ML20083J135

Motion to Reconsider or to Certify ASLB 840103 Order Re M Laverty Participation in Proceeding.Certificate of Svc Encl

ML20083J135
Person / Time
Site:	Limerick
Issue date:	01/11/1984
From:	Sugarman R DEL-AWARE UNLIMITED, INC., SUGARMAN & ASSOCIATES
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8401160202
Download: ML20083J135 (6)

Text

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~: r a UNITED STATES OF AMERICA ~ ~ N pe ..

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 84 Jf,'i 13 00 :10

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In the Matter of  : Docket Nos. 50-355~  ; ._

PHILADELPHIIs ELECTRIC COMFANY : 50-353 ;F ~

(Limerick Generating Station, :

Units ^1 and 2)  :

MOTION TO RECONSIDER OR TO CERTIFY Del-AWARE Unlimited hereby submits the following as grounds why the Board should reconsider or certify its Order of January 3, 1984:

1. The Opinion of the General Counsel dated November 18, 1983 to the Appeal Board did~not represent an opinion that Ms. Laverty. is permitted to participate before the

. Licensing Board. On the contrary, a careful distinction was

.made by the Appeal Board between the matters pending in the Appeal Board,.and those which are not pending in the Appeal Board, and it was determined that since Ms. Laverty did not intend to participate in the Appeal Board, the Appeal Board had no concern. This did not represent a determination that Ms. Laverty could participate in tne matters affecting supplemental cooling water before the Licensing Board.

-2. Del-AWARE Unlimited thought that this Board would have itself read the Appeal Board's letter and understand its limitations, and did not feel it necessary to call to this Board's attention the fact that the Appeal Board did not make any decision regarding the propriety of Ms. Laver-

• y's representation ir the Licersing Peard.

'B401160202 840111 PDR ADOCK 05000352 Q- PDR ,

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3. From the. documentation, it is clear that Ms.

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.Laverty has consistently defined the " proceeding" as narrow-ly_as possible-to justify her continuing participation, by not disclosing any events which are not specifically in-quired about upon being learned of through c:her sources.

4. Del-AWARE had previously made the point to the-

-Appeal Board that it should make further inquiry as to Ms.

Laverty participation in other aspects of this matter. On the-contrary no such Board inquiry was made, and Del-AWARE's request that such an ' inquiry be made was ignored. Again, Del-AWARE did not believe it necessary to call to the attention of this Board the limitation of the inquiry, and the refusal or failure of the Appeal Board or the general counsel to ask~Ms. Laverty the basic question: What was her participation in any aspect of Limerick at any time?

5. In view of the' imminence of the matter, Del-AWARE brought.the-matter to the attention of the Board without a detailed fcrmal presentation because ~ Del-AWARE desired .to bring 'the matter to .the Board's attention as quickly as possible, consistent with other obligations, and because the Board, as an administrative body, has the responsibility to look into these matters on its own, as the Appeal Board did.

E. In view of the foregoing, Del-AWARE respectfully requests that the Board reconsider its Order of January 3, 1984, and prior to disposing of the Motion, direct the Ms.

Laverty, Commissioner Roberts, and the Office of General reunecl, ecch independently, disclose to thc pullic and the 2

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Board the full extent of Ms..Laverty's participation in any.

matter relating t'o Limerick, whether within or without the scope Tof: what she or -l Messrs. Conner and Wetterhahn might

-consider to be'"the-proceeding"_which might narrow the. issue in ' any given case, ~ or certify the. matter to . the Appeal Board.

Respectfully submitted,

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.:g i 4 ROBERT J. SUGARMAN j Counsel-for Del-AWARE Unlimited, Inc.

-Of Counsel

~SUGARMAN & DENWORTH 121 S. Broad Street

' Suite 510-

' Philadelphia, PA 19107~

(215) 546-0162 Dated: . January 11, 1984

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OQ. # 4 BEFORE THE ATOMIC SAFETY LICENSING BOARD

'84 JA" 13 A10 :10 In--the matter of )

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PHILADELPHIA ELECTRIC COMPANY ) Docket Nos.:50-352,#

) 50-353 (Limerick Generating Station, . )

Units 1 and.2 )

)

CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing MOTION FOR RECONSIDERATION OR CERTIFICATION by mailing a copy of the - same to the following persons this lith day of January, 1984.

Judge Lawrence Brenner 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 Secretary Atomic Safety and Licensing U.S. Nuclear Regulatory

. Board Commission U.S. Nuclear Regulatory Washington, D.S. 20555 Commission Washington, D.C. 20555 Stephen H. Lewis, 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 Pegulatory Commission

-Commission Washington, D.C. 20555

Washington, D.C. 20555 Troy B. Conner, Jr., Esq.

Atomic Safety and Licensing Mark J. Wetterhahn, Esq.

U.S. Nuclear Regulatory. Conner & Wetterhahn

-Commission 1747 Pennsylvania Avenue, NW Washington, D.C. 20555 Washington, DC 20006

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Mr. Frank R. Romano Robert W. Adler, Esq.

61 Forest Avenue Assistant Counsel Ambler, PA 19002 Commonwealth of Pennsylvania, DER l Mr. Charles B. Taylor 505 Executive House 24 West Tenth Avenue P.O. Box 2357 Collegeville, PA 19426 Harrisburg, PA 17120 Mr. Robert L. Anthony Thomas Gerusky, Director 103 Vernon Lane, Eon 186 Eureau cf Radiation Protectien Moylan. PA 19065 Cepartment of Environmental Resources Mr. Marvin I. Lewis 5th Floor, Fulton Bank Bldg.

6504 Bradford Terrace Third and Locust Streets Philadelphia, PA 19149 Harrisburg, PA 17120 Samuel & Clarissa B. Cooper Randall Brubaker, Esq.

P.O. Box 16 Assistant Counsel Colora, Maryland 21917 Commonwealth of Pennsylvania, DER Judith A. Dorsey, Esq. Room 1200, 1315 Walnut Street 1315 Walnut Street Philadelphia, PA 19107 Suite 1632 Philadelphia, PA 19107 Director Pennsylvania Emergency Charles W. Elliott, Esq. Management Agency 123 N. 5th Street Basement, Transportation and Suite 101 Safety Bldg.

O Allentown, PA 18102 Harrisburg, PA 17120 Mr. William Lochstet John Shniper, Esq.

119 E. Aaron Drive Hy Mayerson, P.C.

State College, PA 16804 Meeting House Law Bldg. and Gallery Mr.-Alan J. Nogee Mennonite Church Rd. l 3700 Chestnut Street Schuylkill Rd.

Philadelphia, PA 19104 Spring City, PA 19475 l

Mr. Steven Levin Philadelphia Electric Company 11 Beard Circle ATTN: Edward G. Bauer Phoenixville, PA 19460 Vice President &

General Counsel Donald S. Bronstein, Esq. 2031 Market Street 1425 Walnut Street Philadelphia, PA 19101 Philadelphia, PA 19102 Mr. Joseph H. White, III Dr. Judit H. Johnsrud 11 South Merion Avenue Co-Director, ECNP Bryn Mawr, PA 19010 433 Orlando Avenue J

Stevan P. Hershey, Esq. Consumar Advocate

, Community Legal Services, Inc. Office of the Attorney General l Sylvania House 1425 Strawberry Square j Juniper & Locust Streets Harrisburg, PA 17120 l- Philadelphia, PA 19107 y -

• 'a_. *. t' m, i\ , .,'

Robert J. Sugarman FM1/143 l