ML20137K979
| ML20137K979 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 12/02/1985 |
| From: | Elliott C ELLIOTT, C.W., LIMERICK ECOLOGY ACTION, INC. |
| To: | |
| References | |
| CON-#485-355 OL, NUDOCS 8512030329 | |
| Download: ML20137K979 (6) | |
Text
_.
uESP UNITED STATES OF AMERICA
'65 pgg g A10:59 NUCLEAR REGULATORY COMMISSION I
Before the Atomic Safety and Licensing B'oard.r n.
gyy,7, 1
b e a tg h "
In the Matter of
)
)
Philadelphia' Electric Company
)
Docket Nos. 50-353 f3 3O D b
)
5--353 Od '35 3 O6 (Limerick Generating Station,
)
Units 1 and 2)
)
LEA RESPONSE TO " LICENSEE'S PROPOSAL FOR RESOLUTION OF REMANDED ISSUE REGARDING LICENSEE'S MEDICAL ARRANGEMENT'S FOR CONTAMINATED INJURED ONSITE PERSONNEL" In accordance with the Order of the Atomic Safety and Licens-ing Board dated October 28, 1985, LEA submits the following response to the " Licensee's Proposal for Resolution of Remanded Issue Regard-ing Licensee's Medical Arrangements for Contaminated Injured Onsite Personnel" (hereafter, " Licensee's Proposal").
LEA. objects to any " resolution" of the remanded issue which is made solely on the basis of the " Licensee's Proposal" and written comments thereon.
The Atomic Energy Act and the Administrative Pro-cedure Act afford LEA the absolute right to an adjudicatory hearing, with
.the attendant right to require that witnesses be sworn, and be subject to cross-examination.
The procedure set forth in the Board's October 28, 1985 fails to provides for any adjudicatory hearing, fails to require that the record upon which a decision will be made is an adjudicatory record G512030329 851202 DR ADOCK 05000352 3503
of sworn testimony, and fails to provide for cross-examination or discovery.
Any decision based solely upon the " Licensee's Proposal",
and written comments thereon, would violate the Atomic Energy Act and the Administrative Procedure Act.
The " Licensee's Proposal" suggests that the mere submission of an agreement with Montgomery Hospital satisfies the applicable require-ments.
It does not.
The agreement must be subject to LEA examination by cross-examination of a sponsoring witnes.9.
Without a sponsoring witness, this Board may not even consider the agreement.
The paper has not yet even been authenticated, and LEA objects to its receipt into evidence.
Further, the agreement itself appears to consist of little more than a recital that the hospital "will respond" to PECO requests to provide treatment for on-site contaminated injured.
That recital it-self appears to be conditioned upon a PECO agreement that PECO will, sometime in the unspecified future, do certain things.
LEA notes that no PECO signature appears on the " agreement", and as a legal matter, PECO may not be bound by any such written " agreement" in the absence of such a signature.
There is no evidence, as there must be for the Board to make the requisite findings under 10 C.F.R. Part 50, that PECO in fact is carrying out the obligations identified in the November 15, 1985 Mont-gomery Hospital letter, nor, e.g.,
that any such training of hospital _
~*
personnel has taken place, or the special equipment and supplies provided, or that specialized hospital procedures are in place and agreed upon by the hospital.
Neither does Dr. Linneman's affidavit help PECO.
Dr. Linneman must be subject to cross-examination.
While the Graterford inmates may have accepted Dr. Linneman's affidavit
(" Licensee's Proposal, p.
4, n. 5), LEA does not.
Therefore, LEA obj ects to the " Licensee's Proposal", and re-quests that the Board afford LEA its rights under the Atomic Energy Act and the Administrative Procedure Act, and provide for discovery and an adjudicatory hearing.
Respectfully ~ submitted,
(
' ac e.s, hA [564 L,
r Charles W. Elliott, Esquire 325 N.
10th Street Easton, PA.
18042 (215) 253-4448 !
s T
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
Philadelphia Electric Company
)
Docket Nos. 50-352
)
50-353 (Limerick Generating Station,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " LEA Response to ' Licensee's Proposal for Resolution of Remanded Issue Regarding Licensee's Medical Arrangements for Contaminated Injured Onsite Personnel'",
dated November A7, 1985 in the captioned matter have been served upon the following by deposit in the United States mail this 37R-day of November, 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.
20055 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.
20055 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.
20055 Troy B.
Conner, Esq CONNER AND WETTERHAHN 1747 Pennsylvania Ave. N.W.
Washington, D.C.
20006
~.
Atomic Safety and Licensing Angus Love, Esq.
Board Panel 107 East MainStreet U.S. Nuclear Regulatory Norristown, PA.
19401 Commission Washington, D.C.
20555 Robert J. Sugarman, Esq.
Sugarman, Denworth &
Philadelphia Electric Company Hellergers 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 Kathryn S. Lewis, Esq.
106 Vernon Lane, Box 186 City of Philadelphia Moylan, PA.
19065 Municipal Services Bldg.
15th and JFK Blvd.
Ms. Phyllis Zitzer Philadelphia, PA.
19107 Limerick Ecology Action P.O.
Box 761 Spence W.
Perry, Esq.
762 Queen Street Michael 3. Hirsch, Esq.
Pottstown, PA.
19464 Associate General Counsel Federal Emergency Zori G.
Ferkin, Esq.
Management Agency Assistant Counsel 500 C Street, S.W.
Commonwealth of Pennsylvania Room 840 Governor's Energy Council Washington, D.C.
20472 1625 N.
Front Street Harrisburg, PA.
17102 Thomas Gerusky, Director Bureau of Radiation Jay M. Gutierrez, Esq.
Protection U.S.
Nuclear Regulatory Department of Environmental Commission Resources 631 Park Avenue 5th Floor King of Prussia, PA.
19406 Fulton Bank Bldg.
Third and Locust Streets Harrisburg, PA.
17120 _
.. o 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 Lisburn Road Camp Hill, PA.
17011 b, khff WW Charles W.
Elliott _
_ __.. _