ML20127M069
| ML20127M069 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 06/26/1985 |
| From: | Hassell D NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#385-624 OL, NUDOCS 8507010081 | |
| Download: ML20127M069 (7) | |
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.g UNITED STATES OF AMERICA BeCKETED NUCLEAR REGULATORY COMMISSION USNRC BEFORE THE ATOMIC SAFETY AND LICENSING APPEAM0AW 78 P GFF:CE OF SlCRETM7 In the Matter of
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PHILADELPHIA ELECTRIC COMPANY
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Docket Nos. 50-352
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(Limerick Generating Station,
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Units 1 and 2)
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NRC STAFF MOTION FOR EXTENTION OF TIME
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Donald F. Hassell Counsel for NRC Staff June,26, 1985 l
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o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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PHILADELPHIA ELECTRIC COMPANY
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Docket Nos. 50-352
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50-353 (Limerick Generating Station,
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Units 1 and 2)
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NRC STAFF MOTION FOR EXTENSION OF TIME I.
INTRODUCTION On May 2,1985, the Licensing Board issued its Third Partial Initial Decision 3/ or the Limerick Generating Station, Units 1 and 2 on offsite f
emergency planning. That decision disposed of all issues in favor of the Applicant (Philadelphia El'ectric Company) except for any issues that might arise from the inmates of the State Correctional Institution at Graterford.
In the Matter of Philadelphia Electric Company (Limerick Generating Station, Units I and 2), LBP-85-14, slip op. at 1 (May 2,1985) (" Decision"). On May 16,1985, Limerick Ecology Action (LEA) moved for a stay of the Licensing Board's Decision,'and on June 11, 1985, the Appeal Board issued a memoran-dum and order (ALAB-808) denying LEA's requested stay.
In the Matter of Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2),
ALAB-808, 21 NRC (June 11, 1985).
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Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), LBP-85-14, 21 NRC (1985).
4 2-t On June 6,1985, Friends of the Earth (F0E) (Mr. Anthony) filed its brief in support of its appeal of the Licensing Board's Decision. On June 13, 1985, LEA filed its brief in support of its appeal of the Li-censing Board's Decision. Pursuant to 10 C.F.R. 5 2.762(c), the NRC staff's responsive brief must be filed by July 29, 1985.
For the reasons set forth below, the NRC staff requests the Appeal Board to extend the period for filing Staff's responsive brief to August 16, 1985.
II.
DISCUSSION On June 12, 1985, the Licensing Board issued an order that admitted certain revised contentions of the Graterford inmates.
In the Matter of Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2),
(unpublished), slip op. (June 12,1985). On June 17, 1985, the Licensing Board held a telephone conference call with the Applicant, NRC staff, Counsel for the Commonwealth (with counsel representing the Pennsylvania Department of Corrections also part-icipating), and counsel representing the Graterford inmates. See, In the Matter of Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), Memorandum And Order Graterford Contentions And Hearing Schedule, (unpublished), slip op.
(June 18, 1985). The Board established July 15, 1985 as the date for evidentiary hearings to begin and set aside three days for hearings with the option of continuing through the end of the week, if necessary.
,I_d_.
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at 3-4.
Prefiled testimony must be filed by July 8, 1985.
_Id. at 3.
Presently, the evidentiary hearings may include as many as 10 or more witnesses. Depositions of witnesses are currently scheduled for June 28, 1985 and July 1-2, 1985.
Finally, the Licensing Board ruled that briefs i_
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a 9 would not be ordered at the conclusion of the hearings.
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- However, the Board advised the parties that oral arguments would be permitted at the conclusion of the hearings and that parties would be permitted, if they wished to do so, to file simultaneously with their oral arguments written outlines of their findings of facts and conclusions of law.
I d.,
The Staff submits that under the current schedule it will be unable to adequately prepare and participate in the evidentiary hearings while simultaneously attempting to adequately prepare its brief (currently due July 29, 1985) in response to LEA's appeal brief, which is seventy pages in length, and F0E's appeal brief. The attorneys who tried the issues that are the subject of the appealed decision, and thus the most knowledgable, are also involved in the Graterford hearing. The grant of Staff's requested relief should result in no. delay in the consideration of the issuance of a full power operating license for the Limerick facility in that the Commission's immediate effectiveness review need not await conclusion.of the Appeal Board's review. Moreover, the Appeal Board has denied the request for a stay of the Licensing Board's Third Partial Initial Decision.
The Staff has contacted the parties and was permitted to represent the following positions.
F0E (Mr. Anthony) does not object to the Staff'r request 'for an extension. The Applicant notes that issuance of a full power operating license would not be delayed by the requested extension because motions for stays of the Third Partial Initial Decision have been denied.
For this reason, the Applicant does not object to the additional time. Applicant suggests that the time for filing responsive briefs by other parties be counted from June 15, 1985 the date LEA's brief was postmarked (as distinguished from the due date of June 14,1985). The d
9 Commonwealth of Pennsylvania has no objection so long as other parties who may file responsive briefs are granted an equivalent additional period of time within which to file their briefs.
LEA does not object to the Staff's request for an extension.
'III.
CONCLUSION Based on the foregoing reasons, the NRC staff requests that the Appe,al Board extend the time for the filing of its responsive brief to August 16, 1985.
Respectfully submitted, s
a Dorald F. Hassell Counsel for NRC Staff Dated at Bethesda, Maryland this 26th day of June, 1985 A
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UNITED STATES OF AMERICA 00CXETED NUCLEAR REGULATORY COMMISSION ussac BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD
'85 JUN 28 P1:37
.In the Matter of
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0FSM N' PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352 00W gC g
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50-353 (Limerick Generating Station,
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Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION FOR EXTENSION OF TIME" 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 26th day of June, 1985:
Helen F. Hoyt, Chairperson (2)
Mr. Edward G. Bauer, Jr.
Administrative Judge Vice President & General Counsel Atomic Safety and Licensin'g 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. Nuc' lear Regulatory Commission 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
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.i 2-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.
Di rector-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
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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 Comission 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*
David Wersan
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Atomic Safety and Licensing Appeal Board Panel (8)
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 W st Chester, PA 19380
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'Doirald F. Hassell Counsel for NRC Staff e