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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20151L5181997-08-0505 August 1997 Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately) Re SL Nevin Deliberately Falsifying Records of RECW Sample Documentation on 960207 ML20151L3671997-08-0505 August 1997 Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately).Orders That SA Blacklock Prohibited from Engaging in Activities Licensed by NRC for 5 Yrs from Date of Order ML20203H6891997-06-0202 June 1997 Transcript of 970602 Enforcement Conference in King of Prussia,Pa ML20083N3971995-04-26026 April 1995 Comment Supporting Proposed GL, Pressure Locking & Thermal Binding of Safety-Related Power-Operated Gate Valves ML20081B3811995-03-0101 March 1995 Comment Supporting Proposed Suppl 5 to GL 88-20, IPEEE for Severe Accident Vulnerabilities ML20058K7381993-12-0303 December 1993 Memorandum & Order CLI-93-25.* Commission Denies State of Nj Petition for Leave to Intervene & Request for Adjudicatory Hearing Filed on 931008.W/Certificate of Svc.Served on 931203 ML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20057G2141993-10-14014 October 1993 Order.* Requests for Simultaneous Responses,Not to Exceed 10 Pages to Be Filed by State,Peco & Lipa & Served on Other Specified Responders by 931020.NRC May File by 931022. W/Certificate of Svc.Served on 931014 ML20059A4581993-10-14014 October 1993 Order Requesting Answers to Two Questions Re State of Nj Request for Immediate Action by NRC or Alternatively, Petition for Leave to Intervene & Request for Hearing. Operations Plans for Marine Transportation Withheld ML20059B1291993-09-14014 September 1993 Affidavit of Jh Freeman.* Discusses Transfer of Slightly Used Nuclear Fuel from Shoreham Nuclear Power Station to Limerick Generating Station.W/Certificate of Svc & Notice of Appearance ML20045D8121993-06-14014 June 1993 Comment Supporting Proposed Rules 10CFR50 & 54 Re FSAR Update Submittals. ML20126F2721992-12-21021 December 1992 Comment Endorsing Positions & Comments of NUMARC & BWROG Re Draft GL, Augmented Inservice Insp Requirments for Mark I & Mark II Steel Containments,Refueling Cavities & Associated Drainage Sys ML20062C6561990-10-22022 October 1990 Affidavit Requesting Withholding of Summary Rept on Evaluation of Recirculation Nozzle to Safe End Weld Indication & Proposed Disposition to Permit Unit 1 Cycle 4 Operation, from Public Disclosure,Per 10CFR2.790 ML20246J4521989-08-30030 August 1989 Memorandum & Order (Terminating Proceeding).* Terminates Proceeding Per Settlement Agreement Between Limerick Ecology Action,Inc & Licensee.W/Certificate of Svc.Served on 890831 ML20246F1011989-08-25025 August 1989 Joint Motion for Termination of Proceedings.* Board Moved to Accept Encl Settlement Agreement,Dismiss Limerick Ecology Action,Inc (Lea) Contention W/Prejudice,Dismiss Lea as Party to Proceeding & Terminate Proceeding ML20246F0121989-08-25025 August 1989 Memorandum & Order CLI-89-17.* Staff Authorizes Issuance of Full Power License to Licensee to Operate Unit 2 After Requisite Safety Findings Under 10CFR50.57 Completed. W/Certificate of Svc ML20246F1471989-08-25025 August 1989 Settlement Agreement.* Certificate of Svc Encl ML20246E3431989-08-22022 August 1989 Opposition of Intervenor Limerick Ecology Action,Inc to Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing.* Requests That Schedule Be Replaced W/More Reasonable Schedule,As Proposed.W/Certificate of Svc ML20246C0271989-08-18018 August 1989 Notice of Appointment of Adjudicatory Employee.* Informs That D Nash Appointed as Commission Adjudicatory Employee to Advise Commission on Issues in Proceeding.W/Certificate of Svc.Served on 890818 ML20246B7721989-08-17017 August 1989 Correction of Memorandum & Order of 890815.* Advises That Refs to 49CFR2.730(c) on Page 1 & 49CFR2.710 & 49CFR2.711 on Page 2 Should Be Corrected to Read as 10CFR2.730(c),2.710 & 2.711,respectively.W/Certificate of Svc.Served on 890818 ML20246D7411989-08-17017 August 1989 Transcript of 890817 Meeting in Rockville,Md Re Discussion of Full Power OL for Facility.Pp 1-58.Supporting Documentation Encl ML20246B7571989-08-16016 August 1989 Order Responding to Limerick Ecology Action Motion for Reconsideration.* Denies Motion to Reconsider,Stay,Suspend or Revoke 890707 Order on Basis That Order Appropriate.W/ Certificate of Svc.Served on 890816.Re-served on 890818 ML20246B7751989-08-16016 August 1989 Memorandum & Order.* Denies Rl Anthony 890623 Request for Hearing for Intervention in Remand Proceeding & for Stay of Low Power Authorization.W/Certificate of Svc.Served on 890816 ML20246B7931989-08-15015 August 1989 Memorandum & Order (Request for Expedited Answer).* Denies Licensee 890811 Request for Expedited Answer from NRC & Limerick Ecology Action on Basis That Request Lacks Good Cause.W/Certificate of Svc.Served on 890816 ML20245H8491989-08-14014 August 1989 Notice of Change of Address.* Advises of Council Change of Address for Svc of Documents ML20245H8061989-08-14014 August 1989 Supplemental Response of Intervenor Limerick Ecology Action, Inc to Memorandum & Order of Commission & to Memorandum & Order of 890807.* Requests Further Extension of Time in Which to Reply.Certificate of Svc Encl ML20245H5991989-08-11011 August 1989 Memorandum & Order (Terminating Proceeding).