-07-13013 July 1989 Motion of Intervenor,Limerick Ecology Action Inc,To Reconsider/Stay/Suspend/Revoke Order Authorizing Issuance of Low Power OL for Limerick 2.* Consideration of Accident Mitigation Alternatives Imperative.Certificate of Svc Encl 1997-08-05
[Table view] Category:PLEADINGS
MONTHYEARML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20246F1011989-08-25025 August 1989 Joint Motion for Termination of Proceedings.* Board Moved to Accept Encl Settlement Agreement,Dismiss Limerick Ecology Action,Inc (Lea) Contention W/Prejudice,Dismiss Lea as Party to Proceeding & Terminate Proceeding ML20246E3431989-08-22022 August 1989 Opposition of Intervenor Limerick Ecology Action,Inc to Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing.* Requests That Schedule Be Replaced W/More Reasonable Schedule,As Proposed.W/Certificate of Svc ML20245H8061989-08-14014 August 1989 Supplemental Response of Intervenor Limerick Ecology Action, Inc to Memorandum & Order of Commission & to Memorandum & Order of 890807.* Requests Further Extension of Time in Which to Reply.Certificate of Svc Encl ML20245H7341989-08-10010 August 1989 Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing & Request for Expedited Answer to This Motion.* Divergence in Positions of Respective Parties Emphasizes Need to Conclude Proceeding.W/Certificate of Svc ML20245F7511989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to NRC Staff Response to Commission Questions.* Commission Should Rely on Licensee Cost Analysis in Response to Question 5 & Rc Williams Affidavit.W/Certificate of Svc ML20245F7161989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Environ Benefits for Operating Unit 2 Outweigh Small Risk of Severe Accident ML20248D5981989-08-0202 August 1989 Response by Licensee Philadelphia Electric Co to Commission Request for Comments by Memorandum & Order Dtd 890726.* Licensee Requests Commission Issue Full Power OL for Unit 2 Conditioned Upon Outcome of Pending Litigation ML20248D7111989-08-0202 August 1989 Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Commission Order Fails to Provide Intervenor Adequate Time for Response & Should Therefore Be Revoked.W/Certificate of Svc ML20247Q4621989-07-23023 July 1989 Response of Intervenor Rl Anthony to Answer of Philadelphia Electric Co (PECO) to Request for Hearing on PECO Application for Low Power Operation of Unit 2 & Stay of Any Operation in Keeping W/Us Circuit Court Remand Of....* ML20247B7641989-07-13013 July 1989 Motion of Intervenor,Limerick Ecology Action Inc,To Reconsider/Stay/Suspend/Revoke Order Authorizing Issuance of Low Power OL for Limerick 2.* Consideration of Accident Mitigation Alternatives Imperative.Certificate of Svc Encl ML20246P4951989-07-0303 July 1989 Licensee Memorandum Re Proposed Design Mitigation Alternatives for Which Agreement Among Parties Could Not Be Reached.* Only Specific Alternatives Being Considered by Licensee & Should Be Given Attention.W/Certificate of Svc ML20246P3321989-07-0303 July 1989 NRC Staff Memorandum Supporting Staff Position Re Alternatives to Be Litigated.* Board Should Reject Limerick Ecology Action Suggested Items for Litigation Considered Outside of Scope of Remand.W/Certificate of Svc ML20246N9971989-06-30030 June 1989 Memorandum of Limerick Ecology Action,Inc,Per Prehearing Conference Order of ASLB of 890609.* Proposed Alternatives for Severe Accident Mitigation within Scope of Proceeding on Remand.Certificate of Svc Encl ML20245D2691989-06-21021 June 1989 Applicant Reply Memorandum in Support of Motion for Clarification Or,Alternatively,For Exemption.* Commission Should Determine That NRC Fully Authorized to Issue OL for Facility & Be Directed,Per 10CFR51.6.W/Certificate of Svc ML20245A5981989-06-15015 June 1989 Opposition of Limerick Ecology Action,Inc to Applicant Motion for Clarification of Commission Delegation of Authority & for Issuance of Ol,Or Alternatively,For Exemption from Procedural....