ML20062G759

Suppl to 820809 Motion for Order Compelling Applicant to Respond to Interrogatories.Info Requested in Interrogatory 1(d),(e) & (F) Relevant to Admitted Issues.Certificate of Svc Encl

ML20062G759
Person / Time
Site:	Limerick
Issue date:	08/10/1982
From:	Sugarman R DEL-AWARE UNLIMITED, INC., SUGARMAN & ASSOCIATES
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8208130157
Download: ML20062G759 (2)

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t UNITED STATES OF AMERIC,A OMygigt NUCLEAR REGULATORY COMMISSION

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Before the Atomic Safety and Licensing Board

.y In the Matter of

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,e !!G a Sggyp Philadelphia Electric Company

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Docket No. 50-352 M' NOM

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50-353 (Limerick Generating Station,

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Units 1 and 2)

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SUPPLEMENT TO MOTION OF DEL-AWARE UNLIMITED,INC., TO COMPEL ANSWERS TO INTERROGATORIES On August 9,1982, Del-AWARE Unlimited, Inc.

(" Del-AWARE") filed with the Atcm-ic Safety and Licensing board a Motion to Cmpel Answers to Interrogatories.

Since the preparation and filing of its bbtion, upon analysis of testinony of certain caployees and consultants of Philadelphia Electric Ccmpany ("PECo") deposed by Del-hhARE on August 5 - 6, 1982, Del-AWARE has ccma to realize that PECo interprets its pennit frcm the Delaware River Basin Ccmnission to allw it to withdraw water from the Delaware River even on those occasions when the ficw of the river is less than 3000 cfs so long as PECo ccncurrently replaces the withdrawn river water with an equivalent amount of water frcm Merrill Creek or scme other compensatory storage water.

Although such withdrawal would cause no net reduction in river flow, the fact that such withdrawal can be made Irakes it necessary to examine the operation of the Point Pleasant intake at river flows of less than 3000 cfs, and the impacts of such operation. For this additional reason, the information sought to be disccnered by Del-AWARE's Interrogatory 1(d), (e) and (f) is relevant to the issues admitted for adjudication in this proceeding, and is within the scope of permissible disco-very provided by 10 C.F.R. S 2.740. Accordingly, Del-Ah%RE requests that the Board direct PIX'o to answer these Interrogatories.

Respectfully Submitted, MW Mbk_

Robert J. dugarma'n

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Mary B.

Coe Attorneys for Del-AWARE Unlimited, Inc.

Of Counsel:

SUGARMAN & DENWORTH Suite 510 121 S.

Broad Street Philadelphia, PA 19107 0%w2 /0, (215) 546-0162 Dated:

1982 U

8208130157 820810

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CERTIFICATE OF SERVICE I hereby certify that the foregoing Supplement to Motion of Del-AWARE Unlimited, Inc.

to Compel Answers to Interrogatories was served by mail on the following persons:

• Lawrence Brenner, Esq., Chairman Stephen H. Inwis, Esq.

Administrative Judge Counsel for NRC Staff U.S. Nuclear Regulatory Ccnmission Maryland Naticnal Bank Bldg.

East-West Towers Rm 11211 4th Floor 7735 Old Georgetaan Rd.

4350 East-West Highway Bethesda, MD Bethesda, MD

• Dr. Richard F. Cole Edward G. Bauer, Jr., Esq.

Administrative Judge Vice President & General Counsel U.S. Nuclear Regulatory Ccamission Philadelphia Electric Ccapany East-West Tamrs 2301 Market Street 4th Floor Philadelphia, PA 19101 4350 East-West Highway Bethesda,FO

• Dr. Peter A. Morris Troy B. Conner, Jr., Esq.

Administrative Judge Conner and Wetterhahn U.S. Nuclear Regulatory Ccomission 1747 Pennsylvania Avenue East-Uest Towers Washington D.C. 20006 4th Floor 4350 East-West Highway Bethesda, MD Secretary U.S. Nuclear Regulatory Ccamission ATIN: Chief, Docketing & Service Branch Washington, D.C.

20555

• Express Mail dh0ts S-W /3,sc.

Robert J. Sdtarman U Dated:

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1982 U

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