ML20070K469
| ML20070K469 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 12/28/1982 |
| From: | Conner T CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8212300187 | |
| Download: ML20070K469 (5) | |
Text
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6 "0
00.n u_ED tKET UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 82 DEC 29 N0:2g Before the Atomic Safety and Licensing Board pggbE ' l In the Matter of
)
gghiCH
)
u Philadelphia Electric Company
)
Docket Nos. 50-352
)
50-353 (Limerick Generating Station,
)
Units 1 and 2)
)
APPLICANT'S ANSWER TO MOTION TO l
RECONSIDER BY FRIENDS OF THE EARTH Preliminary Statement On December 19, 1982, intervenor Friends of the Earth
(" FOE") filed a motion to reconsider the Order of November 22, 1982 by the Atomic Safety and Licensing Board
(" Licensing Board" or " Board") in this case, admitting and denying in part proposed FOE contentions on hazards from industrial activities near the Limerick site.
Because the instant request for reconsideration is clearly
- late, it should be denied.
Argument 1
In its Special Prehearing Conference Order
{
("SPCO"), d the Licensing Board denied FOE's proposed contention V-3, relating to alleged hazards from industrial activities near
- Limerick, but permitted FOE to
- refile, within 30
- days, contentions which
" allege specific deficiencies which FOE believes exist in the FSAR analysis j
1 J/
Limerick, LBP-82-43A, 15 NRC 1423 (June 1, 1982).
8212300187 821228 PDR ADOCK 05000352 G
\\
< of these matters." d#
On July 7, 1982, FOE filed ten such
' proposed contentions.
Applicant, and in some instances the
- Staff, opposed the proposed contentions, which the Board admitted and denied in part in an Order on November 22, 1982.
l l
Due to the length of the June 1, 1982 SPCO, the Board SI extended to ten
- days, rather than the five days ordinarily allowed, d#
the period in which FOE could seek reconsideration of the Order.
Even assuming this extension applies as well to the November 22, 1982 Order on the rewritten contentions, the instant motion to reconsider by FOE is clearly untimely.
No previous extension of time was sought by
- FOE, nor has FOE shown any extenuating circumstance justifying its lateness.
Moreover, the Licensing Board has previously denied a late filed motion to reconsider by FOE for this very reason.
Thus, in denying the request by FOE to reconsider its denial of proposed Contention V-1, the Board stated in an Order dated September 2, 1982:
In addition, the filing by FOE is not timely.
It appears that FOE is, in effect, asking the Board to reconsider its ruling in the SPCO.
Requests for reconsideration were due within 10 days of service of the SPCO.
SPCO at 159.
(The Board had allowed five days more than were called for by NRC rules in 2/
Id. at 1514.
3/
Id. at 1521.
J/
t,
. light of the length of the SPCO).
FOE's filing was served three weeks after that time. _5_/
Despite this express admonition from the Licensing Board that any request for reconsideration must be timely filed, FOE has again sought reconsideration beyond the prescribed period.
6_/
In addition, FOE is well aware that other intervenors have been similarly admonished.
In denying a request by Del-Aware, Unlimited, Inc. for reconsideration in an Order dated September 3,
1982, the Licensing Board specifically stated:
We note preliminarily that motions for i
reconsideration of the SPCO were due within ten days of its service.
This supplement was filed more than two months after the SPCO was filed.
Therefore, it is untimely l/
Conclusion For the reasons discussed more fully above, the most recently filed motion to reconsider by FOE should be denied.
Respectfully submitted, i
A %g.// twt Tr B. Conner, Jr.
Counsel for the Applicant December 28, 1982 J/
Memorandum and Order at 4 (September 2, 1982).
6/
While there is no need to reach the merits of FOE's motion to reconsider, it is noted that the only support for the motion is contained in a publication which FOE admits is its own (See Proposed Contention 2).
l/
Memorandum and Order at 6 (September 3,.198 2).
._.-----m-
-.-.m
--..m
r, UNITED STATES OF AMERICA NUCLEAR REGUL*LTORY COMMISSION I* the Matter of
)
)
..ailadelphia 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 Motion to Reconsider by Friends of the Earth,"
dated December 28, 1982 in the captioned matter, have been served upon the following by deposit in the United States mail this 28th day of December, 1982:
Judge Lawrence Brenner (2)
Docketing and Service Section Atomic Safety and Licensin; Office of the Secretary Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Ann P. Hodgdon, Esq. Elaine I.
Judge Richard F. Cole Chan, Esq. Counsel for NRC Atomic Safety and Licensing Staff Office of the Executive Board Legal Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Judge Peter A. Morris Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Philadelphia Electric Company Atomic Safety and Licensing ATTN:
Edward G.
Bauer, Jr.
Appeal Panel Vice President &
U.S. Nuclear Regulatory General Counsel Commission 2301 Market Street Washington, D.C.
20555 Philadelphia, 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 Frieds 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. Whita, III l
8 North Warner Avet.ue 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.
l Department of Environmental Box 217 Resources Plumsteadville, PA 18949 l
5th Floor, Fulton Bank Bldg.
Third and Locust Streets Director Harrisburg, PA 17120 Pennsylvania Emergency Management Agency Basement, l
Transportation and Safety Building l
Harrisburg, PA 17120 l
ts__
Robert M.
Rader
.