ML20080J570

Answer Opposing Air & Water Pollution Patrol 840126 Motion for Extension of Discovery Time & Other Relief Based on New Info.Motion Devoid of Any Concrete Support for Relief Requested.Certificate of Svc Encl

ML20080J570
Person / Time
Site:	Limerick
Issue date:	02/09/1984
From:	Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8402150094
Download: ML20080J570 (7)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g g., ; ; g . . .q i;. . -

OCCKE l tM '< SE h i' BRA!;CH Before the Atomic Safety and_. Licensing Board In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

APPLICANT'S ANSWER TO AWPP MOTION FOR EXTENSION OF TIME AND OTHER RELIEF BASED ON NEW INFORMATION On January 26, 1984, intervenor Air and Water Pollution Patrol ("AWPP") filed "AWPP Motions for Extention [ sic] of Discovery Time Based on New Information" (" Motion"). Appli-cant obtained this pleading from the Atomic Safety and Licensing Board (" Licensing Board" or " Board").1 AWPP requests "that a. disinterested (and anonymous] individual be permitted on the Limerick site . . . re observation of known and yet unknown defective work" and that the discovery period for Contention VI-l be extended for some unspecified time. Applicant opposes such relief as completely unsup-ported and unwarranted.

At the October 18, 1983 prehearing conference, the Licensing Board granted AWPP a period of 60 days to pursue 1/ Applicant has yet to receive a copy of the pleading and attachments directly from AWPP, 8402150094 840209 PDR ADOCK 05000352

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its allegations relating to Contention VI-1. In an Order issued December 21, 1983, the Licensing Board extended the period to serve discovery requests until .Tanuary 16,1984.M Intervenor has had more than an adequate opportunity to exercise ite discovery rights and has vigorously done so.

AWPP has submitted eleven sets of formal discovery requests related solely to Contention VI-1, all of which have now been answered. Many thousands of pages of documents have been produced. AWPP also received additional material as the result of informal discovery requests.

Furthermore, on November 1, 1983, Applicant provided let additional material to comply with the Board's instructions and also to assist AWPP in understanding the record-keeping system in use at Limerick. Finally, Applicant's quality assurance experts met with AWPP's representatives and ,

consultants in order to answer any questions. There is no indication that any of Applicant's responses were other than completely adequate.

The motion is absolutely devoid of any concrete support for the relief requested. There is not a single reference to material obtained during the discovery process which substantiates any of the serious charges of misconduct 2/

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See Tr. 6594. Discovery is therefore closed.

Intervenor's motion should be for reopening discovery.

Applicant submits that a higher standard analogous to that for reopening a rucord should be applied.

alleged by AWPP or provides a basis for the relief requested. The two Philadelphia Inquirer newspaper articles which discuss the situation at another nuclear power station similarly fail to provide any support for the extremely serious assertion of a " conspiracy involving the centractors, sub-contractors, the Applicant and the Nuclear Regulatory Commission itself, to cover up flagrant criminal violations" at the Limerick Generating Station. The mere incantation of "Marvin Lewis's anonymous Limerick in-house information source"1/ lends no more weight to the motion.

4 The substance of the double hearsay involved is not discussed in the motion, and the Licensing Board could not properly, in any event, give credence to such innuendo.

Finally, the request for a " disinterested individual" is beyond the scope cf relief which the Licensing Board could grant. In addition to Applicant's quality assurance capabilities, the NRC already has resident inspectors and visiting inspection teams at the site whose function by statute and regulation it is to oversee the construction of the Station as disinterested observers. Nothing has been shown which would cast any doubt on these inspectors' previous work or their ability to perform their responsibilities in the future. Neither does AWPP specify 3_/ Motion at 1.

what "known . . . defective work"A presently exists at Limerick.

For the reasons discussed more fully above, the requested relief should be denied.

Respectfully submitted, CONNER & WETTERHAHN, P.C.

3. W Mark J. Wetterhahn Counsel for the Applicant February 9, 1984 4/ Id.

s i

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 Answer to AWPP Motion for Extension of Time and Other Relief Based on New Information" dated February 9, 1984 in the captioned matter, have been served upon the following by deposit in the United States mail this 9th day of February, 1984:

Lawrence Brenner, Esq. (2) Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Docketing and Service Section Dr. Richard F. Cole Office of the Secretary Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washingtca, D.C. 20555 Commission Washington, D.C. 20555 Ann P. Hodgdon, Esq.

Counsel for NRC Staff Office Dr. Peter A. Morris of the Executive Atomic Safety and- Legal Director Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 l

s Atomic Safety and Licensing Steven P. Hershey, Esq.

Board Panel Community Legal U.S. Nuclear Regulatory Services, Inc.

Commission Law Center West North Washington, D.C. 20555 5219 Chestnut Street Philadelphia, PA 19139 Philadelphia Electric Company ATTN: Edward G. Bauer, Jr. Angus Love, Esq.

Vice President & 107 East Main Street General Counsel Norristown, PA 19401 2301 Market Street Philadelphia, PA 19101 Mr. Joseph H. White, III 15 Ardmore Avenue Mr. Frank R. Romano Ardmore, PA 19003 61 Forest Avenue Ambler, Pennsylvania 19002 Robert J. Sugarman, Esq.

Sugarman & Denworth Suite Mr. Robert L. Anthony 510 North American Building Friends of the Earth of 121 South Broad Street the Delaware Valley Philadelphia, PA 19107 106 Vernon Lane, Box 186 Moylan, Pennsylvania 19065 Director, Pennsylvania Emergency Management Agency Mr. Marvin I. Lewis Basement, Transportation 6504 Bradford Terrace and Safety Building Philadelphia, PA 19149 Harrisburg, PA 17120 Phyllis Zitzer, Esq. Martha W. Bush, Esq. ,

Limerick Ecology Action Kathryn S. Lewis, Esq.

P.O. Box 761 City of Philadelphia 762 Queen Street Municipal Services Bldg.

Pottstown, PA 19464 13th and JFK Blvd.

Philadelphia, PA 19107 Charles W. Elliott, Esq.

Brose and Postwistilo Spence W. Perry, Esq.

1101 Building lith & Associate General Counsel Northampton Streets Federal Emergency Easton, PA 18042 Management Agency 500 C Street, S.W., Rm. 840 Zori G. Ferkin, Esq. Washington, DC 20472 Assistant Counsel Commonwealth of Pennsylvania Thomas Gerusky, Director Governor's Energy Council Bureau of Radiation 1625 N. Front Street Protection Harrisburg, PA 17102 Department of Environmental Resources 5th Floor, Fulton Bank Bldg.

Third and Locust Streets Harrisburg, PA 17120

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Jay M. Gutierrez, Esq.

U.S. Nuclear Regulatory Commission Region I 631 Park Avenue King of Prussia, PA 19406 James Wiggins Senior Resident Inspector U.S. Nuclear E2gulatory Commission P.O. Box 47 Sanatoga, PA 19464 Robert M. Rader

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