ML20058J741

Application for Issuance of Subpoenas to Listed Persons. Certificate of Svc Encl.Related Correspondence

ML20058J741
Person / Time
Site:	Limerick
Issue date:	08/03/1982
From:	Sugarman R DEL-AWARE UNLIMITED, INC., SUGARMAN & ASSOCIATES
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8208110193
Download: ML20058J741 (7)

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-l . p r.rLATED COBBESPONDENCP . 0 ED 4 A' 55 -9 pg,[.,7 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION n.,[.B R k y,E C'e bu,;,, 3 p

n-Ch 'iE Before the Atomic Safety and Licensing Board

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In the matter of ) Docket Nos. 50-352 OL

) 50-353 OL PHILADELPHIA ELECTRIC COMPANY )

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(Limerick Generating Station )

Units 1 and 2) )

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APPLICATION OF DEL-AWARE UNLIMITED INC. 8 FOR ISSUANCE OF SUBPOENAS Pursuant to the regulations of the Nuclear Regulatory Com-mission ("NRC") at 10 C.F.R. $$ ~2. 720 (a) Del-AWARE Unlimited, Inc.

(" Del-AWARE"), an Intervenor in the above-captioned proceeding, hereby -

applies to the Atomic Safety and Licensing Board (The " Boa rd ") to issue the attached deposition subpoenas to the persons listed below, commanding them to appear and give their depositions at the offices of Sugarman & Denworth, Suite 510, 121 S. Broad Street, Philadelphia, Pennsylvania 19107, at the times and dates listed below:

George Pence Monday, August 9, 1982, 9:00 a.m.

Wi,lliam Marazzo Monday, August 9, 1982, 1:00 p.m.

E.H. Bourquard Monday, August 16, 1982, 9:00 a.m.

Employee of E.H. Bourquard Monday, August 16, 1982, 9:00 a.m.

Assoc., Inc. responsible for velocity and hydraulics Paul L. Harmon Monday, August 16, 1982, 1:00 p.m. j O208110193 820803 PDR ADOCK 05000352 (h

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Robert Flowers Tuesday, August 17, 1982, 9:00 a.m.

Neshaminy Water Resources Tuesday, August 17, 1982, 1:00 p.m.

Authority official responsible for financial planning Dr. Robert Dresnack Wednesday, August 18, 1982, 9:00 a.m.

Harold Brundage Wednesday, August 18, 1982, 1:00p.m.

Dr, Thomas G. May Thursday, August 19, 1982, 9:00 a.m.

William G. Major Thursday, August 19, 1982, 1:00 a.m.

Hershel J. Richman, Esq. Friday, August 20, 1982, 9:00 a.m.

In support of this application, Del-AWARE states the fol-lowing:

1. George Ponce is an employee of the U.S. Environment'al Pro-s tection Agency, Region III, who has ~ had primary responsibility, as head of environmental review, for that agency's role in the PECo NWRA project during 1980-1982. He can testify ' to EPA's findings, conclusions and understandings regarding the impact of the project. ,

2. William Marazzo is the Commissioner of the Water Department of the City of Philadelphia. Commissioner Marazzo has detailed know-ledge concerning-the potential for the City of Philadelphia to provide supplemental cooling water to Philadelphia Electric Company's Li'merick Generating Station from the Delaware River and/or the Schuylkill River.

3. E.H. Bourquard .is a consultant to Philadelphia Electric Company and Neshaminy Water Resources Authority regarding all engin-cering aspects of the project, including operating plans, hydraulic

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and hydrologic effects on the intake operation of shad, sturgeon, need for dredging, and its effects, and operational impacts on the historic district. He has been principally " responsible for engineering and financial studies respecting the Philadelphia Electric Company -

Neshaminy Water Resources Authority joint water supply project

("PECo - NWRA project") from 1969 to the present, and can testify to alternatives, project scheduling, and changes in the project.

4. Employee of E.H. Bourquard Assoc., Inc, responsible for velocity and hydraulics will be able to provide information regarding thosc subjects in the context of the PECo - NWRA project.

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5. Paul Harmon is a consultant to NWRA and/or PECo who has prepared reports relating to the efforts of the proposed Point Pleas ant diversion intake structure on the American shad and NWRA and/or PEco has submitted the same to the U.S. Army Corps of Engineers.

6. Robert Flowers is the Executive Director of the Neshaminy Water Resources Authority and the administrator of that portion of the PECo - NWRA project which' constitutes the Point Pleasant diversion.

He can testify concerning project scheduling and the economics of alternatives as well.

