ML20093N218
| ML20093N218 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 07/13/1984 |
| From: | Sugarman R DEL-AWARE UNLIMITED, INC., SUGARMAN & ASSOCIATES |
| To: | Brenner L, Cole R, Morris P Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20093N205 | List: |
| References | |
| OL, NUDOCS 8408010228 | |
| Download: ML20093N218 (2) | |
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3 SUGARM AN, DENWORTH & HELLEGERS AT TO R N C V S AT,, AW ROSCRT J. SUGARMAN ista rooom.ct=vt.o6aan
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JOHN F. H CLLCOCRS pHIL ADCLPHIA. PCNNSYLVANI ROSIN T. LOCMC (315)79s.3733 RostRT RAvneOND (wott, p. C
- O;Iie July 13, 1984 U.S. Nuclear Regulatory Comminnion Atomic Safety and Licensing Board Washington, DC 20555 Attn Judge Lawrence Brenner Judge Richard F. Cole Judge Peter A. Morris Ret Application of Philadelphia Electric Company No. 50-352, 50-353 Dear Sirst This will follow up on my letter May 23, 1904, and my letter of July 5,1984.
The staf f continues to take the position that it need not be aware of anything unlenn PEco brings it to its attention.
Encioned in a letter to that ef fect from Mr. Denton to me, dated June 2 9,19 8 4.
However, now evento have transpired which require that this position be taken an a basically biased pro-applicant poni-tion by the staff.
I enclone herewith PECo's noten of a conversation of April 17, 1984, initiated by the NRC staff, regarding Point Pleasant and water innues.
These noten indicate clearly that Menors. Schwencer and Lehr, at the requent of
" management" inquired in detail of PICo concerning its ability to provide off-site water, and intimated that the Comminnion might not grant license to PECo if it does not have of f-site water, and cannot run the plant in thu absence thereof. (Page 3, No.12.)
These notes indicate that the staff han, in fact, treated the innue in a manner exactly opposite to that which it has purported to take in its public positions.
In fact, the notes of the meeting indicate that the contact was " informal" and that the staff would contact PEco before making the formal inquiry.
This further underlinen the conclusion that the staff is misleading the public, and to the extent that the Board only has available the information that the public han, in minloading the Board.
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July 13, 1984 We believe this to be directly contrary to the Board's instructions to the staff to circulate notice of meetings, and to keep the public informed.
In State Court proceedings, we have also recently dis-covered a memorandum, which we may not have brought to your attention.
This memorandum, dated December 12, 1972, c1carly cotablishes that the applicant was well aware in 1972 that the divorcion of water into the East Branch Perkiomen Crook would necessarily adversely effect that Creek.
This memorandum catab-linhos, in the words of its participanto, on page 4-5, that "the group generally agreed that the ecological requirements of the stream channel out weigh the the hydraulic, or flood factors, particularly with regard to obtaining approval of an application to construct the Limerick plant."
This, in context, clearly shows that PECo abandoned the idea of channelization because the Atomic Energy Commission ' ould have to review the biological offects of channelizatiei, and instead accepted crosion, because that would be a matter for DER (in the absence of PEco construction).
Such a trado-off is inappropriate, and failing to discloco it ic contrary to the rules.
Accordingly, Del-AWARE tenders this an a further basis for its requests.
Wo regard thin an an extromely serious mattor, and
- request, move, or offor new late filed contentions, as appropriate, to raine the issue that the 11H C han itec1f recognized the potential problem with the unavailability of Point Picanant, and has dealt with PEco concerning cuch problem, in an improper and accret manner, and contrary to the Board's ordorn, and the rulon in the statuto, and requent that the Board take this inoue up promptly.
Sinceroly, r%
Hobert J.1 Sugarman Counnel for Dol-AWARE, Unlimited, Inc.
ril.rja/op oncionuron cci t1RC Comminnionorn Rop. Potor 1(ontmayor Mr. liarold Donton Troy Connor, Eng.
Ann flodgdon, Eng.
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