|
---|
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
[Table view] |
Text
_ _ _ _ _ _ _ _ _
it8
, II. BACKGROUND On March 15, 1985, Philadelphia Electric filed an application with 1
the DRBC under Section 3.8 of the Delaware River Basin Compact for an interim supply of supplemental cooling water from the Blue Marsh Reser- '
voir or other Basin water supply storage on or near the Schuylkill River.
Philadelphia Electric requires interim supplemental cooling water because the Delaware River water previously allocated by the DRBC for the Limer-ick Nuclear Station is not yet available. Philadelphia Electric's request is limited to the remainder of the year 1985.
On May 7, 1985, the DRBC held a hearing on Philadelphia Electric's l
request in which Romano /AWPP mada an appearance and comented on the request. '
The DRBC denied Philadelphia Electric's request on May 29, 1985 insofar as it pertained to interim supplemental cooling water. On May 21, 1985 Romano /AWPP filed the instant petition.
III. DISCUSSION A. The Delaware River Basin Conunission is the proper forum for AWPP's complaints.
AWPP's motion alleges that public harm will proceed from the licensing of Limerick because "[PECo] now seeks water to further threaten the public."
Presumably, AWPP refers to Philadelphia Electric's application of March 15, 1985 to the DRBC for a temporary supply of water for 1985 to implement the ascent to power program leading to commercial operation of the Limerick station. See, letter from Edward G. Bauer, Jr., Vice President, Philadelphia Electric to Susan Weisman, Secretary, DRBC, dated March 15, 1985, forwarding l -
PhiladelphiaElectric'sapplication.1/ In the Staff's view, the matter raised by AWPP is squarely within the jurisdiction of the DRBC. In a re-lated matter, the Appeal Board, in response to a petition filed by Interve-
~
nor Anthony /F0E asking the Appeal Board to order Philadelphia Electric to -
withdraw its March 15 application to the DRBC, noted that it lacked the l authority to stay PECo's pursuit of its application before the DRBC and that the DRBC was the proper forum for Anthony /F0E's complaints concerning Philadelphia Electric's March 15 application. See, Memorandum and Order, May 2, 1985. The Appeal Board's analysis of Anthony /F0E's April 29, 1985 petition is equally applicable to the instant motion. 2_/ For the reasons given in the Appeal Board's Memorandum and Order of May 2, 1985, the Licensing Board should dismiss AWPP's motion.
B. AWPP's motion is moot in that the DRBC has denied the part of Philadelphia Electric's application to which AWPP objects.
On May 29, 1985, the DRBC denied Philadelphia Electric's March 15 application to use water on an interim basis from water supply storage on
~
1/ The application was sent to the Appeal Board with copies to parties to the Limerick proceeding by Philadelphia Electric's counsel on March 19, 1985.
,2_/ In its Memorandum and Order the Appeal Board stated:
Although matters concerning PECO's use of the Delaware L River in connection with the operation of Limerick have been the subject of earlier NRC adjudicatory hearings, this Comission has no legal authority to order PECO to withdraw a filing before another agency. See, generally ALAB-785, supra, note 1, 20 NRC 848. As we explained in that decision, we can rule on only the federal issues in connection with an application filed with the NRC for authority to conduct Mtivities within this agency's (F0OTNOTE CONTINUED ON NEXT PAC )
D a
the Schuylkill River. E Thus, AWPP's motion is moot in that the relief sought from the Licensing Board has been granted by the DRBC. Therefore, the Licensing Board should dismiss AWPP's mo' tion for mootness.
C. AWPP's motion does not satisfy the Commission's criteria for opening a closed record.
In view of the foregoing, the Staff believes the Licensing Board should dismiss AWPP's motion for lack of jurisdiction and for mootness; however, in the event the Licensing Board determines that it has the requisite jurisdiction to reopen the record on the matters raised by AWPP, then the Staff submits that the Licensing Board should deny the motion on the basis that it fails to satisfy -- or even address -- the Commission's standards for reopening a closed record. The standards are well-established and the three-part test is:
- 1) Is the motion timely?
- 2) Does it address significant safety (or environmental) issues?
- 3) Might a different result have been reached had the newly proffered material been considered initially?
Louisiana Power and Light Company (Waterford Steam Electric Station, Unit 3),
ALAB-753, 18 NRC 1321, 1324 (1983); Metropolitan Edison Co. (Three Mile (FOOTNOTE CONTINUED FROM PREVIOUS PAGE) regulatory jurisdiction. Memorandum and Order at 2.
(emphasis in Memorandum and Order).
-3/ Notice of Commission Action, Docket No. D-69-210 CP (Final) (Re-vised), issued June 3, 1985.
Island Nuclear Station, Unit No. 1), ALAB-738, 18 NRC 177, 180 (1983). The Staff will discuss these standards in turn.
