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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
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98!*
UNITED STATES OF AMERICA 5 5EP-2 P!2:11 NUCLEAR REGULATORY COMMISSION OFFICE OF SECRETARY Before the Atomic Safety and Licensing Board DOCKET gERV!CE In the Matter of )
) :
Philadelphia Electric Company ) Docket Nos. 50-352
) 50-353 -
(Limerick Generating Station, )
Units 1 and 2) )
APPLICANT'S ANSWER TO DEL-AWARE UNLIMITED, INC.'S
" SUPPLEMENT TO REQUEST FOR RECONSIDERATION REGARDING THE IMPACT OF FEDERAL MEMBER CONCURRENCE IN DRBC ORDER AND RENEWED REQUEST FOR RECONSIDERATION OF SCOPE AND ENVIRONMENTAL IMPACTS TO BE CONSIDERED" Preliminary Statement-On August 25, 1982, Del-Aware Unlimited, Inc.
(" Del-Aware") filed a pleading supplementing its previous request for reconsideration by the Atomic Safety and Licensing Board (" Licensing Board" or " Board") of its ruling that concurrence by Commissioner Tribbitt, the federal representative of the Delaware River Basin Commission
("DRBC"), effectively precludes the Licensing Board from "considering matters concerning the allocation of Delaware River water for cooling Limerick." b Del-Aware also asked that the Board again reconsider its ruling as to the scope of review for the environmental impacts attributable to the construction of the Point Pleasant project. - ! The fancied t
_1,/ Memorandum and Order at 18-19 (July 14, 1982).
_2/ See Special,Prehearing Conference Order at 81-89 (June 1, 1982).
8209030317 820901 DR ADOCK 05000
r basis for these requests is the fact that Del-Aware's counsel has just discovered a letter dated January 5, 1981 from the NRC Staff -to Applicant, stating that the Staff would examine environmental impacts associated with the Point Pleasant diversion as part of its review of the Limerick application.
Applicant opposes these requests as without merit and untimely. There is absolutely nothing inconsistent with the text of the cited letter and the previous rulings by the Licensing Board on the scope of permissible contentions relating to supplemental cooling water. Further, any statement by the Staff _as to the scope of its intended review regarding its preparation of the final environmental statement ("FES") for Limerick would not, in any event, be binding upon the Licensing Board in determining its delegated jurisdiction in this proceeding. As to the DRBC federal representative's concurrence, there is certainly nothing in the correspondence which indicates that Commissioner Tribbitt was aware of, let alone agreed with, any statement in the Staff's letter as creatively interpreted by Del-Aware.
Alternatively, the Board need not reach the merits of these requests, which are based upon publicly available correspondence between the Staff and Applicant more than a year and a half ago. There is no reason why Del-Aware or its counsel could not have obtained this document earlier and submitted it with its proposed contentions in accordance
with the NRC Rules of Practice and the orders of the Licensing Board for adjudicating supplemental cooling water contentions. The effort by the Licensing Board and parties to conclude the hearing of these contentions under an expedited schedule simply cannot withstand attempts by Del-Aware to expand the issues and reconsider legal rulings by the Board upon the " discovery" of documents by Del-Aware's counsel which have long been available in the public record. According15;, these requests should be denied.
Argument I. The NRC Staff Letter Cited By Del-Aware Does Not Reflect Nonconcurrence By The Federal Representative In The DRBC Decisions On The Point Pleasant Diversion.
By letter dated January 5, 1981, Mr. Robert L. Tedesco, Assistant Director for Licensing, Division of Licensing reviewed with the Applicant the Staff's position regarding preparation of a Probabilistic Risk Assessment study for Limerick, which had been discussed at a - presentation on December 9, 1980 at Pottstown, Pennsylvania. Mr. Tedesco noted that during the course of the public meeting held on that date, several issues, including the Point Pleasant diversion, were raised by members of the public. Mr.
Tedesco then stated that the Staff would thoroughly review the environmental impacts associated with the diversion, which should be thoroughly discussed in the yet to be filed application. The letter does not indicate that a copy was forwarded to any other individuals.
_4_
On this basis alone, Del-Aware now asserts that the letter "further corroborates" its interpretation of the DRBC federal representative's concurrence in the allocation decisions because it " confirms the perception of EPA and federal' member's action DRBC [ sic], by showing that the Staff itself had that perception of its undertaking." 3/
Del-Aware's argument is difficult to understand. It is obviously a non sequitur to conclude that the federal representative's intentions can be gleaned from a letter transmitted by the NRC Staff. There is no reason to believe that Commissioner Tribbitt even saw the letter, which does not purport to reflect his position in particular or, more generally, that of DRBC. There is no showing that the letter had any effect whatsoever on Commissioner Tribbitt's' concurrence or that it reflects his personal thinking.
II. NRC Staff Letter Has No Bearing Upon The Jurisdiction Of The Licensing Board To Pursue Issues Related To The Point Pleasant Diversion Plan.
