ML20092P770

Motion Opposing Util 840509 Motion for Expedited Partial Decision & Low Power License.Util & NRC Should Certify That All Nonconformance Items & Open Insp Items Corrected & Complete Before Nuclear Fuel Moved Onsite

ML20092P770
Person / Time
Site:	Limerick
Issue date:	06/19/1984
From:	Anthony R ANTHONY, R.L., FRIENDS OF THE EARTH
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8407090356
Download: ML20092P770 (2)

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U.S. NUCLEAR REGULATCaY CCMMISSION ATOMIC SAFETY AND LICENSING B0150 Hos Phila,Elec. Co. Limerick Cen.Sta. Units #1& 2 Docket // 50- 352,353 June 19,1984 ANTHONY /FOR MOTION IN ADDITION TO MOTION OP 5/18/94 vs. PSCO MOTION OP 5/9/84 f or EXPEDITED PARTI 1L DECISION AND LOW PCWER LICENSE.

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PECo's Improper Moves.

PECe moved uranium fuel to the Limerick site without uniting for the outcome of an appeal by Anthony /F0E, 4/5/84 to tha Commisstem on the application for ( Part 70 license.

Consequestly,we as s ert' that sth's licens e is not proven to be valid and the fuel may very well have been transported to the oito and stored there illegally.

On top of this,PECe offered revisions to this license (still under appe l) a in a letter J.Gallagher/J.Kemper, 6/7/84 to R.G.Page,FRC,which does not have any decket reference nor any a knowledgument of the Board's jurisdiction.

This letter c

eske for the issuing of the " remaining porties of the license authorizing the.ncve-meet of the fuel to the refueling floor for inspection sud storage in the fuel'p**1" by July 2,1984 This appears to be a blatant short-cut around the Beard's review cod interveners' rights,as well a a violgtion of the regulations which cover Part s

s 70 applications.

PECe's third improper move seeks an Expedited Decision auf a Low Power license to load this uranium fuel (still under appeal) in the # 1 reacter and

" operate the f acility at power levels set to exceed five percent of power".

It is apparent,therefore that PECe has moved uranium fuel and stored it at tho site without reference to the Appeal to the Commission and is proceeding without apparent regard to the Commissica er the B*a d to arrange to move the r

.fuol inside,uspack it,stors it,and load it inte # 1 reacter and initiate the cuclear reaction.

Lew Power License.

Our motion was filed osition to a low power license for PECo.

Weysert that PEco cannet legally have uranium fuel at Limerick at this time nor it move,open, test, store or lead this fuel.

g In addition PECe S motion of 5/9/84 for the issuance of a low power license is a ka s

not in accordance with the provisions of 10 CIA 50.'i7(c) since it"an operating; -

license authorizing Applicant to load fuel in the Limerick Generating Station, Uoit 1 reacter and to operate the facility at power levels not to exceed five per-cont of power." Section 50 57(o) does not provide for fuel lo ding and low power i

a operation.

It authorizes " low power testing....and further operations short of full power operation".

PEco 's mo tion, therefore, is invalid since it omits alto-gother " low power testing ( operation at not mere than 1 percent of full power for the purpose of tes ting the f acility)",

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In recognition of the improper actions by PECe related to movensst, storing,

acd proposed loadidg of nuclear fuel'in Limerick # 1 remotor, Anthony /FCK moves that the Beard reject PEco's motion of 5/9/84 for an expedited decision and low

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pcver license and declare it void.

There is me provision for an expedited de-cision under 10 CFR 50 50 57 (a) mor is there any authorization of low power op-eration without low power testing.

In the light of unresolved safety issues that bear on the moving, storing, asd loading of fuel at the plant and the involvement of these in any operation of thd nuclear reactor, we move that the Beard in the interest of safe operatism

and the health and safety of the public require PECe and the NRC Staff to certify to the Board that all men-confor=ance items and open inspection items that are in

' cay way connected with nuclear fuel and the nuclear reaction process,are correrted and completed before any nuclear fuel is moved into the plant.

We further move that all persornal connected with fuel handling and operatism

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bo installed at the plant and trained and qualified as certified by the Staff and NRC,and that all processes and manual: and instructions be certified in ordar,te the Board,and that all equfpment and f acilities connected with fuel and operation be aise certified as free of non-confermance and open inspection reservations, before any nuclear fuel is moved into the plant.

Hespectfully submitted, Cc: Judges Brenner, Cole,Merris

[f NRC Staff Counsel FECe Counsel Ber 186 Moylan,Pa 190 5 Commonw.of Pa.

City of Phila.

Others em Serv. List.

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