* W/Certificate of Svc ML20245A5811989-06-15015 June 1989 Opposition of Commonwealth of PA to Motion of Philadelphia Electric Co for Clarification of Commission Delegation of Authority & for Issuance of OL & Opposition to Motion for Exemption.* W/Certificate of Svc ML20248B7471989-06-0505 June 1989 Applicant Motion for Clarification of Commission Delegation of Authority & for Issuance of Ol,Or,Alternatively,For Exemption from Procedural Requirement That License for Limerick Unit 2 Cannot Issue Until Contention Remanded....* ML20151T6901988-04-25025 April 1988 Response of Intervenor Rl Anthony to PECO 880331 Response & NRC Staff 880404.* Denial of Applicant Motion for Summary Disposition & Application for License Amend Urged ML20150F8721988-03-31031 March 1988 Licensee Response to Order of 880317 Requesting Clarifying Info.* Clarifying Info Needed to Decide Parties Submissions on Licensee Motion for Summary Disposition ML20149K9821988-02-18018 February 1988 Response of NRC Staff in Support of Licensee Motion for Summary Disposition.* NRC Agrees W/Licensee Motion Because No Genuine Issue of Matl Fact Exists to Be Litigated. Consolidated Contention & Proceeding Should Be Dismissed ML20196D6751988-02-0909 February 1988 Response in Opposition to Licensee Request for Summary of Disposition of Air & Water Pollution Patrol Opposition to Licensee Application for Amend to License NPF-39 & Exemption to App J of 871218. * ML20235A8101988-01-0606 January 1988 Licensee Opposition to Intervenor Rl Anthony Request for Extension of Time for Discovery.* Intervenor Request Should Be Denied as Intervenor Had Adequate Opportunity to Review Responses & Pursue Addl Discovery.W/Certificate of Svc ML20235A8041988-01-0505 January 1988 Air & Water Pollution Patrol (Romano) Reaction to Licensee time-defaulted Response for Production of Documents as Ordered by NRC Administrative judges,871120.* Requests That Util Be Reprimanded for Defaulting on 871120 Order ML20238D1601987-12-20020 December 1987 Intervenor Rl Anthony Request for Extension of Time for Discovery.* Extension Requested Due to Listed Obstacles Which Have Prevented Study of Matl Provided & Matl Missing ML20236T1781987-11-23023 November 1987 Licensee Memorandum in Support of Motion for Summary Disposition,Preliminary Statement.* Proposed Amend Does Not Downgrade Reporting Requirements for Iodine Spikes. Consolidated Contention & Proceeding Should Be Dismissed ML20236T1611987-11-23023 November 1987 Licensee Motion for Summary Disposition.* Forwards Util Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard,Memorandum in Support of Motion for Summary Disposition & J Doering & Js Wiley Affidavits ML20236P8241987-11-12012 November 1987 Air & Water Pollution Patrol (Awpp) (Romano) Objection to Licensee Objection to Intervenor Awpp Request for Opportunity to File for Discovery & Motion for Protective Order.* Failure to Monitor Proceeding Inadvertent ML20236P8971987-11-10010 November 1987 Intervenor Rl Anthony Objection to Philadelphia Electric Co Objection to Anthony Discovery & Request for Protective Order Dtd 871030.* Only Essential Matl for Appeal of Granting License Amend Requested ML20236N8971987-11-0909 November 1987 Response of NRC Staff to Rl Anthony Discovery Requests & Licensee Objections Thereto.* ASLB Should Deny Request,But Protective Order Not Opposed.Certificate of Svc Encl.Related Correspondence ML20236N8351987-11-0909 November 1987 Response of NRC Staff to Air & Water Pollution Patrol Motion of 871027 Concerning Summary Disposition & Discovery & Licensees Objections Thereto.* Motion Should Be Denied. Certificate of Svc Encl ML20236L7471987-11-0202 November 1987 Licensee Objection to Intervenor Air & Water Pollution Patrol Request for Opportunity to File for Discovery & Motion for Protective Order.