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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20151L5181997-08-0505 August 1997 Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately) Re SL Nevin Deliberately Falsifying Records of RECW Sample Documentation on 960207 ML20151L3671997-08-0505 August 1997 Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately).Orders That SA Blacklock Prohibited from Engaging in Activities Licensed by NRC for 5 Yrs from Date of Order ML20203H6891997-06-0202 June 1997 Transcript of 970602 Enforcement Conference in King of Prussia,Pa ML20083N3971995-04-26026 April 1995 Comment Supporting Proposed GL, Pressure Locking & Thermal Binding of Safety-Related Power-Operated Gate Valves ML20081B3811995-03-0101 March 1995 Comment Supporting Proposed Suppl 5 to GL 88-20, IPEEE for Severe Accident Vulnerabilities ML20058K7381993-12-0303 December 1993 Memorandum & Order CLI-93-25.* Commission Denies State of Nj Petition for Leave to Intervene & Request for Adjudicatory Hearing Filed on 931008.W/Certificate of Svc.Served on 931203 ML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20057G2141993-10-14014 October 1993 Order.* Requests for Simultaneous Responses,Not to Exceed 10 Pages to Be Filed by State,Peco & Lipa & Served on Other Specified Responders by 931020.NRC May File by 931022. W/Certificate of Svc.Served on 931014 ML20059A4581993-10-14014 October 1993 Order Requesting Answers to Two Questions Re State of Nj Request for Immediate Action by NRC or Alternatively, Petition for Leave to Intervene & Request for Hearing. Operations Plans for Marine Transportation Withheld ML20059B1291993-09-14014 September 1993 Affidavit of Jh Freeman.* Discusses Transfer of Slightly Used Nuclear Fuel from Shoreham Nuclear Power Station to Limerick Generating Station.W/Certificate of Svc & Notice of Appearance ML20045D8121993-06-14014 June 1993 Comment Supporting Proposed Rules 10CFR50 & 54 Re FSAR Update Submittals. ML20126F2721992-12-21021 December 1992 Comment Endorsing Positions & Comments of NUMARC & BWROG Re Draft GL, Augmented Inservice Insp Requirments for Mark I & Mark II Steel Containments,Refueling Cavities & Associated Drainage Sys ML20062C6561990-10-22022 October 1990 Affidavit Requesting Withholding of Summary Rept on Evaluation of Recirculation Nozzle to Safe End Weld Indication & Proposed Disposition to Permit Unit 1 Cycle 4 Operation, from Public Disclosure,Per 10CFR2.790 ML20246J4521989-08-30030 August 1989 Memorandum & Order (Terminating Proceeding).* Terminates Proceeding Per Settlement Agreement Between Limerick Ecology Action,Inc & Licensee.W/Certificate of Svc.Served on 890831 ML20246F1011989-08-25025 August 1989 Joint Motion for Termination of Proceedings.* Board Moved to Accept Encl Settlement Agreement,Dismiss Limerick Ecology Action,Inc (Lea) Contention W/Prejudice,Dismiss Lea as Party to Proceeding & Terminate Proceeding ML20246F0121989-08-25025 August 1989 Memorandum & Order CLI-89-17.* Staff Authorizes Issuance of Full Power License to Licensee to Operate Unit 2 After Requisite Safety Findings Under 10CFR50.57 Completed. W/Certificate of Svc ML20246F1471989-08-25025 August 1989 Settlement Agreement.* Certificate of Svc Encl ML20246E3431989-08-22022 August 1989 Opposition of Intervenor Limerick Ecology Action,Inc to Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing.* Requests That Schedule Be Replaced W/More Reasonable Schedule,As Proposed.W/Certificate of Svc ML20246C0271989-08-18018 August 1989 Notice of Appointment of Adjudicatory Employee.* Informs That D Nash Appointed as Commission Adjudicatory Employee to Advise Commission on Issues in Proceeding.W/Certificate of Svc.Served on 890818 ML20246B7721989-08-17017 August 1989 Correction of Memorandum & Order of 890815.* Advises That Refs to 49CFR2.730(c) on Page 1 & 49CFR2.710 & 49CFR2.711 on Page 2 Should Be Corrected to Read as 10CFR2.730(c),2.710 & 2.711,respectively.W/Certificate of Svc.Served on 890818 ML20246D7411989-08-17017 August 1989 Transcript of 890817 Meeting in Rockville,Md Re Discussion of Full Power OL for Facility.Pp 1-58.Supporting Documentation Encl ML20246B7571989-08-16016 August 1989 Order Responding to Limerick Ecology Action Motion for Reconsideration.* Denies Motion to Reconsider,Stay,Suspend or Revoke 890707 Order on Basis That Order Appropriate.W/ Certificate of Svc.Served on 890816.Re-served on 890818 ML20246B7751989-08-16016 August 1989 Memorandum & Order.