ML20100R206

Answer Opposing Friends of the Earth 841204 Motion to Include Valley Forge Park in Plume Exposure Emergency Planning Zone.Motion Legal Nullity & Lacking in Basis Under Commission Regulations.Certificate of Svc Encl

ML20100R206
Person / Time
Site:	Limerick
Issue date:	12/12/1984
From:	Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
CON-#484-632 OL, NUDOCS 8412170343
Download: ML20100R206 (6)

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.i biC UNITED STATES OF AMERICA N EEC 14 g ,.4)

NUCLEAR REGULATORY COMMISSION CFFICE 07 $5c;(7,gy G0CKETING & Sggyggp Before the Atomic Safety and Licensing Board SRANcy In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352 Ob

) 50-353 Ol (Limerick Generating Station, )

Units 1 and 2) )

APPLICANT'S ANSWER TO FRIENDS OF THE EARTH MOTION TO INCLUDE VALLEY FORGE PARK IN THE' PLUME EXPOSURE EMERGENCY PLANNING ZONE On December 8, 1984, R. L. Anthony for himself and as representative of Friends of the Earth in the Delaware Valley (hereinafter collectively " FOE") submitted a motion to include Valley Forge Park within the plume exposure Emergency Planning Zone ("EPZ"). ! Applicant opposes this motion as a legal nullity and lacking in basis under the Commission's regulations.

In admitting contention FOE-1 and the related contention LEA-24 concerning the potential effect of heavy traffic in, inter alia, Valley Forge Park on the evacuation of the EPZ, the Atomic Safety and Licensing Board (" Board")

1/ "R. L. Anthony / FOE Motion to Include Valley Forge National Park in Emergency Evacuation Planning for Limerick, Supplementing Verbal Motion of 12/5/84 (Tr.

14633)."

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explained . that. it would focus on "whether the emergency plans provide reasonable assurance that traffic- congestion in (Valley Forge Park] . Will not significantly .mpede evacuation of the EPZ."

Thus, in the order admitting the contention, the Board explicitly stated that it would consider as part of the contention the very matter which FOE seeks to raise here.

'The Board stated that it "will entertain evidence that nothing short of including these four areas (including

' Valley Forge Park) in the EPZ will provide such as surance . "3_/ Accordingly, the relief now sought by FOE is already -being sought in the context of the admitted contention. FOE is therefore requesting that the Board grant on an interlocutory basis the ultimate relief which it is seeking in the contention. Such relief is not available under the Commission's regulations.

The motion is thus a legal nullity. The request for relief must necessarily be included within the proposed findings of fact and conclusions of law which FOE is

-2/ Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2) , LBP-84-18, 19 NRC 1020, 1067 (1984).

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- required .tio submit- pursuant to 10! C.F.R.

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S2.754 at the-conclusion of the' evidentiary heariag.AI

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For- the ' foregoing' reasons', FOE's motion to linclude

Valley _ Forge Park within'the EPZ should be denied.-

~

Respectfully submitted, CONNER & WETTERHAHN,-P.C.

Mark J. Wetterhahn Counsel for the Applicant

- December _12, 1984

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4 /. If the Board believes that the instant motion is ripe

- for consideration, Applicant ~ requests that it be given ten days after service of such determination to address the merits of the motion inasmuch as it is clearly not warranted _ based upon'the evidence of record.

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UNITED STATES OF 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 cot,ies of " Applicant's Answer to Friends of the Earth Motion to Include Valley Forge Park in the Plume Exposure Emergency Planning Zone" dated December 12, 1984 in the captioned matter have been served upon the following by deposit in the United States mail this 12th day of December 1984:

Helen F. Hoyt, Esq. Atomic Safety and Licensing Chairperson Appeal Panel Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Docketing and Service Section 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 U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555

Atomic Safety and Licensing Angus Love, Esq.

Board Panel 107 East Main Street U.S. Nuclear Regulatory Norristown, PA 19401 Commission Washington, D.C. 20555 Robert J. Sugarman, Esq.

Sugarman, Denworth &

Philadelphia Electric Company Hellegers ATTN: Edward G. Bauer, Jr. 16th Floor, Center Plaza Vice President & 101 North Broad Street General Counsel Philadelphia, PA 19107 2301 Market Street Philadelphia, PA 19101 Director, Pennsylvania Emergency Management Mr. Frank R. Romano Agency 61 Forest Avenue Basement, Transportation Ambler, Pennsylvania 19002 and Safety Building Harrisburg, PA 17120

!!r. Robert L. Anthony Friends of the Earth in Martha W. Bush, Esq.

the Delaware Valley Kathryn S. Lewis, Esq.

106 Vernon Lane, Box 186 City of Philadelphia Moylan, PA 19065 Municipal Services Bldg.

15th and JFK Blvd.

Charles W. Elliott, Esq. Philadelphia, PA 19107 325 N. 10th Street Easton, PA 18064 Spence W. Perry, Esq.

Miss Phyllis Zitzer Associate General Counsel Federal Emergency Limerick Ecology Action Management Agency P.O. Box 761 500 C Street, S.W.

762 Queen Street Room 840 Pottstown, PA 19464 Washington, DC 20472 Zori G. Ferkin, Esq. Thomas Gerusky, Director Assistant Counsel Bureau of Radiation Commonwealth of Pennsylvania Protection Governor's Energy Council Department of Environmental 1625 N. Front Street Resources Harrisburg, PA 17102 5th Floor Fulton Bank Bldg.

Jay M. Gutierrez, Esq. Third and Locust Streets U.S. Nuclear Regulatory Harrisburg, PA 17120 Commission 631 Park Avenue King of Prussia, PA 19406

-a -

,, ,- - 3' James Wiggins Senior Resident Inspector U.S. Nuclear Regulatory

. Commission P.O. Box 47

,Sanatoga,.PA' 19464

' Timothy R.S. Campbell,

-Director Department of Emergency Services 14' East Biddle Street West Chester, PA 19380 Mr. Ralph Hippert Pennsylvania. Emergency Management-Agency B151 - Transportation and Safety Building Harrisburg, PA 17120 Mar $/J. Wetterhahn .

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