(1) Timeliness Although AWPP has not addressed the criteria for reopening a closed record, it has briefly commented on the five factors to be considered pursuant to 10 C.F.R. 52.714(a)(1) in evaluating late-filed contentions.
In addressing the' first factor, good cause for late filing, AWPP states that its motion is timely in that DRBC's decision to declare a drought emergency took place on May 13, 1985. If AWPP's motion wholly depended on information in the DRBC decision to which reference is made, then the Staff might agree that the motion is timely. However, the motion seems to relate not to the declaration of a drought emergency but to Philadelphia Electric's March 15 application. Therefore, as it was filed more than two months after Philadelphia Electric filed its application with the DRBC, AWPP's motion should not be considered timely.
(2) Whether the motion raises a significant safety or environmental issue The motion does not squarely raise any issue -- much less a signifi-cant environmental issue. AWPP seems to object to Philadelphia Electric's application to the DRBC for interim supplemental cooling water to be supplied from storage on the Schuylkill River. The basis for AWPP's objec-tion seems to relate to competing needs for water, namely the needs of the customers of the Philadelphia Water Company and the Chester County water authority. Whatever may be the merit of AWPP's concerns, they do
-not relate to environmental concerns cognizable in NRC proceedings, but
. rather to allocation decisions within the jurisdiction of the DRBC. AWPP has not satisfied the second criterion required of a party seeking reopening.
(3) Whether a different result might have been reached The third criterion that a party requesting reopening must address is whether a different result might have been reached if the newly proffered material had been considered initially. The Licensing Board's first 4
Partial Initial Decision / decided contentions concerning the environmental impact of the operation of the Supplemental Cooling Water System located on the Delaware River at Point Pleasant, Pennsylvania. The Point Pleasant diversion when completed will provide a permanent source of supplemental cooling water for the Limerick Station. AWPP's motion to reopen concerns an interim source of supplemental cooling water to be used temporarily during the remainder of 1985 whenever the primary source, the Schuylkill River, is unavailable for cooling because of flow and temperature limita-tions imposed by the DRBC. 5_/ Nothing AWPP has offered would change the result reached in the first PID.
In conclusion, AWPP's petition is untimely; it does not raise a significant environmental issue cognizable in NRC proceedings; and con-sideration of the matters raised would not change the results reached in the proceeding. Thus, the motion fails to satisfy the criteria for re-opening and should be denied.
4/.- LBP-83-11, 17 NRC 413 (1983).
5/ In its decision of May 29, 1985, the DRBC granted Philadelphia Elec-tric's request to substitute monitoring for dissolved oxygen for the (FOOTNOTE CONTINUED ON NEXT PAGE)
D. AWPP has not satisfied the five criteria for admitting a late contention.
A party seeking to raise a new, pieviously uncontested issue through a motion to reopen the record must satisfy not only the standards for ,
reopening but also the late-filed contention criteria set forth in 10 C.F.R.
62.714(a)(1), 5/ acific P Gas and Electric Co. (Diablo Canyon Nuclear Power Plants, Units 1 and 2), CLI-82-39, 16 NRC 1712, 1714-15 (1982), including the Catawba Appeal Board's three part test for good cause. E (FOOTNOTE CONTINUED FROM PREVIOUS PAGE) temperature limitation. However, AWPP's concern does not seem to relate to this feature of Philadelphia Electric's March 15 application.
~
6/ Section 2.714(a)(1) provides that nontimely petitions to intervene or requests for hearing will not be entertained absent a determina-tion by the Licensing Board that the petition or request should be granted based upon a balancing of the following factors: .
(1) good cause, if any, for failure to file on time; (ii) the availability of other means to protect petitioner's interest; (iii) the extent to which petitioner's participation may reason-ably be expected to assist in developing a sound record; (iv) the extent to which existing parties will represent the petitioner's interest; and (v) the extent to which petitioner's participation will broad-en the issues or delay the proceeding.
7/ The Catawba Appeal Board's three part test for good cause requires a finding that the late-filed contention: "(1) is wholly dependent upon the content of a particular document; (2) could not therefore be advanced with any degree of specificity (if at all) in advance of the public availability of that document; and (3) is tendered with the requisite degree of promptness once the document comes into (F0OTNOTE CONTINUED ON NEXT PAGE) 6
~
, (1) Good Cause As noted earlier, in addressing " good cause," AWPP states that its request is timely in that the DRBC's decision to declare a drought emer-gency took place on May 13, 1985. However, contrary to AWPP's assertion, the motion does not satisfy any of the Catawba criteria for determining whether there is good cause for the late filing of a contention. As dis-cussed supra, AWPP's motion depends not on DRBC's declaration of a drought emergency on May 13, 1985, but on Philadelphia Electric's March 15 appli-cation for interim suppl.emental water. 8/ Because the motion is wholly dependent on the March 15 application, one must find lack of good cause, as the motion was filed more then two months after the application was made available.
