ML20096F350
| ML20096F350 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 09/01/1984 |
| From: | Anthony R ANTHONY, R.L., FRIENDS OF THE EARTH |
| To: | NRC COMMISSION (OCM) |
| References | |
| OL, NUDOCS 8409070410 | |
| Download: ML20096F350 (1) | |
Text
- - -
U.S. NUCLEAR REGULATORY COsJdISSION Docket
- 50-352,353 O L RE: PHILA. ELEO CO. Limerick Gen Sta. Units 1 & 2 September 1, 1984 MOTION TO SET ASIDS " PARTIAL INITIAL DECISION" ON ANTHONY /FCE CONTENTI0SS V-3a and V-3b, AND MOTION TO REOPEN RECORD. AND 3CEEJULE D::3COVERY BASED ON 3dD.NT.84-142
)
[
We are in receipt of a memorandum from R.7. Starostecki to D.G. Eisenhut 7/31/84 on a " proposed Bogrd notification " and an accompanyNg gyd dated Notification NO.84-142 from T.M. Novak.
This notification mentioca an inter-G%CF c. e.
view conduc ted by Region I represen tatives with an " alleger regs:CffMgT:hif n-5p1 n;u cerns relative to the respense of the reactor encl.osure vent. stacks to b1 loads following a railzond accident."
The 7/31 memorendum cites a letter da :ed 7/19/94 and adds "further infor-tation" It appears,therefore, that Region I officials knew of the issue of calculations keing questioned on the south stack of the reactor enclosure on 7/18/84, and presumably before that.
If the Board's orders were being follow-cd, the Board and the parties would have received a copy of the 7/19 letter. This ceans that the Bo rd knew of this matter soon af ter 7/19,perhaps before,and at a
the latest, from notification # 84-142 on8/20/84 Mr.Staroste:ki recognized that the allegation
" appears to have a nexus to the contention on pipeline hazards ".
We would expect the Board to agree.
Under these circunstances we assert that the Board was not free to make a decision on contentions V-3a and 3 b after knowing of the question on the south stack.
The Bo rd's decision is dated 8/29/84, obviously after the Board was informed a
about this question.
We move,therefore that the Board set aside immediately its decision on V-3a and 3b.
We also move that the reccrd be reopened and that we be sfforded our right to know all the information on chese calculations and this construction, from all NRC and Bechtel and PECo records through discovery.
As the intervenor ce assert our right to have this information and to have the opportunity to make our own determination through the required He ring 3osrd process.
a We assert that we have met the requirements for reopening the information ess not available before, it will change the at :come,and our health and safety and intervenor rights will be denied if the record is not reopened.
ces Judges Brenner, Cole,?lorris Re=nectfully submitted, NRC Counsel, Docketing, ASAB.
gf, M.J.Wetterhehn. others en Serv. List Box 166 Moylan. Pa. 19 8409070410 840901 PDR ADOCK 05000352 Q
PDR c
.