ML20154D572

Advises That 860212 Motion Requesting Commission to Stay Effectiveness of Amend 1 to License NPF-39 Referred to Nrc. Pleading ,containing Contentions Proposed for Litigation,Referred to Aslb.Served on 860305

ML20154D572
Person / Time
Site:	Limerick
Issue date:	03/05/1986
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Anthony R ANTHONY, R.L.
Shared Package
ML20154D574	List: ML20154D572 ML20154D577
References
CON-#186-313 2.206, OLA, NUDOCS 8603060261
Download: ML20154D572 (1)

Text

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g NUCLEAR REGULATORY COMMISSION W ASHINGTON, D.C. 20555 Q,gd s

1 / DOLMETED wc g *o..+ / March 5, 1986

' ss'5'sEIv"' 16 MAR -5 P1 :13 SERVED MAR-51986 f0CYS g . p 4i Mr. Robert L. Anthony Box 186 Moylan, Pennsylvania 19065

Dear Mr. Anthony:

Pursuant to 10 CFR 2.772, I have referred your motion of February 12, 1986 to the NRC staff for response pursuant to 10 CFR 2.206. In your motion you had requested the Commission to stay the effectiveness of License Amendment No. 1 issued by the NRC staff to the Philadelphia

Electric Company (Limerick Unit 1). Under the Commission's newly promulgated regulations relating to license amendments, 10 CFR 6 50.58(b)(6), [these amendments have been adopted by the Commission and are expected to be published in the Federal Register the week of March 3, 1986] the Commission has made clear that it will not entertain requests to stay NRC staff decisions to make license amendments effective before conclusion of public proceedings on the amendments.

Accordingly, the only means available to challenge the staff's action is pursuant to 10 CFR 2.206.

On February 15, 1986, you filed with the Commission a pleading which contained the contentions that you propose be litigated in the Limerick operating license amendment proceeding. In the pleading you again requested a stay of the Limerick operating license. The contentions should have been filed with the Licensing Board presiding over the license amendment proceeding. Accordingly, I have referred your pleading to the Licensing Board. To the extent your pleading requests a stay, it has been referred to the NRC staff for response pursuant to 10 CFR 2.206.

S[nerely,

Samuel J. hilk Secretary of the Commission cc

Limerick License Amendment No. 1 ,

Service List j B603060261 060305 PDR ADOCK 05000352 0 PDR

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U.S. NUCLEAR REGULAIORY COMMISSION R3: PHILA.ELEC.CO. Limerick Gen. Sta. Units 1 & 2 Docket No: 50- 352,353 Feb. 12, 1986 PETITION TO THE COMMISSION BY R.L. ANTHONY /F0E FOR REVIEW AND REVOEIEG OF AMENDMENT TO LICEESE NPF *39 TO PECO BY DIR. PROJECT DIR No 4,AND PETITIOE FOR AN IMMEDIATE STJ ON THE EFFECTIVENESS OF THIS AMENDMENT Intervenor Anthony /FOR received today a notice of the issuance of Amendment No. I to operating license NPF- 39 by Walter R. Butler, Dir. BWR ,

Div. of Licensing , on 2/6/86.

The application for this amendment was the subject of our petitions to the Commission of 1/30/86 and 2/5/86 in opposition to the granting of this amendment and request for a hearing and leave to intervene. We repeat our peti-tion for the latter,and petition the Commission to suspend the effectiveness of the amendment until a hearing and a decision based on the hearing.

I We petition the Commission for an immediate stay on the effectiveness and implementation of the amendmen't. We petition the Commission to enforce the r e quirements of the Technical Specifications 4 6 3.4 ,and to require PEco to suspend op g of Wait i reactor on the date of the deadline for the re quired teste uhtil the tests have been carried out and the plant certified as safe to operate.

We assert that we have fulfilled the criteria for a stay with the specific statement of our vital interests and the threats to our financial interests, ,

safety and health in our submissions of 1/30/86 and 2/5/76.

I certify copies by mail to: Respectfully submitted ,

NRC Gen, Counsel, Docketing: Conner and Wetterhahn f i

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