* Certificate of Svc Encl ML20236H3911987-10-30030 October 1987 Licensee Objection to Intervenor Anthony Request for Discovery & Motion for Protective Order.* Certificate of Svc Encl ML20236H4091987-10-27027 October 1987 Memorandum & Order (Memorializing Special Prehearing Conference;Ruling on Contentions).* Motion for Board to Summarily Dispose Util Request Instant Amend & for Exercise to Discovery ML20236H3401987-10-25025 October 1987 Intervenor Rl Anthony Response to 871009 Memorandum & Order.* Author Has No Further Requests for Info in Addition to Items Recorded in .Util Should Provide Listed Records ML20236R7731987-08-26026 August 1987 Suppl to Petitioner Response of 870702 to Board Notice of Hearing & Order of 870729.* Petitioner Lists Contentions Opposing Granting of License Amend to Tech Specs for Plant Re Matter of Radioactive Iodine Spikes ML20237G9731987-08-21021 August 1987 Air & Water Pollution Patrol Suppl to Opposition to Radioactive Iodine Amend for License NPF-39.* Concerns Expressed Re Unusual Sensitivity of Thyroid to Iodine. Licensee Does Not Merit Amend,Based on Util Past Conduct ML20235M1751987-07-13013 July 1987 Staff Reply to Licensee Answers to Petitioner Requests for Hearing & Motions to Intervene (Licensee Second Argument).* Air & Water Pollution Patrol & R Anthony Failed to Meet Stds for Intervention in Amend Proceedings.Aslb Denies Petition ML20235G5851987-07-0505 July 1987 Awpp (Romano) Answers Licensee Argument II as Per Order of 870522 Re Representational Standing.* Urges Licensee to Show Cause Why Cable Pulling Necessitates Greater Air Leakage from Reactor Openings ML20235J0491987-07-0202 July 1987 Response by Intervenor Rl Anthony to Board Order of 870622.* Licensee Opposed to License Amend & Request Hearing to Form Basis for Board to Deny Request.Reduction of Control Over Iodine Spikes & Levels Is Threat to Health of Public ML20215J7661987-06-16016 June 1987 NRC Staff Response to Licensee Answer in Opposition to Request for Hearing & Leave to Intervene by Air & Water Pollution Patrol.* Board Should Reject Licensee First Argument & Anthony Request for Hearing.W/Certificate of Svc ML20216D3641987-06-16016 June 1987 NRC Staff Response to Licensee Answer in Opposition to Request for Hearing & Leave to Intervene by Air & Water Pollution Patrol.* ASLB Should Reject Licensee First Argument & Anthony Request for Hearing.W/Certificate of Svc ML20215D9491987-06-0808 June 1987 Intervenor Rl Anthony Response to ASLB Order of 870522.* Licensee Position Mistaken Both in Relation to Correctness of Petition to Intervene & as to Intent of Citizen Participation Specified in NEPA & Aea.Served on 870616 ML20214W5531987-06-0202 June 1987 Response Opposing Util Request for Legal Loopholes to Prevent Groups w/long-term Commitment to Insure Licensee Does Better Job Abiding Rules Re Public Safety ML20214G6271987-05-19019 May 1987 Commonwealth of PA Opposition to Graterford Inmates Petition for Review of ALAB-863.* Graterford Inmates Failed to Prove That Aslab Decision Erroneous W/Respect to Important Question of Fact,Policy or Law.W/Certificate of Svc ML20214A9491987-05-18018 May 1987 NRC Staff Answer in Opposition to Petition for Review of Inmates of State Correctional Inst at Graterford.* Inmates Failed to Establish That Issues Raised Re ALAB-863 Warrant Review.Commission Should Deny Review.W/Certificate of Svc ML20210C1011987-05-0404 May 1987 Petition for Review.* Review of Aslab 870417 Decision ALAB-836 Requested to Determine If Reasonable Assurances Given That Sufficient Manpower Will Be Mobilized in Event of Evacuation.Certificate of Svc Encl ML20212K5141987-01-23023 January 1987 Response of NRC Staff in Opposition to Graterford Inmates Appeal of Licensing Board Suppl to Fourth Partial Initial Decision.* Certificate of Svc Encl ML20207P9441987-01-12012 January 1987 Commonwealth of PA Brief in Opposition to Appeal by Graterford Inmates of Suppl to Fourth Partial Initial Decision:Preliminary Statement.* W/Certificate of Svc 1993-10-22
