ML20093E029

Motion for Extension of Time Until 841102 in Which to File Testimony on Offsite Emergency Planning Contentions. Certificate of Svc Encl

ML20093E029
Person / Time
Site:	Limerick
Issue date:	10/05/1984
From:	Ferkin Z PENNSYLVANIA, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#484-414 OL, NUDOCS 8410110512
Download: ML20093E029 (8)

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00CKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

,84 GH 11 A11 :03 BEFORE THE ATOMIC SAFETY AND LICENSING b RDdsfl cy .

Dw:Cu In the Matter of )

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PHILADELPHIA' ELECTRIC COMPANY ) Docket Nos. 50-352 C2 L-

) 50-353 o L_

(Limerick Generating Station, )

Units 1 and 2) )

AOTION FOR EXfENSION OF TIME IN WHICH TO FILE TESTIMONY ON OFFSITE EMERGENCY PLANNING CONTENTIONS In its Order dated August 15, 1984, the Licensing Board in the above-captioned proceeding established a schedule for hearings on Limerick Ecology Action (LEA) and City of Philadelphia admitted offsite emergency planning-contentions. That schedule set October 16, 1984 as the due date for receipt of parties' written direct testimony, along with exhibits and references not already in posession of the parties. The Board stated that the evidentiary hearing on these contentions would be scheduled to commence as soon as practicable after November 2, 1984, "once it is clear that the schedule is proceeding as now anticipated."

The Commonwealth of Pennsylvania is an interested governmental participant in this proceeding pursuant to 10 C.F.R. Section 2.715(c). In accordance with its rol,e in 8410110512 8410o3 o DR ADOCK 0D000 g

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e offsite emergency planning for nuclear facilities in the state, the Commonwealth intends to submit direct testimony in this proceeding in response to one or more admitted contentions. As explained below, however, it is now clear that the Commonwealth will not be able to meet the October 16 submission date for its direct testimony. The Commonwealth therefore asks that the Board grant the Commonwealth an extension of time until November 2, 1984 a (mailing date) in which to submit its written testimony..

The Commonwealth has consulted with other parties to this proceeding on this matter and their positions are addressed below.

Basis 3 The Board should grant the Commonwealth's motion for the following reasons:

(1) The Commonwealth is an integral actor in offsite emergency planning for the Limerick facility. 10 C.F.R.

Section 50.47(b) requires, inter alia, that the adequacy and implementability of the state radiological emergency response plan be considered in-the Federal Emergency Management Agency (FEMA) and ultimately NRC review of offsite emergency planning capability. Moreover, Pennsylvania law requires that energency plans prepared by local governments be consonant with the state's emergency plan. See 35 Pa. C.S. Sections 7501-03. Inasmuch as the

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l admitted contentions. involve matters of state emergency planning, the Commonwealth's testimony is vital to development of the' record in this proceeding.

(2) The Commonwealth resources needed to respond to these contentions are not centralized in one, or even two agencies. Rather, responses to the issues raised in these contentions require input from several state agencies, divisions within agencies and political subdivisions that have the appropriate knowledge and expertise. Moreover, emergency planning issues by their very nature involve matters of state policy. Consequently any testimony the Commonwealth would submit in this proceeding must undergo various levels of government review before it can be submitted on behalf of the state. In light of these factors, significant time is required to coordinate and obtain approval of state testimony through the proper government channels. .

i (3) The scope of the admitted contentions has only recently been made certain. LEA filed its reworded admitted contentions on September 6, 1984. The Board issued its Memorandum and Order ruling on these contentions, on September 24. That order delineates exactly what i

matters dre in issue under each of LEA's contentions. Prior to the September 24 order, it was not possible for the l

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Commonwealth to identify in more than a general sene the state resources needed to prepare testimony on these contentions which will contribute meaningfully to this record.

(4) This proceeding will not be unduly delayed if the Board grants the requested extension. Filing of teatimony on November 2, 1984 would allow motions to strike, answers, and cross-examination plans to be filed by mid-November.

Hearings could be completed by mid to late December. Given that applicant is currently estimating readiness for full power operation in April 1985, the Board's decision on these issues should be issued in sufficient time to meet

-that schedule. Finally, the Commonwealth will exercise its best efforts in completing its testimony expeditiously and will file it in advance of the requested extension date if at all possible.

(5) The Commonwealth has acted diligently in notifying the Board of its need for additional time. The Commonwealth could not have foreseen, at the time of the Board's August 15 Order or in its discussions with other parties on a proposed schedule for emergency planning hearings prior to that order, that it would require more time to prepare its testimony and to obtain the necessary review, approvals and coordination. Further, the Commonwealth is filing this request as soon as practicable after it became clear that additional time would be needed.

