ML20099B911

Motion to Strike Certain Portions of Testimony of Vs Boyer, Mi Goldman,Gd Kaiser,Er Schmidt & R Waller Re City of Philadelphia Contentions City-18 & City 19.Certificate of Svc Encl.Related Correspondence

ML20099B911
Person / Time
Site:	Limerick
Issue date:	11/14/1984
From:	Bush M PHILADELPHIA, PA
To:	Cole R, Harbour J, Hoyt H Atomic Safety and Licensing Board Panel
Shared Package
ML20099B889	List: ML20099B886 ML20099B911
References
OL, NUDOCS 8411190339
Download: ML20099B911 (8)

Text

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. - . RELATED CORRt.SPONDENCE, UNITED STATES OF AMERICA ,

NUCLEAR REGULATORY COMMISSION . Oggffk[f&

Us BEFORE THE A'?OMIC SAFETY ' AND LICENSING BOARD

• gg N0y 75\

AD:44 Helen F. Hoyt,-Chairman Ufffcr y a sfef? T, j,

Richard F. Cole, Administrative Law Judge ~ 4,yf "h: r Dr. Jerry Harbour, Administrative Law Judge

, .In the Matter of:-  :

PHILADELPHIA ELECTRIC COMPANY: Docket Nos. 50-352 (Limerick Generating S tation 50-353 Units 1 and 2)  :

CITY-OF PHILADELPHIA'S MOTION __TO STRIKE, J

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The City of Philadelphia hereby moves to strike certain portions of Philadelphia El<2ctric Company's ("PECO" or

" Utility Company")Tes timony of V. S. Boyer, M. I. Goldman, G. D. Kaiser, E. R. Schmidt and R. Waller Relating To The City of Philadelphia contentions City-18 and City-19, and states in support thereof as follows:

1. The precise portions of the Testimony'of V. S.

Boyer, M. I. Goldman, G. D. Kaiser, E. R. S chmidt and R.

Waller Relating To The City of Philadelphia Contentions City and City-19 (hereinafter referred. to as Tes timony of V. S. Boyer, et al.) are as follows:

8411190339 841114

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.a. Paragraph 8, p'. 7, lines 1-6.

b. Paragraph 12, p. 11, lines 18-26.

c. Paragraph 12, p. 12, lines 1-12. -

d. Paragraph 13, p. 12.

e. Paragraph 15, pp 13-15.

f. Paragraph 16, p. 15.

g. Paragraph 17, p. 16, lines 5 to end of paragraph..

h. Paragraph"25, p. 25, lines 10-16.

i. Paragraph-37, p. 37, lines 4-10.

2. In Testimony of V. S. Boyer, et al., paragraph 8, p. 7, lines 1-6, Mssrs'. Kaiser'and Schmidt states as follows:

In its previous written testimony (Ref ' 3) and in oral testimony, the Applicant, the

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Philadelphia Electric Company (PECO),

demonstrated that the public risks arising from the consumption of drinking water. . .

are very small.

, The City of Philadelphia moves to strike this characterization of the previous ~ testimony and hearings because such a: conclusion is irrelevant and immaterial to emergency planning.

Emergency planning in the 50 miles ingestion pathway zone and in the 10 mile plume exposure pathway is not a function of, or relevant to, the plant owner's view of the level of risk to the public. Emergency planning is required for these i

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t areas. In' fact, implicit in the absolute requirement for emergency planning in the two zones is the contrary view by the regulators: the risk is of a sufficient degree to require

. emergency planning.

3. In the Testimony of V. S. Boyer, et al.,'at s

paragraph 12, p. 11 (lines 18-26) and p. 12 (lines 1-12),

PECO further expounds on its view of the level of " risk" (probabilities times. consequences) associated.with an accident. In paragraph 13, p. 12, the plant owner describes its view of the expected latent cancer fatalities.

