ML20093D024

Requests That Del-Aware Unlimited 10CFR2.206 Petition Re Alternative Sources of Supplemental Cooling Water Be Reopened to Modify Decision Denying Petition

ML20093D024
Person / Time
Site:	Limerick
Issue date:	05/23/1984
From:	Sugarman R SUGARMAN & ASSOCIATES
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML20093D022	List: ML20093D024 ML20093D027
References
CON-#484-199 2.206, NUDOCS 8407160077
Download: ML20093D024 (2)

Text

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SUGARM AN, DENWORTH & H ELLEGERS ATTO R N E YS AT L AW ROBERTJ SUGARMAN ISTH FLOOR. CENTER PL AZA SulTE 835 JOANN E R. DENWORTH 101 NORTH BROAD STREET 8200 PENNSYLVANIA AVENUE. N.W.

WASHINGTON, D. C. 20004 JOHN F. H ELLEG ERS PHILADELPHIA. PENNSYLVANIA #9807 uozi 737 44eo COBIN T. LOCKE (215)751-9733

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• May 23, 1984 COUNSE

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Mr. Harold Denton Director Nuclear Regulation Nuclear Regulatory Commission Re: Del-AWARE 2.206 Petition

Dear Mr. Denton:

Enclosed please find a copy of my letter of today to Ann Hodgdon of the NRC staff.

The comments in this letter are equally pertinent to your action of Del-AWARE 2.206 Petition, and I respectfully request that you imemdiately modify and reopen your decision in that petition and advise PECo of the need to supplement its application to provide alternative sources of supplemental cooling water, and establish procedures to deal with such amended application.

This is also request that you promptly inform the Commission, which has your decision on the 2~.206 Petition under advisement, regarding your action, and the necessity for reopening the 2.206 Petition under advisement, regarding your action, and the necessity for reopening the 2.206 Petition, as well as supplementing the staff briefing.

Since the staff has been so repeatedly apprised of the conditions, it is' incredible that the staff could completely misstate the r.ituation to the Commission. I request copies of all staff papers relating to this briefing to this Commission, insofar as they concern Limerick and/or the supplemental cooling water for Limerick.

In its denial of the Petition under $2.206 on April 25, as well as in its staff letter of April 25, and

'the Board decision of April 23, the NRC staff contends that if and when an application is made by PEco. which reflects use of a different sources 'of supplemental cooling water, such amended application would be reviewed in the same manner as the original application, proposing use of Point Pleasant.

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fir. Harold Drnton 2 May 23, 1984 Obviously such review will take some amount of time. Action by the staff to commence such review even if it is arguably a contingency at this point, is not only a matter within the control of the commission, but also directly relevent to the Commission's expressed concern for avoidance of delays. Indeed, differing consideration of alternatives, even though they might exist in the real world, is precisely the purest case of licensing delay j unrelated to progress of contruction. It is as directly violative of the Commission's expressed policy as any possible action could be.

That this is not merely a theoretical or speculative problem is highlight by the staff's report to ti'e Commission that the applicant seeks low power operation in 1984, while Point Pleasant could not be available, even if reccmmenced promptly, prior to spring 1985.

In these circumstances, the staff's refusal to undertake evaluation of alternatives at this time, in order to present delays in the operation of Limerick, is arbitrary and capricious in the classic sense, as well as a bias application of Commission's policies.

If not in fact designed to defer action until the point where PECo can make the claim in local court that the NRC cannot process alternatives fast enought to avoid delay, it certainly is determined upon with full knowledge of that potential effect.

In view of the seriousness of this matter, it urgency, and the staffs inconsistent statements, I am taking the liberty of bringing this letter to the attention of the Commissioners and Chairman Bevill.

SinceKely, wv' Robert J. S g rman

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