ML20078D802

Rept Per ASLB 830913 Memorandum & Order Re Establishment of Hearing Schedule & Re Mi Lewis,Friends of the Earth & Air & Water Pollution Patrol Contentions.Certificate of Svc Encl

ML20078D802
Person / Time
Site:	Limerick
Issue date:	09/30/1983
From:	Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:
References
NUDOCS 8310040627
Download: ML20078D802 (6)

Text

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DOCKETED USNRC

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 13 E -3 P4 :i5 0FFICE OF SECRETAP Before the Atomic Safety and Licensing 3f[ap{jC In the Matter of  ;

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, ) ,

Units 1 and 2) ) .

APPLICANT'S REPORT TO THE LICENSING BOARD ,

PURSUANT TO ITS MEMORANDUM AND ORDER REGARDING-ESTABLISHMENT OF HEARING SCHEDULE AND GRANTING AWPP MOTION TO COMPEL DISCOVERY In its Memorandum and Order Regarding Establishment of j Hearing Schedule and Granting AWPP Motion to Compel

Discovery (September 13, 1983) (slip op. at 2-3), tue Atomic l

Safety and Licensing Board (" Licensing Board" or " Board")

l requested formal. contention reports and a report on overall

~ schedule with agreements and disagreements noted. The l

Licensing Board's Memorandum and Order permitted separate reports, but required that they reflect coordinated discussion among parties. Applicant Philadelphia Electric

l. Company (" Applicant") hereby files its report on a proposed overall schedule and its view of the status of the first group of contentions listed by the Licensing Board of Mr.

Lewis, FOE and AWPP.

l As a result of a conference call among the parties, l

Applicant understands that the Staff is proposing a schedule l

B310040627 G30930 PDR ADOCK 05000352 PDR O

which would lead to the start of a hearing on the first group of contentions on December 12, 1983. Applicant understands that there are no other weeks during which the Licensing Board is available for a hearing in December.

Therefore, Applicant believes that it is prudent to hold hearings on one or more of this group of four contentions during the month of November if the Board's schedule so permits. This would allow consideration of all the first group of issues before the end of the year even if more than one week of hearing time were required.

The schedule proposed by the Staff could easily be modified to allow for a hearing in November. Therefore, Applicant proposes the following schedule leading to a hearing beginning on November 14, 1983:

Action Date

1. Motions for Summary Disposition October 7, 1983 filed

2. Written Testimony of Intervenors October 10, 1983 Submitted

3. Written Testimony of Applicant October 17, 1983 and Staff Submitted

4. Answers to Motions for Summary October 27, 1983 Disposition filed

5. Motions to Strike and Cross October 31, 1983 Examination Plans filed

6. Board Ruling on Motions to November 7, 1983 Strike and Motions for Summary Disposition

7. Hearing Begins November 14, 1983 I

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f This schedule is still quite generous with regard to the time allotted for the matters specified and could be easily compressed. Inasmuch as certain proposed dates occur prior to the. commencement of the scheduled prehearing conference, the Board would, of course, be required to notify the parties promptly if it accepts this schedule.

Applicant feels obligated to report to the Licensing Board what it perceives to be a lack of cooperation on the part of intervenors AWPP and FOE. Mr. Anthony, representative of FOE, has apparently given little thought to the preparation of his case and is unwilling or unable to discuss his witnesses nor any other aspect of FOE's two contentions relating to pipeline rupture. Mr. Romano made known for the first time last week that he intends to testify on behalf of AWPP, but he was unable to discuss whether he intends to do so in the capacity of a factual or expert witness.

Considerable time has been allotted for discovery and i

trial preparation fer these rather straightforward issues.

f- It is disappointing to see that these intervenors I

preparation has not progressed. While these matters will, l

i of course, be the focus of the upcoming prehearing i

I e g T

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conference, Applicant wanted to make the Board aware of its difficulties such that-it does not come up as a surprise.

Respectfully submitted, CONNER & WETTERHAHN, P.C.

i hk Mark J. Wetterhahn Counsel for Philadelphia Electric Company September 30, 1983 l

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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 Report to the Licensing Board Pursuant to its Memorandum and Order Regarding Establishment of Hearing Schedule and Granting AWPP Motion to Compel Discovery" dated September 30, 1983, in the captioned matter have been served upon the following by deposit in the United States mail this 30th day of ,

September, 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 Benjamin H. Vogler, Esq.

l 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 s

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 l1 Forest Avenue 6 Assistant Advocate Ambler, Pennsylvania 19002 office of Consumer Advocate 1425 Strawberry Square Mr. Robert L. Anthony Harrisburg, PA 17120 Friends of the Earth of Steven P. Hershey, Esq.

the Delaware Valley 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.

lith & 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 Kathryn S. Lewis, Esq.

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

15th and JFK Blvd.

Thomas Gerusky, Director Philadelphia, PA 19107 Bureau of Radiation Protection Spence W. Perry, Esq.

Department of Environmental Associate General Counsel Resources Federal Emergency Stb Floor, Fulton Bank Blcg. Management Agency Third and Locust Streets 500 C Street, S.W., Rm. 840 Harrisburg, PA 17120 Washington, DC 20472 Jay M. Gutierrez, Esq.

U.S. Nuclear Regulatory Commission Region I 631 Park Avenue King of Prussia, PA 19406 Robert M' Rader

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