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Category:INTERVENTION PETITIONS
MONTHYEARML20247B3941989-07-13013 July 1989 NRC Staff Response to Rl Anthony Request for Hearing & for Intervention.* Commission Should Deny Anthony Request Due to Anthony Interest Not within Scope of Remand.W/Certificate of Svc ML20246P0581989-07-0707 July 1989 Answer by Philadelphia Electric Co to Request by Rl Anthony for Hearing & Admission as Intervenor.* Anthony Not Entitled to New Hearing on Emergency Plannning or Other Safety Issues & Request Should Be Denied.W/Certificate of Svc ML20245J3681989-06-23023 June 1989 Request by Intervenor Rl Anthony to Be Continued as Intervenor in Licensing Process for Unit 2 & for Hearing Under 42 ESC Section 2239(a) as Affected Person,Endangered by Philadelphia Electric Failure to Satisfy Plant....* ML20235B4271987-09-16016 September 1987 Response of NRC Staff to Proposed Contentions of Air & Water Pollution Patrol & Rl Anthony.* Board Should Deny Requests That Hearing Be Held in Connection W/Proposed Amend. Certificate of Svc Encl ML20238F1771987-09-11011 September 1987 Licensee Answer to Contentions Proposed by Intervenors Air & Water Pollution Patrol & Rl Anthony.* Air & Water Pollution Patrol & Rl Anthony Failed to Plead Single Admissible Contention.W/Certificate of Svc ML20214N1231987-05-22022 May 1987 Licensee Answer in Opposition to Petition by Rl Anthony for Leave to Intervene and for Hearing.* Petition Deficient Under Rules for Intervention.Certificate of Svc Encl ML20214N2251987-05-20020 May 1987 Licensee Answer in Opposition to Request for Hearing & Leave to Intervene by Air & Water Pollution Patrol.* Supporting Info Encl.Certificate of Svc & Notices of Appearance Encl ML20214A9301987-05-14014 May 1987 Licensee Opposition to Petition by Graterford Inmates for Review of ALAB-863.* Review Opposed on Grounds That Inmate Petition Failed to Show ALAB-863 Erroneous or Justify Claims of Prejudice.Certificate of Svc Encl ML20214M7331986-09-0404 September 1986 Petition of Air & Water Pollution Patrol for Leave to Intervene Opposing Applicant 860819 Application for Amend to License NPF-39.NRC Address List Encl ML20212N2871986-08-25025 August 1986 Petition of Rl Anthony for Leave to Intervene & Request for Hearing ML20210N4841986-04-29029 April 1986 Petition for Reconsideration of 860227 Petition to Suspend License NPF-39 Due to Faulty Referral to Director of NRR, Inappropriate Response & Restating of Petition Under 10CFR50.100 & 10CFR2.201(c) ML20154R5151986-03-26026 March 1986 Answer Opposing Rl Anthony 860226 Contention Suppls on Amends 1 & 2 to License NPF-39 Due to Failure to Satisfy or Discuss Lateness Criteria & Lack of Standing ML20154R5261986-03-26026 March 1986 Answer Opposing Fr Romano 860319 Late Filed Suppl in Response to Notice of Opportunity to Request Hearing on Proposed Amend 1 to License NPF-39.Romano Failed to Plead Admissible Contention.Certificate of Svc Encl ML20210E1911986-03-19019 March 1986 Suppl to 860215 Petition for Leave to Intervene on 860130 & 0205 Requests & Provides List of Contentions Vs Amend to License NPF-39 ML20138A8931986-03-17017 March 1986 Response Opposing Petition of Air & Water Pollution Patrol for Leave to Intervene & Request for Hearing Re Amend 1 to License NPF-39.W/Certificate of Svc ML20138A9081986-03-17017 March 1986 Response Opposing Rl Anthony 860215 Contentions Re Util Request for Amend 1 to License NPF-39,extending 18-month Surveillance Interval by 14 Wks Beyond Max 25% Extension Allowed by Tech Specs.W/Certificate of Svc ML20138A9511986-03-17017 March 1986 Response Opposing Rl Anthony Contentions Re OL Amend. Contentions Lack Requisite Specificity & Bases Under 10CFR2.714(b).Notice of Appearance & Certificate of Svc Encl ML20138A8851986-03-13013 March 1986 Petition of Rl Anthony & Friends of