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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:OTHER LEGAL DOCUMENT
MONTHYEARML20246F1471989-08-25025 August 1989 Settlement Agreement.* Certificate of Svc Encl 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 ML20245H8491989-08-14014 August 1989 Notice of Change of Address.* Advises of Council Change of Address for Svc of Documents 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 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 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 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 ML20246N7701989-07-0303 July 1989 Notice of Appointment of Adjudicatory Employees.* Advises That Jh Conran & Rl Pedersen Have Been Appointed as Commission Adjudicatory Employees to Advise Commission on Issues Re Proceeding.W/Certificate of Svc.Served on 890705 ML20246P0871989-06-30030 June 1989 Rept of Parties.* Parties Agree That Further Exam of Large Hydrogen Recombiner Unnecessary Since Units Already Equipped W/Recombiners & Larger Recombiners Would Be Be Cost Beneficial.W/Supporting Documentation & Certificate of Svc ML20246P0791989-06-30030 June 1989 First Rept of Parties on Implementation of Stipulation for Settlement & Dismissal of Graterford Inmates Contention.* Standardized Lesson Plan for Providing Training to Dept of Corrections Personnel Approved.W/Certificate of Svc ML20245J6611989-06-22022 June 1989 Corrected Certificate of Svc.* Certifies Svc of Applicant 890621 Reply Memorandum in Support of Motion for Clarification Or,Alternatively,For Exemption,On 890622 ML20245A7531989-06-13013 June 1989 Notice of Substitution of Appearance.* Advises That Commonwealth of PA & Agencies Will Be Represented by Author Hereafter.W/Certificate of Svc ML20244D4861989-06-12012 June 1989 Notice of Change of Address.* States New Address for Svc of Documents.W/Certificate of Svc ML20246P0491989-05-16016 May 1989 Notice of Prehearing Conference.* Prehearing Conference Will Be Held on 890606 in Philadelphia,Pa to Consider Contention Re Design Alternatives for Mitigation of Severe Accidents at Plant.W/Certificate of Svc.Served on 890517 ML20246H2381989-05-0909 May 1989 Establishment of Board.* Board Will Consist of Mb Margulies, Chairman & J Harbour & Fj Shon,Members.W/Certificate of Svc. Served on 890512 ML20244D6211989-04-18018 April 1989 Notice of Prehearing Conference.* Prehearing Conference Will Be Held on 890512 Re Contention Questioning Radiological Emergency Response Plan Compliance w/10CFR50.47(b)(15). Certificate of Svc Encl.Served on 890419 ML20244C8761989-04-14014 April 1989 Establishment of Aslb.* Board Will Be Comprised of Mb Margulies,Chairman & J Harbour & Jr Kline,Members.W/ Certificate of Svc.Served on 890418 ML20195D0321988-06-16016 June 1988 Notice of Assignment of Listed ASLAP Members to Serve as ASLBP for OL Amend Proceeding.Served on 880616 ML20197E2531988-05-12012 May 1988 Air & Water Pollution Patrol Notice of Appeal to Memorandum & Order (Granting Licensee Motion for Summary Disposition Re ASLBP 87-550-03-LA).* Appeals ASLB 880505 Decision Re Iodine Spiking Amend ML20236P7711987-11-12012 November 1987 Memorandum (Memorializing Two Conference Calls).* Served on 871116 ML20236H2901987-10-28028 October 1987 Notice of Reconstitution of Board.* Judge Ga Ferguson Appointed in Place of Judge PA Morris.As Reconstituted,Board Comprised of Listed Judges.Served on 871029 ML20236N9431987-07-28028 July 1987 Notice of Hearing on Issuance of Amend to Facility Ol.* Page 4 Corrected to Reflect Signature of ASLB Chairman Alone ML20236E6611987-07-28028 July 1987 Notice of Hearing on Issuance of Amend to Facility Ol.* Date That Hearing Ultimately Held Dependent Upon Whether One or More Contentions Suitable for Hearing Develop in Prehearing Procedures.Served on 870729 ML20215J5451987-06-11011 June 1987 Notice of Appearance.