ML20210T081

Advises That Air & Water Pollution Patrol Not Party to Emergency Planning Aspects & Did Not Participate in Hearings,Therefore,Has No Standing to Pursue Concerns in Remanded Proceeding.Filing Inappropriate for Consideration

ML20210T081
Person / Time
Site:	Limerick
Issue date:	10/02/1986
From:	Vogler B NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Cole R, Harbour J, Hoyt H Atomic Safety and Licensing Board Panel
References
CON-#486-0986, CON-#486-986 ALAB-845, OL, NUDOCS 8610080304
Download: ML20210T081 (2)

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c Wb 00WE TEl' USHFC g ET -6 P 445 October 2,1986 .-..w F VICI' f0C I BRANCH Helen F. Hoyt, Chairperson Dr. Jerry Harbour Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Richard F. Cole Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of PHILADELPHIA ELECTRIC COMPANY (Limerick Generating Station, Units 1 and 2)

Docket Nos. 50-352 and 50-353-Oh-

Dear Administrative Judges:

In a letter addressed to William L. Clements, Chief, NRC Docketing and Ser-vice Branch, the Air and Water Pollution Patrol (AWPP) resubmitted its filing entitled: Air & Water Pollition Patrol Responds to " Testimony Relating To Romand Hearing On Availability Of Bus Drivers For Owen J. Roberts &

Spring-Ford School Districts". Although dated September 8, 1986, AWPP's letter and refiled response was not received by the Office of the Secretary until September 16, 1986.

The AWPP was not a party to the emergency planning aspects of the Limerick proceeding and did not participate in the emergency planning hearings and the subsequent filings of findings and briefs. In addition, AWPP did not express an interest in, or participate in any manner on the remanded issue concerning the availability of school bus drivers for the two school Districts at issue. Therefore, AWPP does not have standing to pursue its concerns in this remanded proceeding and its filing is not appropriate for consideration.

See, Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), ALAB-845, 24 NRC , slip op. at 53, (August 28, 1986).

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In view of the foregoing, the NRC staff will not respond to AWPP's submis-sion unless so requested by the Licensing Board.

Sincerely, Benjamin H. Vogler Senior Supervisory Trial Attorney cc: Service List DISTRIBUTION Vogler/Chron Rutberg Lewis llodgdon McGurren Murray Christenbury Lieberman Olmstead WButler-P-924 RMartin-P-924 JGutierrez-Rgn. I OGC FF Docket Files /PDR/LPDR DSO7

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