ML20079J354
| ML20079J354 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 12/23/1982 |
| From: | Conner T CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | Brenner L, Cole R, Morris P Atomic Safety and Licensing Board Panel |
| References | |
| 82-5115, NUDOCS 8212280185 | |
| Download: ML20079J354 (4) | |
Text
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LAW OFFICES GONNER & WETTERHAHN, P.C.
TQ9Y B. C NNER.JR.
bob MA IE J. W ETTERH ANN WAS!!!NGTON. D. C. 20000 7diRC DOEERT M. RADER ACC H A. MOOR E. JR. *
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December 23, 1982
+82 DEC 27 P4 :25 8M07 ADestTTED IN D o-(909)833 3500
,,C ABLE-ADDRESS: ATO M LAW M. : d;D[MCE ER;dlCM Judge Lawrence Brenner Judge Peter A. Morris Atomic Safety and Licensing Atomic Safety and Board Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Judge Richard F.
Cole Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 In the Matter of Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2)
Docket Nos. 50-352 and 50-353 Gentlemen:
For the information of the Board transmitted herewith is a copy of the " Order" dated December 17, 1982, and entered December 20, 1982, by the Honorable James T. Giles, Jr., Judge of the United States District Court for the Eastern District of Pennsylvania, referred to in my letter dated December 17, 1982.
I Sincerely, m
Troy B.
Conner, Jr.
Enclosure cc:
Page 2
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PDR ADOCK 05000352 i
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Judga Lawr:nca Brcnnar Judgs Richtrd F. Colo Judge Peter'A. Morris December 23, 1982 Page 2 t*$
cc:
Atomic Safety and Licensing Appeal Panel Docketing and Service Section Ann P. Hodgdon, Esq.
Atomic Safety and Licensing Board Panel Edward G. Bauer, Jr., Esq.
Mr. Frank R.
Romano Mr. Robert L. Anthony Mr. Marvin I. Lewis Judith A.
Dorsey, Esq.
Charles W.
Elliott, Esq.
Mr. Alan J.
Nogee Robert W. Adler, Esq.
Mr. Thomas Gerusky Walter W.
Cohen, Esq.
Mr.
W. Wilson Goode Steven P. Hershey, Esq.
Donald S. Bronstein, Esq.
Mr. Joseph H. White, III Dr. Judith H. Johnsrud Robert J.
Sugarman, Esq.
James M. Neill, Esq.
Director, Pennsylvania Emergency Management Agency L.
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'DEC 22 EM2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA D5'L-AWARE UNLIMITED, INC., et al.
CIVIL ACTION v.
ROGER M. BALDWIN, et al.
NO. 82-5115 ORDER FILED DEC 171982 AND NOW, this 17th day of December, 1982, in accord-ance with the bench opinion rendered December 15, 1982, it is hereby ORDERED that:
1.
The claims asserted by plaintiffs under the Rivers and Harbors Act, 33 U.S.C. S 401, el seq., the Clean Water Act, 33 U.S.C. S 1365, et seq., the Endangered Species Act, 16 U.S.C. S 1540, eti seq., and the National Historic Preservation Act, 16 U.S.C.
S 470, et seq., are DISMISSED for lack of jurisdiction.
2.
Plaintiffs' claims against the Nuclear Regulatory Commission, and Harold Denton in his individual and official capacity are DISMISSED for lack of jurisdiction.
3.
Plaintiffs' claims against the Department of Environmental Resources of the Commonwealth of Pennsylvania (PDER), and Peter Duncan in his official capacity as Secre-tary of PDER, are DISMISSED for lack of jurisdiction.
In the alternative, these claims are DISMISSED on the basis of com-ity and this court's' determination not to exercise pendent Yx3._){ }.
) D - DC ~$9 C_ERK OF C0jRT
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juricdiction.
S79_ United Mino Workarn v. Gibbs, 383 U.S. 715 (1966).
'4.
Plaintiffs' claims against Roger Baldwin, Dic-trict Engineer, U.S. Army Corps of Engineers, Alexander Aldrich, Chairman of the Advisory Council on Historic Preser-vation, William Gordon,' Assistant Secretary, U.S. Department I
of Commerce, and Gerald Hansler, Executive Director of the Delaware River Basin Commission (DRBC), in their individual capacities, are DISMISSED.
5.
Plaintiffs' motion for preliminary injunction as
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to the remaining defendants asserted under the National En-vironmental Policy Act (NEPA), 16 U.S.C.
5 150, et seq., the Administrative Procedure Act (APA), 5 U.S.C. S 701, et, seq.,
and under common law with respect to the DRBC, is DENIED.
Whether singly or cumulatively, the issues raised by plain-l tiffs are insufficient on the record evidence to show that defendants acted unrasonably, arbitrarily or capriciously in determining that an Environmental Impact Statement was not required and in rendering a negative declaration as to the i
planned construction of the Point Pleasant Water Diversion Project.
I BY THE COURT:
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