* RM Weisman Enters Appearance Re Plant.Certificate of Svc Encl ML20215K9111987-05-0707 May 1987 Establishment of Aslb.* Sj Wolfe,Chairman & Rf Cole & PA Morris,Members.Served on 870508 ML20207D0931986-12-23023 December 1986 Notice of Appeal of ASLB 861114 Decision Ruling on Del-Aware Unlimited,Inc Motion to Reopen Proceedings for Further Consideration of Environ Impacts of Proposed,But Not Yet Incurred.Certificate of Svc Encl ML20214H0121986-11-25025 November 1986 Notice of Appeal by Graterford Inmates Re ASLB 861110 Decision.W/Certificate of Svc ML20215L8851986-10-24024 October 1986 Notice of Aslab Reconstitution.Cn Kohl,Chairman & Gj Edles & Ha Wilber,Members.Served on 861028 ML20214R4521986-09-18018 September 1986 Notice of Appeal from ASLB 860905 Suppl to Third Partial Initial Decision Served on 860909 ML20214N5081986-09-11011 September 1986 Notice That J Asher Will Be Witness at 860922 Hearing on Remanded Issue Re Manpower Mobilization at State Correctional Institution at Graterford,Pa.W/Certificate of Svc ML20214L5091986-09-0808 September 1986 Notice of Appeal from Aslab 860828 Order ALAB-845. Certificate of Svc Encl ML20202G1961986-07-10010 July 1986 Comments & Request for Evidentiary Hearing on Util Proposal for Resolution of Remanded School Bus Driver Issue for Oj Roberts & Spring-Ford Area School Districts.Withdrawal of Appearance Encl ML20206D8901986-06-17017 June 1986 Responds to Aslab 860603 Order Requesting Response to Certain Questions Re ASLB Fourth Partial Initial Decision & 850612 Order.Certificate of Svc Encl ML20206D6521986-06-16016 June 1986 Response to Aslab 860603 Order Re State of Record on Emergency Planning for Graterford.No Procedural Irregularity Occurred for Reasons Discussed.Certificate of Svc Encl ML20138B0141986-03-18018 March 1986 Certifies Svc of ASLB 860314 Notice of Prehearing Conference & Memorandum & Order,Consolidating Proceedings & Setting Schedule for Identification of Issues,On 860314.Served on 860319 ML20141N8181986-03-14014 March 1986 Notice of 860327 Prehearing Conference in Philadelphia,Pa Re Util 851218 Application for Amend to License NPF-39,allowing Extension of Time to Perform Valve Tests.Served on 860317 ML20141N7761986-03-13013 March 1986 Notice of ASLB Constitution.Iw Smith,Chairman & Rf Cole & Ga Linenberger,Members.Served on 860314 ML20137U7501986-02-12012 February 1986 Notice of ASLB Constitution.Iw Smith,Chairman & Rf Cole & Ga Linenberger,Members.Served on 860214 ML20137K9791985-12-0202 December 1985 Response Objecting to Licensee Proposal for Resolution of Remanded Issue Re Licensee Medical Arrangements for Contaminated Injured Onsite Personnel.Adjudicatory Hearing Requested.W/Certificate of Svc ML20136E1401985-11-18018 November 1985 Proposal for Resolution of Remanded Issue from Second Partial Initial Decision ALAB-819 Re Medical Arrangements for Contaminated/Injured Onsite Personnel.One Oversize Map & Certificates of Svc Encl ML20134A7871985-11-0606 November 1985 Notice of 841204 Oral Arguments in Bethesda,Md on Appeals of Graterford Inmates & Air & Water Pollution Patrol from ASLB 850722 Fourth Partial Initial Decision LBP-85-25 ML20133F7641985-10-0909 October 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20133F3021985-10-0404 October 1985 Notice of Receipt of Encl 850927 Air & Water Pollution Patrol Motion to Reopen Record on New Commonwealth of PA, Div of Environ Resources Regulations Re Gross alpha,Ra-226 & Ra-228.Served on 851008 ML20134N3581985-08-30030 August 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20126M8291985-07-26026 July 1985 Notice of Appeal Re Fourth Partial Initial Decision (on Offsite Emergency Planning Contentions Re Graterford). Opposes Lack of Requirement for Training Drivers Who Would Evacuate Prisoners.Served on 850801 ML20127A0171985-07-26026 July 1985 Notice of Appeal by Air & Water Pollution Patrol Re Fourth Partial Initial Decision on Offsite Emergency