[Table view] |
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NUCLEAR REGULATORY COMMISSION i C' SU I f2 2
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In the Matter of
- Docket Nos. 50-352 5 l PHILACELPHIA ELECTRIC COMPANY 50-353 2 ie (Limerick Generating Station, k Units 1 and 2) h E
JOINT PETITION FOR LEAVE TO FILE FUEL CYCLE E CONTENTION BASED UPON NEW INFORMATION
[5 5
AND NOW, come the Envrionmental Coalition on Nuclear I E
Power, and Limerick Ecology Action, Inc., Intervenors in the above E I
captioned matter, and petition the Atomic Safety and Licensing Board 5=
j for leave to file a new contention relating to the uranium fuel cycle, 5 and set forth the following reasons in support thereof: E Si
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- 1. Petitioners, Limerick Ecology Action, Inc., (LEA), E
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handEnvironmentalCoalitiononNuclearPower, (ECNP), are Intervenors $5 h
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in the above captioned power reactor operating license proceedings, g r.
h 2. In the Supplemental Petition of Coordinated Inter-d venors and ECNP Supplement to Petition for Leave to Intervene, the z
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Intervenors have raised various contentions pertaining to the environment al
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{. impacts, safety of operation, emergency planning, etc. relating to the
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U Limerick Nuclear Generating Station.
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I 3. In the Applicant's Environmental Report - hb 1 Ei.
Construction Permit Stage, there was.no discussion of the Environmental if
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impacts of the uranium fuel cycle associated with the proposed operation
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of the Limerick facility. k e
- 4. In the Applicant's Environmental Report - Operating i
License Stage, the only discussion of the environmental impacts of the W E
uranium fuel cycle associated with the proposed operation of the Limerick facility appears at Vol. 3, Section 5.9, p. 5.9 -1, et. seq., y E
the discussion being merely a reproduction of Table S-3, 10 CFR 51.20 (e) , 5 E
Vol. 44, Fed. Reg. 45362. E 5
- 5. The Table S-3 " fuel cycle rule" required no further
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discussion of the uranium fuel cycle environmental impacts beyond the h E
Table, and the fuel cycle " discussion" in the Environmental Report - [r Operating License Stage complied with 10 CFR 51.20 (e) , with the
[E exception of its failure to discuss the environmental impacts of g Radon-222 and Technetium-99, and to discuss the health effects from the
[
effluents described in the Table. E
- 6. On April 27, 1982, in Natural Resources Defense E
R Council, Inc. et al v. United States Nuclear Regulatory Commission, et al, c at Docket Nos. 74-1586, 77-1448, 79-2131, the United States Court of Appeals for the District of Columbia Circuit held that The . . . final Table S-3 Rule [is] invalid due E to [its] failure to allow for proper consideration .
of the uncertainties that underlie the assumption g that solidified high-level and transuranic wastes "
will not affect the environment once they are :
sealed in a permanent respository." (Slip. op. p.69), l
. 5 E
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1 4 g The Court ruled invalid the Table S-3 rule, and vacated it. _.,
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- 7. A copy of this decision was first received by counsel h
E for LEA on or about May 24, 1982, and by representatives of ECNP in the 5m beginning of May, 1982.