* Dismisses Graterford Inmates Contention Re Adequacy of Training for Drivers Responsible for Evacuating Graterford & Terminates Proceeding.Certificate of Svc Encl.Served on 890814 ML20245H7341989-08-10010 August 1989 Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing & Request for Expedited Answer to This Motion.* Divergence in Positions of Respective Parties Emphasizes Need to Conclude Proceeding.W/Certificate of Svc ML20245F7511989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to NRC Staff Response to Commission Questions.* Commission Should Rely on Licensee Cost Analysis in Response to Question 5 & Rc Williams Affidavit.W/Certificate of Svc ML20245F7161989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Environ Benefits for Operating Unit 2 Outweigh Small Risk of Severe Accident ML20245F7341989-08-0909 August 1989 NRC Staff Response to Commission Memorandum & Order of 890807.* Advises That NRC Will Provide Comments on Limerick Ecology Action 890814 Filing Prior to Commission Meeting Scheduled for 890817.W/Certificate of Svc ML20245F7291989-08-0808 August 1989 Affidavit.* Discusses Costs Incurred While Plant Inoperable. Allowance for Funds Used During Const,Security,Maint & Operational Costs Considered Proper for Calculating Costs for Delay ML20248D9241989-08-0707 August 1989 Memorandum & Order.* Extends Limerick Ecology Action Response Deadline to 890814 to Respond to Five Questions Re Severe Accident Mitigation Design Alternatives.W/Certificate of Svc.Served on 890807 ML20248D7871989-08-0303 August 1989 Correction for NRC Staff Response to Commission Questions.* Forwards Corrected Page 5 to NRC Response to Questions Filed on 890802,deleting Phrase by Nearly Factor 2.5 in Next to Last Line.W/Certificate of Svc ML20248D7111989-08-0202 August 1989 Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Commission Order Fails to Provide Intervenor Adequate Time for Response & Should Therefore Be Revoked.W/Certificate of Svc ML20248D5391989-08-0202 August 1989 Affidavit of MT Masnik.* Advises That Author Prepared Response to Question 3 ML20248D5671989-08-0202 August 1989 Affidavit of SE Feld.* Advises That Author Prepared Response to Question 5.W/Certificate of Svc ML20248D6451989-08-0202 August 1989 Affidavit.* Advises That Author Read Responses to Request for Comments by NRC & Knows Contents.W/Certificate of Svc ML20248D4721989-08-0202 August 1989 NRC Staff Response to Commission Questions.* Provides Info for Use in Commission Effectiveness Review of Plant Full Power Operation,Per Commission 890726 Memorandum & Order. Supporting Affidavits Encl ML20248D4971989-08-0202 August 1989 Joint Affidavit of Gy Suh & CS Hinson.* Advises That Authors Prepared Responses to Questions 1 & 4 ML20248D5311989-08-0202 August 1989 Affidavit of Rj Barrett.* Advises That Author Prepared Response to Question 2 ML20248D5981989-08-0202 August 1989 Response by Licensee Philadelphia Electric Co to Commission Request for Comments by Memorandum & Order Dtd 890726.* Licensee Requests Commission Issue Full Power OL for Unit 2 Conditioned Upon Outcome of Pending Litigation ML20245J1321989-07-27027 July 1989 Transcript of 890727 Meeting in Rockville,Md Re Facility Severe Accident Mitigation Issues.Pp 1-130.Supporting Info Encl ML20247N3261989-07-26026 July 1989 Transcript of 890726 Affirmation/Discussion & Vote in Rockville,Md on SECY-89-220 Re Order Requesting Info from Parties for Immediate Effectiveness Review of Full Power Authorization for Limerick Unit 2.Pp 1-4 ML20248D7331989-07-24024 July 1989 Second Rept of Parties & Request for Dismissal of Graterford Inmates Contention & Termination of Proceeding.* Requests Board to Enter Order to Terminate Proceeding Based on Parties Agreeing to Dismissal of Remaining Contention ML20247Q4621989-07-23023 July 1989 Response of Intervenor Rl Anthony to Answer of Philadelphia Electric Co (PECO) to Request for Hearing on PECO Application for Low Power Operation of Unit 2 & Stay of Any Operation in Keeping W/Us Circuit Court Remand Of....* ML20247B7261989-07-20020 July 1989 Notice of Appointment of Adjudicatory Employee.* Advises That H Vandermole Appointed to Advise Commission on Issues in Proceeding Re Severe Accident Mitigation Design Alternatives.W/Certificate of Svc.Served on 890720 ML20247B3821989-07-18018 July 1989 Memorandum & Order.* Orders That Severe Accident Mitigation Alternatives,Per Nepa,To Be Considered Include Containment Heat Removal,Core Residue Capture & Venting.Certificate of Encl.Served on 890719 ML20247B7641989-07-13013 July 1989 Motion of Intervenor,Limerick Ecology Action Inc,To Reconsider/Stay/Suspend/Revoke Order Authorizing Issuance of Low Power OL for Limerick 2.* Consideration of Accident Mitigation Alternatives Imperative.Certificate of Svc Encl 1997-08-05
[Table view] Category:PLEADINGS
