ML20069D099

Request for Clarification of ASLB 830210 Order & Extension Until 830515 to Review & Comment on BNL PRA Document. Uncertainties Exist Re ASLB Expectations on PRA Contentions & NRC Review of Pra.Certificate of Svc Encl

ML20069D099
Person / Time
Site:	Limerick
Issue date:	03/14/1983
From:	Dorsey J DORSEY, J.A., LIMERICK ECOLOGY ACTION, INC.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8303180252
Download: ML20069D099 (5)

Text

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't e-9 UNITED STATES OF AMERICA 3.$QO f

NUCLEAR REGULATORY COMMISfION

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD '83 [g g In the Matter of i,c..,

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,'d.~.~n. 7 PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352 Limerick Generating Station, 50-353 Units 1 and 2 3

'T LIMERICK ECOLOGY ACTION'S REQUEST FCR CLARIFICATION OF FEB. 10 BOARD ORDER

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AND MOTION FOR AN EXTENSION OF TIME I

In the Eoard's Memorandum and Order Continuing Informal 8

Discovery, Providing for Further Spec 2.fication of Conditionally Bg

' Admitted Contentions u;d Noting Dismissal of ECNP, dated E

Febracry 10 at.d terved February 15, 1983, it ordered lead intervenors to submit particularized contentions for all of those contentions previously conditionally admitted.

The April

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13, 1983 submission of particularized contentions is to be Ej preceded by-joint meetings of the parties to discuss possible 2

agreement on or narrowing and specification of the contentions at issue.

t Due to a statement by the Board in its Order at page 7, IE

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("The Board,.in establishing the above schedule, is relying on

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the NRC Staff's schedule for March 11, 1983 for the issuance

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of its PRA review." Emphasis added.), several discussions have 5

taken place over the last three weeks between NRC staff members f-

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and LEA as to the Board's expectations regarding PRA contentions.

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Dy The Applicant also participated in one such discussion.

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The parties have been unable to agree upon this matter, 3

and thus LEA requests clarification and an extension of time.

8303180252 830314 i

DRADOCK05000g

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It appears to LEA from the wording of the Board's Order that the Board believes that the March 11 Brookhaven review document represents the NRC's entire review of the Applicant's PRA.

It is not clear to LEA that at the time it wrote its Order, the Board understood that the staff's review would not appear until the SER is issued in August.

Does the Board wish to proceed without the+ staff's review?

If so, is it the Board's intention that refinement of existing contentions only is expected by the April 13 deadline, or does the Board elco expect submission of new cententions based on the Brookhaven dccument?

LEA has recently received the Brcokhaven review document and forwarded it to its consultant for review.

LEA has agreed to complete its review of that document by April 15, and to submit comments to the NRC staff as soon thereafter as possible.

It will not be possible for LEA's consultant to provide comments to~the staff, refine existing contentions, and draft new contentions based in the Brookhaven document, all in time for meetings with the parties and submission to the Board by April 13, if that is indeed the Board's intention.

LEA requests a clarification of the Board's Feb. 10 Order and an extention of time until May 15 at the earliest, if it is the Board's intention to proceed without the staff review.

Affirmation of LEA's right to submit further new contentions based on the staff review is also requested.

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J It appears to LEA from the wording of the Board's Order that the Board believes that the March 11 Brookhaven review document represents the NRC's entire review of the Applicant's PRA.

It is not clear to LEA that at the time it wrote its Order, the Board understood that the staff's review would.

not appear until the SER is issued in August.

Does the Board wish to proceed without the4 staff's review?

If so, is it the Board's intention that refinement of existing contentions only in expected by the April 13 deadline, or does the Board also expect submission of new contentions based on the Brookhaven document?

LEA has recently received the Srcokhaven review docament and forwarded it to its consultant for review.

LEA has agreed to complete its review of that dccument by April 15, and to submit comments to the NRC staff.as soon thereafter as possible.

It will not be possible for LEA's consultant to provide comments to the staff, refine existing contentions, and draft new contentions based in the Brookhaven document, all in time for meetings with the parties and submission to the Board by April 13, if that is indeed the Board's intention.

