ML20083J568

Forwards Objection to ASLB 831230 Proposed Decision & Order Dismissing Proceeding W/Prejudice.Motion for Summary Decision & for Termination of Proceedings as Moot & W/O Prejudice Encl

ML20083J568
Person / Time
Site:	05000463, 05000464
Issue date:	12/29/1983
From:	Irwin D HUNTON & WILLIAMS, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Cotter B, Desylva D, Linenberger G Atomic Safety and Licensing Board Panel
Shared Package
ML20083J571	List: ML20083J568 ML20083J584 ML20083J599
References
76-300-01-CP, 76-300-1-CP, ISSUANCES-CP, NUDOCS 8401050297
Download: ML20083J568 (4)

Text

,

, Y

• DOCKETED

< Huwrow & WILLI Art s UE 707 East MAIN STREET P. o box 1535 WAsHINGTO N. D. C. RscunoNn, VIRGINIA 23212 ret o. JAN -3 A10.42 ointcv osat wo, so4 yee.

Los ANGELES, CALIFORNIA TELEPHONE 804-788-8200 TWX - 710 - 9 5 6 - 00 6 8 OC f G & hhvvib I O FO . R N K NO Mv1 L L E. TE N N E S S E E BY HAND December 29, 1983 B. Paul Cotter, Jr., Esq., Mr. Gustave A. Linenberger Chairman Atomic Safety and Licensing A.tomic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East-West Towers East-West Towers (West Tower), 4th Floor (West Tower), 4th Floor 4350 East-West Highway 4350 East-West Highway Bethesda, MD 20814 Bethesda, MD 20814 Dr. Donald P. deSylva Associate Professor of Marine Science Rosentiel School of Marine and Atmospheric Science University of Maimi Miami, FL 33149 Philadelphia Electric Company (Fulton Generating Station, Units 1 and 2):

ASLBP Docket No. 76-300-01 CP (NRC Docket No. 50-463 CP, 50-464-CP Gentlemen:

As required by this Board's Order.of December 14, 1983, Philadelphia Electric Company (PE) files herewith its Objection to this Board's proposed Decision and order anticipatorily dated December 30, 1983.

PE believes that the only summary disposition of this case consistent with the Appeal Board's Decision is dismissal with-out prejudice. Accordingly, PE also encloses the following ad- '

ditional papers:

e401050297 831229 PDR ADOCK 05000463 G PDR

• '; HUNTON & WILLI AMS

1. Motion for Summary Decision and for Termination of Proceedings as Moot, Without Prejudice

2. Statement of Material Facts

3. Affidavit of Vincent S. Boyer Mr. Boyer is out of his office and beyond convenient access to a notary public this week. His affidavit is there-fore being submitted today without signature. He has, however, reviewed each of the papers it supports, agrees with their fac-tual assertions, and will execute the af fidavit attached here in blank upon his return next Tuesday. It will be promptly refiled, with signature, at that time. PE asks that the Board accept the affidavit and the pleadings it supports today, sub-iect to Mr. Boyer's execution of his affidavit next Tuesday.

PE also lodges with the Board, as a courtesy, a copy of the brief it filed with the Appeal Board in this matter in 1981. Copies were sent to the prior Board at that time, but may not be immediately available to all Board members. The copy has been included in Mr. Cotter's envelope.

Sincerely yours, Donald P. Irwin Counsel to Philadelphia Electric Company 91/730 l

t

Enclosures:

As Stated f cc w/ enclosures: Attached Service List l

O  !

l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of ) ASLBP Docket No.76-300 n1 CP

)

PHILADELPHIA ELECTRIC COMPANY ) (NRC Docket No. 50-463-CP

) 50-464-CP)

(Fulton Generating Station, )

Units 1 and 2 )

CERTIFICATE OF SERVICE I hereby certify that I have served copies of the following documents: (1) Philadelphia Electric Company's Objection to and Motion for Modif3 stion of Proposed Decision and Order Dismissing Proceeding Witn Prejudice, (2) Motion of Philadelphia Electric Company for Summary Decision and for Termination of Proceedings as Moot and Without Prejudice, (3)

Statement of Material Facts accompanying Motion, (4) Affidavit of Vincent S. Boyer, and (5) Letter, Donald P.- Irwin to B. Paul Cotter, Jr., Esq., et al., on the following persons by U.S.

mail, first class, postage prepaid, or by hand (*) or by Federal Express (**), this date:

P. Paul Cotter, Jr., Esq., Chairman

• Dr. Donald P.'deSylva**

Atomic Safety and Licensing Associate Professor of Marine Board Science U.S. Nuclear Regulatory Rosentiel School of Marine and Commission Atmospheric Science East-West Towers University of Miami (West Tower), 4th Floor Miami, FL 33149 4350 East-West Highway Bethesda, MD 20814 Sherwin E. Turk, Esq.*

Counsel for NRC Regulatory Mr. Gustave A. Linenberger* Staff Atomic Safety and Licensing Office of the Executive Board Legal Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East-West Towers Maryland National Bank Bldg.

(West Tower), 4th Floor 7735 Old Georgetown Road 4350 East-West Highway Bethesda, MD 20814 Bethesda, MD 20814 i

I 1

a

/*

1 Atomic Safety and Licensing Theodore A. Adler, Esq.

Board Panel Widoff, Reager, Selkowitz U.S. Nuclear Regulatory & Adler  !

Commission P.O. Box 1547 l Washington, DC 20555 Harrisburg, PA 17105

, . Atomic Safety and Licensing Executive Director Appeal Board Panel Susquehanna River Basin U.S. Nuclear Regulatory Commission Commission 1721 N. Front Street Washington, DC 20555 Harrisburg, PA 17102 Docketing and-Service Section (7) Susquehanna Valley Alliance Office of the Secretary P.O. Box 1012 U.S. Nuclear Regulatory Lancaster, PA 17604 ,

Commission ,

Washington, DC 20555 George L. Boomsma l Save Solanco Environment '

Eugene J. Bradley, Esq.** Conservation Fund Philadelphia Electric Company P.O. Box 64 2301 Market Street Quarryville, PA 17566 Philadelphia, PA 19101 Paul K. Allison, Esq.

Marianne D. O'Brien, Esq. Allison & Pyfer Assistant Attorney General 128 N. Lime Street, Box 1588 Department of Natural Resources Lancaster, PA 17604 Tawes State Office Bldg., C-4 .

580 Taylor Avenue Gilbert G. Malone, Esq.

Annapolis, MD -21401 Ports, Beers, Feldmann & Malone 145 East Market Street '

Lawrence Sager, Esq. York, PA 17401 Sager & Sager Associates 45 High Street James A. Humphreys, III, Esq.

Pottstown, PA 19464 Barley, Snyder, Cooper & Barber 115 E. King Street York Committee for a Safe Lancaster, PA 17602 Environment Dr. Chauncey R. Kepford 433 Orlando Avenue State College, PA 16801 Donald P. Irwin Counsel for Philadelphia Electric Company 1

DATED: December 29, 1980 l

, - . , . - . - - ,- -.-- ---_ _ . - ,. . - . . . ~ . - _ . _ _ - _ . . _ _ . _ _ _ , . - _ - - - - -