ML20083A608

Application to Submit late-filed Contention & Suspend or Cancel OL Proceedings.Documents Providing Basis for Contention Only Recently Received.Certificate of Svc Encl

ML20083A608
Person / Time
Site:	Limerick
Issue date:	12/15/1983
From:	Sugarman R DEL-AWARE UNLIMITED, INC., SUGARMAN & ASSOCIATES
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8312200343
Download: ML20083A608 (6)

Text

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UNITED STATES OF AMERICA  %,F" NUCLEAR REGULATORY COMMISSION In the Matter of '83 DEC 1'0 All :44

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Philadelphia Electric Company ) Docket No. 50 -3 5 2T-OL.f. :.

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(Limerick Generating Station, )

Units 1 and 2 )

APPLICATION TO SUBMIT LATE FILED COMTENTION Del-AWARE, Inc., submits the following late filed contention:

1. v-33 The proceedings with respect to Unit 2 of the above facility should be suspended or cancelled at this time, due to the fact that the unit is in an indefinite time period, and the Commission staff and other organs have themselves deferred further consideration. Such deferral will permit appropriate consideration of supplemental cooling water contentions which have arisen as a result of events becoming known since becoming known since the date of the prior adjudication, and also of the matters raised in the DES.

Basis: The Advisory Committee on Reactor Safeguards, letter of October 18, 1983, and the notes of the Regional Management Meeting of October 18, 1983.

2. Basis for Late Filine: These documents were

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received by in'.ervenors only within the last three weeks.

At the same time, intervonors thought that from the Board's order of March 8, 1983, that all supplemental cooling water system issues were finally and completely resolved as far as the Licensing Board was concerned, and not to be relitigated. (See March 8 order). In addition, the 8312200343 831215 PDRADOCK05000g G ~

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relevance of further consideration of Unit 2 issues at a more appropriate time is enhanced by the failure of PECO to obtain approval of its proposed financing plan by which it hoped to continue Unit 2 from the Pennsylvania PUC, which occurred on liovember 16, 1983, and also the action of the

-Bucks County commissioners in enacting Ordinance number 59 to take over the project, in order to implement the results of the May 19 referendum.

3. Need for intervenors to litigate this issue:

Obviously, based on past experience, no other litigant or party will address these issues.

4. Prejudice: The action of the ACRS and the Region 1 staff, while as yet unable to be explained by intervenors, due to.the non-disclosure by the staff, indicate that the staff is ba'cking off Unit 2. At the same time, those portions of the staff litigating this issue are taking an inconsistent position before this Board.

WHEREFORE, intervenors request that the Board admit the late filed contention, and at the same time, suspend or -

cancel the OL proceedings on Unit 2. After all, the Board cannot complete its proceedings, and should not go further into its proceedings, without the relevant input of the various other organs of the NRC.

Respectfully submitted, ROBERT J. SUGA p K N Attorney for InterWnors, Del-AWARE Unlimited, Inc.

cc: Service List Of Counsel:

SUGARMAN & DENWORTH 121 S. Broad Street Philadelphia, PA 19107 (215) 546-0162 Date; December 15, 1983 d

UNITED STATES OF AMERICA

• NUCLEAR REGULATORY COMMISSION 3:LrEii

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• In the matter of )

2HILADELPHIA ELECTRIC COMPANY ) El Docket Nos. 50-3a.f A11:45

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(Limerick Genarating Station, )

Units 1 and 2 )

E['50-353

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CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing APPLICATION TO SUBMIT LATE FILED CONTENTION by mailing a copy of the same to the following persons this lhthdayofDecember, 1983.

Judge Lawrence Brenner (2) Atomic Safety and Licensing Atomic Safely 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 Secretary 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 w w a

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

Board Panel Community Legal Services, Inc.

U.S. Nuclear Regulatory Law Center West North Commission 5219 Chestnut Street Washington, D.C. 20555 Philadelphia, PA 19139 Philadelphia Electric Co. Angus Love, Esq.

ATTN: Edward G. Bauer, Jr. 101 East Main Street Vice President & Norristown, PA 19401 General Counsel 2031 Market Street Mr. Joseph H. White, III Philadelphia, PA 19101 15 Ardmore Avenue Ardmore, PA 19003 Mr. Frank R. Romano 61 Forest Avenue Director, Pennsylvania Ambler, PA 19002 Emergency Management Agency Basement, Transportation and Mr.. Robert L. Anthony Safety Building Friends of the Earth of Harrisburg, PA 17120 the Delaware Valley 106 Vernon Lane, Box 186 Mr. Marvin I. Lewis Moylan, PA 19065 6504 Bradord Terrace Philadelphia, PA 19149 Phyllis Zitzer, Esq.

Limerick Ecology Action Martha W. Bush, Esq.

P.O. Box 761 Kathryn S. Lewis, Esq.

762 Queen Street City of Philadelphia Pottstown, PA 19464 Municipal Services Bldg.

15th and JFK Blvd.

Charles W. Elliott, Esq.

Brose and Postwistilo Spence'W. Perry, Esq.

1101 Building lith & Associate General Counsel Northampton Streets Federal Emergency Easton, PA 18042 5'00 Management Agency Rm. 840 C Street, S.W.,

Commonwealth'of' Pennsylvania Washington, D.C. 20472 DER 505_ Executive House Thomas Gerusky, Director P.O. Bcx 2357 Bureau of Radiation Harrisburg, PA 17120 Protection Department of Environmental J a y M'. Gutierrez, Esq. Resources U.S. Nuclear Regulatory 5th Floor, Fulton Bank Bldg.

Commission Third and Locust Streets Region I Harrisburg, PA 17120 631 Park Avenue King of Prussia, PA 19406 i l

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f Troy Conner . Zori G. Ferkin Conner & Wetterhahn Commonwealth of Pennsylvania 1747 Pennsylvania Ave. Governor's Energy Council Washington, D.C. 20006 P.O. Box 8010 1625 N. Front Street Harrisburg, PA 17105 f

• 3 W ROBERT J. SUGARMAli Counsel for Intervenors Del-AWARE Unlimited, Inc.

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