ML20093N251
| ML20093N251 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 07/26/1984 |
| From: | Sugarman R DEL-AWARE UNLIMITED, INC., SUGARMAN & ASSOCIATES |
| To: | Palladino N NRC COMMISSION (OCM) |
| References | |
| OL, NUDOCS 8408010248 | |
| Download: ML20093N251 (2) | |
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SUGARM AN, DENWCRTH & H ELLE(GERS ATTORN EYS AT L AW
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ROBERT J. SUGA RMAN 16TN FLOOR. CCNTER PL AZA SWITE S3S 1201 PENNSYLVANIA AVENUC, N.W.
JOANNE R. DENWORTH 101 NORTH BRCAD STREE qj;-,,,, 7 4 WA3HINGTON, D. C. 20004 JOHN F. HELLEG ERS PHILADELPHIA. PENNSYLVANIA 19107 P1:; e om,,,...
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- # ROBERT RAYMOND ELLIOTT. P C.*
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July 26,1984 Honorable Nunzio Palladino Chairman Nuclear Regulatory Commission Washington, DC 20555 Re: Application of Philadelphia Electric Co.
No. 50-352, 50-353 n L._
Dear Mr. Palladino:
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Enclosed is correspondence directed to the Licensing Board and the Appeal Board, in an effort to get some recognition by the NRC of its duties with respect to the Limerick Generating Station, and supplemental water.
This will supplement our letter
-of May 2 3,19 8 4.
As stated in that letter, the staff has had a secret contact with PECo regarding this matter, which, contrary to practice and regulations, was not documented.
In fact, the staff explicitly promised to contact PECo before "a formal contact".
Action must be taken at some level to create a responsibJe approach to this problem, and we earnestly request that you do so.
In this connection, please be advised that on June 18, 1984, the Pennsylvania Environmental Hearing Board determined that the water diversion is subject to the Clean Water Act in regard to the discharge of diverted water into a creek on its way to Limerick.
In our understanding, this will require that PECo design and build a sewage treatment plant in order to comply with water quality standards, which our engineers project will take at least two'and possibly five years.
This must be done before the diversion can be operated.
OSD a-
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Hon. Nunzio Palladino 2
July 1984
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In these circumstances, we earnestly call upon the
' Commission'to direct that PECo pursue alternative sources of
-water,..un ess it wishes the.NRC to adjust the schedules for l
Limerick accordingly.
Sincerely, i
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Robert J. S'garm n ril.rjs/sp enclosures
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' SUGARMAN, DENWORTH & HELLEGERS ATTO R N E YS AT L AW T.OSERT J.' SUG AR M AN teTH FLOOR. CENTER PL AZ A gu,yg g ag JOANNE R. DENWORTH 101 NORTH OROAD STREET 1200 PENNSYLVAfdlA AVENUE, N.W.
JOHN F. HELLEGCRS PHILADELPHIA. PENNSYLVANIA 19107 eo,,,
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(215) 7 5 t-9733 ROBERT RAYMOND ELLIOTT. P. C.*
COUNSEL
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onestico ess ea.
July 13, 1984 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC
.20555
. Attn:
Judge Lawrence Brenner Judge Richard F. Cole Judge Peter A. Morris Re:
Application of Philadelphia Electric Company No. 50-352, 50-353
Dear Sirs:
This will follow up on my letter May 2 3,19 84, and my letter of July 5,1984.
The staff continues to take the position that it need not be aware of anything unless PECo brings it tc its attention.
Enclosed is a letter to that effect from Mr. Denton to me, dated June 2 9,19 8 4.
However, new events have transpired which require that
-this position be taken as a basically. biased pro-applicant posi-tion by the staff.
I. enclose herewith PECo's notes of a conversation of. April 17, 1984, initiated by the NRC staff, regarding Point Pleasant and water issues.
These notes indicate clearly that : Messrs. Schwencer and. Lehr, at the request of
" management" inquired in detail of PECo concerning its ability to provide off-site water, and intimated that the Commission might not grant ' license to PECo if it does not have off-site water, and cannot run the plant in the absence thereof. (Page 3, No.12.)
These notes - indicate that the staff has, in fact, treated the issue 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 underlines the conclusion that the staff is misleading the public, and to the extent that the Board only has'available the'information that the public has, is misleading the Board.
cM[.62OJ-@ T '
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.- j 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 memoranduin, dated December 12, 1972, clearly establishes that t w applicant was well aware in 1972 that the diversion of water into the East Branch Perk 1cmen Creek would necessarily adversely effect that Creek.
