ML20062N265

Response Opposing Consideration of Natl Lawyers Guild Philadelphia Chapter,811203 Affidavits from Graterford Prison Inmates.Affidavits Untimely & Fail to Establish Standing.W/Certificate of Svc.Related Correspondence

ML20062N265
Person / Time
Site:	Limerick
Issue date:	12/15/1981
From:	Conner T CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8112180472
Download: ML20062N265 (6)

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"**C u er'r;" CW25 g NC$#" UNITED STATES OF AMERICA

( N C' g JUCLEAR REGULATORY COMMISSION

,81 DEC 16 A11;25 Before the Atomic Safety and Licensing Board r EE;RETA?r 1 .G & SERVICE In the Matter of )

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Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

APPLICANT'S RESPONSE TO ADDITIONAL AFFIDAVITS FILED BY NATIONAL LAWYERS GUILD, PHILADELPHIA CHAPTER On December 3, 1981, petitioner National Lawyers Guild, Philadelphia Chapter (" Guild"), served copies of 12 additional affidavits from inmates of the State Correctional Institution at Graterford. --1/As discussed below, Applicant, Philadelphia Electric Company, opposes consideration of these lately filed affidavits. In any event, the new affidavits do not cure the failure of the Guild to establish standing for the reasons previously discussed by Applicant in its answer to the Guild petition.

Argument In its Memorandum and Order, dated October 14, 1981, the Atomic Safety and Licensing Board (" Licensing Board" or

" Board") directed the Guild to furnish affidavits of Graterford prisoners setting forth their interests and how those interests

_1/ These documents were received by counsel for Applicant on December 7, 1981.

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8112180472 811215' PDR ADOCK 05000352 G PDR

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may be affected by the results.c5 this, proceeding. The 7 deadline for the submission was 6ctober 26,'1981., y, The " ' ,

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additional affidavf.ts now filed by the Guild are therefore

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more than a month 1 ce, contrary to the instruc'clon froa the Board requiring strict compliance witli all deadlines. ,

7-Applicant opposes this unauthorized. filing for the same

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reasons stated in its answer to the amendment of the petition to intervene filed by Consumers Education and Protective Association, -3/- and to avoid unnecessary redundancy,,incor- '

porates the arguments and authorities cited therein as

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equally dispositive here. -

Moreover, we believe it is fundamencal that the Licensing Board is empowered to set such mandatory deadlines so as to adjust the schedule'for filing under 10 C.F.R. S 2. 714 (b) .

This is manifest from the recent guidance given Licensing Boards by the Commission in its Statement of Policy on 4/

Conduct of Licensing Proceedings, in which the Commis-sion stated its expectation that Licensing Boards " set and adhere to reasoriable schedules for proceedings"in " adjusting 2/ Memorandum and Order Setting Schedule'for Submission of Contentions and Other Preliminary Information at 8 (October 14, 1981).

_3_/ Applicant's Answer to Amendment of CEPA's Petition to Intervene (November 30, 1531).

_ 4_/ - Statement of Policy on Conduct of Licencin Proceedings, CLI-81-8, 13:NRC 452 (1981). r d

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times fixed by the Board or prescribed by Part 2." The Commission's instructions encouraging Licensing Boards to use all fair means to expedite hearings would be frustrated if Part 2 time requirements must be inflexibly applied.

Conclusion 1

Accordingly, the additional affidavits filed by the Guild should not be considered by the Board in its considera-tion of petitioner's standing. Even if considered, the affidavits are simply repetitious of affidavits previously filed and do not, for the reasons previously stated by Applicant in opposing petition, support the Guild's claim for standing and its right to intervene in this proceeding.

Respectfully submitted, CONNER & WETTERHAHN

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Troy . Conner, Jr.

Mark J. Wetterhahn Robert M. Rader

' Suite 1050 1747 Pennsylvania. Avenue, N.W.

Washington, D.C. 20006 202/833-3500 Counsel for Applicant December 15, 1981 4

_/ 4 Id. at 454.