the Earth for Leave to Intervene & Request for Hearing ML20141N1611986-02-26026 February 1986 Petition of Rl Anthony & Friends of the Earth for Leave to Intervene & Request for Hearing in Opposition to Util Request to Amend Tech Specs 4.6.1.2.d & 4.6.1.2.g to License NPF-39 ML20205K5471986-02-25025 February 1986 Response Opposing Rl Anthony/Friends of the Earth 860205 Petition to Intervene & Request for Hearing Re 851218 Proposed Schedular Amend from Testing Certain Excess Flow Check Valves for 14-wk Period.Certificate of Svc Encl ML20141N1371986-02-24024 February 1986 Petition of Air & Water Pollution Patrol for Leave to Intervene & Request for Hearing ML20214C9141986-02-19019 February 1986 Answer Opposing 860130 late-filed Petition for Leave to Intervene & Request for Hearing by Rl Anthony.Certificate of Svc Encl ML20154D5771986-02-15015 February 1986 Petition of Rl Anthony & Friends of the Earth for Leave to Intervene & Request for Hearing ML20141M8271986-02-12012 February 1986 Petition of Rl Anthony & Friends of the Earth for Hearing & Immediate Stay on Effectiveness & Implementation of Amend 1 to License NPF-39.Util Should Be Required to Suspend Operations on Deadline Until Tests Performed ML20151Y7851986-02-10010 February 1986 Opposition to 860126 Petition by Friends of the Earth for Review of ALAB-828.Intervenor Has Shown No Issue of Fact,Law or Policy Which NRC Should Review.Certificate of Svc Encl ML20151T9881986-02-0505 February 1986 Amend to 860130 Petition of Rl Anthony & Friends of the Earth for Leave to Intervene & Request for Hearing.Extension of 96 Days for Testing Instrumentation Lines Vital to Safe Operation & Shutdown Requested.W/Certificate of Svc ML20094A2831984-11-0202 November 1984 Answer to Intervenor Del-Aware Unlimited,Inc,Revised Contentions V-14 & V-16.Proposed Contentions Should Be Denied & Del-Aware Dismissed as Party.Certificate of Svc Encl ML20094A8691984-10-23023 October 1984 Appeal from Second Partial Initial decision,LPB-84-31 & ASLB 840901 Motion to Set Aside & Reopen Contentions V-3a & 3B & Petition for Stay ML20106C5081984-10-19019 October 1984 Revised Contentions 14 & 16 Re Destruction of Eligible Natl Historic District of Point Pleasant & Adverse Effect on Salinity Levels & Water Quality in Delaware River, Respectively.Certificate of Svc Encl ML20093F0851984-10-0909 October 1984 Response to Limerick Ecology Action Refiled Deferred Offsite Emergency Planning Contentions.Certificate of Svc Encl ML20093D6331984-10-0909 October 1984 Answer Opposing Limerick Ecology Action (Lea) Deferred Offsite Emergency Planning Contentions.Lea Respecified Contentions Should Be Denied.Certificate of Svc Encl ML20093C0991984-10-0101 October 1984 Respec of Offsite Emergency Planning Contentions.Certificate of Svc Encl ML20097C5551984-09-13013 September 1984 Answer Opposing Limerick Ecology Action (Lea) 840906 Respecification of Offsite Emergency Planning Contentions. ASLB Should Dismiss Any Contentions for Which Lea Fails to Proffer Direct Testimony.Certificate of Svc Encl ML20096A7221984-08-29029 August 1984 Response Opposing Air & Water Pollution Patrol 840814 Pleading on Reopening Contention VI-1 Re Welding & Welding Insp Infractions.Certificate of Svc Encl ML20095E4271984-08-21021 August 1984 Answer Opposing late-filed Air & Water Pollution Patrol 840808 New Contention Re Evacuation.Contention Lacks Basis & Specificity & Fails to Show Good Cause for Late Filing. Certificate of Svc Encl ML20095E4401984-08-20020 August 1984 Provides Addendum to Air & Water Pollution Patrol 840816 New Info Contention Re Polyvinyl Chloride.Fifth Criterion Re Breakdown of Polyvinyl Chloride Inadvertantly Omitted.Small Delay in Proceedings Ack for Large Public Good ML20095C0251984-08-16016 August 1984 New Info Contention Re Health Hazard Via Polyvinyl Chloride Fill Used