Planning Contentions Concerning Graterford ML20126K9821985-07-25025 July 1985 Notice of Appeal of ASLB 850722 Fourth Partial Initial Decision ASLBP 81-465-07 Ol,Dismissing Graterford Inmates 850711 Appeal Involving 5 of 6 Denied Contentions Rejected by ASLB 850702 Order.Certificate of Svc Encl ML20128Q2211985-07-24024 July 1985 Memorandum CLI-85-13 Determining That Limerick Ecology Action Comments Do Not Warrant Staying Effectiveness of Partial Initial Decisions LBP-84-31 & LBP-85-14 Re Authorization to Issue Full Power License.Served on 850725 ML20129D1451985-07-11011 July 1985 Notice of Appeal Requesting That Aslab Review ASLB 850702 Order Re Graterford Inmates Exception to ASLB 850612 Order 81-465-07 OL Admitting Only Two of Eight Proposed Contentions.Certificate of Svc Encl 1989-08-09
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t -L i D3CYETED USNFC UNITED STATES OF MERICA '84 OCT 23 P2:50 NUCLEAR REGUIRIORY COEISSION Before the Cm mission In the Matter of )
Philadelphia Electric Cmpany Docket No. 50-352 b
) 50-353 O L _.
(Limerick Generating Station, )
Units 1 and 2) )
APPLICANT'S OPICSITION 'IO PETITION FOR REVIEW OF AIAB-785 BY DEL-AWARE UNLIMITED, INC.
Prelindnary Statement on October 10, 1984, intervanor Del-Aware Unlimited, Inc.
(" Del-Aware") petitioned the Ccanission for review of AIAB-785, issued Septanber 26, 1984.1/
Pursuant to 10 C.F.R. 52.786 (b) (3) , Applicant Philadelphia Electric Ccznpany (" Applicant") opposes Del-Aware's request on the grounds _ that, with respect to the alleged errors assigned, Del-Aware has failed to show that AIAB-785 is erroneous with respect to any inportant question of fact, law or Cmmission policy. Del-Aware enumerates several particular areas or findings which it wishes the Ccmnission to review, but does not explain, as required by the rules, why each matter involves an important question which the Ccmnission should consider. Instead, Del-Aware only raises issues which it
-1/ Philadelphia Electric Ccupany (Limerick Generating Station, Units 1 and 2) , AIAB-785, 20 NRC (Septanber 26, 1984). In an Order issued October 10, 1984, the Appeal Board denied Del-Aware's petition for reconsideration of two aspects of AIAB-785.
8410240338 841023 PDR ADOCK 05000352 O PDR <j
7-p i .-
abandoned by its . failure to brief them,E or on which the factual record overwhehningly supports the . findings of the Licensing Board and Appeal Board in ' favor of Applicant. Nreover, none of these matters involves any critical issue of importance to the Ccanission.
Argument For convenience, each of Del-Aware's points will be addressed seriatim.
- 1. The Appeal Board did not, as alleged, fail to consider the decisions of the Pennsylvania Public Utility Ccanission ("PUC") and the Environmental Hearing Board ("EHB") . The Appeal Board stated:
Apart frcan the facts that, in many instances, these rulings are not final and that overall the situation is rather dynamic, we nust decide only the federal questions before us, without being unduly influenced by the decisions of ~ others with differing concerns and responsibilities.3_/
Further, Del-Aware fails to note that it sought to inject these matters into the pr-3tng well after the time for admitting timely con-tentions. Yet, Del-Aware made no showing _ below that it had satisfied the requirements for pleading late contentions and reopening a closed 2/ In its Order denying reconsideration of AIAB-785, the Appeal Board stressed that Del-Aware's briefing left nuch to be desired and in fact found itself " forced to conclude that Del-Aware has been either. duplicitous in its pet 4 tion for reconsideration or shockingly unfamiliar with the content and timing of its own filings over the course of this proceeding." AIAB Order at 3 (October 10, 1984). The Appeal Board also noted its previous caveat in AIAB-785 that Del-Aware must bear the risk of the poor quality of its briefing. Id.
