ML20076G864

Answer Opposing Air & Water Pollution Patrol 830810 Motion to Compel Discovery from Util Re 830712 Interrogatories on Contention V-4 Re Carburetor Icing.Phenomena of Wind Shear Beyond Scope of Contention.Certificate of Svc Encl

ML20076G864
Person / Time
Site:	Limerick
Issue date:	08/29/1983
From:	Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8309010154
Download: ML20076G864 (5)

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UNITED STATES OF AMERICA NUCLEAR REGUIVPORY COMMISSION M 31 40.*6 '

Before the Atomic Safety and Licensing Board IlttGkkfIfb W'- '

BRANCH In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

APPLICANT'S ANSWER TO " AIR AND WATER POLLUTION PATROL MOTION TO COMPEL DISCOVERY RE WINDSHEER [ SIC]

EFFECT ON CARBURETOR ICE HAZZARD [ SIC]

TO AIRCRAFT AND PILOTS" On August 10, 1983, the Air and Water Pollution Patrol

("AWPP") moved to compel discovery of Interrogatories p, q (in part), and u of its July 12, 1983 set of interrogatories to the Applicant concerning Contention V-4 relating to carburetor icing. N Applicant had previously objected to

, these three interrogatories on the basis that they were beyond the scope of the admitted contention and not reasonably calculated to lead to admissible evidence. 2_/

AWPP refers to its letter dated July 29, 1983 (misdated June 29, 1983) as support for its motion. In that letter, 1/ The envelope transmitting this filing was postmarked August 11, 1983.

-2/ Applicant's Objections to Certain of Intervenor Air and Water Pollution Patrol's Second Set of Interrogatories (August 1, 1983).

4 8309010154 830829 PDR ADOCK G5000352 G PDR 2 g34)

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AWPP apparently argues that the effects of wind shear and carburetor icing would be cumulative. Neither the July 29, 1983 nor the August 10, 1983 letter define the term " wind shear" in the context of cooling tower operation.

In any event, the Licensing Board specifically excluded the phenomenon of " cooling tower turbulence" from the scope of this contention. In its Special Prehearing Conference Order, the Licensing Board recognized the argument of the Applicant that "no basis is provided for the allegation that

' cooling tower turbulence' might in some way increase the potential for air crashes." -3/ The Licensing Board then found that " [ t] he only aspect of this contention for which the thread of a basis was provided relates to the potential for carburetor icing in the ' invisible' plume" and only admitted the contention as it related to carburetor icing. 4/

Applicant submits that this clearly indicates that phenomena such as wind shear are beyond the scope of the contention. Thus the intervenor has failed to support its motion to compel. 5/

l 3/ LBP-82-43A, 15 NRC 1423 at 1515 (1983).

4/ Id.

~5/ Contrary to the Board's requirements contained in its j Memorandum and Order Confirming Schedules Established During Prehearing Conference (May 16, 1983) (slip op.

at 3) , intervenor's representative failed to contact counsel for the Applicant in an attempt to resolve the

differences. Thus, it is not clear whether the motion (Footnote Continued)

-~ _ . - _ _ , _ , _ . _ _ _ . _ _ _ _ . _ _ _ ___ _ .-- _ _ ,. _ ._ . _ , _ _ _ _

In summary, AWPP's motion to compel should be denied.

Respectfully submitted, CONNER & WETTERHAHN, P.C.

]

Mark J. Wetterhahn Counsel for the Applicant August 29, 1983 (Footnote Continued) is proper or whether the time for a response begins to run before the Board's requirement is met.

9 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

" Air and Water Pollution Patrol Motion to Compel Discovery re Windsheer [ sic] Effect on Carburetor Ice Hazzard [ sic] to Aircraft and Pilots," dated August 28, 1983, in the captioned matter have been served upon the following by deposit in the United States mail this 29th day of August, 1983:

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 Ann P. Hodgdon, Esq.

Judge Richard F. Cole Elaine I. Chan, Esq.

Atomic Safety and Licensing Counsel for NRC Staff Board Office of the Executive U.S. Nuclear Regulatory Legal Director Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Judge Peter A. Morris Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Atomic Safety and Licensing Philadelphia Electric Company Appeal Panel ATTN: Edward G. Bauer, Jr.

U.S. Nuclear Regulatory Vice President &

Commission General Counsel Washington, D.C. 20555 2301 Market Street Philadelphia, PA 19101

+

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Mr. Frank R. Romano David Wersan, Esq. Consumer 61 Forest Avenue Assistant Advocate Ambler, Pennsylvania 19002 Office of Consumer Advocate 1425 Strawberry Square Mr. Robert L. Anthony Harrisburg, PA 17120 Friends of the Earth of the Delaware Valley Steven P. Hershey, Esq.

P. O. Box 186 Community Legal 103 Vernon Lane Services, Inc.

Moylan, Pennsylvania 19065 Law Center North Central Beury Bldg.

Mr. Marvin I. Lewis 3701 North Broad Street 6504 Bradford Terrace Philadelphia, PA 19140 Philadelphia, PA 19149 Angus Love, Esq.

Judith A. Dorsey, Esq. 101 East Main Street 1315 Walnut Street Norristown, PA 19401 Suite 1632 Philadelphia, PA 19107 Mr. Joseph H. White, III 8 North Warner Avenue Charles W. Elliott, Esq. Bryn Mawr, PA 19010 Brose and Postwistilo 1101 Building Robert J. Sugarman, Esq.

llth & Northampton Streets Sugarman & Denworth Suite Easton, PA 18042 510 North American Building 121 South Broad Street Jacqueline I. Ruttenberg Philadelphia, PA 19107 Keysteon Alliance 3700 Chestnut Street Director, Pennsylvania Philadelphia, PA 19104 Emergency Management Agency Basement, Transportation Thomas Y. Au, Esq. and Safety Building Assistant Counsel Harrisburg, PA 17120 Commonwealth of Pennsylvania DER Martha W. Bush, Esq.

505 Executive House P.O. Box Kathryn S. Lewis, Esq.

2357 Harrisburg, PA 17120 City of Philadelphia Municipal Services Bldg.

Thomas Gerusky, Director 15th and JFK Blvd.

Bureau of Radiation Philadelphia, PA 19107 Protection Department of Environmental Spence W. Perry, Esq.

Resources Associate General Counsel 5th Floor, Fulton Bank Bldg. Federal Emergency Third and Locust Streets Management Agency Harrisburg, PA 17120 500 C Street, S.W., Rm. 840 Washington, DC 20472 b

MabW J. Wetterhahn