This memorandum estab-lishes, in the words of its participants, 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 would have to review the biological effects of channelization, and instead accepted erosion, because that would be a matter for DER (in the absence of PECo construction).
Such a trade-off is inappropriate, and failing to disclose it is contrary to the rules.
Accordingly, Del-AWARE tenders this as a further basis for its requests.
We regard this as an extremely serious matter, and
- request, move, or offer new late filed contentions, as appropriate, to raise the issue that the NRC has itself recognized the potential problem with the unavailability of Point Pleasant, and has dealt with PECo concerning such problem, in an improper and secret manner, and contrary to the Board's orders, and the rules in the statute, and request that the Board take this issue up promptly.
Sincerely, Robert J.
Sugarman Counsel for Del-AWARE, Unlimited, Inc.
.ril.rjs/sp g
enclosures cc: 'NRC Commissioners Rep. Peter Kostmayer Mr. Harold Denton Troy Conner, Esq.
. Ann Hodgdon,.Esq.-
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY LICENSING POARD CZ q _
In the matter of'
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50-N2 g, yg P1:go PHILADELPHIA ELECTRIC COMPANY )
Docket Nos.
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(Limerick Generating Station, )
Units 1 and 2)
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' eild f CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing I JTER by mailing a copy of the same to the following persons this 26thday of Julg,1984.
l Judge Lawrence Brenner Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Panel U.S. Nuclear' Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C. 20555 Judge Richard F. Cole Docketing and Service Section
-Atomic Safety and Licensing Board Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C. 20555 Judge' Peter A. Morris Ann Hodgdon, Esquire Atomic Safety and Licensing Board Office of Executive Legal Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission W:shington, D.C.
20555 Washington, D.C. 20555 Atomic Safety and Licensing Board Troy B. Conner, Jr., Esq.
U.S. Nuclear Re,gulatory Commission Mark J. Wetterhahn, Esq.
Washington, D.C.
20555 Conner & Wetterhahn 1747 Pennsylvania Avenue, NW Washington, D.C.
20006
- Philhdalphic Electric-Company 7 smas Gerusky, Director
? Attn.:
Edward G.LBauer, Jr.
Bureau of Radiation Protection EV.P. J&f General: Counsel Dept. of Environmental Resources
?)'2301' Market: Street Philadelphia Fulton Bank Bldg, 5th Floor Third and Locust Streets fr
.Phyllis'Zitzer, Esquire-Harrisburg, PA 17120
. Limerick Ecology Action cP.10., Box 761 Thomas Y. Au, Esquire
.Pottstown, PA' 19464 Commonwealth of PA Dept. of Environmental Resources D;vid.Wersan, Esquire 505 Executive House A sistant Consumer Advocate P. O. Box 2357 Office of Consumer Advocate.
Harrisburg, PA 17120 1425' Strawberry Square Harrisburg,cPA. 17120 Spence W. Perry Esquire
, Director,.Pa.-Emergency Mgt. Agency Associate General Counsel Ocsement, Transp. & Safety Bldg.
Federal Emergency Management
HOrrisburg,'PA 17120 Room 840, 500 C St., N.W.
fMartha W.-Bush, 2 squire DsputyECity Solicitor Robert Anthony
' City-ofLPhiladelphia 103 Vernon Lane, Box 186 Municipal Services Building-Moyland, PA 19065 1~15th,&.JFK Blvd.
l Philadelphia, PA 19107 Marvin Lewis 6504 Bradford Terrace J dcqueline I.
Ruttenberg Philadelphia, PA 19149 L
J LKaystone Alliance P.f0. Box.'.07 Frank Romano Souderton, PA 18964 61 Forest Avenue Ambler,-PA 19002 1 Charles'W. Elliott,. Esquire
,Brose'and Pswistilo Angus R. Love, Esquire 1101) Building Montgomery County Legal Aid J11th and Northhampton Sts..
107 East Main Street
- E0ston, PA. 18042 Norristown, PA 19401 Timothy. Campbell, Directoi Zori G. Ferkin, Esquire
. Department of. Emergency Services Assistant. Counsel
- 14 East Biddle Street.
Governor's Energy Council LWastcChester,HEA 19380 P. O. Box 8010 1625 N. Front Street.
Harrisburg, PA 17102 l
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Robert J.
Sdgarmhn ti Counsel for Intervenors o
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