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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
[Table view] |
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'May 20, 1985 f- UNITED STATES OF AMERICA .-
NUCLEAR REGULATORY COMMISSION ,
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 00f}TED In the Matter of-j '85 My 21 g g
-PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352 0 '
50-353OL. QFFt:~
CcxEr GF 3CCRaur y
.( Limerick Generating Station, tC*
Units 1 and 2)
O NRC STAFF COMMENTS ON THE LICENSING BOARD'S MAY 9, 1985 ORDER GRANTING APPLICANT-AN EXEMPTION I. INTRODUCTION ,
~ On February 7, 1985, the Philadelphia Electric Company (Applicant),
pursuant to 10 C.F.R. 9 50.12, filed a motion before the Licensing Board seeking an exemption from the requirements of 10 C.F.R. 5 50.47(a) and (b) as they relate to the necessity of the Board to consider evacua-tion provisions of the emergency plan for the State Correctional Institu-tionatGraterford(SCIG)(Applicant'sMotion).Il On March 13, 1985, the Graterford Prisoners (Mr. Love) filed its answer opposing the Appli-cant's motion. 2/ On March 15, 1985, answers ppposing the Applicant's -
~
1/ Applicant's Motion For Exemption From The Requirements Of 10 C.F.R.
l 50.47(a) and (b) As They Relate To The Necessity Of Atomic Safety And Licensing Board Consideration Of Evacuation Provisions Of The
. Emergency Plans For The State Correctional Institution Of Graterford (February 7, 1985).
2/
Graterford Inmates' Motion In Opposition To Applicant's Motion For Exemption From The Requirements Of 10 C.F.R. 9 50.47(a) and (b) As (FOOTNOTE CONTINUED ON NEXT PAGE)
@*N88!
0 SEsa PDR 3'
e - m
. 3 1
0
. motion were filed by Air and Water Pollution Patrol (Mr. Romano) and
_J- Friends of the Earth (Mr. Anthony).1/ On March 18, 1985, the NRC staff' filed its answer,-indicating that it was inappropriate to consider grant-ingtheexemptionatthattime.S/ Also, on March 18, 1985, the Commonwealth of Pennsylvania filed its answer indicating that it-did not supporttheApplicant'smotion.El During the March 22, 1985 conference on the Graterford matter, the
^
' Licensing Board provided the parties an opportunity to take additional positions or update their prior responses on Applicant's motion for an exemption. Tr. 20,672-74. The Board established a filing date of April 1, 1985. Tr. 20,673. On March 26, 1985, the Graterford Prisoners (Mr. Love) filed a supplemental motion in opposition to the Applicant's
.(FOOTNOTE CONTINUED FROM PREVIOUS PAGE)
.They Relate To The Necessity Of Atomic Safety And Licensing Board Consideration Of Evacuation Provisions Of The Emergency plans For The State Correctional Institution Of Graterford (March 13,1985).
3/ Letter from Mr. Romano, Chairman, Air & Water Pollution Patrol to the Licensing Board, dated March 15, 1985; Anthony /F0E Motion In -
Opposition To PEC0's Motion For Exemption From 10 C.F.R. 6 50.47 Provisions For Emergency and Evacuation Planning For Graterford Prisoners And Staff (March 15,1985).
4/ NRC Staff Response To Applicant's Motion Dated February 7, 1985 For Exemption From The Requirements Of 10 C.F.R. 6 50.47(a) and (b)
(March'18,1985).
5/ Commonwealth Of Pennsylvania Response To Applicant's Motion For Exemption From the Requirements of 10 C.F.R. 6 50.47(a) and (b) As They Relate To The Necessity Of Atomic Safety And Licensing Board Consideration Of Evacuation Provisions Of The Emergency Plans For The State Correctional Institution Of Graterford (March 18,1985).
ne L
-+.
h.
3-request for' an exemption, k On March 27, 1985, F0E ($r. Anthony) filed
_. r lan additional statement in opposition to- Applicant's request for an exemption.1/ .On April 1,1985, the Applicant filed a reply En i support'of its request for exemption and the NRC staff filed additional
. views'on Applicant's-request for exemption. U On May 9, ~1985, the Licensing Board issued an Order granting the Applicant's motion for exemption from the requirements of 10 C.F.R.
6 5,0'.47(a) and (b) for a period of time for the Board to consider any cpotential contentions I0/ of the Graterford Prisoners. E l Parties opposing the issuance of that Order were provided an opportunity to sub- ,
mit comments within 10 days from the date of the Order.12/ On May-14, .
6/ Supplem' ental Motion Of The Graterford Inmates In Opposition To The
- u. Applicant's Request For An Exemption Under 10 C.F.R. 5 50.12(a) and (b) (March 26,1985).
