ML20083Q380
| ML20083Q380 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 04/19/1984 |
| From: | Conner T CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | |
| References | |
| NUDOCS 8404230053 | |
| Download: ML20083Q380 (9) | |
Text
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4 00CKETED USNRC UNITED STATES OF AMERICf84 APR 20 Ali :11 NUCLEAR REGULATORY COMMISSION
- n - GF 3ECETM Before the Atomic Safety and Licensinci"Boafd'vX t
l In the Matter of
)
i
)
Philadelphia Electric Company
)
Docket Nos. 50-352
)
50-353 (Limerick Generating Station,
)
Units 1 and 2)
)
THIRD JOINT REPORT OF LIMERICK ECOLOGY ACTION, APPLICANT, AND NRC STAFF ON STATUS OF NEGOTIATIONS REGARDING ONSITE l
EMERGENCY PLANNING CONTENTIONS AND LIMERICK ECOLOGY ACTION'S DISMISSAL OF PARTICULAR CONTENTIONS In an Order dated March 15, 1984, the presiding Atomic Safety and Licensing Board
(" Licensing Board" or " Board")
directed Limerick Ecology Action
(" LEA"), the Philadelphia Electric Company
(" Applicant")
and the NRC Staff to hold further settlement discussions regarding LEA's onsite emergency planning contentions, including a face-to-face meeting on or before March 24, 1984.O The initial settlement conference was held on March 24, 1984 and a joint status report was filed by the parties with the Board on March 27, 1984, enumerating specified contentions withdrawn i
by LEA.
A second settlement conference was held on April 5,
- /
Philadelphia Electric Company (Limerick Generating
~
Station, Units 1 and 2), Docket Nos. 50-352-OL and 50-353-OL, " Order Directing Parties to Hold Settlement 4
Conferences for Onsite Emergency Planning Contentions" (March 15, 1984).
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- 1984, following submission of written testimony by the Applicant and Staff.
A second joint status report was submitted on April 6,
1984, enumerating other contentions withdrawn by LEA.
As directed, the parties appeared before the Licensing Board on April 9, 1984 to discuss their respective positions on the remaining contentions, some of which LEA withdrew at that time.
Tr. 9476, 9485.
The Board directed the parties to hold a final, face-to-face settlement conference (Tr.
9517), which the parties had on April 16, 1984.
The Board requested a written status report on April 19, and also suggested the possibility of a conference call on that or the following day if the parties believed that the Board's participation in negotiations would be fruitful.
Tr. 9518.
At the meeting on April 16, 1984, LEA was represented by its counsel; Applicant was represented by its counsel and its Director of Emergency Preparedness; the Staff was represented by its counsel and its witness on these contentions.
Pursuant to those discussions, LEA has agreed to withdraw and hereby does withdraw the following additional contentions:
VIII-10(b)
VIII-19(b)
VIII-20(e)
VIII-3, as it relates to hydrological monitoring and fire detection
e ;
Attached for the information of the Board is a letter to LEA's counsel from the Applicant's counsel agreeing to a revision to a section of the Emergency Plan requested by LEA.
As a result of this change, LEA agreed to withdraw Contention VIII-19 (b).
The Applicant is not aware of any further steps it could take to reacn settlement on any of the remaining contentions.
Nevertheless, the parties believe that the conference call suggested by the Board might result in a further simplification of the issues.
Counsel for Applicant has read the foregoing status report to counsel for LEA and the Staff, who have agreed to
its submission and authorize counsel for Applicant to sign it on their behalf.
Respectfully submitted, CONNER & WETTERHAHN, P.C.
Afr 717td Troy B.
onner, Jr.
Mark J. Wetterhahn Robert M. Rader Counsel for the Applicant b
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Charles W.
Elliott Counsel for LEA i
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i Nathene A. Wright T
Counsel for NRC Staff April 19, 1984 l
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1.AW Ol' floes GONNER & WETTERHAHN. P.G.
1747 PENNSYLVANIA AVENUE. N. W.
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April 18,1984 -
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GADLM ADDHM363s: ATOM LAW 4
Charles W. Elliott, Esq.
Brose & Poswistilo 1101 Building 11 th & Northampton Sts.
Easton, PA 19042 Re:
Limerick Onsite Emergency Planning Contention VIII - 19(b)
Dear Mr. Elliott:
As discussed in our telephone conversation of April 17, 1984, Philadelphia Electric Company has agreed to change EP-500, Action 9.1.9, to state "... contract support groups, they will be informed of these changes."
Additionally, the April,1984 Revision 9 to the Emergency Plan states "The result of the review along with recommendations for improvements, shall be documented, reported to appropriate corporate and plant management and PEMA, NRC and risk counties." This means that the results of the entire review process which includes the appointed reviewer (s) results, Plant Operations Review Committee evaluation and recommendations, and the Nuclear Review Board recommendations will be reported to the organizations cited above.
t This will confirm that I have read the foregoing to you by telephone today and that, based on these representations, LEA agrees to withdraw contention VIII - 19(b).