in Reactor Cooling Towers.W/Svc List ML20094K0871984-08-0909 August 1984 Reply to Applicant & Staff Answers to Cepa Safety Contentions.Contentions Should Be Admitted.Certificate of Svc Encl ML20094J7761984-08-0808 August 1984 New Contention That Applicant Must Provide Fully Testable & Capable Emergency Evacuation Plan Prior to Receipt of OL ML20093N2651984-07-27027 July 1984 Answer to Consumer Educ & Protective Assoc 840717 Safety Contentions.Contentions Lack Basis,Concern Ratemaking Matters Outside NRC Jurisdiction & Should Be Denied. Certificate of Svc Encl ML20093E4241984-07-16016 July 1984 Safety Contentions Re Util Inability to Conduct Full & Safe Test Procedures.Certificate of Svc Encl ML20090A6751984-07-10010 July 1984 Answer to New Proposed Contention by Air & Water Pollution Patrol Re Gross Alpha.Certificate of Svc Encl ML20092N1501984-06-26026 June 1984 New Contention That EPA Max Containment Levels for Gross alpha,Ra-226 & Ra-228 Inadequately Verified by Applicant & Nrc.W/Svc List ML20092P7701984-06-19019 June 1984 Motion Opposing Util 840509 Motion for Expedited Partial Decision & Low Power License.Util & NRC Should Certify That All Nonconformance Items & Open Insp Items Corrected & Complete Before Nuclear Fuel Moved Onsite ML20092P7721984-06-18018 June 1984 Motion for Admission of Contentions Based on JW Gallagher & Js Kemper Requesting Remaining Portion of License to Move Fuel to Refueling Floor,Insp & Storage of Fuel & Petition for Stay ML20091R4601984-06-13013 June 1984 Answer Opposing Friends of the Earth 840518 Supplemental Motion for Admission of New,Late Contentions Re Applicant Motion for Expedited Partial Initial Decision & Issuance of Low Power License.Certificate of Svc Encl ML20091C9221984-05-29029 May 1984 Response Opposing Petition by Citizen Action in the Northeast for Late Intervention & Admission of Financial Qualifications Contention.Contentions Lack Requisite Bases & Specificity.Certificate of Svc Encl ML20087M8061984-03-30030 March 1984 New Addition to Contention Re Asbestos Fiber Discharges Into Schuylkill River & Air.Discharge Not Identified Nor Included in Plant Operation Discharge Descriptions.W/Svc List ML20087M6381984-03-28028 March 1984 Response Opposing M Lewis 840314 Motion for New Contention Based on IE Info Notice 84-17 Cooling of Vital Components by Liquid Nitrogen.Certificate of Svc Encl ML20087K8651984-03-23023 March 1984 Motion to Dismiss Particular Onsite Emergency Planning Contentions for Which Discovery Not Provided or No Litigable Basis Shown.Certificate of Svc Encl 1989-07-07
[Table view] Category:RESPONSES & CONTENTIONS
MONTHYEARML20247B3941989-07-13013 July 1989 NRC Staff Response to Rl Anthony Request for Hearing & for Intervention.* Commission Should Deny Anthony Request Due to Anthony Interest Not within Scope of Remand.W/Certificate of Svc ML20246P0581989-07-0707 July 1989 Answer by Philadelphia Electric Co to Request by Rl Anthony for Hearing & Admission as Intervenor.* Anthony Not Entitled to New Hearing on Emergency Plannning or Other Safety Issues & Request Should Be Denied.W/Certificate of Svc ML20245J3681989-06-23023 June 1989 Request by Intervenor Rl Anthony to Be Continued as Intervenor in Licensing Process for Unit 2 & for Hearing Under 42 ESC Section 2239(a) as Affected Person,Endangered by Philadelphia Electric Failure to Satisfy Plant....* ML20235B4271987-09-16016 September 1987 Response of NRC Staff to Proposed Contentions of Air & Water Pollution Patrol & Rl Anthony.* Board Should Deny Requests That Hearing Be Held in Connection W/Proposed Amend. Certificate of Svc Encl ML20238F1771987-09-11011 September 1987 Licensee Answer to Contentions Proposed by Intervenors Air & Water Pollution Patrol & Rl Anthony.