MONTHYEARML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20246F1011989-08-25025 August 1989 Joint Motion for Termination of Proceedings.* Board Moved to Accept Encl Settlement Agreement,Dismiss Limerick Ecology Action,Inc (Lea) Contention W/Prejudice,Dismiss Lea as Party to Proceeding & Terminate Proceeding ML20246E3431989-08-22022 August 1989 Opposition of Intervenor Limerick Ecology Action,Inc to Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing.* Requests That Schedule Be Replaced W/More Reasonable Schedule,As Proposed.W/Certificate of Svc ML20245H8061989-08-14014 August 1989 Supplemental Response of Intervenor Limerick Ecology Action, Inc to Memorandum & Order of Commission & to Memorandum & Order of 890807.* Requests Further Extension of Time in Which to Reply.Certificate of Svc Encl ML20245H7341989-08-10010 August 1989 Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing & Request for Expedited Answer to This Motion.* Divergence in Positions of Respective Parties Emphasizes Need to Conclude Proceeding.W/Certificate of Svc ML20245F7511989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to NRC Staff Response to Commission Questions.* Commission Should Rely on Licensee Cost Analysis in Response to Question 5 & Rc Williams Affidavit.W/Certificate of Svc ML20245F7161989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Environ Benefits for Operating Unit 2 Outweigh Small Risk of Severe Accident ML20248D5981989-08-0202 August 1989 Response by Licensee Philadelphia Electric Co to Commission Request for Comments by Memorandum & Order Dtd 890726.* Licensee Requests Commission Issue Full Power OL for Unit 2 Conditioned Upon Outcome of Pending Litigation ML20248D7111989-08-0202 August 1989 Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Commission Order Fails to Provide Intervenor Adequate Time for Response & Should Therefore Be Revoked.W/Certificate of Svc ML20247Q4621989-07-23023 July 1989 Response of Intervenor Rl Anthony to Answer of Philadelphia Electric Co (PECO) to Request for Hearing on PECO Application for Low Power Operation of Unit 2 & Stay of Any Operation in Keeping W/Us Circuit Court Remand Of....* ML20247B7641989-07-13013 July 1989 Motion of Intervenor,Limerick Ecology Action Inc,To Reconsider/Stay/Suspend/Revoke Order Authorizing Issuance of Low Power OL for Limerick 2.* Consideration of Accident Mitigation Alternatives Imperative.Certificate of Svc Encl ML20246P4951989-07-0303 July 1989 Licensee Memorandum Re Proposed Design Mitigation Alternatives for Which Agreement Among Parties Could Not Be Reached.* Only Specific Alternatives Being Considered by Licensee & Should Be Given Attention.W/Certificate of Svc ML20246P3321989-07-0303 July 1989 NRC Staff Memorandum Supporting Staff Position Re Alternatives to Be Litigated.* Board Should Reject Limerick Ecology Action Suggested Items for Litigation Considered Outside of Scope of Remand.W/Certificate of Svc ML20246N9971989-06-30030 June 1989 Memorandum of Limerick Ecology Action,Inc,Per Prehearing Conference Order of ASLB of 890609.* Proposed Alternatives for Severe Accident Mitigation within Scope of Proceeding on Remand.Certificate of Svc Encl ML20245D2691989-06-21021 June 1989 Applicant Reply Memorandum in Support of Motion for Clarification Or,Alternatively,For Exemption.* Commission Should Determine That NRC Fully Authorized to Issue OL for Facility & Be Directed,Per 10CFR51.6.W/Certificate of Svc ML20245A5981989-06-15015 June 1989 Opposition of Limerick Ecology Action,Inc to Applicant Motion for Clarification of Commission Delegation of Authority & for Issuance of Ol,Or Alternatively,For Exemption from Procedural....* W/Certificate of Svc ML20245A5811989-06-15015 June 1989 Opposition of Commonwealth of PA to Motion of Philadelphia Electric Co for Clarification of Commission Delegation of Authority & for Issuance of OL & Opposition to Motion for Exemption.* W/Certificate of Svc ML20248B7471989-06-0505 June 1989 Applicant Motion for Clarification of Commission Delegation of Authority & for Issuance of Ol,Or,Alternatively,For Exemption from Procedural Requirement That License for Limerick Unit 2 Cannot Issue Until Contention Remanded....* ML20151T6901988-04-25025 April 1988 Response of Intervenor Rl Anthony to PECO 880331 Response & NRC Staff 880404.* Denial of Applicant Motion for Summary Disposition & Application for License Amend Urged ML20150F8721988-03-31031 March 1988 Licensee Response to Order of 880317 Requesting Clarifying Info.* Clarifying Info Needed to Decide Parties Submissions on Licensee Motion for Summary Disposition ML20149K9821988-02-18018 February 1988 Response of NRC Staff in Support of Licensee Motion for Summary Disposition.* NRC Agrees W/Licensee Motion Because No Genuine Issue of Matl Fact Exists to Be Litigated. Consolidated Contention & Proceeding Should Be Dismissed ML20196D6751988-02-0909 February 1988 Response in Opposition to Licensee Request for Summary of Disposition of Air & Water Pollution Patrol Opposition to Licensee Application for Amend to License NPF-39 & Exemption to App J of 871218. * ML20235A8101988-01-0606 January 1988 Licensee Opposition to Intervenor Rl Anthony Request for Extension of Time for Discovery.* Intervenor Request Should Be Denied as Intervenor Had Adequate Opportunity to Review Responses & Pursue Addl Discovery.W/Certificate of Svc ML20235A8041988-01-0505 January 1988 Air & Water Pollution Patrol (Romano) Reaction to Licensee time-defaulted Response for Production of Documents as Ordered by NRC Administrative judges,871120.* Requests That Util Be Reprimanded for Defaulting on 871120 Order ML20238D1601987-12-20020 December 1987 Intervenor Rl Anthony Request for Extension of Time for Discovery.* Extension Requested Due to Listed Obstacles Which Have Prevented Study of Matl Provided & Matl Missing ML20236T1781987-11-23023 November 1987 Licensee Memorandum in Support of Motion for Summary Disposition,Preliminary Statement.* Proposed Amend Does Not Downgrade Reporting Requirements for Iodine Spikes. Consolidated Contention & Proceeding Should Be Dismissed ML20236T1611987-11-23023 November 1987 Licensee Motion for Summary Disposition.