* Denies Rl Anthony 890623 Request for Hearing for Intervention in Remand Proceeding & for Stay of Low Power Authorization.W/Certificate of Svc.Served on 890816 ML20246B7931989-08-15015 August 1989 Memorandum & Order (Request for Expedited Answer).* Denies Licensee 890811 Request for Expedited Answer from NRC & Limerick Ecology Action on Basis That Request Lacks Good Cause.W/Certificate of Svc.Served on 890816 ML20245H8491989-08-14014 August 1989 Notice of Change of Address.* Advises of Council Change of Address for Svc of Documents ML20245H8061989-08-14014 August 1989 Supplemental Response of Intervenor Limerick Ecology Action, Inc to Memorandum & Order of Commission & to Memorandum & Order of 890807.* Requests Further Extension of Time in Which to Reply.Certificate of Svc Encl ML20245H5991989-08-11011 August 1989 Memorandum & Order (Terminating Proceeding).* Dismisses Graterford Inmates Contention Re Adequacy of Training for Drivers Responsible for Evacuating Graterford & Terminates Proceeding.Certificate of Svc Encl.Served on 890814 ML20245H7341989-08-10010 August 1989 Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing & Request for Expedited Answer to This Motion.* Divergence in Positions of Respective Parties Emphasizes Need to Conclude Proceeding.W/Certificate of Svc ML20245F7511989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to NRC Staff Response to Commission Questions.* Commission Should Rely on Licensee Cost Analysis in Response to Question 5 & Rc Williams Affidavit.W/Certificate of Svc ML20245F7161989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Environ Benefits for Operating Unit 2 Outweigh Small Risk of Severe Accident ML20245F7341989-08-0909 August 1989 NRC Staff Response to Commission Memorandum & Order of 890807.* Advises That NRC Will Provide Comments on Limerick Ecology Action 890814 Filing Prior to Commission Meeting Scheduled for 890817.W/Certificate of Svc ML20245F7291989-08-0808 August 1989 Affidavit.* Discusses Costs Incurred While Plant Inoperable. Allowance for Funds Used During Const,Security,Maint & Operational Costs Considered Proper for Calculating Costs for Delay ML20248D9241989-08-0707 August 1989 Memorandum & Order.* Extends Limerick Ecology Action Response Deadline to 890814 to Respond to Five Questions Re Severe Accident Mitigation Design Alternatives.W/Certificate of Svc.Served on 890807 ML20248D7871989-08-0303 August 1989 Correction for NRC Staff Response to Commission Questions.* Forwards Corrected Page 5 to NRC Response to Questions Filed on 890802,deleting Phrase by Nearly Factor 2.5 in Next to Last Line.W/Certificate of Svc ML20248D7111989-08-0202 August 1989 Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Commission Order Fails to Provide Intervenor Adequate Time for Response & Should Therefore Be Revoked.W/Certificate of Svc ML20248D5391989-08-0202 August 1989 Affidavit of MT Masnik.* Advises That Author Prepared Response to Question 3 ML20248D5671989-08-0202 August 1989 Affidavit of SE Feld.* Advises That Author Prepared Response to Question 5.W/Certificate of Svc ML20248D6451989-08-0202 August 1989 Affidavit.* Advises That Author Read Responses to Request for Comments by NRC & Knows Contents.W/Certificate of Svc ML20248D4721989-08-0202 August 1989 NRC Staff Response to Commission Questions.* Provides Info for Use in Commission Effectiveness Review of Plant Full Power Operation,Per Commission 890726 Memorandum & Order. Supporting Affidavits Encl ML20248D4971989-08-0202 August 1989 Joint Affidavit of Gy Suh & CS Hinson.* Advises That Authors Prepared Responses to Questions 1 & 4 ML20248D5311989-08-0202 August 1989 Affidavit of Rj Barrett.* Advises That Author Prepared Response to Question 2 ML20248D5981989-08-0202 August 1989 Response by Licensee Philadelphia Electric Co to Commission Request for Comments by Memorandum & Order Dtd 890726.* Licensee Requests Commission Issue Full Power OL for Unit 2 Conditioned Upon Outcome of Pending Litigation ML20245J1321989-07-27027 July 1989 Transcript of 890727 Meeting in Rockville,Md Re Facility Severe Accident Mitigation Issues.Pp 1-130.Supporting Info Encl ML20247N3261989-07-26026 July 1989 Transcript of 890726 Affirmation/Discussion & Vote in Rockville,Md on SECY-89-220 Re Order Requesting Info from Parties for Immediate Effectiveness Review of Full Power Authorization for Limerick Unit 2.Pp 1-4 ML20248D7331989-07-24024 July 1989 Second Rept of Parties & Request for Dismissal of Graterford Inmates Contention & Termination of Proceeding.