ML20080A689
| ML20080A689 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 02/02/1984 |
| 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 | |
| NUDOCS 8402060219 | |
| Download: ML20080A689 (5) | |
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LAW OFFICES CO W 1ED UWC CONNER & WETTERHAHN. P.G.
1747 PENNSYLVANI A AVEN UE N. W.
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February 2, 1984 r
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- .or..,,...oe BRANCH C AM LE AD1JH EMM ATOMLAW Lawrence Brenner, Esq.
Dr. Richard F. Cole Atomic Safety and Atomic Safety and Licensing Board Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Peter A. Morris 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:
Transmitted herewith for the information of the Board is the
" Appeal of Philadelphia Electric Company to the Commission from the Ruling of Administrative Law Judge, Isador Kranzel on the Exceptions Filed by Philadelphia Electric Company."
The supporting exceptions consist of 45 pages which will also be furnished if the Board wishes.
Sincerely, 7
q T'roy B/ Conner, Jr.
Enclosure cc:
Service List 8402060219 840202 PDR ADOCK 05000352 C
PDR 0
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BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION In re:
Application of PHILADELPHIA Application ELECTRIC COMPANY for finding of Docket No.
necessity for the situation of a A-00103956 pumphouse to contain pumping and accessory equipment on a site located at the intersection of Bradshaw and
- Township, a
?.ioyer Roads in Plumster Bucks County, Pennsylvania.
APPEAL OF PHILADELPHIA ELECTRIC COMPANY TO THE COMMISSION FROM THE RULING OF ADMINISTRATIVE LAW JUDGE, ISADOR KRANZEL ON THE EXCEPTIONS FILED BY PHILADELPHIA ELECTRIC COMPANY I
Philadelphia Electric Company ("PECo), by its attorneys, hereby files this Appeal to the Commission from the Ruling of Administrative Law Judge, Isador Kranzel ("ALJ"),
on -
Exceptions filed by PECo, and in support thereof respectfully represents:
1.
The history of this application and the facts underlying it are fully set forth in PECo's Exceptions u
previously filed in this proceeding.
In support of its appeal, l
i PECo hereby incorporates by reference its Exceptions as well as j
PECo's Reply to the Exceptions filed by Del-AWARE, Inc., the Intervenor here (copies of PECo's Exceptions and PECo's Reply to Intervenor's Exceptions are attached hereto as Appendix "A" and "B", respectively, and are hereinafter collectively referred to as "PECo's Exceptions").
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k 2.
For the reasons set forth.in PECo's Exceptions, the ALJ's Initial Decision and Ruling exceed the jurisdiction of the Commission u.nder 5619 of the Municipalities Planning Code, 53 Pa. C.S.A. 510619, in that after finding that the building structure was reasonably necessary, the ALJ imposed limitations upon the operation of the facilities beyond the scope of 5619.
3.
For the reasons set forth in PECo's Exceptions, the ALJ's Initial Decision and Ruling improperly intrude upon the jurisdiction of the Department of Environmental Resources
(" DER") with respect to the environmental protection of the i
Perkiomen Watershed and, more particularly, the East Branch of the Perkiomen Creek.
4.
For the reasons set forth in PECo's Exceptions, the ALJ's Initial Decision and Ruling improperly intrude upon the jurisdiction of the Delaware River Basin Commission ("DRBC")
with respect to the management of the water resources of the Perkiomen Watershed.and, more particularly, the East Branch of 4
the Perkiomen Creek.
l 5.
For the reasons set forth in PEco's Exceptions, the ALJ's Initial Decision and Ruling contravene approvals already granted to PECo by the DER for the use of the subject facilities.
6.
For the reasons set forth in PECo's Exceptions, the ALJ's Initial Decision and Ruling contravene approvals already granted to PECo by the DRBC for the use of the East Branch of.
s i
the Perkiomen Creek and renders compliance by PECo with conditions imposed upon those approvals impossible.
7.
For the reasons' set forth in PECo's Exceptions, the ALJ's Initial Decision and Ruling were arbitrary, capricious and unlawful in that the limitations imposed upon PECo with respect to the use of the facilities were unsupported by the record in this proc.eeding.
8.
For the reasons set forth in PECo's Exceptions, the ALJ's Initial Decision and Ruling were arbitrary, capricious and unlawful in that the ALJ failed to balance the public benefits of the proposed project against the potential environmental harm as required by Article I 527 of the Pennsylvania Constitution.
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9.
For the reasons set forth in PECo's Exceptions, the ALJ's Initial Decision and Ruling were arbitrary, capricious and unlawful in that the ALJ imposed limitations upon the use of the facilities which will substantially and materially interfere with the operation of Unit 1 of the Limerick Nuclear Generating Station and prevent the operation of Unit 1 during the period late May through October and possibly at other times of the year to the severe detriment of PECo and its ratepayers.
WHEREFORE, PECo respectfully requests that this Honorable Commission modify the Initial Decision and grant PECo's Application for a Finding of Necessity for the situation ~
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i the intersection of Bradshaw and Moyer of the pumphouse at Roads in Plumstead Township, Bucks County, Pennsylvania as submitted.
Respectfully Submitted, l
=d Bernard Chanin Pamela S. Goodwin Attorneys for Philadelphia Electric Company OF COUNSEL:
WOLF, BLOCK, SCHORR and SOLIS-COHEN Twelfth Floor, Packard Building f
Philadelphia, Pennsylvania 19102 January 26, 1984 t
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