ML20101Q797
| ML20101Q797 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 01/03/1985 |
| From: | Anthony R ANTHONY, R.L., FRIENDS OF THE EARTH |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#185-957 OL, NUDOCS 8501080297 | |
| Download: ML20101Q797 (1) | |
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AL U. S. NUCLSIR EEGULATORY CO$..lS3 ION........ ATOMIC D FETY AND LIC-NSING BOERE ~
c Re: PHILA.ELEC. CO.
Linerick Gen.Sta.
Unito 1 & 2.
Docket No.
50-352,353
)
Janue.ry 3,1985 MOTION BY R.L. ANTHONY /F0E TO SUBPOENA RONALD WAGEN?'1HN TO TESTIFY AS TOWNSHIP MANAGER OF UPPER MERION ON OUR CONTENTION LEl-24/F0E-1 AS IT APPLIES TO-EING.
OI' PRUSSIA AND VALLEY FORGE PARE,BOTH WITHIN THE TOWMSHIP.
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We ease to the hearing today prepared to cross ~ examine Mr. Wagegasmn.as-e witness whom LEA had served on our behalf to ayyear at 1: ym.
Mr.Wagenmann did ~
not ayyear, ati& we were informed by LEA that they had agreed to a rgyulationquith ht n cp PECe and he had 1 peen informed that he would not have to ayyear. We infirmed the
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a B*a d that we esuld not agree to any stipulation which prevented Mr.Wagenmann r
from testifying en the substance of our sentention as accepted by the Board (below):
These areas (Valley Ferge Park and King of Prussia,as toAnthony/F0E'scon-tantion) shoul'd either be included in the Emergency Planning Zone or adequate plans for traffie control and direction skeuld be made to avoid adverse effects en the EPZ evacuation.
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There is no way for our case as it relates to the inglusien of King of Prussia
- t. k f aWIy tcan5 eleved a
in EPZ er traffie control and direction theur,unless semeene whe knowsthe situation and has authority, testifies before the Board and the specifie details are recorded in the transcript.
Without this our contention will have been arbitrarily elesed out without a hearing and the reeerd will be incomplete. InYa' written request to the Upper Merien Board of Supervisers we.7 asked the" supervisors to testify and to authorize Mr.Wagenmann-to reyresent the township.
It'did not seen yessible for the Supervisers to ayyear but Mr.Wagenmann is available to onswer a subyeena.
We,therefore, request that the Board honor our right to call a witness to our testify en our contention and that witness, Ronald Wagenmann,be issued a subysena to testify en behalf of J.nthony/F0E en Monday 1/7/85at12noener~as,seenthere-after as the Board can arrange.
C.
We call the Bo rd's attention to the Memorandum and Order.of AB, dated 12/14/84 a
in response to our ayyeal of 12/10/84(y.3)
"_1 yarty's eyyertunity for cross-examination is not to be taken lightly; it is an important ingredient of a fair hearing.", 13-further sets forth the basis for review under 10 CFR sec. 2 718 (i) and 2 785 (b) (1):
(AB12/14/84p.2.)
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1 yarty se' eking (review by this means must show that,the Licensing Bo rd's a
action "either a) threatens the party adversely affected with immediate and serious irrepar ble harm which could not be remedied by a later ayyeal, a
or (b) affects the A sie structure of the proceeding in a yervasive er unusual manner.n 8501080297 850103 PDR ADOCK 05000352 O
PDR We assert that the Board's action today in cutting off the possibility of Mr.Wagenmann testifying en eur behalf en the full extent of our sentention threaten
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us with the less of our contention,which is an" irreparable harm" and prejudices
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our case and"the ba ic strueture of the proceeding".
s Res ly,sub itted_,
D T W a'N ~ S E b g s 1,Decketing Setv.E M N k R W i h "
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