* Requests Board to Enter Order to Terminate Proceeding Based on Parties Agreeing to Dismissal of Remaining Contention ML20247Q4621989-07-23023 July 1989 Response of Intervenor Rl Anthony to Answer of Philadelphia Electric Co (PECO) to Request for Hearing on PECO Application for Low Power Operation of Unit 2 & Stay of Any Operation in Keeping W/Us Circuit Court Remand Of....* ML20247B7261989-07-20020 July 1989 Notice of Appointment of Adjudicatory Employee.* Advises That H Vandermole Appointed to Advise Commission on Issues in Proceeding Re Severe Accident Mitigation Design Alternatives.W/Certificate of Svc.Served on 890720 ML20247B3821989-07-18018 July 1989 Memorandum & Order.* Orders That Severe Accident Mitigation Alternatives,Per Nepa,To Be Considered Include Containment Heat Removal,Core Residue Capture & Venting.Certificate of Encl.Served on 890719 ML20247B7641989-07-13013 July 1989 Motion of Intervenor,Limerick Ecology Action Inc,To Reconsider/Stay/Suspend/Revoke Order Authorizing Issuance of Low Power OL for Limerick 2.* Consideration of Accident Mitigation Alternatives Imperative.Certificate of Svc Encl 1997-08-05
[Table view] Category:PLEADINGS
MONTHYEARML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20246F1011989-08-25025 August 1989 Joint Motion for Termination of Proceedings.* Board Moved to Accept Encl Settlement Agreement,Dismiss Limerick Ecology Action,Inc (Lea) Contention W/Prejudice,Dismiss Lea as Party to Proceeding & Terminate Proceeding ML20246E3431989-08-22022 August 1989 Opposition of Intervenor Limerick Ecology Action,Inc to Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing.* Requests That Schedule Be Replaced W/More Reasonable Schedule,As Proposed.W/Certificate of Svc ML20245H8061989-08-14014 August 1989 Supplemental Response of Intervenor Limerick Ecology Action, Inc to Memorandum & Order of Commission & to Memorandum & Order of 890807.* Requests Further Extension of Time in Which to Reply.Certificate of Svc Encl ML20245H7341989-08-10010 August 1989 Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing & Request for Expedited Answer to This Motion.* Divergence in Positions of Respective Parties Emphasizes Need to Conclude Proceeding.W/Certificate of Svc ML20245F7511989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to NRC Staff Response to Commission Questions.* Commission Should Rely on Licensee Cost Analysis in Response to Question 5 & Rc Williams Affidavit.W/Certificate of Svc ML20245F7161989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Environ Benefits for Operating Unit 2 Outweigh Small Risk of Severe Accident ML20248D5981989-08-0202 August 1989 Response by Licensee Philadelphia Electric Co to Commission Request for Comments by Memorandum & Order Dtd 890726.* Licensee Requests Commission Issue Full Power OL for Unit 2 Conditioned Upon Outcome of Pending Litigation ML20248D7111989-08-0202 August 1989 Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Commission Order Fails to Provide Intervenor Adequate Time for Response & Should Therefore Be Revoked.W/Certificate of Svc ML20247Q4621989-07-23023 July 1989 Response of Intervenor Rl Anthony to Answer of Philadelphia Electric Co (PECO) to Request for Hearing on PECO Application for Low Power Operation of Unit 2 & Stay of Any Operation in Keeping W/Us Circuit Court Remand Of....* ML20247B7641989-07-13013 July 1989 Motion of Intervenor,Limerick Ecology Action Inc,To Reconsider/Stay/Suspend/Revoke Order Authorizing Issuance of Low Power OL for Limerick 2.* Consideration of Accident Mitigation Alternatives Imperative.Certificate of Svc Encl ML20246P4951989-07-0303 July 1989 Licensee Memorandum Re Proposed Design Mitigation Alternatives for Which Agreement Among Parties Could Not Be Reached.* Only Specific Alternatives Being Considered by Licensee & Should Be Given Attention.W/Certificate of Svc ML20246P3321989-07-0303 July 1989 NRC Staff Memorandum Supporting Staff Position Re Alternatives to Be Litigated.* Board Should Reject Limerick Ecology Action Suggested Items for Litigation Considered Outside of Scope of Remand.W/Certificate of Svc ML20246N9971989-06-30030 June 1989 Memorandum of Limerick Ecology Action,Inc,Per Prehearing Conference Order of ASLB of 890609.