* Forwards Util Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard,Memorandum in Support of Motion for Summary Disposition & J Doering & Js Wiley Affidavits ML20236P8241987-11-12012 November 1987 Air & Water Pollution Patrol (Awpp) (Romano) Objection to Licensee Objection to Intervenor Awpp Request for Opportunity to File for Discovery & Motion for Protective Order.* Failure to Monitor Proceeding Inadvertent ML20236P8971987-11-10010 November 1987 Intervenor Rl Anthony Objection to Philadelphia Electric Co Objection to Anthony Discovery & Request for Protective Order Dtd 871030.* Only Essential Matl for Appeal of Granting License Amend Requested ML20236N8971987-11-0909 November 1987 Response of NRC Staff to Rl Anthony Discovery Requests & Licensee Objections Thereto.* ASLB Should Deny Request,But Protective Order Not Opposed.Certificate of Svc Encl.Related Correspondence ML20236N8351987-11-0909 November 1987 Response of NRC Staff to Air & Water Pollution Patrol Motion of 871027 Concerning Summary Disposition & Discovery & Licensees Objections Thereto.* Motion Should Be Denied. Certificate of Svc Encl ML20236L7471987-11-0202 November 1987 Licensee Objection to Intervenor Air & Water Pollution Patrol Request for Opportunity to File for Discovery & Motion for Protective Order.* Certificate of Svc Encl ML20236H3911987-10-30030 October 1987 Licensee Objection to Intervenor Anthony Request for Discovery & Motion for Protective Order.* Certificate of Svc Encl ML20236H4091987-10-27027 October 1987 Memorandum & Order (Memorializing Special Prehearing Conference;Ruling on Contentions).* Motion for Board to Summarily Dispose Util Request Instant Amend & for Exercise to Discovery ML20236H3401987-10-25025 October 1987 Intervenor Rl Anthony Response to 871009 Memorandum & Order.* Author Has No Further Requests for Info in Addition to Items Recorded in .Util Should Provide Listed Records ML20236R7731987-08-26026 August 1987 Suppl to Petitioner Response of 870702 to Board Notice of Hearing & Order of 870729.* Petitioner Lists Contentions Opposing Granting of License Amend to Tech Specs for Plant Re Matter of Radioactive Iodine Spikes ML20237G9731987-08-21021 August 1987 Air & Water Pollution Patrol Suppl to Opposition to Radioactive Iodine Amend for License NPF-39.* Concerns Expressed Re Unusual Sensitivity of Thyroid to Iodine. Licensee Does Not Merit Amend,Based on Util Past Conduct ML20235M1751987-07-13013 July 1987 Staff Reply to Licensee Answers to Petitioner Requests for Hearing & Motions to Intervene (Licensee Second Argument).* Air & Water Pollution Patrol & R Anthony Failed to Meet Stds for Intervention in Amend Proceedings.Aslb Denies Petition ML20235G5851987-07-0505 July 1987 Awpp (Romano) Answers Licensee Argument II as Per Order of 870522 Re Representational Standing.* Urges Licensee to Show Cause Why Cable Pulling Necessitates Greater Air Leakage from Reactor Openings ML20235J0491987-07-0202 July 1987 Response by Intervenor Rl Anthony to Board Order of 870622.* Licensee Opposed to License Amend & Request Hearing to Form Basis for Board to Deny Request.Reduction of Control Over Iodine Spikes & Levels Is Threat to Health of Public ML20215J7661987-06-16016 June 1987 NRC Staff Response to Licensee Answer in Opposition to Request for Hearing & Leave to Intervene by Air & Water Pollution Patrol.* Board Should Reject Licensee First Argument & Anthony Request for Hearing.W/Certificate of Svc ML20216D3641987-06-16016 June 1987 NRC Staff Response to Licensee Answer in Opposition to Request for Hearing & Leave to Intervene by Air & Water Pollution Patrol.* ASLB Should Reject Licensee First Argument & Anthony Request for Hearing.W/Certificate of Svc ML20215D9491987-06-0808 June 1987 Intervenor Rl Anthony Response to ASLB Order of 870522.* Licensee Position Mistaken Both in Relation to Correctness of Petition to Intervene & as to Intent of Citizen Participation Specified in NEPA & Aea.Served on 870616 ML20214W5531987-06-0202 June 1987 Response Opposing Util Request for Legal Loopholes to Prevent Groups w/long-term Commitment to Insure Licensee Does Better Job Abiding Rules Re Public Safety ML20214G6271987-05-19019 May 1987 Commonwealth of PA Opposition to Graterford Inmates Petition for Review of ALAB-863.* Graterford Inmates Failed to Prove That Aslab Decision Erroneous W/Respect to Important Question of Fact,Policy or Law.W/Certificate of Svc ML20214A9491987-05-18018 May 1987 NRC Staff Answer in Opposition to Petition for Review of Inmates of State Correctional Inst at Graterford.* Inmates Failed to Establish That Issues Raised Re ALAB-863 Warrant Review.Commission Should Deny Review.W/Certificate of Svc ML20210C1011987-05-0404 May 1987 Petition for Review.* Review of Aslab 870417 Decision ALAB-836 Requested to Determine If Reasonable Assurances Given That Sufficient Manpower Will Be Mobilized in Event of Evacuation.Certificate of Svc Encl ML20212K5141987-01-23023 January 1987 Response of NRC Staff in Opposition to Graterford Inmates Appeal of Licensing Board Suppl to Fourth Partial Initial Decision.* Certificate of Svc Encl ML20207P9441987-01-12012 January 1987 Commonwealth of PA Brief in Opposition to Appeal by Graterford Inmates of Suppl to Fourth Partial Initial Decision:Preliminary Statement.* W/Certificate of Svc 1993-10-22
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U.S. NUCLE R REGULATORY COMMISSION PHILA. ELEC. CO. Licsrick Goa. Sta. Unito 1 & 2 DOCK 5T NO: 50-352,353 CC.
