ML20098E687

Requests Extension Until 841001 for Filing Respecified Offsite Emergency Planning Contentions Due to Delay in Issuance of FEMA Rept.Notice of Appearance Encl.Served on 840928.Granted on 840925.Related Correspondence

ML20098E687
Person / Time
Site:	Limerick
Issue date:	09/24/1984
From:	Zitzer P LIMERICK ECOLOGY ACTION, INC.
To:	Cole R Atomic Safety and Licensing Board Panel
References
CON-#484-126, CON-#484-191 OL, NUDOCS 8410010285
Download: ML20098E687 (5)

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" limerick ecology action BOX 761 . POTTSTOWN, PAA 21 9122 mm N

For the Atomic Safety anif

• N SEP 28. A10 50

? l.!Cen3Ing Board _,

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Dr. Richard F. Cole Administrative Judge M ?[.a [pya ~3 Atomiu Safety and Licensing Board U.G. Nuclear Regulatory Commission  ;

Washington, D.C. 20555

.SEFNED SEP g ..  ;;

Sept. 24, 1984 In the Matter of Philadelphia Electric Company Docket No. 50-352, 353 RE: Schedule' for Filing Respecification of LEA's Deferred Off-site Emergency Plannipg Contentions REQUEST OF LIMERICK ECOLOGY ACTION FOR EXTENTION OF TIME FOR FILING RESPECIFIED OFF-SITE EMERGENCY PLANNING CONTENTIONS DUE TO THE DELAY IN ISSUANCE OF THE FEMA REPORT ON 'nIE JULY 25 LIMERICK EMERGENCY EVACUATION DRILL Judge Cole, Limerick Ecology Action has been informed by Mr. Ric Kinnard, of FEMA, Region III (Phila.) that FE5fA is not making its draft RAC report on the Limerick July 25 Limerick Exercise available to parties to this proceeding, as had been previously agreed to, but that FEMA would release the Final Interim Finding Report from Washington, D.C. at the end of the day on Tuesday, Sept. 25th.

Mr. Kinnard stated that FEMA was looking into the possibility of

' making arrangements to send a copy of the report to Limerick Ecology Action by Federal Express, which would hopefully insure delivery to us on Wednesday, Sept. 26th, although Mr. Kinnard was unable to provide further confirmation at this time. (11:00 a.m. 9/24) ,

8410010295 840924 DR ADOCK 05000

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l The Board's Order of August 15, 1984 established the schedule for respecification of Limerick Ecology Action's (LEA) off-site emergency planning contentions. LEA's deferred contentions (LEA-1, LEA-2,~ LEA-3. LEA-4, LEA-5, LEA-6, LEA-23) .were to be respecified in a filing to be received by the parties on Sept. 25, 1984. The same order directed FEMA to make available the FEMA RAC regi,onal report on the July.25 Limerick Exercise by expedited means, expected to be issued on or about Sept.1, 1984.(see page 2). This schedule anticipated receipt of the draft FEMA RAC report prior to the deadline for respecification. The schedule for the deferred contentions is of [

particult.r concern to LEA because they deal.directly with matters relating to the July 25 Limerick Exercise.

On Sept. 19, LEA received a message from the NRC Staff Counsel (Nathene Wright) stating that FEMA had agreed to make the draft RAC report available to LEA and other interested parties on Friday morning, 2

Sept. 21 at'the Phila. FEMA office. That same' day, LEA' contacted Mr. Robert Rader, Counsel for Philadelphia Electric Company, and Ben Vogler, Counsel for the NRC Staff to discuss proposing a request to the Board for an extention of the filing deadline for LEA's deferred contentions in order to allow for a negotiation meeting between the parties following receipt of the draft FEMA RAC report. Mr. Vogler stated that he felt a week's extention would be appropriate due to the fact that the FEMA RAC report was being released 1 week late. Mr.

Rader stated that he felt Philadelphia Electric Company would be willing to agree to a 2 day extention to accomodate a meeting. Based on this discussion, IEA infomed the Secretary to the Licensing Board of the situation. A message was relayed to Judge Cole who returned a call to Limerick Ecology Action, granting a 2 day extention. This established a " receive" date of Sept. 27 for the respecification filing on LEA's deferred contentions. This schedule anticipated that the parties would obtain the FEMA RAC report on Sept. 21 Lnd that a meeting could take place to discuss the report and the proposed i

. respecification of LEA's deferred contentions-before the Sept. 27 receive date.