Again, whether the calculated level of risk associated with the plant's siting is sufficient to warrant implemen-table emergency plans is not relevant. The requirement for emergency planning has been established by the Nuclear Regulatory Commission. No matter how'many or few latent cancer fatalities PECO might calculate, the NRC rules requiring emergency planning for the ten mile and 50 mile zones still stand.-

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4. In paragraph 15 of Testimony of V. S. Boye r , e t al . ,

at 13-15, the utility company attempts to relitigate the Board's finding of environmental impact. While it,may be useful to have some sense of the calculated probabilities associated with various potential accident consequences in approaching emergency planning, neither litigants nor the

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Board here can be expected to respond to a constantly moving target. The Board has previously made-findings of environmental impact. (Second Partial Initial Decision, Augus t 29 ,. 1984.) Relitigation of the probability and consequence results is untimely and not the subject of the instant proceeding: those issues have already been reviewed.

As to emergency planning related issues in that proceeding, the Board made it explicitly clear that any of

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its findings in the environmental impact area that were in the nature of energency plans, were not intended.to be conclusive:

We do not conclude that specific countermeasures would or could be implemented, nor what quantitative reductions in risk could be achieved.

(Second Partial Initial Decision, F-144 at 262, August 29, 1984.)

5. In paragraph 16, p. 15, Testimony of V. S. Boyer, et al., the utility sets forth pos t environmental

• impact

. hearing probabilities in a conclusory paragraph. Relitigation of the Board's Partial Initial Decision as to expected probabilities is not within the scope of the instant hearings.

6. In paragraph 17, p. 16, aines 5-end of paragraph),

the utility company again attempts to bring forth an environmental impact level that is inconsistent with the 4 -

. Board's decision as to environmental impact. Similar

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references are found at p. 25, paragraph 25 (lines 10-16) and p. 37, paragraph 37 (lines ~4-10).

It is entirely inappropriate for the utility to relitigate environmental impact measurements that were the subject of prior hcarings and decisions. Nor is the question of whether the public health and safety requires

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emergency planning the subject of litigation.

For all of the foregoing reasons, the City of Philadelphia moves to strike those portions of PECO's testimony enumerated in paragraph 1 for the reasons stated ab ove.

Respectfully submitted,.

3 BARBARA W. MATHER, City Solicitor KATHRYN S. LEWIS, Chief Deputy City Solicitor

< x 10 4(Ikb6 b'l IdUsi(G MARTHA W. BUSH, Deputy City Solicitor ATTORNEYS FOR THE CITY OF PHILADELPHIA DATED h Ed (

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION "

,{G pp.

BEFORE THE ATOMIC SAFETY AND LICENSING BO4,BD Helen F.-Hoyt, Chairman

. NOV 15 NO:44 Crric Richard F. Cole , Administrative Law Jtfdge:g 7h_Mqt a,

• Dr. Jerry Harbour, Administrative Law Judge BR/ ?dtRVr 4 In the Matter of:  :

PHILADELPHIA' ELECTRIC COMPANY  : Docket'Nos. 50-352 (Limerick Gene' rating S tation 50-353 Units 1 and 2)  : ..

CERTIFICATE OF SERVICE I hereby certify tha't a true and correct copy of the City of Philadelphia's Motion to Strike in . the abo've- -

captioned proceeding have been served on the following persons named on the attached Service list by federal express mail, or by causing the same to be deposited in envelopes addressed to said persons, first class , postage prepaid, and deposited with the United States Postal Service at Philadelphia, Pennsylvania 19107. .

. Respectfully submitted, l?'atiha U! )$&

MARTHA W. BUSH, Deputy City Solicitor DATED: '

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' SERVICE LIST NRC Philadelphia Electric Company (Limerick Generating Station (Units 1 and 3) ,

Docket No. 50-352 50-353 4

Paul B. Cotter, Jr. Maureen Mulligan, Esquire

Chief Administrative Law Judge Limerick Ecology Action-

. Atomic Safety & Licensing Board Post Office Box 761

[ U.S. Nuclear Regulatory Commission Pottstown, Penna. 19464~

-Washington, D.C. 20555 , .