* Air & Water Pollution Patrol & Rl Anthony Failed to Plead Single Admissible Contention.W/Certificate of Svc ML20214N1231987-05-22022 May 1987 Licensee Answer in Opposition to Petition by Rl Anthony for Leave to Intervene and for Hearing.* Petition Deficient Under Rules for Intervention.Certificate of Svc Encl ML20214N2251987-05-20020 May 1987 Licensee Answer in Opposition to Request for Hearing & Leave to Intervene by Air & Water Pollution Patrol.* Supporting Info Encl.Certificate of Svc & Notices of Appearance Encl ML20214A9301987-05-14014 May 1987 Licensee Opposition to Petition by Graterford Inmates for Review of ALAB-863.* Review Opposed on Grounds That Inmate Petition Failed to Show ALAB-863 Erroneous or Justify Claims of Prejudice.Certificate of Svc Encl ML20214M7331986-09-0404 September 1986 Petition of Air & Water Pollution Patrol for Leave to Intervene Opposing Applicant 860819 Application for Amend to License NPF-39.NRC Address List Encl ML20212N2871986-08-25025 August 1986 Petition of Rl Anthony for Leave to Intervene & Request for Hearing ML20210N4841986-04-29029 April 1986 Petition for Reconsideration of 860227 Petition to Suspend License NPF-39 Due to Faulty Referral to Director of NRR, Inappropriate Response & Restating of Petition Under 10CFR50.100 & 10CFR2.201(c) ML20154R5151986-03-26026 March 1986 Answer Opposing Rl Anthony 860226 Contention Suppls on Amends 1 & 2 to License NPF-39 Due to Failure to Satisfy or Discuss Lateness Criteria & Lack of Standing ML20154R5261986-03-26026 March 1986 Answer Opposing Fr Romano 860319 Late Filed Suppl in Response to Notice of Opportunity to Request Hearing on Proposed Amend 1 to License NPF-39.Romano Failed to Plead Admissible Contention.Certificate of Svc Encl ML20210E1911986-03-19019 March 1986 Suppl to 860215 Petition for Leave to Intervene on 860130 & 0205 Requests & Provides List of Contentions Vs Amend to License NPF-39 ML20138A8931986-03-17017 March 1986 Response Opposing Petition of Air & Water Pollution Patrol for Leave to Intervene & Request for Hearing Re Amend 1 to License NPF-39.W/Certificate of Svc ML20138A9081986-03-17017 March 1986 Response Opposing Rl Anthony 860215 Contentions Re Util Request for Amend 1 to License NPF-39,extending 18-month Surveillance Interval by 14 Wks Beyond Max 25% Extension Allowed by Tech Specs.W/Certificate of Svc ML20138A9511986-03-17017 March 1986 Response Opposing Rl Anthony Contentions Re OL Amend. Contentions Lack Requisite Specificity & Bases Under 10CFR2.714(b).Notice of Appearance & Certificate of Svc Encl ML20138A8851986-03-13013 March 1986 Petition of Rl Anthony & Friends of the Earth for Leave to Intervene & Request for Hearing ML20141N1611986-02-26026 February 1986 Petition of Rl Anthony & Friends of the Earth for Leave to Intervene & Request for Hearing in Opposition to Util Request to Amend Tech Specs 4.6.1.2.d & 4.6.1.2.g to License NPF-39 ML20205K5471986-02-25025 February 1986 Response Opposing Rl Anthony/Friends of the Earth 860205 Petition to Intervene & Request for Hearing Re 851218 Proposed Schedular Amend from Testing Certain Excess Flow Check Valves for 14-wk Period.Certificate of Svc Encl ML20141N1371986-02-24024 February 1986 Petition of Air & Water Pollution Patrol for Leave to Intervene & Request for Hearing ML20214C9141986-02-19019 February 1986 Answer Opposing 860130 late-filed Petition for Leave to Intervene & Request for Hearing by Rl Anthony.Certificate of Svc Encl ML20154D5771986-02-15015 February 1986 Petition of Rl Anthony & Friends of the Earth for Leave to Intervene & Request for Hearing ML20141M8271986-02-12012 February 1986 Petition of Rl Anthony & Friends of the Earth for Hearing & Immediate Stay on Effectiveness & Implementation of Amend 1 to License NPF-39.Util Should Be Required to Suspend Operations on Deadline Until Tests Performed ML20151Y7851986-02-10010 February 1986 Opposition to 860126 Petition by Friends of the Earth