PETITION BY INTERVENOR R.L. ANTECN'f/F0E TO THE C05 CSSION TO SUSPEND CP.110.
NPF-39, ISSUED TQ PHILA,ELEC. ,10B CAUSE, AS SPICIFJD IN 10 CFR $0. log g Feb. #P1986
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SUSPENSION OF LICENSE. Anthony /F0E petitions tb Commispico un,ier the provi-cions of 10 CFR 50.100 to suspend the operating license, NPF-39,1MudfRRhy3.Q g l to PECo in August 1985, on the basis of cause,under the .specifi.: co.mplaints of violations, omissions and possibly deceptive information in PECo'Ihyeration of the Limerick unit 1. reactor set forth below. W-Se n 50.100 (above) states as cause,for revocation or suspension of a licenee any material false statement in the application...or other statement of ;
fact required.... (2.) .. conditions revealed...or statement.. report, inspection, or other means,which would warrant the Commission to refuse to grant a license on an original application....(3) or failure to .. operate a facility in accor-dance with the terms of.. license....(4) or for violations of,or failure to observe, cny of the terms and provisions of the act, regulations,licenec, permit,or order of the Commission. "
We present below the evidence on which the Commission should act to suspend license NPP-39 under the four categories lis*-d,in abbreviated form,from the pre- ,
vious paragra.ph. Our presentation follows tr.is orders (2.) " conditions revealed
....to refuse to grant a license.."(3)" failure to.. operate..in accordance with
. . license . . . . ( 4)* .Yiola,tions of,or failure to obe r ve. .the act,regul;tions,licenen, permit,or order..."(l.) .." any material falso statement..or other staterent of fact..."
We also review here the cumulative evidence which demands suspension of Lic.
NPF-39 from our appeale currently awaiticg NRC t.ction,and reinforce these with ovidence from curreat NRC inspection reporte,licenso event reporta , le t t e rs , e tc . ,
forth below. The following are the appeals in which wo era involved:
ce se{ LAB -819 is the 2nd PID and concerne external threats to safe operation.
LPB-85-14 involves flaws in,and violations of Offsite Emergency Plans.
ALAB 823 flooding and disabling control bldg. via openinga, Unit 2 to Unit 1.
ALAB 828 effluent releases to the environment from Limerick operation.
DD-86-1 review of 8 exemption of regulations threatening safe operation,Duit :
To NRR(1/17/86)vs. PEco requested changes of use limits for Schu Amendment No.l. to Lic. , exemption from T.S. 4.6 3 4 (1/30, 2/5, 2/ylkill water.12, 2/15/
N 85-3606 U.S. 3rd Cir. Court vs. exemption r offsite ergency exerqise.
c)$$ PEco Proposed Amend e t 50 F 53235 2 ? Anthony F0E petition 30 ASLB.
noc. These appeals are cited he[ow, accor.Rding to the ,
era or ates.
88 g CONDITIONS REVEALED WARRANTING REFUSAL OF LICENSE (2. above )
u 1. NRC would have refused PEco a full power license if it had evaluated the eithdrawal of confidence in PECo's ability to operate a nuclear plant (Brd.Notif.
Q< 85-070,7/22/85) stated thus: "the fundamental NRC concernis ...namely, inadequate
$c: canagemet t (PECo) control by the licensee of licensed activities performed by con-e a:n o tractors."(p.1.) An enclosure,(letter of T.E.Murley,5/30/85) gives details of two Severity Level III violations, Peach Bottom (App.A ) with assessed civil penal-ties $25,000 and Limerick (App.B ) assessed penalties 8 50,000. Mr.Murley further otates (5/30/85, p.2 ) :
~}$o3
-- 2 ..
- tha Thasa violationo end throo ot,Pacch Botttm fccility d0monstrato thst iccdequ- ,
oto overoight cnd control cf centractor cetivitioc io not licitsd to the par-
. ticular f acility Jaanagement, but also involves corporatgmarage=ent. Further, the violations at Limerick represent the second instance a year of PEco's in-adequato control of contractor guard force activities.
- 2. A Januarg inspection of this year shows that the lack of guard protection continues and geall for suspensien of the license until safe guarding of the plant is assured.( Insp. 86-01,1/17/86 ) (p.l.) Enforcement action was consider- ,
cd on 2/7/86 under the instigation of T.T. Martin because of a openings and degradations of protected area / vital area barriers and to review allegations relative to security officers leaving their posts without being ,
relieved.
