ML20084K534

Motion for Expedited Partial Initial Decision & Issuance of Low Power License for Fuel Loading & Low Power Testing. Certificate of Svc Encl

ML20084K534
Person / Time
Site:	Limerick
Issue date:	05/09/1984
From:	Conner T PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8405140065
Download: ML20084K534 (6)

Text

r-4 3-t UNITED STATES OF AMERICA 00Q O NUCLEAR REGULATORY COMMISSION D/

Before the Atomic Safety and Licensing Board 34 g In the Matter of )

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Philadelphia Electric Company ) Docket Nos. ' h>oy.50-3[5%f

) 50-353 ' H (Limerick Generating Station, )

Units 1 and 2) )

APPLICANT'S MOTION FOR AN EXPEDITED PARTIAL INITIAL DECISION AND ISSUANCE OF A LOW-POWER LICENSE FOR FUEL LOADING AND LOW-POWER TESTING Pursuant to 10 C.F.R. 550.57(c), Applicant Philadelphia Electric Company (" Applicant") moves that the presiding Atomic Safety and Licensing Board (" Licensing Board" or

" Board") issue an expedited Partial Initial Decision and an operating license authorizing Applicant to load fuel in the Limerick Generating Station, Unit I reactor and to operate the facility at power levels not to exceed five percent of power.

The requested relief is that which has been authorized by other licensing boards in operating license proceedings under similar circumstances. See Pacific Gas and Electric l Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2) ,

CLI-81-22, 14 NRC 598 (1981), suspended, CLI-81-30, 14 NRC 950 (1981), reinstated, CLI-84-5, 19 NRC (April 13, 1984). Applicant has reviewed its construction schedule and determined that the fuel loading date for Unit 1 will be on or about September 15, 1984. As noted in its letter to

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PDR ADOCK 05000352 O PDR n .

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the Commission dated April 11, 1984, Applicant conducted a full scale technical review on the status of construction to determine when a fuel loading and low-power testing license for Unit 1 would be needed.

The schedule established by the Board for the sub-mission of proposed findings of fact and conclusions of law on the contested issues is consistent with the requested relief. Specifically, the Board has already rendered a partial initial decision on supplemental cooling water l issues.1! Proposed findings have been submitted on Con-tentions V-4 (carburetor icing) and V-3(a) and (b) (pipeline accidents). The Board has scheduled receipt of proposed findings on Contention I-42 (environmental qualification) and the onsite emergency planning contentions for June and early July 1984. ! The hearing on the quality assurance contention is now in progress and the hearing on the severe accident contentions is scheduled to commence May 22, 1984.

The Board anticipates the completion of the hearing on the quality assurance contention in May and the severe accident ,

contentions by June 22, 1984.3_/ Proposed findings will be 1/ Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), LBP-83-11, 17 NRC 413 (1983).

2/ Limerick, supra, " Order Scheduling Proposed Findings" (April 27, 1984).

3_/ Limerick, supra, " Order Confirming Adjusted Schedule for Hearing on NEPA Severe Accident Contentions" (May (Footnote Continued) i f

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m submitted thereafter. Upon the completion of the quality assurance hearing as anticipated, all proposed findings, except as to severe accident contentions, will be submitted by July 9, 1984.A The only remaining matter for litigation would be the offsite emergency planning contentions, which need not be resolved for a low-power license.5_/

On this basis, Applicant believes that it is reasonable to request the Licensing Board to issue its partial initial decision, as anticipated in its various orders, in time to permit fuel loading for Unit 1 on or about September 15, 1984.

Respectfully submitted,

h. - .

Troy . onner, Jr.

Counsel for the Applicant May 9, 1984 (Footnote Continued) 2, 1984); Limerick, supra, " Memorandum and Order Denying Motion for New Contention Based on IE Notice 34-17" (May 1, 1984) (slip op. at 6).

4_/ Limerick, supra, " Order Scheduling Proposed Findings" (April 27, 15'84) .

5_/ See 10 C.F.R. S50.47 (d) .

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's UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Motion for an Expedited Partial Initial Decision and Issuance of a Low-Power License for Fuel Loading and Low-Power Testing,"

dated May 9, 1984 in the captioned matter have been served upon the following by deposit in the United States mail this 9th day of May, 1984:

Lawrence Brenner, Esq. (2) 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 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 Commission Washington, D.C. 20555 Ann P. Hodgdon, Esq.

Counsel for NRC Staff Office Dr. Peter A. Morris of the Executive Atomic Safety and Legal Director Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 L

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Atomic Safety and Licensing Angus Love, Esq.

Board Panel 107 East Main Street U.S. Nuclear Regulatory Norristown, PA 19401 '

Commission  ;

Washington, D.C.

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20555 Robert J. Sugarman, Esq.

Sugarman, Denworth &

Philadelphia Electric Company Hellegers ATTN: Edward G. Bauer, Jr. 16th Floor, Center Plaza Vice President & 101 North Broad Street General Counsel Philadelphia, PA 19107 2301 Market Street Philadelphia, PA 19101 Director, Pennsylvania Emergency Management Agency ,

Mr. Frank R. Romano Basement, Transportation i 61 Forest Avenue and Safety Building Ambler, Pennsylvania 19002 Harrisburg, PA 17120 t

Mr. Robert L. Anthony Martha Ws Bush, Esq.

Friends of the Earth of Kathryn S. Lewis, Esq.

the Delaware Valley City of Philadelphia 106 Vernon Lane, Box 186 Municipal Services Bldg.

Moylan, Pennsylvania 19065 15th and JFK Blvd.

Philadelphia, PA 19107 Limerick Ecology Action P.O. Box 761 762 Queen Street Spence W. Perry, Esq.

Pottstown,.PA 19464 Associate General Counsel Federal Emergency Charles W. Elliott, Esq. Management Agency Brose and Postwistilo 500 C Street, S.W., Rm. 840 1101 Building Washington, DC 20472 lith & Northampton Streets Easton, PA 18042 Thomas Gerusky, Director Bureau of Radiation Zori G. Ferkin, Esq. Protection Assistant Counsel Department of Environmental Commonwealth of Pennsylvania Resources Governor's Energy Council 5th Floor, Fulton Bank Bldg.

1625 N. Front Street -

Third and Locust Streets Harrisburg, PA 17102 Harrisburg, PA 17120 Jay M. Gutierrez, Esq.  ;

U.S. Nuclear Regulatory Commission P.O. Box 47 Sanatoga, PA 19464

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.A 3-James Wiggins '

Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 47 Sanatoga, PA 19464 Timothy R.S. Campbell Director Department of Emergency Services 14 East Biddle Street West Chester, PA 19380 l f-i n J#A ub_ Robert M. Rader B-1 1-I t

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