ML20128G825

Requests ASLB Reject Applicant 850620 Renewed Motion for Exemption from Requirements of 10CFR50.47(a) & (B) Re Two Contentions Admitted on Behalf of Graterford Prisoners

ML20128G825
Person / Time
Site:	Limerick
Issue date:	06/30/1985
From:	Romano F AIR AND WATER POLLUTION PATROL
To:
Shared Package
ML20128G803	List: ML20128G801 ML20128G825 ML20128G846
References
OL, NUDOCS 8507090332
Download: ML20128G825 (1)

Text

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l k AIR and WATER W Pollution Patrel BROAD AXE, PA. June 30, 1985 U.S. Nuclear Regulatory Commission Washington, D.C.20555 '

U N M E ri ;

BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD C In The Matter Of '85 JK -8 P 1.*38 PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352 (Limerick Generating Station 50-353 Jf Units 1 and 2) C0Ce mu

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AWPP/ Romano moves Board reject " Applicant's Renewed Motion for an exemption from the requirements of 10 C.F.R. 50.47 (a) and (b) as they relate to the two contentions admitted on behalf of the Graterford prisoners during the period ne-cessary for litigation".

On June 20, 1985 Applicant, re the captioned proceeding, renewed its motion before the Atomic Safety and Licensing Board for an exemp-tion from the requirements of 10 C.F.R. 50. 4 7 (a) and (b) to permit operation of the Limerick Generating Station at power levels greated than 5% without full consideration regarding the assurance of ade-quacy of emergency response readiness for the inmates of the State Correctional Institution at Graterford.

AWPP/ Romano would contest the Applicant's claim and backs the Atomic Safety and Licensing Appeal Board's finding that the Appli-cant has not adequately met full ;riteria for an exemption under the provisions of C.F.R 10, Section 50.12(a) and Section 50.47 (c) (1) as they relate to the admitted contentions, as AWPP detailed in its June 11, 1985 Brief in support of the Graterford inmates.

The Applicant states, the Appeal Board should, as it did in the San Onofre case, under the provisions in Section 50.4 7 (c) (1) which

" allows compensatory measures to be undertaken for any emergency plan-ing deficiency" as well as interum measures to rectify them.

AWPP states that the compensatory measure, namely sheltering, is not compensatory but is a death trap to cover the unworkablilty of evacuation whose definition is to remove from an area of danger.

Inasmuch as Applicant admits it will not, under a General Emer-gency Accident or in subfreezing, night time blizzard blocked roads, be able to remove people from the area of danger...but will in fact entrap them in their own homes, AWPP calls for denial of Applicant's exemption motion of June 20, 1985.

Very truly yours, AIR & WATER POLLUTION- PATROL spu.p ; -

9507090332 050630 Frank R. Romano, Chairman PDR ADOCK05000gg2 61 Forest Ave.

O Ambler, Pa. 19002 I certify the above has been served on the latest Service List.

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