ML20082J024

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Response Opposing Rl Anthony/Friends of the Earth 831119 Motion to Strike Testimony on Pipeline Contentions.Motion Unaccompanied by Effort to Satisfy Criteria for late-filed Contentions.Certificate of Svc Encl
ML20082J024
Person / Time
Site: Limerick  Constellation icon.png
Issue date: 11/28/1983
From: Wetterhahn M
CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20082H879 List:
References
NUDOCS 8312010353
Download: ML20082J024 (6)
v • d • e


Text

. _ _ _ . _ . . _ _ ._ ._.___ . _ _ _ . _.. __ .. _ __ _ _ _ . .

. l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board j In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

i APPLICANT'S RESPONSE TO ANTHONY / FOE MOTION TO STRIKE NRC STAFF TESTIMONY In a document captioned " Motion by Anthony / FOE to  ;

Strike NRC Staf f Testimony," dated November 19, 1983, Mr.

Robert L. Anthony raises what he asserts to be a "new matter." Specifically, he states that "[alerial photographs included with the testimony above as attachments 1 and 2 i

show the ARCO pipeline at the edge of, or in the parking and storage area east of #2 cooling tower."1! Based on these l

l photographs, Mr. Anthony requests the opportunity to submit l

l supplemental testimony on a break which he postulates "could ,

l spray the storage area trapping fumes in outbuildings which 1/ The testimony apparently referred to is " Testimony of Charles M. Ferrell and Earl H. Markee, Jr. and Kazimieras M. Campe Concerning ARCO and Columbia Gas Pipelines."

l 8312010353 831128 l PDR ADOCK 05000352 G PDR

e could trigger an explosion, bringing down one or both towers on the generator, operating and containment buildings."2_/

The matter of the location of the ARCO pipeline is not new. Figure 2.2-4 of the Limerick FSAR has been available to Mr. Anthony since the inception of this proceeding. That figure clearly shows that the ARCO pipeline is located within the site boundary to the east of the Unit 2 cooling tower. 3_/

Mr. Anthony's attempt to raise this matter as new at this late date in the proceeding is clearly without merit.

As the Appeal Board noted in Duke Power Company (Catawba Nuclear Station, Units 1 and 2) , ALAB-687, 16 NRC 460, 468 (1982),b "an intervention petitioner has an ironclad obligation to examine the publicly available documentary material pertaining to the facility in question with suffi-cient care to enable it to uncover any information that 1

i 2/ The parking and storage areas are associated with the construction of the Station. Mr. Anthony fails to 7i.e any showing how the cooling towers could overturn on a

safety-related structure considering the separation and l

the direction of any postulated explosion.

I -

3/ While the testimony of Walter C. Payne with regard to l Contentions V-3a and V-3b indicates that there is a slight deviation of the pipeline within the site l boundary from that shown on Figure 2.2-4 (50 feet at the maximum deviation where the pipeline exists from the northern boundary of the generating station property), this is insignificant in terms of any analysis of the situation.

1

~

4/ Aff'd in part and rev'd in part, CLI-83-19, 17 NRC

! (1983).

could serve as foundation for a specific contention." In addition, FOE has had an opportunity to pursue this matter during the course of discovery, but has chosen not to do so.

In effect, Mr. Anthony is proposing that the Board admit a late-filed contention at this late date. His eleventh-hour motion proposing this contention is unaccom-panied by any effort to satisfy the criteria for late-filed contentions in 10 C.F.R. S 2.714.

Accordingly, the motion should be denied.

Respectfully Submitted, CONNER & WETTERHAHN, P.C.

Mark J. Wetterhahn Counsel for Philadelphia Electric Company November 28, 1983

e 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 Motion for Reconsideration of the ' Memorandum and Order Establishing Discovery Schedule' as to Contention VI-1," " Applicant's Response to AWPP's Motion to Strike Applicant's Testimony on Contention V-4," Applicant's Response to Anthony / FOE Motion to Strike NRC Staff Testimony," " Applicant's Response to AWPP Motion to Extend Discovery on Contention VI-l for Six Weeks" and " letter to R.L. Anthony from Mark J. Wetterhahn,"

all dated November 28, 1983, in the captioned matter, have been served upon the following by deposit in the United States mail this 28th day of November, 1983:

  • Judge Lawrence Brenner (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
  • Judge Richard F. Cole Office of the Sacretary Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555
  • Ann P. Hodgdon, Esq.

Counsel for NRC Staff

  • Judge Peter A. Morris Office of the Executive Atomic Safety and Licensing Legal Director Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555
  • Hand Delivery

k s

l 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. 101 East Vice President & Main Street Norristown, PA General Counsel 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.

Suge.rman & Denworth Suite

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 lith & Associate General Counsel Northampton Streets Federal Emergency Easton, PA 18042 Management Agency 500 C Street, S.W., Rm. 840 Commonwealth of Pennsylvania Washington, DC 20472 DER 505 Executive House Thomas Gerusky, Director P.O. Box 2357 Bureau of Radiation Harrisburg, PA 17120 Protection Department of Environmental Resources 5th Floor, Fulton Bank Bldg.

Third and Locust Streets Harrisburg, PA 17120 1

    • Federal Express l

t, a

Jay M. Gutierrez, Esq.

U.S. Nuclear Regulatory Commission Region I 631 Park Avenue King of Prussia, PA 19406 Zori G. Ferkin Commonwealth of Pennsylvania Governor's Energy Council P.O. Box 8010 1625 N. Front Street Harrisburg, PA 17105 Ma p J. Wetterhahn I

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