3_/ AIAB-785 at 64.
i
~t
- g reco'rd to pursue the matters litigated before the two State agencies.O In any event, Del-Aware has failed to show that the NRC could, or
.'should, take any additional action .as a result - of the potential for erosion in the East Branch Perkimen Creek beyond that which has already been inplemented by the two Pennsylvania agencies.
A' separate aspect raised by Del-Aware pertains to an internal memorandum prepared by Applicant's representative at a D + 4 r 12, 1972 meeting with Applicant's consultant. It similarly provides no basis for review.- The memorandum merely states that channelization would have a far greater adverse inpact en stream ecology than any erosion expected frm increased flows. The memorand s stated that no further erosion or very little little erosion, however, was anticipated. 'Ihis conclusion-4 -is consistent with the evaluation in the Environmental Report at Section 5.1.3.3 and the Final Environmental Statement at Section 5.5.2.3 that i-see minimal erosion might occur in the upper reaches of the East Branch during-an initial period of stream channel stabilization.
- 2. Del-Aware's claims regarding 'disrolved oxygen levels in the Delaware River were abandoned on appeal. In AIAB-785, the Appeal Board 4
remanded for further hearings on salinity inpacts, not dissolved oxygen levels, in the Delaware River. As the Appeal Board rulod in denying 4/ '
Thus, notwithstanding the fact that it litigated many issues before the Pennsylvania PUC and EHB, Del-Aware failed to bring its
. contentions before the NaC in a timely fashion. Rather, it waited
. until those agencies had rendered their respective decisions.
5/ On October 17, 1984, Applicant sought Camission review of this ruling as - well as the ruling permitting further hearinga on potential esthetic inpacts to the Point Pleasant Historic District.
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reconsideration, " Del-Aware's brief and oral argument before us focused on the salinity of the Delaware River and the Licensing Board's ruling that it was precluded by the Delaware River Basin Ccmpact from c.onsider-ingthismatter."5 Del-Aware simply abandoned this issue as it relates to dissolved oxygen levels and has shown no reason why the Appeal Board should have addressed it, nor any reascm why the Ccmnission should itself take up the issue.E There is no allegation of error, for exanple, in the discussion of diversion impacts upon dissolved oxygen levels in the Section 5.3.2.3 of the Final Envirorsnental Statement, which states that "there will be no significant effect on concentrations of dissolved oxygen . . . even during low flow and stenertime flow conditions." '
As regards alleged inpacts of the Point Pleasant diversion upon American shad and shortnose sturgeon, the Appeal Board correctly found that Del-Aware had failed "to challenge any of the Licensing Board's extensive factual findings that undergird its conclusion of 'no signifi-cant adverse effect on the Delaware River populations of either American shad or shortnose sturgeon.'"U There is sinply no basis in the record 6/ AIAB Order at 2 (October 10, 1984).
7/ Del-Aware has even failed to show that it squarely addressed the issue of dissolved oxygen before the Appeal Board. Additionally, for the reasons- expressed separately in Applicant's Petition for Review of ALAB-785, filed October 17, 1984, Applicant believes that the entire issue of downriver water quality inpacts associated with flow levels of the Delaware resulting fran the allocation by the Delaware River Basin Ccanission for Limerick should be considered by DRBC rather than the NBC.
8/ AIAB-785 at 52-53.
r ,
w l
for Del-Aware's vastly exaggerated claim tnat, as a result of Point Pleasant withdrawals for Limerick, these populations "will be reduced by tens of thousands."S Finally, the Appeal Board properly distinguished between' the National Marine Fisheries Service's conclusion of no likely jeopardy to the shortnose sturgeon, based on the-best available scien-tific and camercial data, and the Service's recmmendation that further studiesbeconducted.EI
- 3. There is no reason for the Cm mission to review the scheduling of expedited hearings on the issue of enviromental impacts associated with the Point Pleasant diversion. As the Appeal Board correctly held, Del-Aware "did not even object to the Board's hearing schedule at the time it was announced," and later requested a postponment only a week prior to the hearing after trial briefs and written testimony had been filed.EI Moreover, the Appeal Board properly held that "no prejudice to Del-Aware [resulted] frm the conduct of early hearings" and there was "no . violation of NEPA."N First, the Licensing Board held early haarings only to evaluate specific impacts related to the Point Pleasant project, a small and discrete portion of the overall project reviewed in 9/
Del-Aware's Petition for Review of AIAB-785 at 3. The shad mortality rate by natural causes is quite high. As the Licensing Board found: "Less than one percent of these eggs would hatch even if they were not affected by the intake." Limerick, supra, IBP-83-11, 17 NBC at 455.