for Review of ALAB-828.Intervenor Has Shown No Issue of Fact,Law or Policy Which NRC Should Review.Certificate of Svc Encl ML20151T9881986-02-0505 February 1986 Amend to 860130 Petition of Rl Anthony & Friends of the Earth for Leave to Intervene & Request for Hearing.Extension of 96 Days for Testing Instrumentation Lines Vital to Safe Operation & Shutdown Requested.W/Certificate of Svc ML20094A2831984-11-0202 November 1984 Answer to Intervenor Del-Aware Unlimited,Inc,Revised Contentions V-14 & V-16.Proposed Contentions Should Be Denied & Del-Aware Dismissed as Party.Certificate of Svc Encl ML20094A8691984-10-23023 October 1984 Appeal from Second Partial Initial decision,LPB-84-31 & ASLB 840901 Motion to Set Aside & Reopen Contentions V-3a & 3B & Petition for Stay ML20106C5081984-10-19019 October 1984 Revised Contentions 14 & 16 Re Destruction of Eligible Natl Historic District of Point Pleasant & Adverse Effect on Salinity Levels & Water Quality in Delaware River, Respectively.Certificate of Svc Encl ML20093F0851984-10-0909 October 1984 Response to Limerick Ecology Action Refiled Deferred Offsite Emergency Planning Contentions.Certificate of Svc Encl ML20093D6331984-10-0909 October 1984 Answer Opposing Limerick Ecology Action (Lea) Deferred Offsite Emergency Planning Contentions.Lea Respecified Contentions Should Be Denied.Certificate of Svc Encl ML20093C0991984-10-0101 October 1984 Respec of Offsite Emergency Planning Contentions.Certificate of Svc Encl ML20097C5551984-09-13013 September 1984 Answer Opposing Limerick Ecology Action (Lea) 840906 Respecification of Offsite Emergency Planning Contentions. ASLB Should Dismiss Any Contentions for Which Lea Fails to Proffer Direct Testimony.Certificate of Svc Encl ML20096A7221984-08-29029 August 1984 Response Opposing Air & Water Pollution Patrol 840814 Pleading on Reopening Contention VI-1 Re Welding & Welding Insp Infractions.Certificate of Svc Encl ML20095E4271984-08-21021 August 1984 Answer Opposing late-filed Air & Water Pollution Patrol 840808 New Contention Re Evacuation.Contention Lacks Basis & Specificity & Fails to Show Good Cause for Late Filing. Certificate of Svc Encl ML20095E4401984-08-20020 August 1984 Provides Addendum to Air & Water Pollution Patrol 840816 New Info Contention Re Polyvinyl Chloride.Fifth Criterion Re Breakdown of Polyvinyl Chloride Inadvertantly Omitted.Small Delay in Proceedings Ack for Large Public Good ML20095C0251984-08-16016 August 1984 New Info Contention Re Health Hazard Via Polyvinyl Chloride Fill Used in Reactor Cooling Towers.W/Svc List ML20094K0871984-08-0909 August 1984 Reply to Applicant & Staff Answers to Cepa Safety Contentions.Contentions Should Be Admitted.Certificate of Svc Encl ML20094J7761984-08-0808 August 1984 New Contention That Applicant Must Provide Fully Testable & Capable Emergency Evacuation Plan Prior to Receipt of OL ML20093N2651984-07-27027 July 1984 Answer to Consumer Educ & Protective Assoc 840717 Safety Contentions.Contentions Lack Basis,Concern Ratemaking Matters Outside NRC Jurisdiction & Should Be Denied. Certificate of Svc Encl ML20093E4241984-07-16016 July 1984 Safety Contentions Re Util Inability to Conduct Full & Safe Test Procedures.Certificate of Svc Encl ML20090A6751984-07-10010 July 1984 Answer to New Proposed Contention by Air & Water Pollution Patrol Re Gross Alpha.Certificate of Svc Encl ML20092N1501984-06-26026 June 1984 New Contention That EPA Max Containment Levels for Gross alpha,Ra-226 & Ra-228 Inadequately Verified by Applicant & Nrc.W/Svc List ML20092P7701984-06-19019 June 1984 Motion Opposing Util 840509 Motion for Expedited Partial Decision & Low Power License.Util & NRC Should Certify That All Nonconformance Items & Open Insp Items Corrected & Complete Before Nuclear Fuel Moved Onsite ML20092P7721984-06-18018 June 1984 Motion for