ML20099G523
| ML20099G523 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 11/23/1984 |
| From: | Rader R CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | |
| References | |
| CON-#484-288, CON-$484-288 ALAB-785, OL, NUDOCS 8411270329 | |
| Download: ML20099G523 (7) | |
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s-COLKETED USNRC UNITED STATES OF AMERIC NUCLEAR REGULATORY COMMISSION r.FF:r.i Or ?;tfz Before the CommissionUCO Ih'Nt "
In the Matter of
)
)
oL Philadelphia Electric Company
)
Docket Nos. 50-352
)
50-353 Db (Limerick Generating Station,-
)
Units 1 and 2)
)
APPLICANT'S RESPONSE TO UNAUTHORIZED REPLY BY DEL-AWARE UNLIMITED, INC. TO THE NRC STAFF'S ANSWER ON REVIEW OF ALAB-785 On November 9,
1984, intervenor Del-Aware Unlimited, Inc.
(" Del-Aware") filed what purports to be a reply to the NRC Staff's answer to the Applicant's petition requesting the Commission to review ALAB-785.
The Commission's regu-lations expressly state in 10 C.F.R. S2. 786 (b) (3) that "(nlo replies to answers will be entertained by the Commis-sion."
Moreover, a reply brief should never be attached to the motion seeking leave to file a reply, but should only te submitted after permission has been granted.1!
Accordingly, the purported reply by Del-Aware is unauthorized and should be stricken.
The reply is nonetheless without merit sub-stantively.
1/
Public Service Company of Oklahoma (Black Fox Station, Units 1& 2), LBP-76-38, 4 NRC 435, 441 (1976).
8411270329 841123 gor *=Cx * *opg!
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I l Del-Aware refers to statements by Applicant in its application seeking an exemption from certain general design criteria as they relate to the protection of the ultimate heat sink for Limerick from tornado missile impacts.
There is no basis in the record for Del-Aware's inference that Applicant was referring to the Point Pleasant diversion project as a source of cooling water in the event the Limerick spray pond would be unavailable.2_/
Nowhere in the record of the application has Applicant, as Del-Aware asserts, " explicitly stated that the supplemental cooling water system was a safety insuring system in the event of a tornado missile effect on the cooling towers."SI To the contrary, in amending its answer to NRC RAI 410.70, Applicant expressly stated:
While an additional source of water is available from the pump station provid-ing the Perkiomen makeup supply located at a distance of approximately 8 miles from the plant
- site, no reliance is being placed on this intake for the purpose of safety analysis or the safety licensing basis for the facility.4/
2/
See Letter dated October 19, 1984 from V.S.
- Boyer, Senior Vice President, Nuclear
- Power, Philadelphia Electric Company, to Harold Denton, Director, Office of Nuclear Reactor Regulation.
3/
Del-Aware Reply to Staff Answer at 1
(November 9,
1984).
4/
See Letter dated October 19, 1984 from Vincent S.
~
- Boyer, Senior Vice President, Nuclear
- Power, Philadelphia Electric Company to Albert Schwencer, Division of Licensing, NRC.
i
I The recent revision therefore makes it clear that, even if the Limerick spray pond (i.e.,
the ultimate heat sink) were temporarily lost, adequate makeup water can be provided solely from the Schuylkill River.- !
In rejecting Del-Aware's motion to stay (treated as a motion to suspend) the low-power license for Limerick, the Appeal Board similarly cited the October 19, 1984 document as a basis for concluding, as the Licensing Board had earlier concluded, that water from the Point Pleasant diversion "is not needed at all for safe shutdown of the plant."5l For the reasons discussed above, Del-Aware's reply should be stricken as unauthorized.
In any event, it is utterly unrelated to any issue for which Del-Aware has 5/
A draft of this revision had previously been provided to the NRC Staff by letter dated September 4, 1984.
It is this draft revision to which Del-Aware refers.
Contrary to Del-Aware's assertion, the draft revision simply states that both Schuylkill and Perkiomen makeup water would be available.
It did not state that Perkiomen water was necessary for safety purposes.
p/
Philadelphia Electric Company (Limerick Generating
- Station, Units 1
and 2),
ALAB-789, 20 NRC (November 5,
1984)
(slip op.
at
- 8).
- Moreover, Del-Aware cites no basis in the record for its assertion that the main stem of the Perkiomen Creek "would be available only 4% of the time."
Del-Aware's Reply to Staff Answer at 2
(November 9,
1984).
Accordingly, there is no basis for Del-Aware's assertion that Applicant "is precluded from using the Schuylkill" or Perkiomen for an emergency shutdown.
gj s- - -
p:
- '4~
.f
- sought Commission review ~ of ALAB-785 and is substantively without merit.
