ML20079R140

Files Addl Exceptions to ASLB 830601 Order Refusing to Consider Interstate Delaware River Mgt 830517 Recommendations & Referendum.Certificate of Svc Encl

ML20079R140
Person / Time
Site:	Limerick
Issue date:	06/16/1983
From:	Sugarman R DEL-AWARE UNLIMITED, INC., SUGARMAN & ASSOCIATES
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
ISSUANCES-OL, NUDOCS 8306220051
Download: ML20079R140 (5)

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In The Matter of  :

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PHILADELPHIA ELECTRIC COMPANY : Docket Nos. 50-352 OL

50-353 OL (Limerick Generating Station, :

Units 1 and 2  :

EXCEPTIONS TO ORDER OF JUNE 1, 1983 Intervenor Del-AWARE Unlimited, by its counsel, files the additional exceptions to the decision of the Licensing Board, in order to place fully before this Board that .B o a r d ' s refusal to consider the Interstate Delaware River Management Recommendations and the Referendum of May 17, together with the subsequent events:

1. The Licensing Board's action c'ontinues its refusal to ideal with the emerging management and drought problems of the Delaware River. The Hansler testiraony did not address itself to the then-draft proposals; applicant successfully contended that would be premature. Moveover, the full effect on low flows by the new management scheme would not be recognized by Hansler or the DRBC, as the new plan is premised on approval and construction of new and enlarged resevoirs.

2. While the Board did find that the existence of shad in the Delaware River would not be threaten by imple-mentation of the proposed project, it did not find that 8306220051 830616 PDR ADOCK 05000 go3

their would be no environmental effect, and indeed required testing and consideration of necessary mitigation measures with respect to noise, anticipated to be attributable to the project. With respect to the fish issues, the Board acknowledged that there would be losses of fish, and did not contest the testimony of Mr. Miller, whom it recognized as an outstanding witness, as to the importance of the shad

, fishery and the need for its restoration.

3. The Board erred in concluding that the operating license impacts of the new management plan were insufficiently significant to merit consideration of alternatives in the Schuylkill River. It is relevant in this_ context that in rejecting Intervenors' 2.206 application,. the Director relied in part upon the aforementioned findings of the Licensing Board, thus indicating the interrelationship of the proceedings, a fact which the Board ignored. .

4. The Board erred in refusing to consider the effect on the CP proceedings cost-benefit balancing, of the change in Delaware River management, which would increase the days of shut-down of Limerick,

5. The Board erred in holding Del-AWARE to standards of reopening which should not apply for new evidence.

6. The Board erred in refusing to deal with the uncertainty of the project caused by the May 17 referendum and Bucks County's actions to terminate the project.

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i ROBERT J. SUGARMAN Attorney for Intervenors Of Counsel SUGARMAN & DENWORTH 1

i 121 S. Broad Street Suite 510 ,

Philadelphia, PA 19107 t

(215) 546-0162 i

Dated: June 16, 1983 091 l

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h v s CERTIFICATE OF SERVICE 7

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p I hereby certify that I have served a copy of f i Cv /

Exceptions to Order of June 1, 1983 by mailing a copy of th o the following persons this 16th day of June, 1983.

Christine Kohl, Esq., Chairman Administrative Judge U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Gary J. Edles, Esq.

Administrative Judge U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Reginald L. Gotchy Administrative Judge i U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Ann Hodgdon, Esq.

Eenjamin H. Vogler, Esq.

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Troy B. Conner, Jr. Esq.

Conner and Wetterhahn 1747 Pennsylvania Avenue Washington, D.C. 20006 Edward G. Bauer, Esq.

Vice President & General Counsel Philadelphia Electric Company 2301 Market Street Philadelphia, PA 19101 i Secretary U.S. Nuclear Regulatory Commission Attn.: Chief, Docketing & Service Branch Washington, DC 20555 Atomic Safety and Licensing Appeal Board l

U.S. Nuclear Regulatory Commission Washington, DC 20555 i

2 Charles W. Elliott-Brose and Poswistilo 1101 Suilding lith & Northampton Streets Easton, PA 18042 RobertJ.yu rman N Dated: June 16, 1983 e

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