ML20092B755

Response Opposing Air & Water Pollution Patrol 840611 Motion to Withhold Final Decision on Contention VI-1 Re Qa. Certificate of Svc Encl

ML20092B755
Person / Time
Site:	Limerick
Issue date:	06/18/1984
From:	Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:
Shared Package
ML20092B717	List: ML20092B713 ML20092B726 ML20092B734 ML20092B750 ML20092B755
References
NUDOCS 8406200356
Download: ML20092B755 (5)

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• ?WP UNITED STATES OF AMERICA '84 dljW 20 go *24 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Boardl.'DbE ang;;q} g,~ d:

In the Matter of )

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Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

APPLICANT'S RESPONSE TO AWPP MOTION TO WITHHOLD FINAL DECISION REGARDING CONTENTION VI-1 On June 11, 1984, Air and Water Pollution Patrol

("AWPP") moved the Atomic Safety and Licensing Board

(" Board") to withhold its decision regarding Contention VI-l relating to quality assurance. The basis of the motion was primarily a June 4, 1984 letter from NRC Region I to Applicant which states that:

The NRC will perform an independent verification inspection at Limerick Unit 1, using the NRC Nondestructice Examination (NDE) Van and contractor-technicians under NRC . direction.

Construction activities and materials will. be sampled through nondestructive examinations as a. supplement to our-existing inspection efforts. Similar future nondestructive examinations -by the NRC are planned on-a routine basis at- other licensee construction and operating sites. (emphasis supplied)

'AWPP asserts that "[t]his re-inspection infers a doubt

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on previous inspections . . . ."

However, as -may be seen from the above . quoted paragraph, the independent 1

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t verification is both routine and merely supplementary to the existing NRC inspection efforts. Thus, the performance of this independent verification effort does not support the requested (or any other)' relief.

AWPP also raises the point regarding " scientific statistical sampling" in its motion, but adds nothing to its previous arguments presented at the hearing or oral arguments. Similarly, the general refer,ence by AWPP to the Byron decision, which was already considered by the Board (Tr. 11988-989), does not support the requested relief.

For these reasons, AWPP's motion should be denied.

Respectfully submitted, CONNER & WETTERHAHN, .C.

Mark J. Wetterhahn Counsel for the Applicant June 18, 1984 l

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/ [D UNITED STATES OF AMERICA N2D NUCLEAR REGULATORY COMMISSION ,

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+%;g In the Matter of ) kb

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Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

l CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Answer to I AWPP's June 8, 1984 Motion Relating to Contention VI-1," l

" Applicant's Transmittal of Cross-Examination Plans," l I

, " Applicant's Cross-Examination Plan for NRC Staff Witnesses Relating to Contention City-15,"* " Applicant's Response to AWPP Motion to Withhold Final Decision Regarding Contention VI-1," " Applicant's Response to AWPP's Second Motion for Reconsideration of the Denial of a Contention Relating to Asbestos" and " Motion to Strike FOE's Rebuttal to Applicant's Reply Findings on Contentions V-3a and V-3b" all dated June 18, 1984 in the captioned matter have been served 4

upon the following by deposit in the United States mail this 18th day of June, 1984:

• • Lawrence Brenner, Esq. (2) Atomic Safety and Licensing i Atomic Safety and Licensing Appeal Panel Board U.S. Nuclear Regulatory

, U.S. Nuclear Regulatory Commission j Commission Washington, D.C. 20555 i Washington, D.C.- 20555 i Docketing and Service Section

• • Dr. Richard F. Cole Office of the Secretary Atomic Safety and U.S. Nuclear Regulatory i Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 I

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

• Served only on the Board

• • Hand Delivery

d Atomic Safety and Licensing Angus Love, Esq.

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

Washington, D.C. _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 61 Forest Avenue and Safety Building Ambler, Pennsylvania 19002 Harrisburg, PA 17120 Mr. Robert L. Anthony Martha W. 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 Ceneral Counsel Federal Emergency Charles W. Elliott, Esq. Management Agency Brose and Postwistilo 500.C Street, S.W., Rm. 840 1101 Building Washington, DC 20472 llth & 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 631 Park Avenue King of Prussia, PA 19406

.l' . ..

I James Wiggins Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 47 Sanatoga, PA .194.64 Timothy R.S. Campbell Director Department of Emergency Services 14 East Biddle Street West Chester, PA 19380 Mark'J. Wetterhahn