ML20151T484

Request for Extension of Time in Which to File Contentions & Supplement to Petition to Intervence & Request for Hearing.* Thirty-day Extension Sought for Listed Reasons. Certificate of Svc Encl

ML20151T484
Person / Time
Site:	Peach Bottom
Issue date:	04/22/1988
From:	Searchinger T PENNSYLVANIA, COMMONWEALTH OF
To:	Bright G, Cole R, Frye J Atomic Safety and Licensing Board Panel
References
CON-#288-6152 88-569-06-OLA, 88-569-6-OLA, OLA, NUDOCS 8804290040
Download: ML20151T484 (8)

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Q  %:mza UNITED STATES OF AMERICA S_M, APR 23 ;ggO5 11 NUCLEAR REGULATORY tymuTSSION -l o ATOKIC SAFETY AND LICENSING BOARD I

Pj' Cut Before Fi=inistrative Judges m C John H. Frye, III, Chairman Glenn O. Bright Richard F. Cole In the Matter of  : Oocket Nc,s. 50-277-OLA

50-278-OLA Philadelphia Electric Company :

ASLBP No. 88-569-06-OLA (Peach Bottom Atomic Power  :

Station, Units 2 and 3)  :

Request for an Extension of Time in which to File Contentions and Supplement to Petition to Intervene and Request for a Hearina The Commonwealth of Pennsylvania (hereinafter "Commonwealth"), by and through its attorneys, requests that the Atomic Safety and Licensing Board (hereinafter "Board") grant a thirty (30) day extension for the Commonwealth to file its contentions and supplement to Petition to Intervene and Request for a Hearing. As indicated in more detail in paragraph 18, counsel for the Philadelphia Electric Company (hereinafter "PECO") does not object to the extension. In support of this request the Commonwealth states the following:

1. On. December 23, 1987 the Nuclear Regulatory Commission (hereinafter "Commission") published a Notice of Opportunity for Hearing with respect to the Commission's proposed issuance of amendments to the licenses held by PECO for the Peach Bottom 1

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Atomic Power Station, Units No. 2 and No. 3 (hereinafter "Peach Bottom"). 52 F.R. 48693 (December 23, 1987).

2. The Commonwealth filed a Petition to Intervene, Request I for Hearing and Comments Opposing No Significant Hazards Consideration on January 22, 1988. The Petition, inter alia, requested a hearing under 10 C.F.R. S2.714 concerning the proposed amendments to the facility operating license of PECO for Peach Bottom.

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3. An important concern set forth in the Petition was the )

Commonwealth's belief that the top corporate management at PECO was inappropriately deflecting responsibility for the problems at Peach Bottom, and therefore, was failing to propose satisfactory changes in its corporate structure.

4. In a letter dated January 11, 1988, the Institute of Nuclear Power Operations (hereinnfter "INPO") provided a Report to PECO which was highly critical of PECO's operation and management of Peach Bottom.

5. On February 8, 1988, PECO filed an Answer to the Commonwealth's Petition.

6. On February 11, 1988, the Nuclear Regulatory Commission Staff (hereinafter "NRC Staff") filed a Response to Commonwealth of Pennsylvania's Petition to Intervene and Request for Hearing.

In the Response the NRC Staff concluded that "the Commission 2

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should find that the Commonwealth has established its standing to intervene and has identified at least one aspect of the proposed  !

amendment request in which it is interested."

7. After a special meeting of PECO's Board of Directors on February 1, 1988 to consider the INPO Report, PECO announced several changes in the highest levels of corporate management at PECO. The INPO Report and the Commonwealth's Petition were critical of the corporate management of PECO for its actions regarding Peach Bottom.

8. On March 28, 1988, the Commonwealth met with William T.

Russell, NRC Administrator for Region I, and his staff to review the status of various matters involving Peach Bottom, the Commonwealth and the Commission.

9. On April 1, 1988, the Commission issued an order in response to the Commonwealth's Petition to Intervene and Request for a Hearing. The order, inter alia, referred the matter to the Chairman of the Atomic Safety and Licensing Board Panel for a Licensing Board to consider whether the Commonwealth petition to intervene should be granted in accordance with the notice and the order.

10. On April 6, 1988, an Atomic Safety and Licensing Board was established to preside over the proceeding. The Board was designated, pursuant to the Commission's Order issued on April 1, 1988, to consider the issues arising from the proposed issuance of amendment to the licenses held by PECO for Psach Bottom.

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11. On April 8, 1988, John H. Frye, III, Chairman, Administrative Judge, Atomic Safety and Licensing Board Panel, issued a Memorandum and Order (Setting a Deadline for Filing of Contentions). The Memorandum and Order established a deadline of April 25, 1988 for the filing of the Commonwealth's contentions and any amendment it may wish to make to its petition.