M/ AIAB-785 at 56.
M/ ALAB-785 at 24.
12/ Id. at 19.
the Limerick FES. The Board recognized that resolution of the ultimate
. cost / benefit balance for Limerick could not be determined prior to the issuance of the FES.E! The Appeal Board therefore correctly dete..nined that expedited hearings were " reasonably grounded in [the Licensing Board's] legitimate desire to avoid the same potential adverse environ-mental impacts that prmpted Del-Aware's interest in the proceeding in the first place."E The scheduling of expedited hearings under the special ciretsnstances of this case does not give rise to any significant issue of law or policy for the Camission to decide.
'4. As a related matter, the Appeal Board also correctly found that early hearings "did not impermissibly interfere with the staff's role or cupunise its objectivity" inasmuch as the " staff independently con-ducted its environmental review and prepared its own testimony for the hearing."E - Wis evidentiary matter does not warrant Cmmission review.
- 5. With regard to whether a second unit at Limerick will ultimate-ly be constructed and ope /ated, the Licensing Board repeatedly ruled, and the Appeal Board agreed, that the issue is problematical at best.
% e Appeal Board stated:
What Del-Aware is seeking, in ' fact, is an order directing VECo to abandon Unit 2 and to rely on a source of supplanentary cooling water for the remaining Unit 1 other than the Delaware River via the river-follower method. But we have no legal basis here for making such an order. mere is no 13/ Id. at 21.
14/ Id. at 22.
15/ Id. at 23.
- c O.
question that PECo has scme formidable obstacles to surmount if it is to operate both Limerick Units 1 and 2 in the manner currently proposed. Whether PECo will change its plans to effect an easier resolution of the problens confronting it is a matter for PECo's management, and possibly its shareholders, to decide. But the fact is we now have' before us PECo's application for a license to operate two units, using the river-follower method to supplement the plant's cooling water systen.
... [W]e are without the legal predicate to dictate to PECo that it must pursue other options.16/
As the Director of Nuclear Reactor Regulations succinctly stated in denying a Section 2.206 petition by Del-Aware on the same point, "PECO has availed italf of its legal renedies to ensure that the { Point Pleasant] Project will go forward as currently configured. . . . [F}ar fran proposing an alternative to the Point Pleasant Diversion Project, PECO's current actions appear clearly directed at ensuring that the PPD Project goes forward."E! Both the Licensing Board and Appeal Board properly denied the admission of any contention seeking to raise the speculative assunption that Unit 2 might not be built. Even assuming only one unit is operated, the Boards correctly found that the supple-nentary cooling water needs for a single unit would not be substantially 16/ AIAB-785 at 62-63. Like the Licensing Board, the Appeal Board stated that Applicant would be obliged to modify its pending application and notify the boards and parties prcmptly if in fact its plans for a supply of supplementary cooling water were to change. Id. at 63 n.163.
17/ Limerick, suara, DD-84-13, 19 NBC 1137, 1141 (1984). On May 24, 1984, counse. for Del-Aware was notified that on May 21, 1984, the time for Ccunission review of that decision had expired.
3 different.EI Accordingly, further exploration of alternatives at the operating license stage was unwarranted and properly rejected.