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bi (6) The Commonwealth has consulted with applicant, NRC Staff (representing FEMA) and LEA in preparation of this motion, and attempted to contact counsel for the City. The NRC Staff and LEA have authorized counsel for the Commonwealth to state that these parties support the Commonwealth's request, on the condition that each of those parties receives the same additional time to submit its testimony as that granted the Commonwealth. The Commonwealth agrees with the Staff and LEA that a single filing date for written direct testimony will best serve the interest of efficiency in this proceeding.

In view of the foregoing, the Commonwealth respectfully requests this Board to grant an extension of time-in which to file written testimony on admitted offsite emergency planning contentions until a mailing date of November 2, 1984. The NRC Staff and LEA ask that the time for submission of their testimony be extended as well to the time allowed the Commonwealth.

Respectfully submitted,

, d br' Zori .F kis _

)AssistantCounsel Governor's Energy Council D&ted: October 5, 1984 a

UNITED STATE'S OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter -f )

)

PHILADELPHIA ELECTRIC COMPANY ) Docket Nos. 50-352

' ) 50-353

)

(Limerick Generating Station,- )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Motion for Extension of Time in which to File Testimony on Offsite Emergency Planning Contentions" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk. i

-through deposit in the Commonwealth of Pennsylvania's internal mail system, this 5th day of October 1984:

k?- Helen F. Hoyt (2) Docketing and Service Section i Administrative Judge Office of the Secretary Atomic Safety and Licensing U. S. Nuclear Regulatory Board Commission U. S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 ,

Dr . Richard F. Cole Troy B. Conner , Esq.

Administrative Judge Conner and Wetterhahn, P.C.

Atomic Safety and Licensing 1747 Pennsylvania Avenue, N.W.

Board Washington, D.C. 20006 U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Board Panel U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Jerry Harbour Administrative Judge Benjamin H. Vogler , Esq.

' Atomic Safety and Licensing Counsel for NRC Staff Office of the Executive Legal U. S. Nuclear Regulatory Commission Director

- Washington , D.C. 20555 U. S. Nuclear Regulatory Commission Washington, D.C. 20555

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• Atcmic Safety and Licensing Philadelphia Electric Company Appeal Panel ATTN: Edward G. Bauer, Jr.

U. S. Nuclear Regulatory Vice President &

Commission General Counsel Washington, D.C. 20555 2301 Market Street Philadelphia, Pa. 19101 Frank R. Romano

• David Wersan, Esq.

61 Forest Avenue Assistant Consumer Advocate Ambler, Pa. 19002 Office of Consumer Advocate 1425 Strawberry Square Harrisburg, Pa. 17120 Robert L. Anthony Steven P. Hershey, Esq.

Friends of the Earth of Community Legal Services, Inc.

the Delaware Valley Law Center West P. O. Box 186 5219 Chestnut Street 103 Vernon Lane Philadelphia, Pa. 19139 Moylan, Pa. 19065 Marvin I. Lewis Angus Love, Esq.

6504 Bradford Terrace 101 East Main Street Philadelphia, Pa. 19107 Norristown, Pa. 19104 Joseph H. White, III Phyllis Zitzer Limerick Ecology Action 15 Ardmore Avenue Ardmore, Pa. 19003 P. O. Box 761 Pottstown, Pa. 19464 Charles-W. Elliott, Esq. Sugarman, Denworth & Hellegers Brose and Postwistilo 16th Floor Center Plaza 1101 Building 101 North Broad Street 11th & Northampton Sts. Philadelphia, Pa. '19107 Easton, Pa. 18042

? # Director, Pennsylvania

' Emergency Management Agency B-151, Transportation and Safety Building Harrisburg, Pa. 17120 i

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• Thomas-Gerusky, Director Martha W. Bush, Esq.

Bureau of Radiation Kathryn S. Lewis, Esq.

Protection City of Philadelphia Department of Environmental Municipal Services Bldg.

Resources 15th and JFK Blvd.

5th Floor, Fulton Bank Bldg. Philadelphia, Pa. 19107 Third and Locust Streets Harrisburg, Pa. 17120 Spence W. Perry, Esq.

Associate General Counsel Federal Emergency Management Jay M. Gutierrez, Esq. Agoney U. S. Nuclear Regulatory 500 C Street, S.W., Rm. 840 Commission Washington, D.C. 20472 Region I 631 Park Avenue Gregory Minor King of Prussia, Pa. 19406 MHB Technical Associates

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1723 Hamilton Avenue San Jose, CA 95125 Timothy R. S. Campbell Director Department of Emergency Services 14 East Biddle Street

-West Chester, Pa. 19380 Jd ff W p L

ori G. Ferkin ssistant Counsel Governor's Energy Council Date: October 5, 1984

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