* Proposed Alternatives for Severe Accident Mitigation within Scope of Proceeding on Remand.Certificate of Svc Encl ML20245D2691989-06-21021 June 1989 Applicant Reply Memorandum in Support of Motion for Clarification Or,Alternatively,For Exemption.* Commission Should Determine That NRC Fully Authorized to Issue OL for Facility & Be Directed,Per 10CFR51.6.W/Certificate of Svc ML20245A5981989-06-15015 June 1989 Opposition of Limerick Ecology Action,Inc to Applicant Motion for Clarification of Commission Delegation of Authority & for Issuance of Ol,Or Alternatively,For Exemption from Procedural....* W/Certificate of Svc ML20245A5811989-06-15015 June 1989 Opposition of Commonwealth of PA to Motion of Philadelphia Electric Co for Clarification of Commission Delegation of Authority & for Issuance of OL & Opposition to Motion for Exemption.* W/Certificate of Svc ML20248B7471989-06-0505 June 1989 Applicant Motion for Clarification of Commission Delegation of Authority & for Issuance of Ol,Or,Alternatively,For Exemption from Procedural Requirement That License for Limerick Unit 2 Cannot Issue Until Contention Remanded....* ML20151T6901988-04-25025 April 1988 Response of Intervenor Rl Anthony to PECO 880331 Response & NRC Staff 880404.* Denial of Applicant Motion for Summary Disposition & Application for License Amend Urged ML20150F8721988-03-31031 March 1988 Licensee Response to Order of 880317 Requesting Clarifying Info.* Clarifying Info Needed to Decide Parties Submissions on Licensee Motion for Summary Disposition ML20149K9821988-02-18018 February 1988 Response of NRC Staff in Support of Licensee Motion for Summary Disposition.* NRC Agrees W/Licensee Motion Because No Genuine Issue of Matl Fact Exists to Be Litigated. Consolidated Contention & Proceeding Should Be Dismissed ML20196D6751988-02-0909 February 1988 Response in Opposition to Licensee Request for Summary of Disposition of Air & Water Pollution Patrol Opposition to Licensee Application for Amend to License NPF-39 & Exemption to App J of 871218. * ML20235A8101988-01-0606 January 1988 Licensee Opposition to Intervenor Rl Anthony Request for Extension of Time for Discovery.* Intervenor Request Should Be Denied as Intervenor Had Adequate Opportunity to Review Responses & Pursue Addl Discovery.W/Certificate of Svc ML20235A8041988-01-0505 January 1988 Air & Water Pollution Patrol (Romano) Reaction to Licensee time-defaulted Response for Production of Documents as Ordered by NRC Administrative judges,871120.* Requests That Util Be Reprimanded for Defaulting on 871120 Order ML20238D1601987-12-20020 December 1987 Intervenor Rl Anthony Request for Extension of Time for Discovery.* Extension Requested Due to Listed Obstacles Which Have Prevented Study of Matl Provided & Matl Missing ML20236T1781987-11-23023 November 1987 Licensee Memorandum in Support of Motion for Summary Disposition,Preliminary Statement.* Proposed Amend Does Not Downgrade Reporting Requirements for Iodine Spikes. Consolidated Contention & Proceeding Should Be Dismissed ML20236T1611987-11-23023 November 1987 Licensee Motion for Summary Disposition.* Forwards Util Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard,Memorandum in Support of Motion for Summary Disposition & J Doering & Js Wiley Affidavits ML20236P8241987-11-12012 November 1987 Air & Water Pollution Patrol (Awpp) (Romano) Objection to Licensee Objection to Intervenor Awpp Request for Opportunity to File for Discovery & Motion for Protective Order.* Failure to Monitor Proceeding Inadvertent ML20236P8971987-11-10010 November 1987 Intervenor Rl Anthony Objection to Philadelphia Electric Co Objection to Anthony Discovery & Request for Protective Order Dtd 871030.* Only Essential Matl for Appeal of Granting License Amend Requested ML20236N8971987-11-0909 November 1987 Response of NRC Staff to Rl Anthony Discovery Requests & Licensee Objections Thereto.* ASLB Should Deny Request,But Protective Order Not Opposed.Certificate of Svc Encl.Related Correspondence ML20236N8351987-11-0909 November 1987 Response of NRC Staff to Air & Water Pollution Patrol Motion of 871027 Concerning Summary Disposition & Discovery & Licensees Objections Thereto.