ML20087L157

Stipulation Re Storage of Unirradiated Fuel

ML20087L157
Person / Time
Site:	Limerick
Issue date:	03/26/1984
From:	Elliott C, Wetterhahn M LIMERICK ECOLOGY ACTION, INC., PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:
References
CON-DSB-122 NUDOCS 8403270060
Download: ML20087L157 (2)

Text

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UNITED STATES OF AMERICA Iff NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board '84 gg g ,

In the Matter of )

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Philadelphia Electric Company ) Docket Nos. 50-352 'hyIh -

) 50-353 (Limerick Generating Station, )

Units 1 and 2)

STIPULATION BETWEEN PHILADELPHIA ELECTRIC COMPANY SERVED MAR 2 G1984 AND LIMERICK CCOLOGY ACTION RELATING TO STORAGE OF UNIRRADIATED FUEL Philadelphia Electric Company is an applicant before the Nuclear Regulatory Commission ("NRC') for an operating license for Limerick Generating Station, Units 1 and 2 (" Station") and for an amendment to Special Nuclear Material License SNM-1926 to permit the storage of unirradiated nuclear fuel at the Station. Limerick Ecology Action (" LEA *), is an intervenor in the operating license proceeding. Philadelphia Electric Company (' Applicant") and LEA hereby stipulate and agres to the following:

1. Applicant shall make available to counsel for LEA and its expert the Physical Security Plan for Protection of Special Nuclear Material of Low Strategic Significance under the terms and conditions of a " Protective Order on Special Nuclear Material Security Plan Information and Associated Affidavit of Non-Disclosure" (" Protective Order") to be issued by the presiding Atomic Safety and Licensing Board (" Board *) and whose form is acceptable to Applicant and LEA.

2. LEA, upon completion of its review and after discussions with Applicant and NRC Staff, if necessary, may seek litigation of matters relating mbDs to the physical security of the unirradiated fuel by filing contentions with the Board with copies to the A plicant, and NRC Staff pursuant to the terms of the Protective Order seek a stay of issuance of the license or its g B403270060 840326 gDRADDCK 05000352 PDR

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i effectiveness before the Board. Applicant reserves the right to oppose admission of these contentions, to seek to have them dismissed or denied prior to an adjudicatory hearing and to oppose any stay requested by intervenor.

3. The filing of contentions with the Board or the Board's consideration of any admitted centention related to this matter shall not, without the express written agreement of Applicant and LEA, operate to delay issuance of the requested amendment to SNM-1926 or shipment or receipt of the unirradiated fuel covered thereunder unless the Board, after consideration of the positions of LEA, Applicant and NRC Staff, determines that the issuance of a stay is required under the NRC's rules and governing precedents.

4. LEA shall not seek to appeal the Board's ruling, related to the storage of unirradiated fuel or to seek other relief from the Atomic Safety and Licensing Appeal Board, the Nuclear Regulatory Commission or any court until after the Board's decision either on the merits or otherwise disposing of all matters related to the storage of unirradiated fuel.

5. In any event, no appeal shall be taken by LEA or Applicant as to the Board's jurisdiction to consider matters related to the storage of unirradiated fuel at Limerick.

Philadelphia Electric Company By its Attorney Mark J. Wetterhahn L/

! Limerick Ecology Action By its Attorney Charles W. Elliott l'

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