ML20137H038

Response Opposing Rl Anthony/Friends of the Earth 851113 Petition for Review of Aslab Decision ALAB-819.Petition Fails to Establish That Decision Raises Issues Suitable for Commission Review.Certificate of Svc Encl

ML20137H038
Person / Time
Site:	Limerick
Issue date:	11/25/1985
From:	Hodgdon A NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	NRC COMMISSION (OCM)
References
CON-#485-346 ALAB-819, OL, NUDOCS 8512020305
Download: ML20137H038 (10)

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r, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'85 vu, BEFORE THE COMMISSION

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, In the Matter of )

• PHILADELPHIA ELECTRIC COPPANY DocketNos.50-352[tb'.

50-353 J (Limerick Generating Station, Units 1 and 2) l l

NRC STAFF ANSWER IN OPPOSITION TO ANTHONY /F0E PETITION FOR REVIEW l

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l Ann P. Hodgdon l Ccunsel for NRC Staff l

November 25, 1985 i

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UNITED STATES Of AMERICA '# 7Qc, NUCLEAR REGULATORY COMMISSION BEFORE Tite COMMISSION gy G7pg

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In the Fatter of ) 1. . ,

) Docket Nos. 50-352 "'

PHILADEsPHIA ELECTRIC COMPANY 50-353

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(Limar.ck Generating Station, )

Units 1 and 2) )

l NRC STAFF ANSWER IN OPPOSITION

[ TO ANTH0NY/F0E PETITION FOR REVIEW l

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I Ann P. Itodgdon Counsel for NRC Staff November 25, 1985 i

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UNITED STATES OF AMERICA NUCLEAR. REGULATORY COMMISSION

• BEFORE THE COMMISSION. /0/ 26 P2:29 C

i' In the Matter of

) Docket Nos. 50-352 PHILADELPHIA ELECTRIC COMPANY 50-353

)

(Limerick Generating Station, )

Units 1 and 2) )

I NRC STAFF ANSWER IN OPPOSITION i

TO ANTHONY /F0E PETITION FOR REVIEW

'  !. INTRODUCTION On November 13, 1985, Inttrvenor Friends of the Earth in the Dela-ware Valley / Robert L. Anthony (collectively "F0E") filed an " Appeal to l

F0E requests ,

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' the Comission for Review of Appeal Board Decision ALAB-819."

the Comission to review and reverse ALAB-819. Il For the reasons follow, the Staff opposes F0E's Petition and urges that it be denied.

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!!. BACKGROUND In ALAB-819, the Appeal Board affirmed the Licensing Board's Second l

PartialInitialDecisionEl on all issues involved here. The Licensing Board In l decision holds that r0E's Contentions V-3a and V-3b lacked rnerit.

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Philadelphia Electric Cmnpany (Limerick Generating Station Unit'. I and2), ALAI!819(October 22,1985).

7/ LDP-84-31,20NRC446(1984).

Contentions V-3a and V-3b, F0E asserted that a break in the oil or gas f

pipelines running near and through the site would have an adverse safety .

An extensive record was compiled on these issues. 1 impact on the facility.

>. On appeal, the Appeal Board considered F0E's ,

See ALAB-819 at 79-80.

" myriad arguments" concerning the Licensing Board's disposition of F0E (See_ ALAB-819 at 80). After considering F0E's arguments f contentions.

concerning expert witness qualifications, blast overpressure calculations, structural integrity and issues concerning the Licensing Board's alleged duty to order the pipes moved, the Appeal Board upheld the Licensing Board's conclusion that the record amply demonstrates reasonable assurance that the public health and safety are protected from the risks of a pipeline explosion at Limerick. See, ALAB-819 at 78-99. .

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!!!. O!SCUSSION Although the Comission has the discretion to review any decision of its subordinate boards, a petition for Comission review "will not l

' ordinarily be granted" unless important safety, environmental, procedural, 10 C.F.R.

comon defense, antitrust or pubile policy issues are involved.

Further, a petition for review based on factual matters 52.786(b)(4).

will not be granted unless it appears that the Appeal Board resolved a factual issue necessary for decision in a cicarly erroneous manner con-trary to the resolution of that same issue by the Licensing Board. <

10C.F.R.(2.786(b)(4)(ii). F0E's Petition asserts that the Licensing i

• Board discounted or ignored the safety hatards specified in its conten-i tions and that in ALAB-819 the Appeal Board perpetuated the Licensing

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This bare assertion is the only argument Board error. Petition at 1.

raised by F0E in its appeal to the Comission. And, as review of the decisions below demonstrates, F0E is mistaken because both Boards examined

- each and every point advanced by F0E. F0E has not shown that the Appeal Board's rulings on the issues raised by F0E's appeal as V-3a and V-3b were erroneous or that they raised any important question of law or policy.