* Motion Should Be Denied. Certificate of Svc Encl ML20236L7471987-11-0202 November 1987 Licensee Objection to Intervenor Air & Water Pollution Patrol Request for Opportunity to File for Discovery & Motion for Protective Order.* Certificate of Svc Encl ML20236H3911987-10-30030 October 1987 Licensee Objection to Intervenor Anthony Request for Discovery & Motion for Protective Order.* Certificate of Svc Encl ML20236H4091987-10-27027 October 1987 Memorandum & Order (Memorializing Special Prehearing Conference;Ruling on Contentions).* Motion for Board to Summarily Dispose Util Request Instant Amend & for Exercise to Discovery ML20236H3401987-10-25025 October 1987 Intervenor Rl Anthony Response to 871009 Memorandum & Order.* Author Has No Further Requests for Info in Addition to Items Recorded in .Util Should Provide Listed Records ML20236R7731987-08-26026 August 1987 Suppl to Petitioner Response of 870702 to Board Notice of Hearing & Order of 870729.* Petitioner Lists Contentions Opposing Granting of License Amend to Tech Specs for Plant Re Matter of Radioactive Iodine Spikes ML20237G9731987-08-21021 August 1987 Air & Water Pollution Patrol Suppl to Opposition to Radioactive Iodine Amend for License NPF-39.* Concerns Expressed Re Unusual Sensitivity of Thyroid to Iodine. Licensee Does Not Merit Amend,Based on Util Past Conduct ML20235M1751987-07-13013 July 1987 Staff Reply to Licensee Answers to Petitioner Requests for Hearing & Motions to Intervene (Licensee Second Argument).* Air & Water Pollution Patrol & R Anthony Failed to Meet Stds for Intervention in Amend Proceedings.Aslb Denies Petition ML20235G5851987-07-0505 July 1987 Awpp (Romano) Answers Licensee Argument II as Per Order of 870522 Re Representational Standing.* Urges Licensee to Show Cause Why Cable Pulling Necessitates Greater Air Leakage from Reactor Openings ML20235J0491987-07-0202 July 1987 Response by Intervenor Rl Anthony to Board Order of 870622.* Licensee Opposed to License Amend & Request Hearing to Form Basis for Board to Deny Request.Reduction of Control Over Iodine Spikes & Levels Is Threat to Health of Public ML20215J7661987-06-16016 June 1987 NRC Staff Response to Licensee Answer in Opposition to Request for Hearing & Leave to Intervene by Air & Water Pollution Patrol.* Board Should Reject Licensee First Argument & Anthony Request for Hearing.W/Certificate of Svc ML20216D3641987-06-16016 June 1987 NRC Staff Response to Licensee Answer in Opposition to Request for Hearing & Leave to Intervene by Air & Water Pollution Patrol.* ASLB Should Reject Licensee First Argument & Anthony Request for Hearing.W/Certificate of Svc ML20215D9491987-06-0808 June 1987 Intervenor Rl Anthony Response to ASLB Order of 870522.* Licensee Position Mistaken Both in Relation to Correctness of Petition to Intervene & as to Intent of Citizen Participation Specified in NEPA & Aea.Served on 870616 ML20214W5531987-06-0202 June 1987 Response Opposing Util Request for Legal Loopholes to Prevent Groups w/long-term Commitment to Insure Licensee Does Better Job Abiding Rules Re Public Safety ML20214G6271987-05-19019 May 1987 Commonwealth of PA Opposition to Graterford Inmates Petition for Review of ALAB-863.* Graterford Inmates Failed to Prove That Aslab Decision Erroneous W/Respect to Important Question of Fact,Policy or Law.W/Certificate of Svc ML20214A9491987-05-18018 May 1987 NRC Staff Answer in Opposition to Petition for Review of Inmates of State Correctional Inst at Graterford.* Inmates Failed to Establish That Issues Raised Re ALAB-863 Warrant Review.Commission Should Deny Review.W/Certificate of Svc ML20210C1011987-05-0404 May 1987 Petition for Review.* Review of Aslab 870417 Decision ALAB-836 Requested to Determine If Reasonable Assurances Given That Sufficient Manpower Will Be Mobilized in Event of Evacuation.Certificate of Svc Encl ML20212K5141987-01-23023 January 1987 Response of NRC Staff in Opposition to Graterford Inmates Appeal of Licensing Board Suppl to Fourth Partial Initial Decision.* Certificate of Svc Encl ML20207P9441987-01-12012 January 1987 Commonwealth of PA Brief in Opposition to Appeal by Graterford Inmates of Suppl to Fourth Partial Initial Decision:Preliminary Statement.* W/Certificate of Svc 1993-10-22
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Text
_ _ _ _ _ _ - . - . - - - - - . - - - - - - - - - - - - - - - _ _ _ - - _ - - - _ _ . - - - --
.g g. ***._
