ML20080K990

Rept to ASLB Re Contentions I-41,I-42 & Onsite Emergency Planning.Limerick Ecology Action,City of Philadelphia,State of PA & NRC Staff Agree W/Rept,W/Exception of Listed Items. Certificate of Svc Encl

ML20080K990
Person / Time
Site:	Limerick
Issue date:	02/14/1984
From:	Conner T, Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:
References
NUDOCS 8402160209
Download: ML20080K990 (10)

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i ocgr : i.0 V '- 1C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,

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I 00CKEithG A SUW I BH MICH Before the Atomic Safety and Licensing Board In the Matter of ) i

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

REPORT TO THE LICENSING BOARD REGARDING CONTENTIONS I-41, I-42'AND ONSITE EMERGENCY PLANNING Pursuant to the Atomic Safety and Licensing Board's

" Memorandum and Order Confirming Rulings hade at Hearing"

-(January 22, 1984) (slip op. at 3) , this constitutes the report of the parties and participants involved in the contentions related to systems interaction, environmental

-qualification. of electrical equipment ~and cnsite emergency

. planning. .Without - having attempted to determine the t schedule of the Licensing Board, the parties and  ;

r participants have-discussed a schedule for further actions.

All dates discussed below are " receive" dates for the Board or affected parties, as appropriate.

Onsite Emergency Planning Contentions Limerick Ecology Action (" LEA") advises that it does not expect to present any direct evidence, but will rely upon' cross-examination. LEA's counsel, Charles Elliott, has advised in a conference call on February 13, 1984 that he hhTobf$2 O PDR e r

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had just returned to Easton and had not yet reviewed the contentions to determine which, if any, would be dropped in whole or in part. Based upon these assumptions and the Board's indication that it wished to hear these contentions in April, the parties agreed to the following schedule:

File testimony - Applicant and Staff 3/12/84 Motions'to strike 3/19/84 Answers to motions to strike 3/26/84 Cross-examination plans 3/30/84 Hearings 4/2/84 Today, however, the Staff advised that it does not expect to be prepared to proceed on this schedule and suggested that the matter go over until ccmpletion of the hearings- on the contentions discussed below, or approximately May 14. The Applicant suggests that the hearing go forward as proposed and that if the Staff cannot make that schedule, all other testimony be received and Staff's testimony be taken as soon thereafter as possible.

Environmental Qualification of Electrical Equipment and Systems Interaction Contentions LEA, the proponent of Contentions I-41 and I-42, has stated that it will not present any direct testimony but intends to cross-examine Applicant's and Staff's witnesses

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on these matters. The City of Philadelphia (" City") stated that it would inform the Board and parties by March 2, 1984 i i.

s whether it would present witnesses on these matters and conduct cross-examination.M -

Both LEA and the City stated they would attempt to

, narrow the focus for litigation of these two contentions by March 2, 1984, and stated they would inform the Board of their efforts. They stated they could not do this presently because of outstanding discovery requests. Applicant and Staff are of the view that, as presently phrased, the two contentions are unmanageably broad and, as a practical matter, cannot be litigated in their present form without significant expenditures of resources and hearing time.

Further, Applicant and Staff believe that in their present form they are unlikely to lead to the development of a sound and meaningful record. Applicant and Staff would request the convening of a prehearing conference or other Board action for the purpose of narrowing these issues if satisfactory resolution cannot otherwise be achieved.

The following schedules for consideration of Contentions I-41 and I-42 are being submitted. The Staff's separate suggested schedule on Contention I-42 is appended:

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1/ The Staff addresses this matter in a separate filing which is attached.