Sincerely, Robert M. Rader RMRepke cc See Attached Service List
.0
T cc: Judge Lawrence Bronner Judge Peter A. Morris l
Judge Richard F. Cole Troy B. Conner, Jr., Esq.
Ann P. Ilodgdon, Esq.
Mr. Frank R. Romano Mr. Robert L. Anthony Mr. Marvin I. Lowis Ms. Phyllis zitzer Charles W. Elliott, Esq.
Zori G..Ferkin, Esq.
Mr. Thomas Gerusky Director, Penna. Hmutguncy Management Aguncy Mr. Stevon P. llornhuy i
Angus R.
Love, Esq.
Mr. Jouuph it. Whitu, lll David Wersan, Esq.
Robert J. Sugarman, Huy.
Martha W. Bush, Esq.
Uponce W. Perry, Huy.
Jay M. Gutiertex, Haq.
Atumic Hal'uty L l.icesining Appeia l iluie rd Atornic Safety b Licunning Iluard Panel Duckut h nurvice :;uction James Wigginu Timothy R.
S.
C4impleu t i i
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00LKETED
'JSNRC i
UNITED STATES OF AMERICA
'84 APR 20 All :11 NUCLEAR REGULATORY COMMISSION T CE GF SECRt.TA v w.Elif43 A SE8VICl.
i In the Matter of
)
BRANCH
)
i Philadelphia Electric Company
)
Docket Nos. 50-352
)
50-353 (Limerick Generating Station,
)
+
l Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Third Joint Report of i
3 I
Limerick Ecology Action, Applicant, and NRC Staff on Status i
of Negotiations-Regarding Onsite Emergency Planning Contentions and Limerick Ecology Action's Dismissal of 1
Particular dated April 19, 1984 in the captioned. matter j
have been served upon the following by deposit in the United i
States mail this 19th day of April, 1984:
i
}
- Lawrence Brenner, Esq. (2)
Atomic Safety and Licensing l
Atomic Safety and Licensing Appeal Panel Board U.S. Nuclear Regulatory i
U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Docketing and Service Section
- Dr. Richard F. Cole Office of the Secretary Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C.
20555 i
Commission f
Washington, D.C.
20555
- Ann P. Hodgdon, Esq.
Counsel for NRC Staff Office
- Dr. Peter A. Morris of the Executive j
Atomic Safety and Legal Director Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission j
Commission Washington, D.C.
20555 j
Washington, D.C.
20555 i
i Hand Delivery I
Atomic Safety and Licensing Steven P. Hershey, Esq.
Board Panel Community Legal U.S. Nuclear Regulatory Services, Inc.
l Commission Law Center West North j
Washington, D.C.
20555 5219 Chestnut Street Philadelphia, PA 19139 Philadelphia Electric Company I
ATTN:
Edward G. Bauer, Jr.
Angus Love, Esq.
Vice President &
107 East Main Street i
General Counsel Norristown, PA 19401 l
2301 Market Street i
Philadelphia, PA 19101 Mr. Joseph H. White, III 15 Ardmore Avenue Mr. Frank R. Romano Ardmore, PA 19003 61 Forest Avenue l
Ambler, Pennsylvania 19002 Robert J. Sugarman, Esq.
i Sugarman, Denworth &
j Mr. Robert L. Anthony Hellegers Friends of the Earth of 16th Floor, Center Plaza I
the Delaware Valley 101 North Broad Street 106 Vernon Lane, Box 186 Philadelphia, PA 19107 Moylan, Pennsylvania 19065 Director, Pennsylvania Mr. Marvin I. Lewis Emergency Management Agency i
6504 Bradford Terrace Basement, Transportation Philadelphia, PA 19149 and Safety Building Harrisburg, PA 17120 Phyllis Zitzer, Esq.
Limerick Ecology Action Martha W. Bush, Esq.
P.O. Box 761 Kathryn S. Lewis, Esq.
i 762 Queen Street City of Philadelphia L
Pottstown, PA 19464 Municipal Services Bldg.
15th and JFK Blvd.
Charles W. Elliott, Esq.
Philadelphia, PA 19107 Brose and Postwistilo 1101 Building lith &
Spence W. Perry, Esq.
Northampton Streets Associate General Counsel Easton, PA 18042 Federal Emergency Management Agency Zori G. Ferkin, Esq.
500 C Street, S.W.,
Rm. 840 Assistant Counsel Washington, DC 20472 i
Commonwealth of Pennsylvania Governor's Energy Council Thomas Gerusky, Director 1625 N. Front Street Bureau of Radiation Harrisburg, PA 17102 Protection i
Department of Environmental Resources Sth Floor, Fulton Bank Bldg.
Third and Locust Streets Harrisburg, PA 17120 1
4 Federal Express i
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Jay M. Gutierrez, Esq.
U.S. Nuclear Regulatory Commission Region I 631 Park Avenue I
King of Prussia, PA 19406 James Wiggins l
Senior Resident Inspector i
U.S. Nuclear Regulatory Commission P.O. Box 47 i
Sanatoga, PA 19464 Timothy R.S. Campbell Director Department of Emergency Services 14 East Biddle Stroot West Chester, PA 19380 l
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Robert M. Rader l
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