And Insp. 85-42 ( 1/27/86)(p.3) included a review of previous commitments made by the licensee to NRC Region I as... follow-up of allegations regarding the removal of potentially sensitive security drawings From % $ M M % listed above it seems obvious PECo does not control its guards.
- 3. uazagement's PECo apparent inability to profit from NRC instruction and in spite g
the assessed penalties of 3 25,000 and 8 50,ooO, abo <e,shows up further in Inspee. .
th 86-02(p.7)w he same discredited Radiation Work Permits system still being re-lied on, '" adopted,with .some modification,from the Peach Bottom station."
- 4. PECo's proposed restart of construction on Unit 2 involves threats to safe operation of Unit 1 which should prompt NRC to suspend the license until c11 provisions hs.ve been completed to isolate the construction from Unit 1 opera-ing tion. Our appeal, ALAB-823 highlights one of the ggflood ofn the contrcl builgregviaconstructionopeningsfromUnit2withthe,lossofcoolingequipment requ in ,
to keep the sensitive control systems g gtional, in order to 'be able to control snd shut down the reactor. Insp. 86-01 describes new breaches between Units 1 1 2.
Under the threat of water from Unit 2 and new construction openings adding aug- ,
cented hazards to Unit 1 operation, license NPF- 39 must be auspended since this license would not have been issued if these hazards had been known in August '85 5 Our appeal, ALAB 828, warns of the danger to the public from Limerick effluent releases. Current examples of PEco's careless, dangerous operation call ,
for iu:sediate suspension of the license. Inspec. 86-02(p.4) describes a radionetive relesse at dangercue levels directly to the environment for about 45 minutes via the north exhauet etack. PECo could not sample or record how high the levele cere (p4.) " due to locked security doors at the access to the north stack.."
This hazard is still open for another inspection. (86-02-01) '
- 6. Insp. 86-02 details more effluent releases >(p 4&5) 300,000 lbs/ water hr steam flow into the condenser and its bay with uncertain levels of radioeetive persee-ting to the outside, probably more than 100 gallons . PECo has no meseure of the damage resulting from these two releasec nor a spill (p 9)from drain lines on 1/8/86 when a " sink overflowed into a floor drain which was purped to the on-oite holding pond (which) is discharged to the Schuylkill River'.'(Open itec 86-02-05
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- 7. Ia codition to tho alarmieg nature of those rsicasco is f.ho concluston that FECo is handicapped in preventing repatitioom because " the licenase does not have a procedure to capture the .fseta reintive to potantial radiologtcal incidents and provide for a timely manEgemect revies of these incidents." Iger.
86-02. (Open Item 86-02-02). This situation calle for suspeneton of the license.
- 8. Purther evidence for immediate suspension come from the following inspec- ;
tions: 85-30, radioactive sater spill (p14), resin-water epill (p 17),and un-certain drywell temperature control (unresolved 14e2 85-30-03, p. 19,20); and 5
85-36/85-09 (p 16-le) the possibility of flood water entry into the control struc- '
ture (see para.4. above) which"could impact personnel habitability and electronie -
oquipment throughout the control structure". This loss of tooling possibility forces a heretofore unconsidered threat to -operatioc 8Ddthe neceseity to"addrosefes) tha determination of ao effective temperature .... which would requi;re initiation
- of a plant shutdown *(p 17). Uncertainties as to " permanent moli'fications (p 19)
...to preclude flood water entry,and the implementation of administrative controls alSo for opening of Unit 2 " ( unresolved item 85-36-02) needssitate license susyencior, 9 The preesst. continuing vulnerability of the Emergency Service Wster System poses a threat to safe operationwhich was not evaluated before issusace of the license in the way it can be now. In Insp. 85-36 fp 3) questic,8 in a BNL report on the need for a procedure to realign ESW cooling water" point up the ritska to safe operation which have not been sufficiently covered.( unresolved 85-36-01)
Ins p. 85-43 warns further of risks associated with ESW and cites a Level IV violation (App. A) of locking procedures on discharge valves.This witnesses to
.PECc's careless operation. Purtherrore,the prediction that "the loss of ESF Loop B also causes EPCI to be inoperable,along with two RHR and two Core Spray pumps (and)...the less of EST Loop A causes #RCIC to be inoperable,along with two RER and core spray pumps" rosas tha threat the loss of emergency power and cooling, ,
and the ability to safely shut down the reactor. (p 15) " The effect of the Limerick ESW system design for HPCI and RCIC room coolers is identified as an unresolved ites. (352/85-43-02) ".
Further warnings (p.15) come from PRA, 8/81,which " discussed dominant inter-est event contributors,and in particular the risk importance associated with,for ext ple,a 1c sc of HPCI or RCIC room cooling" and a .BNL review, 8/84, which " cov-cred ESW design,preoperational testing and operating procedures,and focased upon the EST system because of its PRA importance."
