ML20101S957
| ML20101S957 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 01/29/1985 |
| From: | Anthony R FRIENDS OF THE EARTH |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#185-359 OL, NUDOCS 8502050734 | |
| Download: ML20101S957 (2) | |
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- d S. NUCLEAR REGULATORY CClIMISSION... ATOMIC SAFETY AND LICENSING BOARD has PHILA. ELEC. CO. Limarick Gonarating Sta. Unito 1 & 2 Dookot.# 50-352,353 2'-
Jan. 29,1985 STATEMENT BY a.L. ANTHONY / FOE Re HEARINGS ON EMERGENCY PLANNING AND MOTION TO LB TO RECONSIDER THE FINDINS SCHEDULE AND MOTION TO ?? CALL.WITNES,SES ON WHOSE CROSS EXAMINATION WE WERE CUT OFF. 3o On 1/25/85 eur cross examination of FEMA Witnesses was aut kff STATEMENT. Inorderforthereeerdtobecompleteandforkk3 Beard to at one half hour. have adequate inform tion en our contentien on which te make a decision and en a which we could base findings, we needed at le st another hour. [I J We informed hhe a Board and were svarruled. We asked to make g statement and this request was denied by the Board. We now state that the record on our emergency planning contention is incomplete because of the arbitrary and unre son ble limitations put en our a a cross examination of witnesses by the Board. This constitutes - esprisious and J prejudicial action on the part of the Board. The Board thereby denied us due j proce'ss in this he, ring and violated our ri hts to be heard on the.thr. eats to our j health, safety and interests, guaranteed to citizens under NEPA and the Atomie Energy Act. There is evidence to show that this prejudice to our rights imposed by the Board eeuld have been met'ivated by pressure to sseed up the hearing and to arrive at a fovorable,early decision to enable PECe to operate Limerick as soon as low power testing is completed. We quote the Boar,d's statement as evidence of pressure for a speed up (tr. 14,041, 16-22)," ..all of us are being pushed to get time. We have commitments as to when we have to write decisions. " Further indication of NRC pressure to speed up the license irocess comes from the t ran s-cript of the Commission's meeting 1/8/85 On page 29 Chairman Palladino, in a discussion of the Limerisk s hedule, says, " Maybe you could enlighten me as to c why it takes so long and then, presumably,the Commission would have another 30 days for its effectiveness decision. " On page 30 (1) he comments further... -- " this says four months. I was counting at most three months. These remarks hint at the pressure under which the Board has been operating,from the top down. We claim that this pressure and the pressure that the Board created for itself resulked in cgrtailed eroes examination time,dietated by the Board,and this deprived us of our rights as a eitizen intervener to question the witnesses and thereby build a complete record en our centention. This is a denial of due process and our rights to be heard under NEPA and AEA. We claim that the Beard subverted the judistal process and caused prejudice against our ease. We,therefore, new petition the Bem,rd to review its prejudiced rulings and make restitution to us as specified below. 8502050734 850129~ PDR ADOCK 05000352' "N G PDR Li
2 __ " MOTION 1. We nova that the Beard roa d l uitnoccon oksco crece oxcmination uso out off in an unreasonable, arbitrary and prejudicial m nner by the Begrd with a the result that the record is incomplete and injustice was done to the interveners' presentation of contentions. Spesifically we move the Board to recall witnesses Klimm, Fowlass, 'Vasenmann, Urbanik, PEMA and FEMA witnesses,and the witnesses from Montgomery County whom we did not examine at all, and to provide us time to adequately cross examine these witnesses. l j 20TICN 2. We move that the Board set aside the findings schedule which it set up and to re-schedule new findings dates following the the additional testimony of the recalled witnesses. cc NRC LB Judges, Counsel.Docketting Serv. Heapectfully submitted, PECo, PEMA,FElfi, LEA, PHILA., ethers on 4 Serv. lis t. l Ber 186, Moylan,Pa. 1906 (1.) Excerpt 'from NRC January 8,1985 Commission Meeting transcript,.revided by the Secretary 1/25/85 l f 30 1 period. I 2 CHAIRMAN PALLADINO: Well, I guess I was thinicing 3 30 days for the first step, 60 days -- this says four 2nonths'. I 4 I,was counting at most three months. ( ( 5 MR. CHRISTENBURY: Weil, in the normal course, two ( l 6 months for findings and two months for a decision. But here 7 in terms of alerting the Commission to potential problems, here there are a number of circumstances whe're the emergen'cy 8 ' plans for the different counties and annir-i[palities have not 9 10 been approved, adopted, by the counties yet 11 FEMA,. I linderstand, has not cosupleted their review 12 until such time as the counties have ade-d theirs. so, 13 the testimony that FEMA is going to be operating will be 14 somewhat dependent on that. 15 So, there are a number of pot r*ials for delay in .}}