(2) Availability of other means to protect the movant's interest Not only do other means exist for the protection of the movant's interest but AWPP has availed itself of these other means in testifying before the DRBC in its May 7, 1985 hearing held on Philadelphia Elec-tric's request for interim supplemental water. Thus, AWPP has not pre-vailed on this factor.
l I
(FOOTNOTE CONTINUED FROM PREVIOUS PAGE) existence and is accessible for public examination." Duke Power et al. (Catawba Nuclear Station, Units 1 and 2), ALAB-687, Company, 16 NRC 46 TT T69 (1982); affirmed in relevant part,17 NRC 1041 at 1047 (1983).
8_/ In any case, AWPP has not included a copy of the document on which it purports to rely. Therefore, the Licensing Board is in no posi-tion to make a judgment about whether AWPP's proposed contention depends on information to be found there.
l
L (3) ' Assistance in developing a sound record Regarding Factor iii, assistance in developing a sound record, AWPP states that its representative, Mr. Romano, has over 20 years experience in environmental analyses, in particular water, and that he can supply facts relating to the effect of low flow 9/ and the danger to the public from increased toxic chemicals, viruses etc. The Board need not address the accuracy of these representations in considering AWPP's showing on this factor, as the issue on which AWPP claims expertisc for its repre-sentative are not raised by Philadelphia Electric's application to the DRBC for interim supplemental water. Therefore, any assistance that AWPP's expert witness might provide with regard to low flow, El etc. does not relate to the proposed contention, which, as noted above, would seem to relate to Philadelphia Electric's application to use Schuylkill River storage as a source of interim supplemental cooling water.
(4) Representation by existing parties .
In addressing Factor iv, the extent to which another party will protect the movant's interest, AWPP states that no other party has the
" contention coverage" that AWPP's representative, Mr. Romano, offers by
~
9/ The effects of low flow in the Delaware River were addressed in the '
Board's first Partial Initial Decision, in connection with the ef-fect that low flow conditions might have on the fish species of concern, shortnose sturgeon and American shad. 17 NRC 413 at 449-50.
10/ Although AWPP's motion seems to reflect a belief that the March 15 application to the DRBC would involve the use of Schuylkill River water at low flow, the fact is that Philadelphia Electric would have been ' permitted, if the DRBC had acted favorably on the application, to withdraw at Limerick only the amount of water released from up-stream storage.
virtue of his being a biochemist-bacteriologist, understanding the bio-chemistry of the interactions of organic matter, dissolved oxygen and toxic chemicals. Although Mr. Romano may be, as AWPP represents, expert in these matters, they simply do not relate to the concern expressed in 2 what the Staff takes to be AWPP's contention: that competing users, i.e., water customers -- not fish -- have a better claim to the water than Philadelphia Electric does. In addition to the fact that AWPP's expertise does not relate to its contention, the contention also suffers from not relating to an interest protectable in NRC proceedings. There-fore, this factor weighs against AWPP.
(5) Delay and broadening of the issues AWPP states that any delay that resulted in a more complete record and weighed on the side of environmental protection would merit the time required for hearing. However, contrary to AWPP's assertion, the admis-sion of any new contention at this juncture would delay the proceeding and broaden the issues. Therefore, this factor weighs against AWPP.
All five factors weigh against the admission of AWPP's late-filed contention. Therefore, AWPP's motion should be denied on the bas'is of its failure to satisfy the five factors set forth in 10 C.F.R. 9 2.714(a)(1) of the Commission's regulations.
E. AWPP fails to state a contention with the requisite basis and specificity The Commission's regulations in 10 C.F.R. 5 2.714(b) require that a petitioner set forth the basis for each proposed contention with reason-able specificity. As noted above, AWPP has not explicitly stated a con-tention, much less set forth a basis with reasonable specificity. AWPP's
, concern seems to be that suppliers of finished water to water customers have a better claim to available water than Philadelphia Electric does.
Such a contention is simply not cognizable in NRC proceedings as it rais-es no radiological health and safety or environmental issue. Therefore.
AWPP's contention. lacks reasonable basis and specificity and should be .
denied for that reason.
IV. CONCLUSION As' discussed above, AWPP's motion does not raise a concern over which this Comission has jurisdiction. Further, it is moot, in that the matter has been decided by the DRBC, the agency having such jurisdiction. For these reasons, the motion should be dismissed. In addition, AWPP has failed to make the showing required of a party seeking to reopen a closed record. AWPP has also failed to satisfy the five factors for admission of a late-filed contention and the basis and specificity requirements for the admission of a contention. Accordingly, the Licensing Board should, in the alternative, deny the motion for the reasons discussed above.