Del-Aware also argues that because the letter from Mr.
Tedesco states that "the staff will thoroughly review the environmental impacts associated with diversion of Delaware River water," the Staff did not intend to limit its review to impacts resulting from changes which occurred since the construction permit stage. This assertion is likewise without foundation and should be rejected.
J/ Del-Aware's 25, 1982)'.
Supplement and Renewed Request at 2 (August i
i
~, 7 _ . - _ . . _ . . _ _ _ _ , . . _ . , -,
The Board has already carefully analyzed the breadth of its jurisdiction and responsibility with regard to considering environmental impacts at the operating license stage. In reviewing the requirements under 10 C.F.R. S51.21 for the preparation of the Environmental Report 'at the operating license stage, the provisions of the Limerick construction permits for the protection of the environment and the applicable precedents in the NRC case law, the Licensing Board has properly concluded that it lacks jurisdiction at the operating license stage to consider construction impacts, absent- significantly changed circumstances which will create operational impacts not previously anticipated.
The mere statement by the Staff that it intends to review environmental impacts thoroughly certainly does not indicate that it would require Applicant to do more than what is required under the Commission's regulations for the preparation of an Environmental Report. In perspective, the letter simply states that the Staff will take the customary "hard look" at environmental impacts as described by the Appeal Board in its review of the Initial Decision at the construction permit stage. S It is also instructive that, at the time the letter was written, the application for operating licenses had not yet J/ See Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2) , ALAB-262, 1 NRC 163, 186 (1975).
. . even been filed. 5/ Thus, the formal statement of the Staff's legal position on the proper scope of review has been clearly propounded in the various pleadings filed with the Board in response to proposed contentions on supplemental cooling water and related pleadings. It is.
crystal clear that the Staff has taken the position that
! under 10 C.F.R. Part 51 the scope of review with regard to supplemental cooling water issues is very limited, based
-upon the review already conducted by DRBC and the concurrence of its federal representative in the allocation decisions. It is difficult to see how the contrary impression can be gleaned from correspondence predating submission of the application .and the Staff's scoping of environmental issues for the Limerick FES.
As further enlightenment, it is noted that Mr. William J. Dircks, Executive Director of Operations, stated at a conference on NEPA and NRC regulations sponsored by the Atomic Industrial Forum in October 1981 that one of the t
I primary problems in the NRC Staff's environmental review is, l
in fact, the submission of duplicative information at the operating license stage. Mr. Dircks stated:
f (T]he staff often runs into an abundance i of information which essentially repeats l the environmental information provided
! at the construction permit stage.
-5/ The application, including formal submission of the Environmental Report, inter alia, was tendered on March 17, 1981 and docketed on July 27, 1981.
I l
i
l Unnecessary and redundant information, in addition to increasing the expense of license application, slows the staff review of the submittal by requiring a large amount of information to be sifted in order to find the changed or new environmental information which would be subject to detailed analysis. _6/
Elaborating upon this statement, Mr. Daniel R. Muller, Assistant Director for Environmental Technology, stated:
We have found that the utilities have submitted extensive environmental information which we have not needed for our OL reviews. This unnecessary information has resulted in additional work for both of us. From your point of view you have had to pay for developing information and for putting it in a form that is acceptable to the NRC. From cur point of view we have had to bore through mountains of extra information that is not relevant to the review.
. This has been costing us both money and time. . . . I hope [ revised requirements in Regulatory Guide 4.2 on operating license applications] will significantly abbreviate the amount of information that is included in your ERs. _7/
Even if the Staff did intend to expand the scope of its FES for Limerick beyond the areas delineated by the l
Licensing Board in its orders, such consideration would not l
expand the jurisdiction of the Licensing Board as governed by the Notice of Opportunity for Hearing in this proceeding.
l --8/ As the Board has noted, the Staff has an independent function in preparing the FES, and, while the
_6/ See Nuclear Industry, Vol. 28, p.12 (November 1981).
7/ Id.
_8/ See generally SPCO at 83.
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Board can provide guidance, it "cannot force the Staff to 9
act"' accordingly. --
In the Offshore Power Systems proceeding, the Appeal Board- also had occasion to state "that the staff must have both independence and time to fulfill its environmental obligations." -10/ Thus, .even a contrary position by the Staff would not enlarge the Licensing Boardfs jurisdiction.
III. The Requests For Reconsideration A>;e Untimely And Should Therefore Be Denied.
In addition to their lack of merit, the requests for reconsideration by Del-Aware based upon the NRC Staff letter dated January 5, 1981 are clearly . untimely. Although Del-Aware attempts to justify its lateness in stating that its counsel learned of the document only through recent discovery efforts, discovery does not relieve an intervenor of its obligation to search the public record for relevant documents in support of its contentions.
The Appeal Board in the Catawba proceeding has recently provided excellent guidance on this point. Intervenors in that case sought to justify the submission of late contentions on the ground that new information had become available. The Appeal Board distinguished between newly
" discovered" and newly available information, stating that its earlier precedents expressed "the belief that an J/ Memorandum and Order at 17 (July 14, 1982).