' Z ori ' G .' Ferkin J( FT) '

' Jerry' Harbour, Dr. .

Assistant Counsel

Administrative Law-Judge. Governor's Energy Council-Atomic Safety & Licensing Board 1625 N. Front-Street i U.S. Nuclear Regulatory Commission P.O. Box - 8010 Washington, D.C. 20555 Harrisburg, Pennsylvania 17125 Helen F. 9oyt, Chairman Mr. Frank R. Romano

)

Administrative Law Judge- 61 Fores t Avenue Atomic 1 Safety & Licensing Board Ambler, Pennsylvania 19002 3

U.S. Nuclear Regulatory Commission

Washington, D.C. 20555 Mr. Gregory Minor MHB Technical Associates

Honorable Richard F. Cole 1723 Hamilton Avenue

! Administrative Law Judge San Jose, California 95125

! Atomic Safety & Licensing Board j U.S. Nuclear Regulatory Commission Eugene J. Bradley

Washington, D.C. 20555 Philadelphia Electric Company l

Associate General Counsel i Docketing & Service Section 2301 Market Street Office of the Secretary Philadelphia, Penna. 19101 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Edward G. Bauer , Jr.

Vice-President & General Counsel -

Benjamin H. Vogler, Esquire (FR) Philadelphia Electric Company 0.E.L.D. 2301 Market S treet U.S. Nuclear Regulatory Commission , Philadelphia, Denna. 19101 l Washington, D.C. 20555 Mr. Vincent Boyer 4

Mark We t te rh ahn , Esquire (FE) Senior Vice President Troy B. Conner, Jr., Esquire Nuclear Operations Conner & Netterhahn Philadelphia Electric Company j 1747 Pennsylvania Avenue, N.W. 2301 Market S treet '

Washington, D.C. 20006 Philadelphia, Pa. 19101 c )

l Robert L. Anthony

10 3 Vernon Lane

! Moyland, Pennsylvania 19065

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Mr. J. T. Robb,.N2-1 Robert L. Sugarman, Esquire Philadelphia Electric' Company Sugarman, Denworth & Hellegers 2301 Market Street 16th Floor, Center Plaza Philadelphia,~Pa. 19101 101 North Broad Street Philadelphia, Penna. 19107 Honorable Lawrence Coughlin

' House of Representatives Charles W..Elliott, Esquire Congress of the United States 1101 Building Washington, D.C. 20515 Easton, Penna. 18042 Frank Hippart, Director Spence W. Perry, Esquire Pennsylvania Emergency Associate General Counsel Management Agency.B-151 Federal Emergency ~ Management Agency

. Transportation & Safety Building. Room 840 Harrisburg, Pennsylvania 17120 500 C. Street, N.W.

Washington, D.C. 20472 Roger B. Reynold,-Jr., Esquire 324 Swede S treet .

U.S.N.R.C. Region I Norristown, Pennsylvania 19 401 631 Park Avenue King of Prussia, Penna. 19406 Phyllis Zitzer Limerick Ecology Action Thomas Gerusky, Director P.O. Box 761 Bureau of Radiation Protection Potts town, Pa. 19.464 Department of Environmental For FE: 762 Queen St. Resources Potts town, Pa. 19464 5th Floor, Fulton Bank Building Third & Locust Streets Timothy R. S. Campbell Harrisburg, Penna. 17120 Department of Emergency Services 14 Eas t Biddle Street Atomic Safety &. Licensing Wester Chester, Penna. 19 380 Appeal Panel U.S. Nuclear Regulatory Commission Mr. Marvin I. Lewis Washington, D.C. 20555 6504 Bradford Terrace Philadelphia, Penna. 19149 Frederic M. Wentz County Solicitor County of Montgomery Courthouse Morris town , Penna. 19404 Angus Love, Esquire 101 Eas t Main S treet Norris town , Penna. 19401 Mr. Joseph H. White, III 8 North Warner Avenue 3 ryn Mawr, Penna. 19010

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