ML20127N370
| ML20127N370 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 05/22/1985 |
| From: | Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20127N270 | List: |
| References | |
| OL, NUDOCS 8505230505 | |
| Download: ML20127N370 (6) | |
Text
V S
UNITED STATES OF AMERICA' NUCLEAR REGULATORY COMMISSION 00LKETED USNRC Before the Atomic Safety and Licensing Board
'85 MAY 22 P1 :39 In the Matter of
)
FfIC Philadelphia Electric Company 00CXk NG thNos.50-3521
'SRANCH 50-3 530L -
(Limerick Generating Station,
)
Units 1 and 2)
)
APPLICANT'S RESPONSE TO ROBERT L. ANTHONY / FOE UNAUTHORIZED REPLY On May 14, 1985, Robert L.
Anthony and Friends of the Earth in the. Delaware ~-Valley submitted a
reply-to Applicarit 's answer to their April 30, 1985 petition to reopen the record.2_/
This reply, which attempts to bolster the arguments in the original motion, is impermissible under the Commission's Rules of Practice.
10 C.F.R.
S2.730.
If the Atomic Safety and Licensing Board does consider this l
1/
" Anthony / FOE Response To The Board's Order Of 5/8/85 In Reply To Our Petition Of 4/30/85 To Reopen The Record On PECO's No.
- 1. Effluent Release Report And Response To Applicant's Answer To Our Petition, 5/7/85."
The pleading purports to be a response to the Licensing Board's Order of May 8, 1985.
That Order set the date for responses by other parties to FOE's original motion, but did not. permit a further filing by FOE.
2/
" Petition By Anthony / FOE To Reopen The Record On The Basis Of New Information In Phila.
Elec.
Co's Semi-Annual Effluent Release Report, Feb. 1985."
8505230505 850522 PDR ADOCK 05000352 G
- pleading, however, Applicant asks that this reply be considered.
The instant pleading adds nothing which supports the requested relief.
While FOE states the name of a witness who allegedly would testify on its behalf, no statement of professional qualification or indication of his expertise relating to the specific subject matter of the proposed contention is given.d!
Moreover, to the extent any area of proposed testimony is discernible, it would clearly constitute an impermissible challenge under 10 C.F.R. 52.758 to the Commission's standards for protection against radiation contained in 10 C.F.R. Part 20 and the "as low as reasonably achievable" criterion contained in 10 C.F.R. Part 50 Appendix I.M While FOE asserts that "it may appear that PECo will be required to make structural changes to accomplish the 3/
In Metropolitan Edison Company (Three Mile Island
~
Nuclear Station, Unit No. 1), LBP-81-59, 14 NRC 1211, 1493 (1981),
the Licensing Board characterized FOE's proposed witness as 3 showing "a
lack of familiary and/or depth of knowledge" in certain areas related to his testimony.
See also Applicant's Answer to Petition by Anthony / Friends of the Earth to Peopen the Record Based on Information Relating to Offsite Effluent Releases (May 7, 1985) at 8.
4/
Consolidated Edison Company of New York (Indian Point,
~
Unit No.
- 2),
LBP-83-5, 17 NRC
- 134, 139 (1983);
Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), LBP-82-43A, 15 NRC 1423, 1501 (1982); Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-410, 5 NRC 1398, 1402 (1977).
limiting of radioactive effluent, or it could be possible that the plant cannot presently be operated within the NRC limit on effluent," absolutely no support is given for this conclusion.
No specificity or basis has been added to the proposed contention.
- Moreover, the single sentence FOE devotes to each of the Commission's criteria for admission of late-filed contentions are merely conclusory and nonsubstantive.
In
- sum, FOE has still failed to meet either the standards for reopening a closed record or the separate criteria for admitting late contentions.
Additionally, its motion remains utterly lacking in the requisite specificity and bases.
The petition should therefore be denied.
Respectfully submitted, CONNER & WETTERHAHN, P.C.