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION @fQE3 vahnu ATOMIC SAFETY AND LICENSING APPEAL BOARD
' In the. Matter of :
'N !23 Philadelphia Electric Company Docket No. S'UTT6.220Lca y,.,p'
- SD3'5'3'-OIJEe ye, '
' " " U' (Limerick Generating Station, :
Units I and II) :
APPELLANT'S BRIEF IN SUPPORT OF APPEAL I. INTRODUCTION In its Decision of September 26, 1984 (ALAB-785), the Appeal Board remanded to the Licensing Board the latter's disallowance of two Del-Aware proposed contentions in the Limerick proceeding. Those contentions (V-14 and V-16) concerned the effect of the Point Pleasant Diversion (PPD) on salinity' intrusion in the Delaware River, and the effect of the Point Pleasant Pumping Station and adjacent facilities on the integrity of the Point Pleasant Historic District. For reasons set forth in ALAB-78 5 at pp. 2 6-3 3 and 42-45, the Appeal Board found that the Licensing Board erred in rejecting those contentions, and ordered it to entertain revised contentions, subject to their conformance to certain general guidelines about specificity and relevance. Pursuant to this ruling, Del-Aware on October 19, 1984, submitted revised contentions on both issues. In a
" Memorandum and Order" dated November 8, 1984, the Licensing Board again rejected both contentions, asserting that it did so in reliance on the Appeal Board s' ALAB- 87 5 requirements about the necessary " scope" and " specificity" of those contentions. On 0412310354 841226 PDR ADOCK 05000352 1 o PDR
November 26, 1984, Del-Aware served notice of its appeal from the latter action to the Appeal Board. This brief is submitted in support of that appeal.
II. ARGUMENT The Licensing Board's general assertion that the .
revised Del-Aware contentions are " pleaded without adequate bases and specificity," is premised on a reading of ALAB-785 that is misconstrued in favor of its own already-expressed viewa as contained in the remanded decision themselves.
A. Salinity The Licensing Board argues that the Appeal Board " ruled l
that a resubmitted V-16 would have to be tied to changes or new information that had come since the issuance of the construction permit for Limerick (emphasis added.). This inaccurate paraphrasation of the Appeal Board's actual language on the l
subject (that the revised contentions should be " based on the staff's now issued final environmental statement (FES) ," evokes images of a massive array of presently uncontroverted data inimical to Del-Aware's case, and amounts to an expansion of the dictum that Del-Aware would "have a heavy burden of specifying why any NRC reliance on analysis by DRBC... was improper" [ quoted in ALAB-785 at p. 32] from the proofs stage to the pleading stage. The carrying of such a burden is precisely the purpose of j
the litigation (rather than the assertion) of contentions. The
)
relevant regulations (at 10 CFR g2.751b) only demand " reasonable specificity" for the admission of contentions.
Similarly, the Licensing Board misconstrues the guidance provided by ALAB-785 when it asserts that the Appeal 2
1
. ~. l Board "noted that the Staf f was permitted to rely on the data and inferences drawn by the ... (DRBC) on this issue (emphasis a ided. l l
Reference to the actual language.of ALAB-785 shows the ., by context and by emphasis, the Appeal Board couched this
" permission" in a conditional manner. It went on to no e that ;
"the Commission need not slavishly defer to the DRBC's f i.1 dings or its conclusions about water quality (emphasis add ( d)," and noted that the DRBC's principal expertise related to que s!: ions of 4
water supply and allocation, rather than quality. [ ALAS-785]. In f act, in finding that the Licensing Board erred legt 11y in dis-
- allowing Contention V-16 in the first place, the .ppeal Board implicitly raised the issue of the duty of ot mr agencies i-(including the NRC) to substitute their own .mviron m en ta l conclusions, when appropriate, for those of the ORBC, provided f that the effects of those conclusions fell witFM the envelope l comprised by DRBC's " permissive, not mandad cry" allocation decisions. In this context, it is patently unre u onable to expect i intervenors, in effect, to litigate the rotentially subtle distinctions between allowable " reliance" and " slavish deference" l
in the pleadings themselves. Again, the "rearonable specificity" standard set forth at 10 CFR g 2.751b should prevail.