'- Z/~ Additional Statement In Opposition To PECO's Motion To Exempt Graterford Prison From Requirements Of 10 C.F.R. 5.50.47 on Emergen-cy Planning, By R. L. Anthony /F0E (March 27,1985).
8_/ Applicant's Reply In Support Of Its Request For Exemption From The Requirements Of 10 C.F.R. 6 50.47(a) and (b) Relating To The Graterford Emergency Plan (April 1,1985).
~/
9 NRC Staff Additional Views On Applicant's Motion 1985 For Exemption-From The Requirements Of 10 C.F.R.Dated 6 50.47(a February)7, and' (b) (April 1,1985).
10/ The Staff would note that on May 13, 1985, the Graterford Prisoners filed proposed revised contentions.
H/ Philadelphia Electric Company-(Limerick Generating Station, Units 1 and 2), Order Granting Applicant's Motion For Exemption from Re-quirement of 10 C.F.R. 9 50.47(a) and (b) for a Period of Time Any Potential Contentions of Remaining Party Are Considered by the Board (unpublished), slip op., (May 9, 1985).
12/ Id. at 8.
_+ - - - - , - - , - - - - , , ,,7- --
, . - , -,m.--~e..,.--. , . - - , , - . . - , ,
f Q :" }
?.
4-1985, the Staff was informed by the Board Chairman that comments from
__ . l e 4 parties not opposing' the Order would be considered if submitted within
~ the: time period established by the Order. Accordingly, the Staff hereby in 'provides its. comments on the Board's May 9, 1985 Order granting the Ap-
.plicant an exemption..
.II.- DISCUSSION
'The. Staff is of the view that 10 C.F.R. 5 50.47(c)'(1) does provide the Licensing Board authority to grant the Applicant an exemption from the Commission's emergency planning requirements provided the standards
- 1of Section 50.47(c)(1) have been satisfied. (See, 44 Fed. Reg. 75167-71; In the~ Matter of-Union of Concerned Scientists, DPRM-83-1, 17 NRC 719, 726 (1983)). S/ While the Staff finds it unnecessary to address the ques-tion of whether 10 C.F.R. 9 50.47(c)(1) requires all' three criteria to be met before an exemption may be granted, El the Staff agrees with the Licensing Board that based on the record in this case each of the three criteriaunderSection50.47(c)(1)hasbeensatisfied. However, the
' Staff submits that there is an additional reason for determining that the
- first criterion (i.e., " deficiencies in the plans are not significant") -
i H/ Indeed, the Commission recently observed that its " regulations specifically contemplated certain equitable exceptions, of a limited duration, from the requirements of 50.47(b)", and cited 50.47(c)(1)forthisauthority. Statement of Policy on Emergency Planning Standard 10 C.F.R. 50.47(b)(12) (May 16,1985).
14/ See, the Commission's recent Statement of Policy on Emergency
~-
) Tanning Standard 10 C.F.R. 50.47(b)(12) (May 16, 1985) at 6-10,
' where only two of the three criteria under 50.47(c) are addressed.
y
~
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, a,; has'been satisfied. :The Pennsylvania Emergency Manager 5ent Agency'(PEMA) f has evaluated and prepared a report of the March 7,1985 exercise of the' SCIG plan. - PEMA _found that the Department of Corrections emergency s'taffs are knowledgeable about the plan and_ procedures to be implemented, and that there are satisfactory and adequate communications in place. El Based Lon that report, the Director of PEMA concluded .that the Department
- of Corrections' staff did an outstanding job in demonstrating its capability _to evacuate the Graterford inmates if that became necessary. E I-In its May 9.-1985 Order, the Board states the following: "[W]ith
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th'e grant of this exemption, any final impediment to the issuance of a full power license has been removed." Order at 8. The Staff has no disagreement with this statement to the extent it is limited solely to
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' matte'rs pending before the Licensing Board, particularly since FEMA has not yet provided the NRC staff its report on the schedule for resolving certain deficiencies identified in FEMA's supplemental interim finding on
.offsite emergency preparedness for the Limerick Generating Station. E The Third Partial-Initial Decision On-Offsite Emergency Planning provides tha.t it " disposes of those remaining issues [offsite emergency -
planning' contentions] in favor of Applicant except for any issue which 1_5/
5 'See, Letter from John L. Patten, Director, Pennsylvania Emergency Management Agency to Glen-R. Jeffes, Acting Secretary, Department of Corrections, dated March-13, 1085, with Enclosures.
1_6/ E 17/ See,- Enclosures to Letter from D. F. Hassell, Counsel for the NRC Staff to the Licensing Board, dated April 16, 1985.