- 6. Se Appeal Board correctly found that Del-Aware's claims
' regarding alleged esthetic impacts to the Delaware Canal were also late
' without good < cause. In AIAB-765, the Appeal Board determined that Del-Aware - should be permitted an opportunity to subnit contentions relating to the inpact of the Point Pleasant project on the Point PleasantHistoricDistrict.N! S e Appeal Eoard properly held, nonethe-less, that " Del-Aware is clearly injecting a new element into its contention" by raising a new concern "about the effect of the sound barriers on the Canal".E The Appeal Board held that Del-Aware should have L raised this issue at the time its concern arose. Here again, Del-Aware has shown no error in this ruling, nor has it demonstrated its satisfaction of the test for admitting late contentions and reopening the record.
J8/ AIAB-785 at 57-60. On reconsideration, the Appeal Board reaffirmed its determination that other alternatives (e.g., the Blue Marsh Reservoir) to the existing project would not bc enhanced by the possibility that only one unit would be constructed. We Appeal Board stated: " Del-Aware provides no basis for reconsideration of our judgment. To the extent it raises new arguments not previously presented to either us or the Licensing Board, again Del-Aware is decidedly more than a day late and a dollar short." AIAB Order at 4 (October 10, 1984).
J9/ AIAB-785 at 42-45. As noted in footnote 5, supra, Applicant disagrees and has sought Ccenission review on this point.
~20/ AIAB-785 at 49. In the Partial Initial Decision on Del-Aware's contentions, the Licensing Board imposed a condition requiring Applicant to perform noise tests once the ptmping station was operational, and to mitigate audible noise offsite (e.g., by sound barriers) if necessary. See AIAB-785 at 46-47.
' 'o ;
y Conclusion For the reasons discussed more fully above, Del-Aware has shown no reason why the Cmmission should review issues which it failed to subnit timely' or properly brief before the Boards below. Moreover, no proce-
- dural or substantive error has been demonstrated. Finally, no signifi-cant issue of fact, law or policy requiring Ccenission review has even been asserted. Accordingly, the petition should be denied.
Respectfully subnitted, CONNER & WETIERHAHN, P.C.
s k
/Q Troy B. onner, Jr.
)LKfj* '-
Robert M. Rader Counsel for the Applicant .
October 23, 1984
y -
Fs) ~
F r
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION lIn the Matter of )
)
Philadelphia Electric Company ) Docket Nos. 50-352
) 50-353 (Limerick ~ Generating Station, -)
Units 1:and 2) )
CERTIFICATE OF SERVICE 4
I hereby certify ~that copies of " Applicant's Opposition to Petition for Review of ALAB-785 by Del-Aware Unlimited, Inc.," dated October 23, 1984~ in the captioned matter have
- been served upon the following by deposit in the United States mail this 23rd day of October, 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.iRoberts, commissioner Dr. Reginald L. Gotchy U.S. Nuclear Regulatory Atomic Safety and' Licensing h Commission Appeal Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission James K.fAsselstine, 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
LW- i
. Helen F. Hoyt, Esq. Atomic Safety and Licensing
' Chairperson- . Appeal Panel e i.. 1 Atomic Safety and- -U.S. Nuclear Regulatory
~
iLicensing 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 Washiagton,-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.
s 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
m- 1 l
'6 Charles W. Elliott, Esq. Spence W. Perry, Esq.
Brose and Postwistilo Associate General Counsel 1101 Building Federal Emergency lith 4 Northampton Streets Management Agency Easton, PA 18042 500 C Street, S.W., Rm. 840 Washington, DC 20472 Phyllis Zitzer,- Esq.
' Limerick Ecology Action Thomas Gerusky, Director P.O. Box 761 Bureau of Radiation 762 Queen Street Protection Pottstown, PA 19464 Department of Environmental Resources Zori G.-Ferkin, Esq. 5th Floor, Fulton Bank Bldg.
Assistant Counsel Third and Locust Streets Commonwealth of Pennsylvania Harrisburg, PA 17120 Governor's Energy Council 1625 N. Front Street James Wiggins Harrisburg, PA 17102 Senior Resident Inspector U.S. Nuclear Regulatory Jay M. Gutierrez, Esq. U.S. Commission Nuclear Regulatory P. O. Box 47 Commission Sanatoga, PA 19464 631 Park Avenue King of Prussia, PA 19406 Timothy R.S. Campbell Director Department of Emergency Services 14 East Biddle Street West Chester, PA 19380
' 2,
' ~ '
Robert M. Rader "