This discussion defines the relevant questf3n properly as one of whether or not Del-Aware's revised contentions meet that standard. Reference to the plain language of the revised contention V-16, and, more importantly, to that of the FES itself, shows convincingly that the salinity contention does i
3
)
4 indeed meet 'that standard.1/ .The Board apparently objects to the l subjective character of the contention, i.e. its assertion that
" contrary" - to the D RDC.'s conclusion, the PPD will adversely l
affect Delaware salinity 1~e v e l s , or that the NRC Staff's
- i. i
" reliance" on those findings was " inappropriate". .
2 The minimal attention accorded to the salinity issue in i >
- the FES itself is insuf ficient to justify (or even to permit) a more substantive response than a- simple contradiction. Indeed,. ;
j the Staff's bare assertion in the FES (at p. 9-21; DOI-12") that I
it " adopts" the DRBC response on the issue, without elaboration
! or argument, so compellingly suggests " slavish deference," as opposed to allowable " reliance," as to render argument on the matter largely redundant. In f act, the Staff's inattention to !
L the substantive importance of the salinity issue, as suggested by its citation to the purported " response" found on "page 29 of Mr.
i
, Hansler's letter (Appendix "O")," (wherein is found only the I preamble to a discussion of " Salinity over seed-oyster beds," a sub-issue of the salinity question) should embarrass the Staff, and dissuade the Licensing Board from disparaging Del-Aware's -
j revised contention on the grounds of non-specificity.
I The Licensing Board also purports to find implicit in
. ALAB-785 a requirement for " nexus" between the revised contention itself and the statement of its basis, and to find this undefined
. quality absent-in Del-Aware V-16. It also objects to. Del-AWARE's 1/ The dissolved oxygen issue was pending before this Board on
- _ reconsideration when the Contention deadline was about to run; hence its inclusion. Although the denial was dated earlier, it
! was received later.
4
reference to documents which are "not in the record," (a record that was defined and circumscribed by its own since-remanded decisions limiting the scope of the proceeding), but does not explain how Del-Aware might have met with its simultaneous demand that it must deal with "new information" in the absence of such .
reference. The purpose of the hearings which are sought by these revised contentions is precisely to place this evidence into the record, which could not have been done prior to the admission of these contentions.
In summary, the Licensing Board has construed the intent of ALAB-785 in a manner that is selectively supportive of its own previously expressed disinclination to preside over the i substantive ajudication of the salinity issue. The heaviest
" burden" borne at this point in this proceeding is borne by the l Licensing Board itself, in avoiding the apparently clear meaning i-of the Appeal Board's unambiguous conclusion that " Del-Aware's original contention V-16 should have been admitted initially (emphasis added) ." (ALAB-785 at 32 n70).
B. POINT PLEASANT HISTORIC DISTRICT As with the salinity issue, it is difficult to compre-hend what degree of " specificity" the Licensing Board can have thought requisite from an intervenor questioning the sufficiency of a perfunctory, one paragraph treatment, such as that which the NRC Staff accorded the issue of " Historic and Archeologic Impacts," (FES, Section 5.7 at p. 5-36). Indeed, neither that paragraph nor Appendix "F" even acknowledge the existence of any such entity as the " Point Pleasant Historic District," which was declared eligible for National Register status in 1981. As such,
! 5
I the Licensing Board's characterization of the Staf f's treatment of this subject in the FES as " analysis" can at best be described as charitable.
As with the salinity question, the Licensing Board
. avails itself selectively of the Appeal Board's authorization to the staf f to " properly rely" on the historical impact findings of other agencies in reaching its own conclusions. It omits to observe, however, that in the cited footnote in ALAB-785 (note 110 at pp. 45-46) this Board referred the reader back to its parallel discussion of the salinity issue, and thereby presumably incorporated the critical distinction made there between allowable " reliance" and " slavish deference." The issue at hand in this instance is not one of mere reliance, but rather one of proper reliance. Del-Aware submits that its revised contention V-14 is reasonably specific in showing the insufficiency of the NRC's reliance on the 1982 " Memorandum of Agreement" between the-Corps of Engineers, the Pennsylvania SHPO, and the Advisory.
Council on Historic Preservation.