M/ Offshore Power Systems (Floating Nuclear Power Plants),
ALAB-489, 8 NRC 194, 206 (1978).
intervention petitioner has an ironclad obligation to examine the publicly available documentary material pertaining to the facility in question with sufficient care to enable it to uncover any information that could serve as' the foundation for a specific contention." -11/
4 Del-Aware has failed to meet this " ironclad obligation" in this, instance. Its requests should therefore be rejected as untimely.
In its answer to the initial request for reconsideration by Del-Aware, Applicant discussed the ,
Commissicn's policy and applicable NRC precedents regarding the observance of prescribed time limits, including the special considerations noted by the Licensing Board in this proceeding. For the sake of brevity, Applicant will not repeat this discussion but incorporates it by reference l herein. 12/ These authorities demonstrate additional cause for the denial of Del-Aware's requests as untimely.
Il/ Duke Power Company (Catawba Nuclear Station, Units 1 and 2), ALAB-687, 16 NRC (August 19, 1982) (slip op. at 13).
M/ See Applicant's Answer to Application Reconsideration by Del-Aware Unlimited, Inc. at 7-10 for (August 19, 1982).
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- . , Conclusion For the reasons discussed above , -. Del-Aware 's further requests for reconsideration are without merit and have been filed out of time. Each request should be denied.
Respectfully submitted, 1
) of hk Troy . Conner, Jr.
Mark J. Wetterhahn Robert M. Rader i
l Counsel for the Applicant September 1, 1982 i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
Philadelphia Electric Company ) Docket Nos. 50-352
) 50-353 (Limerick Generating Station, )
Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's_ Answer to Del-Aware Unlimited, Inc.'s ' Supplement to Request for Reconsideration Regarding the Impact of Federal' Member Concurrence in DRBC Order and Renewed Request for Reconsideration of Scope and Environmental-Impacts to be Considered,'" dated September 1, 1982 in the captioned matter have been served upon the following by deposit in the United States mail this 1st day of September, 1982:
Judge Lawrence Brenner (2) Docketing and Service Section Atomic Safety and Licensing Office of the Secretary Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Stephen H. Lewis, Esq.
Judge Richard F. Cole Ann P. Hodgdon, Esq.
Atomic Safety and Licensing Elaine I. Chan, Esq.
Board Counsel for NRC Staff U.S. Nuclear Regulatory Office of the Executive Commission Legal Director Washington, D.C. 20555 U.S.. Nuclear Regulatory Commission Judge Peter A. Morris Washington, D.C. 20555 Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Corumissicn 71.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Panel Philadelphia Electric Company U.S. Nuclear Regulatory ATTN: Edward G. Bauer, Jr.
Commission Vice President &
Washington, D.C. 20555 General Counsel 2301 Market Street Ph'ladelphia, PA 19101
. . Mr. Frank R. Romano Walter W. Cohen, Esq.
61 Forest Avenue Consumer Advocate Office of Ambler, Pennsylvania 19002 Attorney General 1425 Strawberry Square Mr. Robert L. Anthony Harrisburg, PA 17120 Friends of the Earth of the Delaware Valley W. Wilson Goode P. O. Box 186 Managing Director 103 Vernon Lane City of Philadelphia Moylan, Pennsylvania 19065 Philadelphia, PA Mr. Marvin I. Lewis Steven P. Hershey, Esq.
6504 Bradford Terrace Community Legal Philadelphia, PA 19149 Services, Inc.
Law Center Judith A. Dorsey, Esq. North Central Beury Bldg.
1315 Walnut Street 3701 North Broad Street Suite 1632 Philadelphia, PA 19140 Philadelphia, PA 19107 Donald S. Bronstein, Esq.
Charles W. Elliott, Esq. 1425 Walnut Street 123 N. 5th Street Philadelphia, PA 19102 Suite 101 Allentown, PA 18102 Mr. Joseph H. White, III 11 South Merion Avenue Mr. Alan J. Nogee Bryn Mawr, PA 19010 3700 Chestnut Street Philadelphia, PA 19104 Dr. Judith H. Johnsrud Co-Director, ECNP Robert W. Adler, Esq. 433 Orlando Avenue Assistant Counsel State College, PA 16801 Commonwealth of Pennsylvania DER Robert J. Sugarman, Esq.
505 Executive House Sugarman & Denworth P.O. Box 2357 Suite 510 Harrisburg, PA 17120 North American Building 121 South Broad Street Thomas Gerusky, Director Philadelphia, PA 19107 Bureau of Radiation Protection James M. Neill, Esq.
Department of Environmental Box 217 Resources Plumsteadville, PA 18949 l 5th Floor, Fulton Bank Bldg.
Third and Locust Streets Director Pennsylvania Harrisburg, PA 17120 Emergency Management Agency i Basement, Transportation l
and Safety Building Harrisburg, PA 17120 l
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o.
Robert M. Rader
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