ML20069G571

Comments on DE River Basin Commission & Commonwealth of PA Ltrs to NRC Re Point Pleasant Licenses & permits.Del-Aware Appealed Permits & Water Quality Certification.Other Leases & Licenses May Be Appealed.Related Correspondence

ML20069G571
Person / Time
Site:	Limerick
Issue date:	09/23/1982
From:	Sugarman R DEL-AWARE UNLIMITED, INC., SUGARMAN & ASSOCIATES
To:	Brenner L, Cole R, Morris P Atomic Safety and Licensing Board Panel
References
NUDOCS 8209290199
Download: ML20069G571 (2)

Text

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SUGARMAN & DENWORTH ,

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SW81E 803 MOBERT J. SUG ARM AN suitt sso, nontH AMcascAN oustoiwo JOANNE R.DENWORTH 128 SOUTH BROAO STREET 'non var ..so PHILAD ELPHIA, PENNSYLVANIA 19107 (215) 54 6-0162 ROBERT RAYMOND ELL 15TT, p. c COUNSEL

• n casevigo ems pA 00 ED September 23, 1982 I

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pn Dr. Richard P. Cole Lawrence Brenner,h Administrative g .Jf33hg J gigdigG k Administrative Judge U.S. Nuclear RegulatoryMCH ommission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission -

Washington, D.C. 20555 Dr. Peter A. Morris Administrative Judge U.S. Nuclear Regulatory Commission Washington, D.C. 20555 RE: Philadelphia Electric Application

Dear Sirs:

I have copies of the letters to Mr. Lewis from the DRBC and

- Mr. Adler, Assistant Counsel, Commonwealth of Pennsylvania. I would like to comment briefly, on behalf of Del-AWARE.

Del-AWARE has appealed the permits and the water quality certification to the Pennsylvania Environmental Hearing Board the documents referred to by Mr. Adler, Pennsylvania Environ'-

mental Hearing Board. Mr. Adler's letter constituted our first notice that licenses and leases had been issued. Del-AWARE will expect to appeal those to the appropriatu body, if Mr. Adler's statement is accurate.

Mr. Adler's letter does not mention the Pennsylvania Fish Commission permit requirement for blasting, which has not been issued.

With respect to the DRBC, Del-AWARE calls the Board's attention to Mr. Hansler's deposition testimony of August 31, 1982, in which Mr. Hansler stated that he had not yet been asked 8209290199 820923 PDR ADOCK 05000352 O PDR {h3

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, Richard Cole Peter Morric Septembar 23, 1982 I

for approval of the new intake location, submitted as of January, 1982. He indicated that he did not expect to be re-quested to act. until af ter the Corps of Engineers acts.- .

Therefore, the staff's statement and the DRBC statement relevant to DRBC approvals is not correct. Del-AWARE's Petition to Reopen, which inter alia, directs DRBC's attention to this Board's inter-pretation of their February 18, 1981 action, is pending.

The reports in the Trial Briefs do not mention the required NPDES permit and associated 401 certification for the Schuykill River discharge, neither of which have been applied for.

• Del-AWARE is unfamiliar with any NRC rule barring the sub-mittal of this letter, but if.there is any such rule, Del-AWARE resp'ectfully requests that it be waived to permit submission of this letter. .

Si crely e Robert J. Sug\ rman cc: Atomic Safety & Licensing Appeal Board Secretary, Nuclear Regulatory Commission Stephen H. Lewis, Esquire Troy B. Conner, Jr., Esquire 9