As revised contention V-14 clearly and concisely sets forth, the historical review process culminating in the signing of the " Memorandum of Agreement," to which the Staf f's FES deferred without elaboration or comment, considered only selective aspects of the full complex of historical resources which comprise the National Register-eligible Point Pleasant Historic District. Like the FES, the " Memorandum of Agreement" takes no explicit cognizance of the fact that the proposed project will impact on a comprehensive complex of resources 6
comprising a " historic d i s tr ic t ," rather than a cluster of discrete objects or entities. Thus it addresses the Pennsylvania Canal and potential subsurface (archeological) resources, but ignores such integral elements of the district as'its basic setting and visual character (its " natural hillside frame,"), the generally wooded character of the river bank (c.f. " intrusions of cleared areas,") and the intrusion of specif.ic non-conforming facilities and/or apparatus integral to the proposed project
(" parking lots," " transformer pads," "possible wa l l s ,") in or adjacent to the district. Any or all of these elements, which Del-Aware specifically identified in its revised contention V-14, have adverse impact and/or mitigation implications different from those contemplated in the " Memorandum of Agreement," and the Staff FES " analysis" in reliance on that document.
C.
SUMMARY
The Licensing Board, in its Special Prehearing Conference Order, dated June 1,1984, acknowledged that its own treatment of the issue of allo.wable reliance contained therein "provides only general guidance (emphasis added)". Del-Aware hereby submits that neither the Licensing Board's own subsequent
" Memorandum and Order (Concerning Objections to June 1, 1982 Special Prehearing Conference Order"), dated July 14, 1982, nor ALAB-785, significantly expands the specificity of that guidance.
To the maximum extent sustainable by the contents of the documents to which it was required to respond, Del-Aware has identified, in the form of its revised contentions, legitimate issues which have not been adequately addressed by either the NRC Staff or the "other agencies" on whose judgements it has 7
purported to: rely. It has not attempted to argue the detailed merits of those contentions in what would necessarily be the vacuum of its brief statements of the " bases" on which they are formulated. The-proper forum for such argument'is in the litigation of those contentions upon their admission. For the Board to use its and the Appeal Board's " general. guidance" to arbitrarily exclude the revised contentions on the grounds of non-specificity would be to leave the record of this proceeding essentially incomplete. Far f rom Del-Aware expecting, as the Licensing Board asserts, the Board to "draf t acceptable revisions of the contentions", it appears that the Board expects Del-Aware, in effect, to litigate those contentions as a precondition to their admission. The Appeal Board should reject the latter course, order the admission of Del-Aware's revised contentions V-14 and V-16, and direct that they be heard and ajudicated.
Respectfully submitted, ROBERT J. SUGARMAN Counsel for Intervenor, Del-AWARE Unlimited, Inc.
Of Counsel Sugarman, Denworth & Hellegers 16th Floor, Center Plaza 101 North Broad Street
. Philadelphia, PA 19107 Dated: December 26, 1984 p32.rjs/sp i
8
CERTIFICATE OF SERVICE I hereby certify that I have served a copy o[ik$h[ fore-going APPELLANT'S BRIEF IN SUPPORT OF APPEAL by mat in a copy of the same to the following persons this 26th day of D6cem e 1 h Christine N. G4+
Kohl,Esq.,khh(z$NXhcq$aifl[En l
Administrative Judge ,
U.S. Nuclear Regulatory Commission Washington, DC 20555 Gary Edles e Esquire Administrative Judge U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Reginald L. Gotchy Administrative Judge U.S. Nuclear Regulatory Commission Washington, DC 20555 Ann Hodgdon, Esquire Benjamin H. Vogler, Esquire U.S. Nuclear Regulatory Commission Washington, DC 20555 Troy B. Conner, Jr., Esquire Conner and Wetterhahn 1747 Pennsylvania Avenue Washington, DC -20006 Edward G. Bauer, Esquire Vice President & General Counsel Philadelphia Electric Company 2301 Market Street Philadelphia, PA 19101 Secretary U.S. Nuclear Regulatory Commission Attn: Chief, Docketing & Service Branch Washington, DC 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, DC 20555 Charles W. Elliott, Esquire Brose and Pswistilo 1101 Building lith & Northampton Streets Easton, PA 18042
Martha W. Bush, Esquire Kathryn S. Lewis, Esquire-1500 Municipal Service. Building 15th and J.F. Kennedy Boulevard Philadelphia, PA 19107 John E. Flaherty, Jr., Esquire Fred T. Magaziner, Esquire Lois'Reznick, Esquire .
3400 Center Square West 1500 Market Street Philadelphia, PA 19102 Jay M. Gutierrez, Esquire U.S. Nuclear Regulatory Commission Region I 631 Park Avenue King of Prussia, PA 19406
'l ROBERT J. SUGAR $AN Dated: December 26, 1984 1
I