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may arise from the inmates of the -State Correctional Institution at
__?; Graterford [ citation'omitted]". (See, In the Matter of Philadelphia Electric-Co. (Limerick Generating Station, Units 1 and 2) LBP-85-14, Lslip op. at il,'(May 2,1985).- Further, the Order clause explicitly im-
_ poses two conditions that are to be satisfied " prior-to operation above 5% rated power". .Id. at 304-05. However, neither the Order clause nor
- any other portion of the decision explicitly authorizes the Director of Nuclear Reactor Regulation to issue a full-power operating license con-sistent with the Board's decision. The absence of such explicit author-ization appears to have been consistent with the fact that any potential issues related to the Graterford inmates'were unresolved at the time the Board's Third Partial Initial ~ Decision was issued. In its May 9, 1985 10rder granting an exemption from the requirements of 10 C.F.R. 5 50.47(a) and (b) during the period the Board considers any additional contentions involving the Graterford inmates, the Licensing Board stated "[w]ith the -
grant of this exemption, any final impediment to the issuance of a full power-license has been removed." Order at 8. In view of this action by the Board, it woul' appear to Staff that the Board fully intends to au-
'E thorize the Director of Nuclear Reactor Regulation to issue a full power -
license consistent with the Board's decisions in this case. f cf.
. , 10C.F.R.El2.760,2.760a,2.764(f),50.57. This seems particularly appropriate since the subject matter of this. operating license proceeding is whether to issue a full power operating license for the operation of-the' Limerick Generating Station, Units 1 and 2 (See, 46 Fed. Reg. 42557).
Consequently, the Staff would suggest that the Board adopt the following language.for such an authorization:
5
( 4 S
= - -
.t
+ It is_ Ordered. in accordance with the Atomic Energ'y ' Act of '
1954, as amended, and the Commission's regulations, and based .
_. f- on (1) the findings and conclusions set forth in the Third Partial Initial Decision On Offsite Emergency Planning, (2).the Boards' Order of May 9 -1985, [and (3) any Board
,0rder issued subsequent to the May 9,1985 Order) that the Director of Nuclear Reactor Regulation is authorized to issue a full-power operating license for the Limerick Generating
-Station,- Units 1 and 2, consistent with the Board's decisions in-this case.and upon making requisite findings with respect to matters not embraced in the Third Partial Initial Decision On Offsite Emergency Planning.
III. CONCLUSION Accordingly, the Staff would urge that its comments be given favor-able consideration by the Licensing Board in making any further decision on this' matter.
Respectfully submitted.
(
w SL 7 Donald F. Hasse 1 Counsel for NRC Staff Dated at Bethesda, Maryland this 20th day of May, 1985 D
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1,
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 00f. METED USNRC
- In'the Matter of
- PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352 85 MM 21 40:25 50-353 (Limerick Generating Station, ) 0FflCE OF SECREfAss Units-1and2) ) 00C iggERVICf.
CERTIFICATE OF SERVICE
. I hereby certify that copies of "NRC STAFF COMMENTS ON THE LICENSING BOARD'S MAY 9, 1985 ORDER GRANTING APPLICANT AN EXEMPTION" 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 Comission's internal mail system, this '20th day of May, 1985:
HelenF.Hoyt, Chairperson (2) Mr. Edward G. Bauer, Jr.
- t. Administrative Judge Vice President & General Counsel Atomic Safety and Licensing Board Panel Philadelphia Electric Company U.S. Nuclear Regulatory Comission .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 Comission 1747 Fennsylvania Avenue, N.W.
Washington, D.C.- 20555* Washington, D.C. 20006 Dr. Jerry Harbour Mr. Marvin I. Lewis -
. Administrative Judge 6504 Bradford Terrece 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 Martha W. Bush, Esq.
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
y
't Thomas Gerusky, Director Zori G. Ferkin
-Bureau of-Radiaticn 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.
Director Associate General Counsel
- Pen'nsylvania 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 ot'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 Connission 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 Docketitig'and Service Section Office of the Secretary -
-Jay Gutierrez U.S. Nucieer Regulatory Commission Regionsl' Counsel Washington, D.C. 20555*'
USitRC, Region I 631 Park Avenue Gregory Minor King cf Prt.ssia, PA 19406 MHB Technical Associates 1723 Hamilton Avenue
. Steven P. Hershey, Esq. San Jose,-CA 95125' Comunity Legal Services, Inc.
~5219 Chestnut Street Timothy R. S. Campbell, Director Philadelphia, PA 19139 Department of Emergency Services 14 East Biddle Street e,st Chester, PA 19380 i
\
cw M Donald F. Hassbil '
Counsel for NRC Staff
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