LEA r' quests a clarification cf the Board's Feb. 10 Order e

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and an extentien of time until May 15 at the earliest, if it is J

the Board's intention to proceed without the staff review.

Affirmation of LEA's right to submit further new contentions based on the staff review is also requested.

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3.

J While LEA realizes that its request for an extension of time, if granted, will also require a change in schedule for the up-coming prehearing conference, such a change is necessary if LEA is to have adequate opportunity to review the Brookhaven document and draft comments and contentions related to it, as well as to refine existing contentions.

The Board may also wish to consider postponing the prehearing conference long enough that material to be submitted by the Applicant to the intervenors in June can be reviewed and taken into consideration in the refinement or dropping of non-PRA contentions.

Such a postponement would ultimately save the Board and parties time by avoiding the need for yet another conference after the June submissions.

Re ectfully submitted, Ju ith A.

Dorsey Counsel for Limerick Ecology Action 1315 Walnut St.,

Suite 1632 Phila., PA 19107 (215) 735-7200 March 14, 1983 5

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CERTIFICATE OF SERVICE

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i 03 IIll? 17 N1:05 I hereby certify that the foregoing Limerick Ecology ~

Action's Request for Clarification of Feb. 10 Board Order,,4.r..g*;"r :

<e and Motion for an Extension of Time has been served, first-class mail, postage prepaid, upon the following

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Lawrence Brenner, Chairman Atomic Safety andLicensing Board acministrative Judge panel

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'U.S.

NRC U.S. NRC Washington, DC 20555 Wasnington, DC 20555 r

Atemic and Safetv and Licensing I.

Dr. Richard F. Cole Acceal Panel '

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Administrative Judge U.S.'NRC 5

U.S. NRC Washincron, DC 20555 E

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Washington, DC 20555

• L Docketing and Service Section a

Dr. Peter A. Morris Office of the Secretary y;

Administrative Judge U.S.

NRC U.S.

NRC Washington, DC 20555

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Washingten, DC 20555 Rober: Adler, Esc.

Ann P. Hodgdon, Esq.

Cc=monwealth of PA, DER 2

Office of Executive 505 Executive House C

Legal Director PO Box 2357 U.S. NRC Harrisburg, PA 17120

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Washington, DC 20555 E

Walter Cohen, Esc.

EP Crcy 3. Ccnner, Jr.,

Esq.

Office of Attorney General E

Ccnner and Wetterhahn Office of Consumer Advocate 1747 Pennsylvania Ave.,'NW 1425 Strawberry Sq.

Washing:cn, DC 20006 Earrisburg, PA 17120 Phila. Electric Co.

A!"".' : Edward G.

Sauer, Jr.

VP and General Counsel 2201 Marke: St.

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Director Thcmas Gerusky, Director

?D".A 3RP, DER 3asement, Transper ation Fulton Bank 31dq, 5th f1 and Sadety 31dg.

Third and Lecust Sts.

Earrisburg, PA 17120 Earrisburg, PA 17120 Rcher: Anthenv 103 Vernon La.ie,. Box 136 W.

Wilson Goode Moyla.n, PA 19065 Managing Director City of Philadelphia Donald 3ronstein, Esc.

Philadelphia, PA 191')7 1425 Walnu: St., 3rd'f1 Phila., PA 19102 Joseph H. White III 8 North Warner Ave.

Steven Eershey, Esc.

Bryn Mawr, PA 19010 Sylvania Ecuse J C".iPer and EcCust Sts.

Phila., PA 19107 2 bert Sugarman, Esq.

Sugarman 8e Denworth Dr. Judich Jchnsrud Suite 510 433.Criando Ave.

North American Bldg.

State College, PA 16801 121 S. Broad St.

Phila., PA 19107 Ma~rh Lavis 6504 3raddcrd Terrace Phila., PA 19149 James M. Neill, Esq.

Box 217 Plumsteadville, PA 18949 Alan J.

Negee Keystone - All.:.ance 3700 Ches c.u: Sc.

Phila., PA 19104 Frank R.

Romano 8

61 Forest Ave.

Ambler, PA 19002

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2 March 14, 1983 J E TE A.

CF.SIZ

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