ML20151U026

Memorandum & Order Dismissing Limerick Ecology Action Contention VIII-12(a) for Lack of Controversy,Per Stipulation of Parties & Vacating LBP-86-3.Served on 860207

ML20151U026
Person / Time
Site:	Limerick
Issue date:	02/07/1986
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	LIMERICK ECOLOGY ACTION, INC., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
References
CON-#186-002, CON-#186-2 ALAB-830, LBP-86-3, OL, NUDOCS 8602100441
Download: ML20151U026 (2)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '86 FEB -7 P2 58 ATOMIC SAFETY AND LICENSING APPEAL BOARD cpgg 00CKE li:< : .

Administrative' Judges: BRAM Christine N. Kohl, Chairman February 7, 1986 Gary J..Edles (ALAB-830)

Dr. Reginald L. Gotchy M.RVED FEB -71986

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In the Matter of )

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PHILADELPIIIA ELECTRIC COMPANY ) Docket Nos. 50-352 OL

). 50-353 OL (Limerick Generating Station, )

Units 1 and 2) )

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MEMORANDUM AND' ORDER-In ALAB-819, 22'NRC 681, 711-16 (1985) , we reversed and remanded a limited part of the Licensing Board's second

. partial initial decision insofar as it concerned intervenor Limerick Ecology Action's (LEA) contention VIII-12 (a) .

Specifically, we fou A that there were not adequate backup-medical arrangements for the treatment of indi'viduals contaminated.and injured onsite. Under the auspices of the Licensing Board, the involved parties (applicant Philadelphia Electric Company (PECo), LEA, the Commonwealth of Pennsylvania, and the NRC staff) acted in accordance with our remand and reached an agreement on the resolution of this. issue. This agreement is embodied in a stipulation, signed by-all four parties, permitting the Licensing Board to " enter an appropriate order dismissing LEA's contention (VIII-12(a)] for lack of controversy." See Stipulation at 3, attached to letter to Licensing Board from A. P. I!odgdon (January 17, 1986).

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2 The. Licensing Board, however, has issued a " partial initial decision" with findings of fact and conclusions of law on this matter. See LBP-86-3,'23 NRC __ (February 4, 1996). But under th'e Commission's regulations, a board in an operating license proceeding is not authorized to

" decide" matters not in controversy. 10 C.F.R. S 2.760a.1 Thus, the Board should have simply entered an order dismissing the contention, as all the parties stipulated.

'See Portland General Electric Co. (Trojan Nuclear Plant),

ALAB-796, 21 NRC 4, 5 (1985).

Accordingly, LEA contention VIII-12 (a) is dismissed per the stipulation of the parties, and LBP-86-3 is vacated.

It is so ORDERED.

FOR THE APPEAL BOARD O. &Y n A C. Jeq1 Shoemaker Secrebbry to the Appeal Board Mr. Edles did not participate in this memorandum and order.

Section 2.760a does authorize boards to raise sua sponte significant safety, environmental, and security issues, but that provision is not invoked in the circumstances here.