ML20140D781

Response Opposing Friends of the Earth 841208 Document Supplementing 841205 Motion Requiring Pennsylvania Emergency Mgt Agency to Include Valley Forge Park in Emergency Planning Zone.Certificate of Svc Encl

ML20140D781
Person / Time
Site:	Limerick
Issue date:	12/17/1984
From:	Mcgurren H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Atomic Safety and Licensing Board Panel
References
CON-#484-688 OL, NUDOCS 8412190197
Download: ML20140D781 (4)

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December 17, 1984 UNITED STATES OF AMERICA '84 0E018 P3:34 NUCLEAR REGULATORY COMMISSION

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BEFORE THE ATOMIC SAFETY AND LICENSI S M RD [ d,$ dj, BRANCH In the Matter of PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352 (Limerick Generating Station, 50-353 O[

Units 1 and 2)

RESPONSE OF NRC STAFF TO MOTION OF F0E TO INCLUDE VALLEY FORGE PARK IN THE EPZ I. INTRODUCTION On December 8, 1984 a document entitled "R.L. Anthony /F0E Motion to '

Include Valley Forge Nationai Park in Emergency Evacuation Planning for 4

Limerick, Supplementing Verbal Motion of Decuber 5,1984 (Tr.14,633)"

was filed by Robert L. Anthony on behalf of Friends of the Earth in the DelawareValley(F0E). Based on record citations to testimony in the above proceeding and a reference to "NRC regulations," Mr. Anthony requests that this Board require PEMA to include the Valley Forje Park in the Emergency Planning Zone "and formulate an emergency evacuation plan for -

the Park." For the reasons discussed below the NRC staff opposes this request.

II. DISCUSSION As a proposed contention the instant request must fail for the reason that the issue it raises - whether or not to include the Valley ,

Forge Park in the Emergency Planning Zone - is already being litigated 8412190197 841217 PDR ADOCK 05000352 0 PDR 33o2 -

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pursuant to admitted contention LEA-24/F0E-1. This contention, admitted by Board order dated April 20,1984,1/ reads as follows:

There is no assurance that plans for evacuation of the ten mile radius will not be impeded by traffic congestion in the vicini-ty of Marsh Creek State Park, Exton area (involving Route 100) and Valley Forge Park, King of Prussia area.

These areas should either be included in the Emergency Planning Zone or adequate plans for traffic control and direction should be made to avoid adverse effects on EPZ evacuation.

III. CONCLUSION For the above reasons F0E's motion should be denied.

Res ectfully submitted, MenyJ.McGurren(

Counsel for NRC Staff Dated in Bethesda, Maryland this 17th day of December,1984

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1/ Philadelphia Electric Company (Limerick Generating Station, Units 1 l and2),LBP-84-18,19NRC1020,1065-69(1984); see also Memorandum and Order Ruling on Reworded and Respecified Offsite Emergency Plan-ning Contentions, dated September 24,1984(unpublished,at i 14 and 15),

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s C n < E.7.g UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'84 EC 18 P3:36 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD cFr:E N Eciute In the Matter of ) $Nkkck

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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 " RESPONSE OF NRC STAFF TO MOTION OF F0E TO INCLUDE VALLEY FORGE PARK IN THE EPZ" 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, or as indicated by two asterisks by hand-delivery, this 17th day of December,1984: -

Helen F. Hoyt, Chairperson (2) Mr. Edward G. Bauer, Jr.

Administrative Judge . Vice President & General Counsel Atomic Safety and Licensing Board Panel Philadelphia Electric Company U.S. Nuclear Regulatory Comission 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 Comission 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. Nuclear Regulatory Comission 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 Martha W. Bush, Esq.

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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F 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.

Director 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 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 Ccmmission 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*

Atomic Safety and Licensing Appeal David Wersan Board Panel 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 West Chester, PA 19380 Jos an Rutberg $

A i s nt Chief Hearing f Counsel

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