ML20078G581

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Affidavit of Vs Boyer Supporting Motion for Summary Disposition.Arco,Pipeline Owner,Agreed to Prohibit Shipping of Propane in & Through Pipelines on Plant Premises. Certificate of Svc Encl
ML20078G581
Person / Time
Site: Limerick  Constellation icon.png
Issue date: 10/06/1983
From: Boyer V
PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:
Shared Package
ML20078G568 List:
References
NUDOCS 8310120388
Download: ML20078G581 (8)
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Text

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DOCKETED Ub" BEFORE THE NUCLEAR REGULATORY COMMISSION 13 00111 NO:25 (Ff tCE OF SELRt D Before the Atomic Safety and Licensing Board uCCKETg{;j {ERV In the matter ) Docket Nos. 50-352

)

Philadelphia Electric Company ) 50-353

)

(Limerick Generating Station, )

Units 1 and 2) )

AFFIDAVIT GF VINCENT S. BOYER, SENIOR VICE PRESIDENT, NUCLEAR POWER, PHILADELPHIA ELECTRIC COMPANY REGARDING CONTENTIONS V-3a and 3b Vincent S. Boyer, being duly sworn according to the law, deposes and says:

1. My name is Vincent S. Boyer. I am Senier Vice President, Nuclear Power, Philadelphia Electric Company.
2. Table 2.2-2, Figure 2.2-4 and Section 9.5.4.3 (specifically page 9.5-34) of the Final Safety Analysis Report for the Limerick. Generating Station were prepared under my direction and supervision. This Table and Figure deal with the pipelines at the Limerick site and this Section dis-cusses the exposure of the diesel oil storage tanks and piping of the Lim-erick facility to sources of ignition.
3. The statements and matters therein are true and correct to the best of my knowledge, information and belief.
4. Attached hereto is a true and correct copy of an agreement between Philadelphia Electric Company and Arco Pipeline Company dated October 8310120388 831007 PDR ADDCK 05000352 Q PDR l

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THIS AGREEMENT made this 27th day of October , A.L. 19c2 by and between PHILADELPHIA ELECTRIC COMPANY, a corporation of the Con =onwealth of Pennsylvania, hereinafter called ELECTRIC, of the first part, and ARCC PIPE LINE COMPANY, a corporation of the State of Delaware, with its principal officx in the City of Independence, State of Kansas, hereinafter called ARCO, of the second part.

14EREAS, ELECTRIC is the owner of premises situate in the Township of Limerick, County of Montgomery, Commonwealth of Pennsylvania, more particularly

.f described in four (4) Indentures dated November 27, 1964, October 20, 1969, January 26, 1970 and May 25, 1970 and recorded in the Office for the Reccriing of Deeds &c., in and fpr the County of Montgomery, aforesaid, in Doed Ecok Nos. 3661, 3576, 3584 and 3595, pages 661, 88, 857 and 871 &c. , respectively; AK.

i WAm, said premises were acquired UNDER and SUBJECT to three (3) ec.ac-i ments for a pipe line or lines granted to Keystone Pipe Line Co=pany and one (1) easement granted to Atlantic Pipe Line Company dated December 8,195h, ' April 4,

! 1955, July 11, 1955 and January 18, 1956 and recorded in the office, afaresaid, in Deed Dock Nos. 2533, 2561, 2648 and 2656, paseo 103, 206, 50J ana 543 &c. ,

respectively; AND lI l

WHEREAS, said Keystone Pipe Line Company and Atlantic Pipe Line Company merged into ARCO PIPE LINE COMPANYi AND WHEREAS, ELECTRIC'S Limerick Generating Station Site is located on the above recited premises and in order to comply with a Nuclear Regulatory Commission request pertaining to the construction of the Generating Station, ELECT;IC requested that ARCO a6ree to modify said easements to prohibit the shipping of propane in and throu6h the pipe line or lines traversing said promisoa; AND L _

27, 1982 relating to the use of the Arco pipeline which crosses the Limerick site.

Swor db:f:re ' Vincent S. Boye#

GJ ..g . . .W

.... n.tra c;y cf T... 19 ,b

&lL Notar'y Public PATRICIA D. SCHOLL Nctary Public Philadelphia. PNiadelphia Co.

My Comrmssion D.pires February 10. 1984 l

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

WHEREAS, the tnird abovementioned easement provides in Clr_use h thereof, "The said party of the second part agrees at its expense to take up and reloca.:a said pipe line within property of the said party of the first part at any ti=e or times when required to do so by the said party of the first part, etc." and ARCO requests that ELECTRIC agree to modify said ease =ent to permit ARCO permanent status for its pipe line at this location; AND

, NOW, THEREFORE, WITNESSETH in consideration of the mutual covenants herein and for other good and valuable consideration, and intending to L,e lect.dly bound hereby, the parties hereto agree as follows:

1. ARCO agrees to prohibit the shipping of propane in and throucn the pipe line or lines traversing NCTRIC'S Limerick Gensrating Station Site.
2. IICCTRIC agreco to tho deletion of Clauco 4 of tho third abovement.ioned easement thereby eliminating the request of relocation by ARCO.

