ML20092K788

Response to 840612 Financial Qualification Statement of Policy & Motion for Certification of Financial Qualifications Contentions.W/Certificate of Svc

ML20092K788
Person / Time
Site:	Limerick
Issue date:	06/25/1984
From:	Lewis M CITIZEN ACTION IN THE NORTHEAST, LEWIS, M.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8406290107
Download: ML20092K788 (1)

Text

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UNITED STATES OF AMERICA NUCLEAR REI]UIATORY COMMISSION BEFORE THE ATOMIC SAFETTY AND LICENSING BOARD IN THE MATTER OF DocketNos 50-352 h Philadelphia Electric Co 353

)

(Limerick GS land 2) ) '84 Jg citizen Action in the NothEast Response to "FinanaialQualificationsStatehtigr utg ,

cf Policy" and Motion for Certificaiion of the Financial qualifications contentisikiCh to the Commission On June 5,19%, the Limerick ASLB issued an orden deferring ruling on the admissability ~

of the CANE Financial Contention. Subsequently at the order of the Board , the NRC staff attorney, Nathene A Wright, sent me the Commission's Financial qualifications Statement of Policy published in the Federal Register on Juna 12,19%. The effect of the Commission's Policy Statement .'- is to continue ,

the present ban on trying financial qualification contentions until an'd unless a final rule issues on financial qualifications. I received Ms Wright's letter 6-15-25.  ;

In the case of Limerick 1, this policy is totally unfair and would rob l intcrvenor , CANE, of all chance of a fair and effective hearing before this Boed.

The reason that CANS would be robb ed of its legally entitled day in court in that the very act against which CANE is contending would have ensued long  !

before a final rule could issue.

CANE contends that PEco , the Applicant , does not have the financial resources to  !

-operate Limerick 1 in a safe manner that would protect the health and sMety of the  !

public. Considering the comment date of September in the Proposed Rule , the fact  ;

that this comment date has already been extended once and can be extended again, the fact that PEco has publicly' announced startup , fuel load and low power testing datan well before September @, the Board would be remiss to allow a startup by a utility that is not in the financial condition to operate a reactor safely.

This is exactly what can happen if the Board. awaits the issuance of a Final Rule on Financial qualifications.

In lieu of awaiting the final rule issuance, CANE respectfully petitions that tha question of contending the financial qualification of IEco to operate the Limerick 1 safely be allowed to be heard in the present hearings. Alternately CANE respectfully requests that the question of financial qualification contention be certified to the Commission if the Board does not bel &efre that the Board has the requisite authority to rule upon this contention.

I certify that I sent this Respectfully submitted, out: to IGS Dit. List C

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gDRADOCK 05000352 PHn/C, PA.19149 PDR