-Respectfully submitted, CONNER & WETTERHAHN,'P.C.
b f.
04#
Troy B. Conner, Jr.
Robert M. Rader Counsel.for the Applicant November 23, 1984 4
4 4
e
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4 c '
UNITED STATES 10F AMERICA NUCLEAR. REGULATORY COMMISSION In the Matter of.
) '
')
Philadelphia Electric Company.
)
Docket Nos. 50-352'
)
50-353 (Limerick _ Generating Station,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify _ that copies - of." Applicant's Response to Unauthorized Reply by Del-Aware Unlimited, Inc.' to the NRC Staff's Answer on Review of ALABn785," dated November 23, 1984 in the captioned matter have been served upon the following by deposit in the United States mail this 23rd day of November, 1984:
Samuel J. Chilk, Secretary Lando W.
Zech, Jr.,
Office of the Secretary Commissioner U.S. Nuclear Regulatory-U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Nunzio J. Palladino, Christine N.
Kohl, Chairman Chairman Atomic Safety and Licensing U.S. Nuclear Regulatory Appeal Board Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Thomas M. Roberts, Commissioner Dr. Reginald L. Gotchy U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission James K. Asselstine, Washington, D.C.
20555 Commissioner U.S. Nuclear Regulatory Gary J. Edles Commission Atomic Safety and Licensing Washington, D.C.
20555 Appeal Board U.S. Nuclear Regulatory Frederick M. Bernthal, commission Commissioner Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
a r -
[yL Helen F. Hoyt, Esq.
Atomic Safety and Licensing.
Chairperson Appeal Panel Atomic Safety,and U.S. Nuclear Regulatory Licensing, Board U.S.
. Commission
' Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Docketing and Service Section Office of-the Secretary Dr. Richard F. Cole U;S.~ Nuclear Regulatory Atomic Safety and Commission Licensing Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Ann P. Hodgdon, Esq.
Washington, D.C.
20555_
Counsel for NRC Staff Office of the Executive Dr. Jerry Harbour Legal Director Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission Washington, D.C.
U.S. Nuclear Regulatory 20555 Commission Washington, D.C.
20555 Angus Love, Esq.
Atomic Safety and Licensing 107 East Main Street Board Panel Norristown, PA 19401 U.S. Nuclear Regulatory Commission Robert J. Sugarman, Esq.
Washington, D.C.
20555 Sugarman, Denworth &
Hellegers Philadelphia Electric Company 16th Floor, Center Plaza ATTN:
Edward G.
Bauer, Jr.
101 North Broad Street Vice President &
Philadelphia, PA 19107 General Counsel 2301 Market Street Director, Pennsylvania Philadelphia, PA 19101 Emergency Management Agency Basement, Transportation Mr. Frank R. Romano and Safety Building 61 Forest Avenue Harrisburg, PA 17120 Ambler, Pennsylvania 19002 Martha W.
Bush, Esq.
Mr. Robert L. Anthony Kathryn S. Lewis, Esq.
Friends of the Earth of City of Philadelphia the Delaware Valley Municipal Services Bldg.
106 Vernon Lane, Box 186 15th and JFK Blvd.
Moylan, Pennsylvania 19065 Philadelphia, PA 19107
9 6 <
Charles W. Elliott,'Esq.
Spence W. Perry, Esq.
325 N.
10th Street Associate' General Counsel-Easton, PA 18042~
Federal Emergency Management Agency
- Phyllis Zitzer, Esq.
500 C Street, S. W., mn. 840 Limerick Ecology Action Washington, DC 20472 P.O. Box 761 762 Queen Street Thomas Gerusky, Director Pottstown, PA 19464 Bureau of Radiation Protection Zori G. Ferkin, Esq.
Department of Environmental Assistant Counsel Resources Commonwealth of Pennsylvania 5th Floor, Fulton Bank Bldg.
Governor's Energy Council
_ Third and Locust Streets 1625 N. Front Street Harrisburg, PA 17120 Harrisburg, PA 17102 James Wiggins Jay M.
Gutierrez, Esq. U.S.
Senior Resident Inspector Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 631 Park Avenue P. O.
Box 47 King of Prussia, PA 19406 Sanatoga, PA 19464 Timothy R.S. Campbell Mr. Ralph Hippert Director Pennsylvania Emergency Department of Emergency Management Agency Services B151 - Transportation 14 East Biddle Street Safety Building West Chester, PA 19380 Harrisburg, PA 17120
- A Robert M.
Rader