Respectfully submitted, I i
- g. D C. &
Ann P. Hodgdon Counsel for NRC Staff Dated at Bethesda, Maryland this 10th day of June, 1985 1
1
J UNITED STATES OF AMERICA-NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter.of. ) 00gETEF gC PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352 (Limerick Generating Station,
. Units.1 and 2) )
0FfliE Or SECHt. tan
BRANCH-CERTIFICATE OF SERVICE-I hereby certify that copies of ."NRC STAFF. RESPONSE TO FRANK ROMAN 0/ AIR AND WATER POLLUTION PATROL MOTION OF MAY 21, 1985 " in the above-captioned proceeding have been. served on.the.following by deposit in the United States
' mail, first class, or as indicated by an asterisk through deposit in the Nuclear. Regulatory Commission's internal mail system, this 10th day of June, 1985:
Helen F. Hoyt, Chairperson (2)
Mr. Edward G. Bauer, Jr.
Administrative Judge .
Vice President & General Counsel Atomic Safety and Licensing Board Panel Philadelphia Electric. Company U.S. Nuclear Regulatory Commission 2301 Market Street
~
Washington, D.C. 20555* Philadelphia, PA 19101 Dr. Richard F. Cole Troy B. ' Conner, Jr. ,' Esq.
Administrative Judge Mark J. Wetterhahn, Esq.'
Atomic Safety and Licensing Board Panel Conner and Wetterhahn U.S. Nuclear Regulatory Commission 1747 Pennsylvania Avenue, N.W.
. Washington .
D.C. 20555* Washington -D.C. 20006 Dr. Jerry Harbour Mr. Marvin I. Lewis Administrative Judge 6504 Bradford Terrace Atomic Safety and Licensing Board Panel Philadelphia, PA 19149 U.S. Nuclear Regulatory Comission Washington, D.C. 20555* Joseph H. White, III 15 Ardmore Avenue Mr. Frank R. Romano .
Ardmore, PA 19003 Air and Water Pollution Patrol 61 Forest Avenue
- Ambler, PA 19002 Kathryn S. Lewis, Esq.
1500 Municipal Services Bldg.
Ms. Phyllis Zitzer, President 15th and JFK Blvd.
Ms. Maureen Mulligan. Philadelphia, PA 19107 Limerick Ecology Action
- 762 Queen Street-Pottstown, PA 19464
Thomas'Gerusky, Director Zori G. Ferkin Bureau of-Radiation Protection Governor's Energy Council Dept. of Environmental Resources P.O. Box 8010 5th Floor, Fulton Bank Building 1625 N. Front Street Third and Locust Streets Harrisburg, PA 17105 Harrisburg, PA 17120 ~
Spence W. Perry, Esq.
Directoi~ Associate General Counsel Pennsylvania Emergency Management Federal Emergency Management Agency
. Agency Room 840 Basement,- Transportation & Safety 500 C Street, S.W.
Building Washington, D.C. 20472 Harrisburg, PA 17120 Robert J. Sugarman, Esq.
Robert L. Anthony Sugarman, Denworth & Hellegers Friends of the Earth of the 16th Floor Center Plaza Delaware Valley 101 North Broad Street 103 Vernon Lane, Box 186 Philadelphia, PA 19107 Moylan, PA 19065 James Wiggins Angus R. Love, Esq. Senior Resident Inspector Montgomery County Legal Aid U.S. Nuclear Regulatory Commission 107 East Main Street P.O. Box 47 Norristown, PA 19401 Sanatoga, PA 19464 Charles W. Elliott, Esq. Atomic Safety and Licensing Brose & Poswistilo Board Panel 325 N. 10 Street U.S. Nuclear Regulatory Commission Easton, PA 18042 Washington, D.C. 20555*
Atomic Safety and Licensing Appeal David Wersan Board Panel Consumer Advocate U.S. Nuclear Regulatory Commission Office of Attorney General Washington, D.C. 20555*
1425 Strawberry Square Harrisburg, PA 17120 Docketing and Service Section Office of the Secretary Jay Gutierrez U.S. Nuclear Regulatory Commission
- Regional Counsel Washington, D.C. 20555*
USNRC, Region I 631 Park Avenue Gregory Minor
~ King of Prussia, PA 19406 MHB Technical Associates 1723 Hamilton Avenue Steven P. Hershey, Esq. San Jose, CA 95125 Community Legal Services, Inc.
5219 Chestnut Street Timothy R. S. Campbell, Director Philadelphia, PA 19139 Department of Emergency Services 14 East Biddle Street West Chester, PA 19380 W ,
CW Ann P.' Hodgdon g Counsel for NRC Staff
- e ~w -w ,r, - m , - - , - - - , .,, -- y,-