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aI i

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On Friday Sept. 21, I went to the Phila. FEMA office to obtain  :

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'the draft RAC report. Mr. Hugh Laine told me that he did not have

it,.that he knew nothing of any meetings planned to discuss it, and l I

that he would try to find out what was going on. He stated that

(

Ric Einnard was out of the office for the rest of the week, and ,

{ .would not be available to speak to. I returned calls nearly"every j i hour for the rest of the day to determine if LEA needed to send l

someone in to receive the information later on in the day. Numerous  !

i times, I was told that both Mr. Perry and Mr. Laine were " busy in [

I meetings", "away from their desks", or were "taking another call",  !

] Finally at 3:45 p.m. a secretary informed me that Mr. Kinnard was 1 in the office, but she couldn't put him on the phone to me. She l e

told him I wanted to know when the RAC report would be available.  ;

I .

j She relayed a message to me that he said it would not be "until"' . l i thecaiddle of next week". Mr. Rader and Mr. Vogler were not in their .

t t

offices at that point to discuss the impact that this additional t

~

delay ~would have on the propose'd negotiation meeting and the filing ,

l date.  !

o t i  !

j On Monday morning (Sept. 24) Mr. Rader and Mr. Vogler were .

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j out of their offices, making it difficult to discuss the matter ,

j f 2rther. Mr. Rader was readbed later on and stated that he believed F diadelphia Electric Company would agree to my proposal to request

' an extention for the filing deadline to October 1. He discussed plans j for a meeting after the FEMA report was released, and tentatively j' plan to meet on Thursday Sept. 27. He stated that.he also believed [

! that the Applicant could still meet the October 9 response date, as 4

long as LEA's respecification was received by Oct. 1. r j Mr. Vogler also returned a call this afternoon stating that the ' [

NRC Staff would notoppose LEA's request for an extention, although  ;

he was uncertain whether or not the Staff could meet the October 9 ~

response filing date. He stated. that the Staff might need a few ad-a ditional days for its response, possible extending the date to October  ;

{ 12. (The previous schedule had allowed for a 2 week response time). I i i.

L l LEA has been unable to reach any of the other parties to discuss this matter in greater detail at this time., In order to promptly bring this matter to the Board's attention, this filing must be

mailed out at this time.

Therefore, Limerick Ecology Action, lead intervenor on offsite emergency planning contentions in this proceeding, respect-fully requests the Board to grant an extention for the respecification of deferred offsite emergency planning contentions from Thursday, ,r Sept. 27 until Monday October 1. This will allow the parties to receive the' FEMA Interim Report on the July 25 Limerick Exercise, and to have a meaningful negotiations meeting,'before the filing of respecified deferred contentions.

If there is a need for a conference call to discuss this matter'in more detail, I hereby request that Mr. Charles Elliott, LIA's counsel for other matters (other than offsite emergency planning) in this proceeding be contacted on LEA's behalf. This is due to the fact that I will be. unavailable on Tuesday, Sept. 25 to participate in a conference cr.11. I will be in the LEA office on Wednesday, Sept. 26 if any of the parties need to contact me.

Respectfully submitted, Ls Phyllis Zitzer President of Limerick Ecology Action (designated representative for LEA's off-site er.orgency planning contentions) cc: Service List

• ;;... maxi to: Judge Cole (%)

Mr. Rader Mr. Vogler L__m. -J

' limerick ecology action BOX 761 . POTTSTOWN, PA.19464 . (215) 326 9122 ,

BEFORE THE UNITED STATES OF A!! ERICA NUCLEAR REGULATORY CO)(MISSION ,

In the Matter of )

PlfILADELPHIA ELECTRIC COMPANY ) Docket No. 50-352 (Limerick Gorerating Station) 50-353 (Units 1 and 3)

NOTICE OF APPEARANCE Notico is hereby given that the undersigned representative of Limerick Ecology Action ontors an appearance in the above captioned matter. In accordance with 10 C.F.R. 2.713(b), the following information is provided:

Namo: Phyllis Zitzer Address: Limerick Ecology Action P.O. Box 701 ,

Pottstown, Pa. 19404 Note: for Fodoral Express: 702 Ouoan Stroot Pottstown, Pa. 19404 Phono number: (215) 320-9122 (215) 320-8087 (only if other line is busy)

Namo of Party: Limerick Ecology Action Designated reprocontative for Off-sito Emergency Planning matters (replacing Mauroon Mulligan)

(Noto: lis. Mulligan may continue to assist in those matters, but Phyllis Zitzer has load responsibility for LEA)

PhyllikZitzof President of Limerick Ecology Action ,

Sworn and subscribed C

() hk before me this 24th. ,,3,fgg',8il"Q'lg8[PlgC g g

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