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 90LKETED

y M C In 'the. Matter of )

PHILADELPHIA ELECTRIC COMPANY Dockeboh. -

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(Limerick Generating Station, ) 50-35'y ECgf Units 1 and 2) ) g'ca ASC H -

i CERTIFICATE OF SERVICE

! I hereby certify that copies of " Applicant's Response to Additional Affidavits Filed by National Lawyers Guild,

. Philadelphia Chapter," dated December 15, 1981, in the captioned matter, have been served upon the following by deposit in the United States mail this 15th day of December, 1981:

Judge Lawrence Brenner Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Docketing and Service Section Judge Richard F. Cole Office of the Secretary Atomic Scfety and Licensing U.S. Nuclear Regulatory Board Commission.

U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Stephen H. Lewis, Esq.

Counsel for NRC Staff Judge Peter A. Morris Office of the Executive Atomic Safety and Licensing Legal Director Board .

U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington,-D.C. 20555 Washington, D.C.

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20555 Philadelphia Electric Company Atomic Safety and Licensing ATTN: Edward G. Bauer, Jr.

Board Panel Vice President &

U.S. Nuclear Regulatory General Counsel Commission 2301 Market Street Washington, D.C. 20555 Philadelphia, Pennsylvania 19101 O

Mr. Frank R. Romano Robert W. Adler, Esq.

61 Forest Avenue Assistant Counsel Ambler, PA 19002 Commonwealth of Pennsylvania, DER Mr. Charles B. Taylor 505 Executive House 24 West Tenth Avenue P.O. Box 2357 Collegeville, PA 19426 Harrisburg, PA 17120 Mr. Robert L. Anthony Thomas Gerusky, Director 103 Vernon Lane, Box 186 Bureau of Radiation Protection Moylan, PA 19065 Department of Environmental Resources Mr. Marvin I. Lewis 5th Floor, Fulton Bank Building I 6504 Bradford Terrace Third and Locust Streets Philadelphia, PA 19149 Harrisburg, PA 17120.

Samuel & Clarissa B. Cooper Randall Brubaker, Esq.

P.O. Box 16 Assistant Counsel Colora, Maryland 21917 Commonwealth of Pennsylvania, DER Judith A. Dorsey, Esq. Room 1200, 1315 Walnut Street 1315 Walnut Street Philadelphia, PA 19107 Suite 1632 Philadelphia, PA 19107 Director Pennsylvania Emergency Charles W. Elliott, Esq. Management Agency 123 N. 5th Street Basement, Transportation and Suite 101 Safety Bldg.

Allentown, PA 18102 Harrisburg, PA 17120 Mr. William Lochstet John Shniper, Esq.

119 E. Aaron Drive Hy Mayerson, P.C.

State College, PA 16804 Meeting House Law Bldg. and Gallery Mr. Alan J. Nogee Mennonite Church Rd.

, 3700 Chestnut Street Schuykill Rd.

Philadelphia, PA 19104 Spring City, PA 19475 Mr. Steven Levin Robert J. Sugarman, Esq.

11 Beard Circle Berle, Butzel,.Kass, Case Phoenixville, PA 19460 and Sugarman

2115 Bainbridge Street Donald S. Bronstein, Esq. Philadelphia, PA 19146 1425 Walnut Street Philadelphia, PA 19102 t

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Mr. Joseph H. White, III James M. Neill, Esq.

11 South Merion Avenue Bcx 511 Bryn Mawr, PA 19010 Dublin, Pennsylvania 18917 Dr. Judith H. Johnsrud Co-Director, ECNP 433 Orlando Avenue State College, PA 16801 Walter W. Cohen, Esq.

Consumer Advocate Office of Attorney General 1425 Strawberry Square Harrisburg, PA 17120 Steven P. Hershey, Esq.

Community Legal Services, Inc.

Sylvania House Juniper & Locust Streets Philadelphia, PA 19107 Ne .

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Rcbert M. Rader Counsel for the Applicant e