Mark J. Wetterhahn Counsel for Philadelphia Electric Ccmpany May 22, 1985
7 A*
,.g b
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION CCCKETEn USNRC In the Matter of
)
)
)
Docket Nos. 50 iB%ddRY 22 P1:38 Philadelphia Electric Company
_ )
50-353 (Limerick Generating Station,
)
e rP<n,imis yh,N '
60Cli Units 1 and 2)
)
5 RANCH CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Answer to Proposed Revised Contentions of the Graterford Prisoners,"
" Applicant's
Response
to Comments of Other Parties Concerning the Board's Order dated May 9,
1985,"
and
" Applicant's Response to Robert L.
Anthony / FOE Unauthorized Reply" all dated May 22, 1985 in the captioned matter have been served upon the following by hand delivery or by deposit in the United States mail this 22nd day of May, 1985:
- Helen F. Hoyt, Esq.
Atomic Safety and Licensing Chairperson Appeal Panel Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555
- Docketing and Service Section
- Dr. Richard F. Cole U.S. Nuclear Regulatory Atomic Safety and Commission Licensing Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Ann P. Hodgdon, Esq.
Washington, D.C.
20555 counsel for NRC Staff Office of the Executive
- Dr. Jerry Harbour Legal Director Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Hand Delivery
e
+ a-Atomic Safety and Licensing Angus Love, Esq.
Board Panel ~
107 East Main Street U.S. Nuclear Regulatory Norristown, PA 19401 Commission Washington, D.C._
20555 Robert J. Sugarman, Esq.
Sugarman, Denworth &
. Philadelphia Electric Company Hellegers ATTN: ' Edward G. Bauer, Jr.
16th Floor, Center Plaza Vice President &
101 North Broad Street General Counsel Philadelphia, PA 19107 2301 Market Street
' Philadelphia, PA 19101 John L. Patten, Director Pennsylvania Emergency Mr. Frank R. Romano Management Agency 61 Forest Avenue Room B-151 Ambler, Pennsylvania 19002 Transportation and Safety Building Mr. Robert L. Anthony Harrisburg, PA 17120 Friends of the Earth in the Delaware Valley Martha W. Bush, Esq.
106 Vernon Lane, Box 186 Kathryn S. Lewis, Esq.
Moylan, PA 19065 City of Philadelphia Municipal Services Bldg.
Charles W. Elliott, Esq.
15th and JFK Blvd.
325 N.
10th Street Philadelphia, PA 19107 Easton, PA 18064 Spence W. Perry, Esq.
Miss Phyllis Zitzer Associate General Counsel Limerick Ecology Action Federal Emergency P.O. Box 761 Management Agency 762 Queen Street 500 C Street, S.W.
Pottstown, PA 19464 Room 840 Zori G. Ferkin, Esq.
i Assistant Counsel Thomas Gerusky, Director Commonwealth of Pennsylvania Bureau of Radiation I
Govarnor's Energy Council Protection 1625 N. Front Street Department of Environmental Harrisburg, PA 17102 Resources 5th Floor Jay M. Gutierrez, Esq.
Fulton Bank Bldg.
U.S. Nuclear Regulatory Third and Locust Streets Commission Harrisburg, PA 17120 631' Park Avenue King of Prussia, PA 19406
n-4 i
-I k.
James Wiggins Senior Resident Inspector U.S. Nuclear. Regulatory Commission P.O. Box 47 Sanatoga, PA 19464 Timothy R.S. Campbell, Esq.
Director Department ~of Emergency Services 14 East Biddle Street West Chester, PA 19380 Mr. Ralph Hippert Pennsylvania Emergency Management Agency B151 - Transportation and Safety Building Harrisburg, PA 17120 Theodore G. Otto, Esq.
Department of Corrections Office of Chief Counsel P.O. Box 598 Camp Hill, PA 17011 O
on-qf Ma(y J.
Wetterhahn