- 8. Based upon this recent decision, which constitutes new information, directly applicable'to this proceeding, and which for E
the first time since the Application for an Operating License raises a ,tj c
question about the validity of the Cable S-3 rule, the Joint Petitioners Y herein seek to admit a new contentien to this proceeding as follows: E E
CONTENTIC'I: 5 The Applicant's Environmental Report - Operating 2 i'
License Stage, insofar as it merely reproduces h a
Table S-3, 10 CFR 51.20 (e), inadequately discusses E.
the environmental and health impacts of the uranium $
W fuel cycle associated with proposed operation of j E
the Limerick facility. E if BASIS:
The ER-OL discussion fails to properly account '
for the uncertainties that underlie the E 5
assumption that solidified high level and F+
- transuranic wastes will not affect the environment M
once they are sealed in a permanent repository. E 5
This inadequacy is contrary to the mandates of Es 5
the National Environmental Policy Act. 6 y._
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Further, the underlying finding that nuclear E E
wastes that are sealed in a permanent repository y 1
pose no significant risk of environmental damage e i
E is erroneous. NRDC v. NRC, et al., 74-1586, E 77-1448, 79-2131 (D.C. Cir.), (Slip. op., [
pp. 38-39.) :
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- 9. The Joint Petitioners' interests will not be h F
adequate ly protected by any means other than admission of a Table S-3 @
a fuel cycle contention in-this proceeding inasmuch as a failure to k s
adequately discuss the impacts as set forth in t he contention will result i'
- M in an inadequate cost / benefit analysis, and an inadequate evaluation of _
total environmental impacts of the proposed operation of the plant with g respect to the Limerick facility. No other Petitioner or participant h E
in this proceeding has raised the issue of the' inadequacy of discussion !
E of fuel cycle environmental impacts. [
?
- 10. The Joint Petitioners' participation may be expected @
E to assist in developing a sound record in this matter, as is evidenced E Vi by the level of participation of ECNP and LEA in this procee' ding to [
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date, and by virtue of ECNP's involvement with, experience in, and f!g g
Fi expertise on fuel cycle issues demonstrated in other proceedings, to E M
wit: The consolidated radon proceedings before the Conmission and :f
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Atomic Safety and Licensing Appeal Board, (Docket Nos. 50-277, 278, . ?
m 50-320, 50-354, 355) and the United States Court of Appeals for the f
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District of Columbia Circuit, and the Proposed Rulemaking on the 7
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Reassessment of Confidence in the Availability of Permanent Disposal of Nu' clear Waste.-and Spent Fuel Storage, Docket No. PR-50,51.
- 11. While the admission of this contention will expand $
the issues in this proceeding, Petitioners do not believe that such h j5 i expansion prejudices any party, inasmuch as Petitioners expect that the Court mandate will require amendment of the Table S-3 rule, which 3 S
will be a generic determination, and no procedural prejudice ie likely *a in view of the very early stage of this proceeding.
2 m
No significant delay in the proceeding will result from ij the admission of this contention, inasmuch as the Special Purchasing g$
Y3 Conference order granting intervention status to the Petitioners was issued only as recently as June 1, 1982, and a period of informal
$a 4
discovery only has been established for the period through September of g 1982. No hearings have yet been scheduled.
- 12. Joint Petitioners believe that based upon the E iia foregoing, and upon a balancing of the 5-factors set forth in hl 10 CFR 52.714 (a), che new contention set forth in Paragraph 8, supra, $
should be admitted'into this proceeding. k
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WHEREFORE, the Joint Petitioners petition the Atomic Safety and L1 censing Board to admit the contention as set forth in the foregoing, and as co-sponsored by ECNP and LEA.
i k U2 M M oul /acs
@ r. Judith H. Johnsrup Co-Director Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pa. 16801 (814) 237-3900 dah Elliott, Esquire Tharles W.
123 North Fifth Street Allentown, Pa. 18102 (215) 821-8100 Judith A. Dorsey, Esquire 1315 Walnut Street, Suite 1632 Philadelphia, Pa. 19107 (215) 735-7200 Counsel for Limerick Ecology Action, Inc.
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f UNITED STATES OF AMERICA b}l. ^'
[ i NUCLEAR REGULATORY COMMISSION I r
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD [
In the Matter of I:
PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352 353 (Limerick Generating Station, ..