3 Eccept as herein provided, all other covenant: and conditions of the four (4) abovementioned easements shall re=ain in full force and effect.

IN WITNESS MiElE0F, the parties hereto have caused their reupective couanon or corporate seals to be hereunto affixed, duly attested, the day and year first above written.

. PHTr-DHIA ELECTRIC 00h?ANY I ' --

ATTEST: .

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Secrptary Vice P 'es dent y g,_

((.,." [.] '.9 ARCO PIPE LINE CDMPANY ____

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STATE OF PEUQMt.V Auth COUNTY OF PdIt.noruNzn 1982, before me, l On this, the 'L2.4 day of t4o< mace l duerm '/. FaAMt.Id , the undersigned officer, C d . V W E.2.S , who acknowledged himself to pcrsonally appeared b9 a Vice President of PHFNDHIA ELECTRIC COMPANY, a corporation, and that he as such Vice President, being authorized to do so, executed the foregoing instru=en; for the purposes therein contained, by signing the name of the corporation by hinself as Vice President.

IN WITNESS WEREOF, I hereunto set my hand and officia] cea1.

ALfkA '

Notarygdblici .

i.Iaiy 1%hhc. M.'ll .h I;dsb h. ;.. ":,4. (, .

M y Cumw..wa I . ,.i.i ., M . 'y p}

STATE OF KANSAS )

)

COUNTY OF MONTGOMERY )

On this, the 27th day of October 1982, befo n me, Mildred L. Russe.Il , the undersigned officer, personally appeared Gail M. Stout , who acknowledged himself to be the Vice President of ARCO PIPE LINE COMPANY, a corporation, and that he as such Vice President, being authori 5 to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as Vice President.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

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Yad u c( , / Ja-c k -

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Notary Public , Mon tgome N9 Ch,Nra,4'ssion expires County, Kansas.

(Mildred I.. Ilus s e l I )

February 7, 1984.

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- . _ _ , _ . _ _ .-r_- ,

i DOCKETE:

USNRC

'83 DCT 11 A10:25 UNITED STATES OF AMERICA ~

NUCLEAR REGULATORY COMMISSIOFFFICE OF SECRL .

00CKETlhG & SE8v;i.

BRANCH In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

9

CERTIFICATE OF SERVICE I hereby certify that copies of

I

1. Applicant's Memorandum In Support Of Its Motion For Summary Disposition Of Contentions V-3a And V-3b, dated October 7, 1983;
2. Applicant's Statement Of Material Facts As To Which There Is No Genuine Issue To Be Heard With Regard To Contentions V-3a And V-3b, dated October 7, 1983;
3. Applicant's Motion For Summary Disposition Of Contentions V-3a And V-3b, dated October 7, 1983;
4. Affidavit Of John D. Walsh In Support Of Motion For Summary Disposition Of Contentions V-3a And V-3b, dated October 6, 1983;
5. Affidavit Of Vincent S. Boyer, Senior Vice President, Nuclear Power, Philadelphia Electric Company Regarding Contentions V-3a And V-3b, dated October 6, 1983, in the captioned matter have been served upon the following by deposit in the United States mail this 7th day of October, 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
  • Hand Delivery
  • Judge Richard F. Cole Ann P. Hodgdon, Esq. Elaine I.

Atomic Safety and Licensing Chan, Esq. Counsel for NRC

Board Staff Office of the Executive U.S. Nuclear Regulatory Legal Director i; Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 205b5
  • 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 Mr. Frank R. Romano David Wersan, Esq. Consumer 61 Forest Avenue Assistant Advocate Ambler, Pennsylvania 19002 office of Consumer Advocate 1425 Strawberry Square

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 Lradford Terrace Philadelphia, PA '19140 Philadelphia, PA 19149

Angus Love, Esq.

l Judith A. Dorsey, Esq. 101 East Main Street 1315 Walnut Street Norristown, PA 19401 l 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 j 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

. Philadelphia, PA 19104

  • Hand Delivery
    • Federal Express - Saturday Delivery

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Director, Pennsylvania l Thomas Y. Au, Esq. Assistant Counsel Commonwealth of Emergency Management Agency Pennsylvania Basement, Transportation DER and Safety Building l 505 Executive House Harrisburg, PA 17120 P.O. Box 2357 Martha W. Bush, Esq.

Harrisburg, PA 17120 Kathryn S. Lewis, Esq.

Thomas Gerusky, Director City of Philadelphia Bureau of Radiation Municipal Services Bldg.

Protection 15th and JFK Blvd.

Department of Environmental Philadelphia, PA 19107 Resources 5th Floor, Fulton Bank Bldg. Spence W. Perry, Esq.

. Third and Locust Streets Associate General Counsel Harrisburg, PA 17120 Federal Emergency

Management Agency Jay M. Gutierrez, Esq. 500 C Street, S.W., Em. 940
U.S. Nuclear Regulatory Washington, DC 20472 Commission Region I 631 Park Avenue King of Prussia, PA 19406 Zori G. Ferkin Assistant Counsel Commonwealth of Pennsylvania Governor's Energy Council P.O. Box 8010 1625 N. Front Street Harrisburg, PA 17105 Mark J. Wetterhahn

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