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.o' Last Day for Action I-42 2/

Filing of testimony 3/19/84 Filing of motions 3/26/84 to strike Responses to motions 4/3/84 to strike Filing of cross- 4/6/84 examination plans Commencement of hearing 4/9/84 I-41 Last Day Applicant's 3/ Alternative 4/

for Action Schedule Schedule Filing of Testimony 4/2/84 4/27/84 Filing of motions 4/9/84 5/4/84 to strike Responses to motions 4/16/84 5/11/84 to strike Filing of cross- 4/20/84 5/8/84 examination plans Commencement of hearing 4/23/84 5/21/84

-2/ The City and LEA could litigate Contention I-42 on this schedule or on the one proposed by the Staff.

-3/ Applicant believes this schedule is reasonable, particularly considering that only Applicant and Staff are likely to fi:.e direct testimony.

-4/ LEA and the City do not believe that they can meet the schedule proposed by Applicant because of the ongoing litigation of the onsite emergency planning (LEA) and environmental qualification of electrical equipment contentions (LEA and the City), but could meet the alternative schedule.

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LEA, the City and the NRC Staff agree with this report except as noted herein.

Respectfully submitte'd, CONNER & WETTERHAHN, P.C.

• Y- 9 Troy onner, Jr. V Mark J. Wetterhahn Counsel for the Applicant February 14, 1984

NRC STAFF'S COMENTS FOR REPORT TO LICENSING BOARD Because the Staff's EQ audit will consume the entire week of March 12-16, 1984 and the witnesses that will be offered by the Staff will necessarily be involved in the audit, the Staff will not be able to litigate Contention I-42 earlier than on the following schedule:

March 26: Testimony April 2: Motions to Strike April 9: Responses to Motions to Strike April 13: Cross-Examination Plans April 16: Hearing on I-42 In additicn, the Staff learned of the City of Philadelphia's intention to pursue LEA's Contentions I-41 (Systems Interaction) and I-42 (Environmen-tal Qualification of Electrical Equipment) when it received Interrogatories on I-42 from the City addressed to the Applicant and the Staff dated February 3,1984 and Interrogatories on I-41 from the City addressed to the Applicant dated February 6, 1984. The Board's Order of November 21, 1983 established February 6,1984 as the last day for filing discovery requests.

Therefore, the Staff, through no fault of its own, is in the anomalous posi-tion of having had discovery requests filed against it without having the opportunity to file discovery requests of its own. The City previously stated that 1. t.Med to initiate discovery and file contentions on emer-gency planning as far as it affects Philadelphia and the severe accident risk assessments (Tr. 6550-C). The City failed to state its intentions with regard to LEA's Contentions I-41 and I-42 and remained silent while the Board identified LEA, the Staff and the Applicant as the parties who were to

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, I jointly propose a schedule for the filing of testimony and the evidentiary hearings on I-41. I-42 and the series VIII onsite emergency planning conten-tions (Tr. 6584). These actions led the Staff to believe that the City would not participate on I-41 and I-42. The Staff believes that if the City is to be allowed to file discovery requests on Contentions I-41 and I-42, the Staff should be given one week from the time of a Board order ruling on the issues raised in this report to file its discovery requests on those contentions addressed to the City. The Staff will file a motion requesting this relief.

The Staff does not object to the Applicant's proposed schedule of April 2 for filing testimony, etc. for litigation of Contention I-41.

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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 " Report to the Licensing Board Regarding Contentions I-41, I-42 and Onsite Emergency Planning" dated February 14, 1984 in the captioned I matter, have been served upon the following by deposit in the United States mail this 14th 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 Washington, 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

• Hand Delivery

i 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. Buch, Esq.

Limerick Ecology Action Kathryn S. Lewis, Esq.

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

Pottstown, PA 19464 15th and JFK Blvd.

Philadelphia,_PA 19107 Charles W. Elliott, Esq.

Brose and Postwistilo Spence W. Perry, Esq.

1101 Building llth & 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 i

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Jay M. Gutierrez, Esq.

.U.S. Nuclear Regulatory Commission i Region I 631 Park Avenue King of Prussia, PA 19406 James Wiggins Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 47 Sanatoga, PA 19464 Mark J. Wetterhahn f

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