Moreover, F0E presents no factual issues that the Appeal Board has resolved in a clearly erroneous manner contrary to the resolution of that issue by the Licensing Board. 10 C.F.R. 6 2.786(b)(4)(ii).

IV. CONCLUSION F0E's Petition fails to establish that ALAB-819 raises issues suitable for Comission review. Accordingly, the Petition should be denied.

Respectitglly submitted.

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7 r A . Ilodgdon i Counsel for NRC Staff Dated at Bethesda, Maryland this 25th day of November, 1985 l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of

) Docket Nos. 50-352 PHILADELPHIA ELECTRIC COMPANY 50-353

)

(Limerick Generating Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE _

I hereby certify that copies of "NRC STAFF ANSWER IN OPPOSITION TO ANTHONY /F0E PETITION FOR REVIEW" 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 25th day of November,19 flerzel H. E. Plaine, Esq.

Samuel J. Chilk General Counsel Office of the Secretary Office of the General Counsel U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, D.C. 20555* 20555*

Washington, D.C.

Mr. Edward G. Bauer, Jr.

Helen F. Hoyt, Chairperson (2) Vice President & General Counsel Administrative Judge Philadelphia Electric Company Atomic Safety and Licensing Board Panel ,

U.S. Nuclear Regulatory Comission 2301 Market Street '

Philadelphia, PA 19101 Washington, D.C. 20555*

Troy B. Conner, Jr. , Esq.

Dr. Richard F. Cole Mark J. Wetterhahn, Esq.

Administrative Judge Conner and Wetterhahn Atomic Safety and Licensing Board Panel 1747 Pennsylvania Avenue, N.W.

U.S. Nuclear Regulatory Comission Washington, D.C. 20006 Wash ngton, D.C. 20555*

l Mr. Harvin 1. Lewis Dr. Jerry Harbour 6504 Bradford Terrace Administrative Judge Philadelphia, PA 19149 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission r

i Joseph 11. White, !!!

Washington, D.C. 20555*

i 15 Ardmore Avenue Ardmore, PA 19003 Mr. Frank R. Romano J Air and Water Pollution Patrol i

61 Forest Avenue Ambler, PA 19002

Kathryn S. Lewis, Esq.

Ms. Phyllis Zitzer, President 1500 Municipal Services Bldg.

Ms. Maureen Mulligan Limerick Ecology Action 15th and JFK Blvd.

Philadelphia, PA 19107

. 762 Queen Street Pottstown, PA 19464 Thomas Gerusky, Director Zori G. Ferkin j- Governor's Energy Council Bureau of Radiation Protection P.O. Box 8010 Dept. of Environmental Resources 1625 N. Fror,t Street 5th Floor, Fulton Bank Building Harrisburg, PA 17105 Third and Locust Streets Harrisburg, PA 17120 Spence W. Porry, Esq.

Associate Laneral Counsel Director Federal Emergency Management Agency Pennsylvania Emergency Management Room 840 Agency 500 C Street, S.W.

' Basement, Transportation & Safety Washington, D.C. 20472 Building Harrisburg, PA 17120 Robert J. Sugannan, 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 Senior Resident inspector Angus R. Love, Esq. U.S. Nuclear Regulatory Comission Montgomery County Legal Aid 107 East Main Street P.O. Box 47 Norristown, PA 19401 Sanatoga, PA 19464 Charles W. Elliott Esq. Atomic Safety and Licensing Board Panci Brose & Poswistilo U.S. Nuclear Regulatory Commission 325 N. 10 Street Washington, D.C. 20555*

Easton, PA 18042 l

Atomic Safety and Licensing Appeal ,

l Board Panel (8)

David Wersan U.S. Nuclear Regulatory Coninission Consumer Advocate Washington, D.C. 20555*

Of fice of Attorney General l

1425 Strawberry Square Docketing and Service Section Harrisburg, PA 17120 Office of the Secretary U.S. Nuclear Regulatory Comission Jay Gutierrez Washington, D.C. 20555*

Regional Counsel USNRC, Region 1 631 Park Avenue King of Prussia, PA 19406*

Gregory Minor MHB Technical Ata ciates 1723 Hamilto:t Averaic San Jose, CA 95125 Steven P. Hershey, Esq.

. Community Legal Services, Inc.

5219 Chestnut Street Philadelphia, PA 19139 Timothy R. S. Campbell, Director Department of Emergency Services 14 East Biddle Street West Chester, PA 19380 f

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