ML20097F349
| ML20097F349 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 09/11/1984 |
| From: | Mulligan M LIMERICK ECOLOGY ACTION, INC. |
| To: | Brenner L, Cole R, Morris P Atomic Safety and Licensing Board Panel |
| References | |
| OL, NUDOCS 8409180493 | |
| Download: ML20097F349 (3) | |
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limerick ecolody action Da/
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BOX 761 (215) 326 9122 3.f POTTSTOWN, PA.19464
'84 SEP la PS:44 Lawrence Brenner, Chairman
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- 1, Atomic Safety and Licensing Board 2Raus U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Richard F. Cole Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Peter A. I,lorris Administrative Judge U.S. Huclear Regulatory Commission Washington, D.C. 20555 September 11, 1984 In the I.!atter of Philadelphia Electric Company, Docket No. 50-352, 353 O L-Re
- LEA's Response to the Board's Sept. 6, 1984 Order regarding FEI.IA's release of the draft regional report on the July 25, 1984 Limerick Emergency Planning Exercise ANSWER OF LII,IERICE ECOLOGY ACTION TO THE iiRC STAFF'S I.IOTION FOR RECONSIDERATION (8/23/84) AFD FE?,IA'S LETTER OF SEPT. 5, 1984 Gentlemen, Limerick Ecology Action hereby responds to the arguments advanced in this proceeding by the I!RC Staff and FEI,IA's General Counsel. LEA has been designated by the Board as lead intervenor on emergency planning issues. Several contentions dealing with the adequacy of "off-site" emergency planning that have been advanced by LEA have been admitted for litigation, starting the week of ITov. 5,1984. According to the schedule established by the Eoard's Order of August 15, 2984, testimony on admitted contentions is due by October 16, 1984. Other deferred contentions must be respecified by Sept. 25, 1984-R88'i!88%olo8Bia 3 S03 G
0 1
It is in the interests of all parties to this proceeding to avoid unnecessary litigation. Although LEA understands the informal draft nature of the regional report, LEA does not believe that the Sept. 5 FEMA letter constitutes a proper claim of priviledge.
The reasons set forth by FEMA's General Counsel (9/5/84) to withhold the draft regional report are wholly unsupported.
The letter relies upon the following:
(1) a lack of " official status" of the draft regional report, and (2) some generalized (and unsubstantiated) concerns about the " integrity
of the review process should the report be released to the liti-gation parties.
With respect to (1), while arguably for purposes of the rebuttable presumption of 10 CFR 50.47 (a)(2), only the " fully cleared" report may constitute the FEMA " finding", the draft report nonetheless, contains information relevant to this proceeding, and LEA's admitted contentions, and may set forth information of the type ordinarily discoverable by parties to agency litigation.
The September 5 FEMA letter does not' assert any recognized judicial priviledge. We also note that no such priviledge has been properly invoked. See Long Island Lighting Company (Shoreham) 18 NRC 1221 (1983)
Mith respect to (2), a specific factual basis for the General Counsel's integrity" concerns are noteably (and utterly) absent from the Sept. 5,1984 letter.
FEMA's argument rests upon a syllogism which merits immediate repudiation: that the candor of public decision making is " adversely" affected by the light of public access, that this is acceptable, and that public access should be denied.
The state of public affairs ought to be quite the contrary:
a policy of full public access and review should encofbage candor and the true integrity of;the process, because erroneous assumptions, ill conceived decision-making or attempted " white washing" will see the light of day.
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CERTIFICATE OF SERVICE
'84 SEP 14 F5:45 n- - +.,3 1 :.
I, Maureen Mulligan, hereby certify that Limerick EcologIyTNetion's Answer to the NRC Staff's Motion for Reconsideration and FEMA's letter of Sept. 5, '1984 was served upon the following parties this lith, day of September 1984 by deposit in U.S. mail, first class prepaid, expect for those marked (*),.which were sent Express Mail.
(*)
Lawrence Brenner, Chairman (2)
' Ann P. Hodgdon, Esq.
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Administrative Judge Office of the Executive Legal Director U.S. Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Benjamin Vogler, Esq.
(*)
Dr. Richard F.
Cole Office of the Executive Legal Director Administrative Judge U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Troy H.
Conner, Jr., Esq.
Conner and Wetterhahn
(*)
Dr. Peter A. Morris 1747 Pennsylvania Ave., NW Administrative Judge Washington, DC 20006 4
U.S. Nuclear Regulatory Commission Philadelphia Electric Company l
Washington, DC 20555 Attn:
Edward G.
Bauer, Jr.
VP and General Counsel Docketing and~ Service Section 2301 Market St.
Office of the Secretary Phila., PA 19101 U.S. Nuclear Regulatory Commission Thomas Gerusky, Director Washington, DC 20555 Bureau of Radiation Protection, DER 5th fl, Fulton Bank Bldg.
Atomic Safety and Third and Locust Sts.
Licensing Board Panel Harrisburg, PA 17120 U.S. Nuclear Regulatory Commission Spence W.
Perry, Esq.
Washington, DC 20555 Associate General Counsel FEMA Atomic Safety and Room 84 0 Licensing Appeal Panel 500 C St.,
SW U.S. Nuclear Regulatory Washington, DC 20472 Commission Washington, DC 20555 Zori Ferkin, Esq.
Governor's Energy Council P.O. Box 8010 1625 Front St.
Harrisburg, PA 17105
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