FAILUSS TO OPERATE IN ACCORDLNCE WITH THE LICENSE ((3.) under Sec. 50.100 above)
Our oix appests waiting for NRC action all involve failures by PECo to oper-cte in accordance with the terme of the 3 conse. A seventh is in the Third Cir-cuit Court for review of NRC's refusal to enforce its regulations on emergency 4
plerniog f or the safety of the public in case of a Limerick nuclear emergency . ,
- 10. Our a;feal, ALAB S28, demands that NhC insiet on pr otection of the public
- fro
- FEco'e Licerick radioactive emissions by adequate limits,and suspension of rea: tor operation until there is assurance against any more relenses such as ;
that detailed ie Insp. 85-4e (p.3) and those in paragraphs 5,6,& 8 above. In
. . .u
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para. 7 above (Jpen stem 86-02-02) .WhD currently finda tkst FECs in ac'3 stic
, to control auch releases because it is not equitpe? to analy4e thees failures. -
PFCo, therefore,should not be allowod to oporste under such riske $c the public,
- 11. In connection with the cooling water for the Unit I rssetor PEC9 is in violations of the environmental limitations of Appendia ) of Licess6 NFF 39 as ,
cet forth in our eppsal of 1/17/86 to NRR. We petitioned NRQ to stay the oFeration -
and su* pend the license until .PECe fulfills the requiremente of Append 17 3
- 12. Appeal LPB-f6-14 contains the evidence that the public is not protected, cnd the license should be suspend $d because the hssring process oo dfsite exer-gency p1soning was fleved and inadequate. The regulotions were cot fulfilled.
13 A further drastic threat to the public came in NRC's ref usal to enforce 1G CFR App. X, Sec. iv. 7.1. which requires a full partio$pation offsite ere -
eice to test the czergency evacuation apparatus. The exerci.se is required with-in a y6ar of the licence iceuance .Up to the prseent,19 aanthe have parsed since the last ererciee. There is 09 sosurance that en emergency evac 9ation not of the EFZ coald be undertaken or could suc0ced.Mesnwhi.le Cur etteopt to prctect the public is frustrated cy nRC's blocking of our petition to the 3rd Cir.Ct.,9 85-3606 7ne 11conce must te suspended until public evacustion can be tested ard assured.
14 NEC permitted a violation of License NFF-39 in issuing to PECo on 2/6/66 Amendssnt No,1 which extends the time for exc6as flow chech va17es testir.3,ar required ander Tech. Spec, 4,6 3 4, for 14 weeke. thereby leaving uncertain the functinning of etsectial sy6teme fr,r scfe opere. tion. The reactor must te e, hut down se == petitioned KRC on 1/jo,2/5,2/12,and 2/15/66, unsi these teste are sat sfied. PECo's had fcith and NRC's padleipation in this evasion of safety require = ente Je evidenced in the Jan. '66 operating report for Limerick, dated 2/14/86 which snows the reactor shut domu from 1/3 to 1/9 sud 1/14 to 1/70. During those 13 dsys the test cou3d apparently have been made and the risk of time ettention avoided. Any furths risk must be etopped by suspension of o;eration until the taste
- i 15 PECo proposes to furtber gantle with eenential leak rate tests of . rimary containment iesletion valves to a requ9et for extention of time from Marct to toe end of May, 50 y B. 33233 T. solation of the prJmary cootainment is a key eleoent in the safe shutdown of the reactor in case of a radiological accidet t .
Operation of the re. actor cust be suspended until thsr3 tea,ts are satisfied and
-this calls for 1rmediate sue. pension of the liceoes, We opp 9 erd the granting of this atandment for a time ertsntico in our subsission of a petition to inter-vene to ASLB on 2/26/86, There is added evidence of bad faith oo PEco's part in the r ccrd of reactor shutdown for 35 days from October through January, i.e.
22 m re days when these test could have been p*rformed beside the 13 in Jac.(per.14 FA!L' <5 OE VIOLATIONJ UNDER THE ACT,hEGULATIONS,LICEN&E,ORLS?.,((4) usder sea.50.1CO)
Tne fourth clause in 10 CPR $0.100 cites as a cause for su.epansion: "violatione
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cf yor failuro to churve,cny of tha the taras cnd pr?vioica3 of th3 ceteraguic-tiova, license,yermit,or order of the Ccamission."
- 16. Th, Atomic hergy Act prCvides for protection of the public health And ,
cafety by senring. the regulation of reactor operation to that end. Ths violations end hazards speciflei above ec:sprcaise thie asfe operation and theresten us and
$La public in the vicinity of Limerick,and eveo at the distanca shore intervenor AL. AMhony lives. Thetis violations aler ecse' der our rights for a safe environ- '
cent guarantead under NEPA. We petition for suspecolon of the Itcense until. the protection of our safety , health and lives under these acts te ande certain. ,
17 The violatione ced carelese raperation of the reactor sat forth above pro-
, vide conclusive evidence of the unsaf6 cperation of Ligerick,the risk of acoidents gzd the resulting threats to our henith end livse, and those in $he coundnity. We ripest he.re that NRC cas detted us pr^tectiot under the acta (above) by failure to oci to protect or with workable emet 6ecoJ Pl*38( LPI-95'14), lack of action to vinist ons via protec t the control buildingynd protect 17ait i f-regenne ruction openlogs from Unit 2 ( ALAE -S23),and failurs to protect ce;Sinst offsits effluent releeses(ALA3-SM) . g .
- 18. NEC i$geeted to oteerve the provia$oce of the act and the decimien of the NO. Circuit Coert ( USC 735 F 2d 1437 ( 1984 ) in the aremption fra an emerg.-
oncy offnite nereise and a hearing on this. ( par. 13 above.)fy 1 Cir. 85-3606.) ,
19 JtRC's cceperation with JSCo in finding " so rignificant effect on the quality of the huasn anyiror. ment" in I-ECo' amendment requests, 50 F.R 52374 and
- 50 F.R.53235.and refusal of proper ecrironmental assese:nent or impact, violates Qur righte und 9r ths acte above.
- 20. In a parallel way .our rights were violated in thegranting of exemptions ,
to 10 CP:t f art 50 require:uinte,(SO F.R. 27388!. These exemptions ignore the .
