ML20083A241
| ML20083A241 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 12/16/1983 |
| From: | Sugarman R DEL-AWARE UNLIMITED, INC., SUGARMAN & ASSOCIATES |
| To: | Edles G, Gotchy R, Kohl C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8312200226 | |
| Download: ML20083A241 (3) | |
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Decerter 16, IM3 "s.
Christine Rohl, Chairman Dr. Reginald L.
Gotchy Mr. Gary J.
Edles Atomic Safety and Licensing Appeal Board U.S.
Nuclear Regulatory Corr.ission Washington, D.C.
20555 Re:
Philadelphia Electric Ccmpany Docke_ts_50-352, 50-353
Dear Board Mc:
..bers:
This is a further updating of our report of December 5, 1983 regarding the status of the Bucks Ccunty Ordinance in the above matter.
As the Board will note, the ordinance states that (Section 8)
"the reasons for Bucks County's intention to require the project include the results of a referendum question in the May 17, 1983 primary ballot That referendum, as stated by Mr.
- Conner, resulted in a decision by the voters of Bucks County to stop the project.
This is to advise the Board that on December 5,
- 1983, the Court of Cormon Pleas denied Philadelphia Electric Company's' Application for a Preliminary Injunction.
A copy of the Court's Opinion is attached hereto.
This will also respond to Mr.
Edles' request for documentation concerning the arrangements between the NRC and the DRBC in December, 1980 and January and February, 1981, and the documentation of the qualifications in DRBC's approval.
I am enclosing the following:
(1)
The docket approval of the DRBC of February 18, 1981.
You will note on pages 5-6 there is a long paragraph referring to the NRC proceedings and the results of these proceedings as potentially reopening DRBC's docket, and on page 8 a Condition (P) expressly reserving that right.
8312200226 831216 05000 5 gDRADOCK
!*s. Christine Echl, Nec:ber 16, 1903 Chcirman Dr. ?cgincid L. Gotehy
.r.
G ry J. Pdlas (2)
The transcript of the DRBC mceting, specifically Sherran Tribbitt, l
the portions in which the Federal mcmber, stated the basis on which he cast a favurable vote.
You will note that Mr.
Tribbitt exprcarly refers to the rcquirement that EPA be satisfied.
(3)
The portions of the deposition transcript of Cecrge Pence, the respensible persen at sagion 3 uf EPA, who records the basis on which EPA gave ap:reval, namely, the commitment of the NRC to review the impacts of the diversion
~
levels.
on the Delaware River salinity and dissolved oxygen (Not enclosed: available in Ccmmission's files.)
Tracing the history, we see its evolution as follcws:
(4)
A memorandum of December 5,
1980 from the Pennsylvania delegate to the DRBC to the Governor of Pennsylvania regarding the Limerick docket, stating that a majority was against the water for Limerick, and wanted an
- EIS, and the potential resolution (a
qualified
- docket, dependent on NRC.
review of Limerick and "related components".).(pp. 12-14)
(5)
Governor DuPont's letter of December 15, 1980 reflecting the status prior to the agreement.
The exchange of correspondence of December 15 and (6) 16, 1980 between the NRC and the DRBC.
Note DRBC refers to Point Pleasant and NRC responds.that the EIS will include effects.of " facilities required for its operation."
(7)
The NRC staff letter of January 5,
1981 supplied to you by the staff.
That letter states that because of the failure of the NRC to fully review the supplemental cooling water system environmental impacts at the time,of,
construction' permit review, that subject will be thoroughly aired at this time.
EPA's backoff letters of February 17, 1981 (in the (8)
DRBC transcript, (see $2) pp.
42 and 47-48).
EPA there refers to their concerns about consumptive water use and again notes NRC will review the impact of Point P]casant.
Based on this record, there is no. room for doubt that such an agreement was made.
The present effort of the staff to equivocate concerning such agreement and its scope is 1
unfortunate.
I hope that with this documentation we can finally i
expose the fact that due to this buck passing betwqen the
-0C and O.e DF3C, there har m ver been a full current
I's. Christine Kehl, :=cr.ber 16, 1933 Chairman Dr..9eginald L.
Cutchy
- r. Gury J.
Edles evaluation of the effects of the consumptive water use, and therefgre r.o evaluation as to whether the need for Limerick varrants the depletion of scarce Delaware Riter water.
Sincerely, 3
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g r-
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T 1
Robert J.
Sugar an cc:
Service List cc:
Ann Hodgdon, Esquire w/ Enclosures Troy Conner, Esquire w/ Enclosures
.