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7. The Neshaminy Water Resources Authority Of ficial responsible for financial planning will be able to provide information on the extent to which the PECo - NWRA project as a whole and the Point Plea-i sant diversion in particular can be economically advanced separate'ly.

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8. Dr. Robert Dresnack is an environmental consultant uno pre-e, 4 pared or assisted in thelpreparatlon"of i jfhe NWFA Environmental Report.

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9. Dr. Thomas .May is employed with Betz, Converse, Murdoch, Inc., environments) consultants bho prepared environmental assessments regarding the Point, Pleasant diversion project. Dr. May can testify concerning the appropriate studies to evaluate the impacts of the sg intake, and the potential leaching fror the reservior, and what has been done to determine these effects. ' -

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10. William Major is an engineer employed by E.H. Bourquard

, s 'I Associates, Inc. as a subcontractor for site survey and other tech- ,

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nical work on the PECo - NWRA project. He can testify concerning the effects of the intake on the hydraul.4.cs and 'Aydrology on the intak$

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11. Harold Brundage is a consultant who has' prepared rAports re- '

i lating to the effects of the proposed Point /P.leasant diversion intake s j i -

l structure on the short-nose sturgeon and ,h'as ' submitted such reports

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. t to the U.S. Army Corps of Engineers on ,beh'a'l'f of Philadelphia Electric Company and/or Neshaminy Water Resourcep Author'. tty. He can testify as p - -

to the likelihood of sturgeon the presence of in the , area and the likely impxt of the intake on them under various ' velocities.

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12. Hershel Richman is an environmental legal consultant who participated in the) preparation of Environmental Report on Neshaminy a

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I Water Supply Systems, (February 1979), ("NWRA Environmental Report")

issued under the name of the Neshaminy Water Resources Authority. He can testify as to the extent of the studies performed to determine the impacts of various alternatives on fish, water quality, and the social behavior of the areas.

13. Del-AWARE believes that the above-named or described per-1 sons, by virtue of their past or present involvement with aspects of the PECo -

NWRA project, their expertise, or their past or present employment possess information relevant to the contentions which Del-AWARE seeks to have litigated in the above-captioned proceedings and which the Board had admitted for adjudication by its Special Pre-Hear-ing Conference Order dated June 1, 1982 and its Letter Order dated July 14, 1985.

The information which Del-AWARE seeks to obtain fr'6m these persons in the depositions to which the subpoenas relate is relevant to these contentions or is reasonably expected to lead to the discovery of relevant, admissible evidence. -

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14. Del-AWARE wishes to note that counsel for Neshaminy Water Resources Authority had previously consented to produce witnesses Robert Flowers, Hershel Richman, Paul Harman, Harold Brundage, and l

E.H. Bourquard but on Friday, July 30, 1982, withdrew its consent, thereby making it necessary for Del-AWARE to request issuance of sub-poenas for those witnesses.

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WHEREFORE, Del-AWANE respectfully requests that its Applica- .

tion for Issuance of Subpoenas be granted and that the Board issue the attached subpoenas to the persons listed herein.

Respectfully submitted, 0

N Nq x Robert J.Sugarmag \

Attorney for Del-AWARE Unlimited, Inc.

OF COUNSEL:

Sugarman & Denworth Suite 510 121 S. Broad Street Philadelphia, PA 19017 Dated: , 1982

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CERTIFICATE OF SERVICE gatviTED U%RC I hereby certify that the foregoing Application of tm -9 P2 '37 Delaware Unlimited, Inc. for Issuance of Subpeonas was'serFed by (f,

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[;r;;;l mailing a copy of the same to the persons listed below F(( RANCH B Lawrence Brenner, Esq., Chairman '

Administrative Judge U.S. Nuclear Regulatory Commission -

Washington, DC 20555

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Dr. Richard F. Cole Administrative Judge U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Peter A. Morris Administrative Judge U.S. Nuclear Regulatory Commission Washington, DC 20555 Stephen H. Lewis, Esquire Counsel for NRC Staff r.

U.S. Nuclear Regulatory Commission Washington, DC 20555 .

Mr. Edward G. Bauer, Jr.

Vice President & General Counsel Philadelphia Electric Company 2301 Market Street '

Philadelphia, PA 19101

! Troy B. ConrPr, Jr., Esquire Conner and Wetterhahn 1747 Pennsylvania Avenue Washington, DC 20006 Secretary U.S. Nuclear Regulatory Commission ATTN: Chief, Docketing & Service Branch Washington, DC 20555 Robert J. Sugabhani Dated: August 3, 1982 f - - . _ _ _ _ _ _ , .