12. In a letter dated April 6, 1988, Lando W. Zech, Jr.,

Chairman of the Commission responded to Governor Robert P.

Casey's letter of February 4, 1988. Chairman Zech declined to establish a discretionary, formal adjudicatory proceeding to consider matters involving Peach Bottom which the Commission believes are beyond the scope of the proposed license amendment which was requested.

13. In a letter dated April 8, 1988 PECO submitted a revised Restart Plan,Section I and II. According to the letter, the Restart Plan was revised after and as a result of the corporate management changes at PECO related to the Peach Bottom l situation.

14. In response to a request from the Commission, the Commonwealth has recently agreed to jointly host public meetings to receive public comments on PECO's revised restart plans for Peach Bottom. The meetings are tentatively scheduled for May 16 and 17, 1988. Public comments will be received regarding all l

issues raised by the revised plans and not merely issues raised by the proposed license amendments.

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15. The Commonwealth requires additional time to prepare  !

its contentions and any amendments which it may wish to make to its petition in light of the recent management changes at PECO and the submission of the revised Restart Plan. Both of these new developments have a bearing on the proposed license amendments and the Commonwealth's Petition.

16. The Board has the authority under 10 C.F.R. S2.714(b),

based upon a balancing of the factors in paragraph 2.714(a)(1),

to grant additional time to file contentions.

17. Pursuant to 10 C.F.R. S2.714(b), the Commonwealth avers that (1) it has good cause for the request for an extension; (2) there is no other means to protect its interest; (3) the extension is reasonably expected to assist in developing a sound record; (4) the Commonwealth's interest is not represented by any other party; and (5) the extension will allow the Commonwealth to better focus on the issues, in light of the recent developments, and should ultimately prevent delay in the proceeding.

18. Counsel for the Commonwealth and for PECO have conferred on the Commonwealth's Request, and the Commonwealth is authorized to state that PECO has no objection to the relief l

which the Commonwealth has requested.

In light of the foregoing the Commonwealth requests a thirty (30) day extension in which to file its contentions and i

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amendments to its petition, if any, from the deadline established in the Board's April 8, 1988 Order.

For The Commonwealth of Pennsylvania Department of Environmental Resources

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TIMOTHY D.' SEARCHINGER Deputy General Counsel RICHARD P. MATHER THOMAS Y. AU Assistant Counsel Room 505 Executive House P.O. Box 2357 Harrisburg, Pennsylvania 17120 (717) 787-7060 Dated: _ _.

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4 5~ih 3, qq N s UNITED sTATas Or AuxRICA "

NUCLEAR RacnATORY COuxIssIon

. APR 22 W"E '

ATOMIC SAFETY AND LICENSING BOARD k, -

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Before Ni=inistrative Judges ..

John H. Frye, III, chairman j

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Glenn O. Bright -

Richard F. Cole In the Matter of a Docket Nos. 50-277-OLA Philadelphia Electric Company :

ASLBP No. 88-569-06-OLA (Peach Bottom Atomic Power Station, Units 2 and 3)  :

Certificate of Service I hereby certify that copies of the Commonwealth's "Request for an Extension of Time in which to File Contentions and Supplement to Petition to Intervene and Request for a Hearing" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, this 22nd day of April, 1988:

Samuel J. Chilk George C. Freeman, Jr., Esq.

Office of the Secretary Donald P. Irwin, Esq.

U.S. Nuclear Regulatory Comm. Hunton & Williams Washington, D.C. 20555 707 East Main Street P.O. Box 1535 Docketing and Service Section Richmond, Virginia 23212 Office of the Secretary U.S. Nuclear Regulatory Comm. William T. Coleman, Esq.

Washington, D.C. 20555 John H. Beisner, Esq.

O'Melveny & Meyers Atomic Safety & Licensing 555 - 13th Street, b.W.

Board Panel Washington, D.C. 20004 i U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555

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John H. Frye, III, Chairman E. G. Bauer, Jr.

Atomic Safety & Licensing Board Philadelphia Electric Company U.S. Nuclear Regulatory Comm. 2301 Market Street Washington, D.C. 20555 Philadelphia, PA 19101 Glenn O. Bright Ann P. Hodgdon Atomic Safety & Licensing Board Counsel for NRC Staff j U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm. l Washington, D.C. 20555 Washington, D.C. 20555  :

Richard F. Cole Jay Gutierrez Atomic Safety & Licensing Board Regional Counsel U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 475 Allendale Road King of Prussia, PA 1940G Atomic Safety & Licensing Appeal Board Panel U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555

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RIdHARD P. MATIIER

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Assistant Counsel Room 505 Executive House P.O. Box 2357 Harrisburg, Pennsylvania 17120 (717) 787-7060 Dated -

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