Units 1 and 2)
CERTIFICATE OF SERVICE f
I hereby certify that copies of " JOINT PETITION FOR LEAVE TO FILE FUEL E CYCLE CONTENTION BASED UPON NEW INFORMATION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class. _
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i Lawrence Brenner, Esquire, Chairman Mr. Edward G. Bauer, Jr. E Administrative Judge Vice President & General Couasel ;
U.S. Nuclear Regulatory Commission Philadelphia Electric Company 7 Washington, D. C. 20555 2301 Market Street .::
Philadelphia, Pa. 19101 ji Dr. Richard F. Cole Troy B. Conner, Jr., Esquire Administrative Judge k Mark J. Wetterhahn, Esquire E U.S. Nuclear Regulatory Commission Conner and Wetterhahn Washington, D. C. 20555 [
1747 Pennsylvania, N.W. s Washington, D. C. 20006 5 t
Dr. Peter A. Morris Mr. Marvin I. Lewis [I Administrative Judge 6504 Bradford Terrace m U.S. Nuclear Regulatory Commission Philadelphia, Pa. 19146 Washington, D. C. 20555 James M. Neill, Esquire Mr. Frank R. Romano Associate Counsel for Del-Aware Air and Water Pollution Patrol Box 511 5 61 Forest Avenue Dublin, Pa. 18917 Ambler, Pa. 19002 E R
Joseph H. White III 1 Judith A. Dorsey, Esquire 11 South Merion Avenue ;
Limerick Ecology Action Bryn Mawr, Pa. 19010 1315 Walnut Street, Suite 1632 2 Philadelphia, Pa. 19107 ['E e
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EnvironmentilCoalition on Nuclear Walter W. Cohen 1 Power Consumer Advocate l
i Dr. Judith H. Johnsrud, Co-Director Office of Attorney General I 433 Orlando Avenue 1425 Strawberry Square State College, Pa. 16801 Harrisburg, Pa. l' t20 l Thomas Gerusky, Director Robert W. Adler 1 Bureau of Radiation Protection Assistant Counsel l
1 Dept. of Environmenal Resources Commonwealth of Pennsylvania I 5th Floor, Fulton Bank Building 505 Executive House Third and Locust Streets P. O. Box 2357 f l
Harrisburg, Pa. 17120 Harrisburg, Pa. 17120 l
Director Steven P. Hershey, Esquire 5
Pennsylvania Emergency Management Consumers' Education and S
Agency $
Basement, Transportation & Safety Protection Association y Beury Building Building 3701 N. Broad Street ' U y
Harrisburg, Pennsylvania 17130 Philadelphia, Pa. 19140 d
John Shniper 0 Sugarman and Denworth y Meeting House Law Building & Gallery Suite 510 ij Mennonite Church Road, North American Building Schuylkill Road (Route 724) h Spring City, Pa. 19475 121 South Broad Street $j Philadelphia, Pa. 19107 L Robert L. Anthony Donald S. Bronstein, Esquire b
5 Friends of the Earth of the The National Lawyers' Guild Delaware Valley Third Floor {w 103 Vernon Lane, Box 186 1425 Walnut Street Moylan, Pa. 19065 Philadelphia, Pa. 19102 h
2 Alan J. Nogee Atomic Safety & Licensing Board 5 The Keystone Alliance U. S. Nuclear Regulatory Commissior 5 3700 Chestnut Street Washington, D. C. 20555 Philadelphia, Pa. 19104 5" Atomic Safety & Licensing h Appeal Panel $
W. Wilson Goode U. S. Nuclear Regulatory Commissior y Management Director Washington, D. C. 20555 City of Philadelphia g Philadelphia, Pa. 5 Secretary 5 William A. Lochstet 119 E. Aaron Drive U. S.
ATTN:
Nuclear Regulatory Commissior Chief, Docketing and (2
and Service Branch Z State College, Pa. 16801 Washington, D. C. 20555 $
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June /d,1982 Charles W. Elliott, Esquire
[.h Co-counsel for Limerick '~"
Ecology Action ~