ML20212N189

Responds to in Response to 860705 Petition to Commission,Supplementing 860227 & 0821 Petitions Re Immediate Suspension of License NPF-39.Expedited Decision on 860705 Petition Under 10CFR1.32 Requested

ML20212N189
Person / Time
Site:	Limerick
Issue date:	08/25/1986
From:	Anthony R ANTHONY, R.L.
To:	Stephen Burns NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#386-494 2.206, NUDOCS 8608280122
Download: ML20212N189 (1)

Text

N.

pae) qq .

Docket No. 50-352,353 B x 186 Moyla'aggh63.0 l August 25,Y M Mr. Stephen G. Burns Acting Asst. Gen. Counse.l Office of the General Counsel U.S. Nuclear Regulatory Commission, Washington,D.U. 20555. 86 AIE 27 All 08

Dear Mr. Burns,

f0 'N BRANCH We are responding to your letter of 8/13/86 on the subject of our peti -

tion of 7/5/86 to the Commissica. We want you to know that we are thank-ful to finally have a. response to our repeated petitions.to the Commission starting with our petition of 2/27/85 to suspend License NPF-39, issued to Phila Elec.Co.,for'cause. n We respectfulIy disagree with your opinion that our only recourse to request license suspension is through 10 CFR 2.206 and that we are not per-mitted to request relief directly from the Commission. We trust the4'you will agree that 10 CFR, Subpart 3, Sec. 2.200 (a) covers " a request from any person" and opeus up any of the alternatives under the various sections in this subpart as well as " other action as may be. proper,against any per-som subject to the jurisdiction of the Commission."'In this respect we call your attention to our Petition to the Commission for immediate license sus-pension of 8/21/86 mailed to the Gen. Counsel on 8/ 86. In this petition we apply legitimately for redress under Sec. 2.200 ,2.205,2.201(c),

2.202(f) and Sec. 2 780. We are enc losing an additional copy of this peti-tion.

etition In our 8/21/86 Ire request that the Commission act under 10 CFR 50.100 but we also petition on o own initiative under Sec. 2.200(a). Further-more,we point out that.in final paragraph of our 2/27/86 petition we re-quest alternative action under Sec. 2.201(c) because of willful violations, and an immediate show cause ordier Sec. 2.202.

Additionally we call attention to our rightsftr " seeking direct Commisariou action" under and review of and decisions on " decisions reached by staff offices 10 CFR 2.206," under 10 CFR 1 32 (b-) (Office of the General Cous-sel) by the Office of the General Counsel. Since our 2/27/86 petition was referred to the staff,against our wishes,under Sec. 2.206,we now avail our-

~

selves of General Coussel review of .Mr.Eisenhutis decisiou of 4/29/86 and Mr.

Denton's of 7/1/86 on our petitions for license suspension and request these decisions be overturned. We enclose a petition to this effect. Iu'connec-tion with our 8/21/86 petition we point out that Mr.'.Bernero's letter of .

8/5/86 constitutes new We ERABILITY OF LICENSEE STATEMENTS ".

information whichaction seek " direct Commission casts "(See.doub '

Again wg emphasize the injury and threat to our health and safety in the Commission & re fusal to suspend Lic.NPF-39 for cause scoording to the vio-lations and false information specified in our petitions. We ask the Office of GesCounsel to now render an expedited decision os behalf of the Commission on our petition of 7/5/86 under 10 CFR 132 (b),and we request that the Gew.

Counsel expedite a decision ou behalf of the Commission on our petitios,8/21,to the Commission under Sec. 1 32(b) sud Sec. 2.200 (a).

cc: NRC Sec., Docketing,D.G.Eisenhut,H.R.Denton, Staff Counsel, Yours respectfully, '

Commer & Vetterkaks 8608280122 860825 ,

PDR ADOCK 0500035m

_