1,f. creased riek in operation a'id the threat to our besith and safety from the ,
teen poss iM a resulting acef ients. The acts above,therefore,t*%viole.ted and the lic-er. a cuet be tuspendsi. Wa opposed these exe:sptione, but NRC refused eny remedy in DD-36-1,
. The risks added by these ex*.spticae ha.ve compocnded by added exe.t.ptions and viointicas as set forth D cur text .above,speciff cally as .follnes (50 F.R.2736ah ;
Cre:ption B.concerne inciation valve riske as does 50 7.R. 53235 (15. above).
C. posea riska to ESW,RUR, and EURSW 3r.phast=ed further above ( S.) .E . involves caic steer isolation wher.e PEco'e.operr. tion is la datgerous trouble as shorn in ;
Insp. 65-46 and 06.-02 ( 6.and 10. above). G.. involves the faulte in design thnt j prevent leek ra'.e testics MR valvee, cote cf the sene valv.ee endaogering the ,
sat'e oper& tion cf the Eiergety 1srvice Water eupply ( 9.) (% Insp. 85-43 ) j The emption.s (M-86-1) shout d never have been granted cud cur appeal agsinet ;
the. xtst be betored vis th.e immediate su spension of the license.
I MAT 6 RIAL FALSE CTATi*'ENT OF FACT REQUIP.ED OF AMJ.ICANT ((1.) under Sec. 50.100 ). I no i We coceider,,wtne fire t clause in 10 CPh 50.160 in our final estegory of j evider.ce callir.g for the suspension of the licanee. The specific c5958 her. 1e l
-. 6 --
- idcutifica co " cny cot 0rici fclso chatsment in tho cpplicatice or licanas or in the supplemental or other ststement of fact required of the applicant." We casert that PECo,while it sa not have deliberately made false statemente,has created false impressions as Its ability to safely opergte the Limerick reactor chich Ere now Pe futed by the evidence and, therefore, require - an immediate sus-pension of the operating license.
- 21. FECo's record of a totcl uf 102 Licensee $ vent Reporto,LERs, in the year 1985 refutes the impreeston which PEco would hsva liked to create that it may be cettling into reliable, safe operation of the reactor. Indeed:the opposite is trues PESO has not developed reliable control of personnel performance or operating .
processes.. More than i of the LERs are due to personnel error and 15% additional can be attributed to faulty procedures or handlin6 of equipment. ,
- 22. The serias of LEta connected with the control room chlorine analyser pro-viJe evidence of PEco's incompetence and refute the deceptive assure. noes in these reports that PE0o has the operation under control. No competent management could !'
ollow malfunctioning of this oestrol roca equipment for almo t sa year and . half, for a totsi of 21 itestical LEPs (see LER 86-06) without decisive action.devaluing This cituatico not only testifies to incomyetenca but seems to display a danBerous fs of distra:tions in th contrcl room which could contribute to confusion act panic in an emergeccy. The lack of ?ECo rem $gement controlls reinforced by the finea 4 cassaed by ERC (. Par. 1.) and NRCas finding that it " involves corporate management."
, 23 Phile the falso impressions above nsy not be seen se willft11 they show fundamental lacke in PECo's ability to operate safely and they call for suspencion.
4 Other aspects of P3co's autma:ssions in connection with the operating license and crendments seem to border on willfull deception. We refer specifically to PEco's regaeote to change the standards for withdrawal of cooltog vtter from the Schuyitill, cud PE0e's raquests for extention of time for test in 50 F.7352874 ana 53235(19.atov We opposee the former in our petitio'o to FRR,1/.lT/e6,rtich Ann not been answered to ca7 knowledge We assert PEco ued deception dn oe,111n6 for ways to manipulate the a=ount of water to be taken from the Schuylkill ie def ault of its commitment to the DRBC contract, approved I;7 NBC, to abide br the^ river folloeer" principle, including,of couree low flow cond1+1ons thich wotid prevent with(tawals.
g
- 24. In conne: tion with the cuendment requestc from TEco for extentions of test schedules,PECo used deception and was not pYoceeding in good ftyr,a when it did no t take advantSEt of the 35 days the p*iant eas ska t down from October to Janucry to cosplete these tests. This appesta lo constitus. w111fs11 deception at3 consti-tutes adequata ceuse for suspension of the lioenee. ( 15.)
s
, CRLEk TO SRCE CAUSE . S$nce there i s 6verwhelming evidenc e above for the suspenet on Ef~IEecse AH-Wiinder the prc e;'.utons of 10NR 50.100,ve petition NRQ for immedi- '
ote euepensioc,or as un alterno tiva to find under 10 CFa 2.201 (c)*, hat the public health safety 53C therefore,the andorderninterest the ttro' itimmediately r,e'ir10te; p
and that there underare willfull Sect. 2.202violations to issue a and shes cause order for the unspe aeion of License NPF-39.
Respectfu submitted, acr le6 Usylan,Pa.19065 gjg g$lyj;., fpfryu
.I_
Mt.
.r 16 19R -3 4151 ,
0FFICE Li DOChEiiht bR, i I certify tha*, copies of P.ETITION BY INTk:RYENOR R.L.OTHONY/F0E TO THE C0 EMISSION TO SUSPEND OP. LIC. NPF .39 have toen served os s BECs General Voucecl, Docketing and Service, H.Denton F.Romane, NER, ASLB, LEA .
Seetatarbf ALAN, Si Couna,1. Conner & Wetterhahn,
# 8 C N' 2/9/86 2
Box 186 Moylan,Pa. 1900(
w - ~~v .s~~~-.. < ,,y,,. s.,,,,,
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