Admission of Contentions Based on JW Gallagher & Js Kemper Requesting Remaining Portion of License to Move Fuel to Refueling Floor,Insp & Storage of Fuel & Petition for Stay ML20091R4601984-06-13013 June 1984 Answer Opposing Friends of the Earth 840518 Supplemental Motion for Admission of New,Late Contentions Re Applicant Motion for Expedited Partial Initial Decision & Issuance of Low Power License.Certificate of Svc Encl ML20091C9221984-05-29029 May 1984 Response Opposing Petition by Citizen Action in the Northeast for Late Intervention & Admission of Financial Qualifications Contention.Contentions Lack Requisite Bases & Specificity.Certificate of Svc Encl ML20087M8061984-03-30030 March 1984 New Addition to Contention Re Asbestos Fiber Discharges Into Schuylkill River & Air.Discharge Not Identified Nor Included in Plant Operation Discharge Descriptions.W/Svc List ML20087M6381984-03-28028 March 1984 Response Opposing M Lewis 840314 Motion for New Contention Based on IE Info Notice 84-17 Cooling of Vital Components by Liquid Nitrogen.Certificate of Svc Encl ML20087K8651984-03-23023 March 1984 Motion to Dismiss Particular Onsite Emergency Planning Contentions for Which Discovery Not Provided or No Litigable Basis Shown.Certificate of Svc Encl 1989-07-07
[Table view] 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] |
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t cw dim E TU th W September 16, 1987
'87 SEP 21 All :05 UNITED STATES OF AMERICA i I
NUCLEAR REGULATORY COMMISSION BEFORE' THE ATOMIC SAFETY AND LICENSING BOARO .:,,
i l
in the Matter of ) l
) Docket No. 50-352 -O L A l PHILADELPHIA ELECTRIC COMPANY ) (TS lodine) )
)
(Limerick Generating Station, ) _( ASLBP No. 87-550-03-LA)
Unit 1) )
RESPONSE OF NRC STAFF TO PROPOSED CONTENTIONS OF AWPP AND R. L. ANTHONY INTRODUCTION ,
On August 21, 1987, in response to the Atomic Safety and Licensing Board's (Board) Order of July 28, 1987, 1 the Air and Water Pollution Patrol (AWPP) filed a supplement 2/ to its petition for leave to intervene and request for a hearing setting forth the contentions it seeks to have litigated in connection with the Licensee's proposed amendment request.
On August 26, 1987, R. L. Anthony (Anthony) filed his contentions in response to the aforementioned Board Order. 3_/ For the reasons set forth below, the contentions submitted by AWPP and Anthony and their
-1/ Philadelphia Electric Company (Limerick Generating Station, Unit 1),
Docket No. 50-352, OLA, (TS lodine), slip op, at 3, July 28,1987.
-2/ AWPP (Romano) Supplement To Opposition To Radioactive lodine Amendment for Limerick Unit 1 Operating License ( N PF-39 )
August 21, 1987.
-3/ R. L. Anthony, Supplement to Petitioner's Response of 7/2/87 to the Board's Notice of Hearing and Order of 7/29/87. August 26, 1987.
l l 8709240099 870916 PDR ADOCK 05000352 PDR; G ,
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respective petitions to intervene and requests for a hearing should be denied.
BACKGROUND On September 27, 1985, the NRC issued Generic Letter No. 85-19, which proposed model Technical Specifications (TS) dealing with concen-trations of radiolodine in a plant's reactor coolant for boiling water reac-tor operations. On August 19, 1986, in response to Generic Letter 85-19, the Phliadelphia Electric Company (Licensee) applied to the NRC for an amendment of the TS for its Limerick Generating Station, Unit 1 (Facility Operating License NPF-39). In its application, the Licensee asked the NRC to amend the Limerick TS's to match the proposed,TS's for radio-iodine in reactor coolant included in Generic Letter No. 85-19.
On August 25, 1986, prior to the publication by the Staff of any notice of its intent to issue the requested amendment or any finding with regard to the no significant hazards consideration, AWPP filed its petition for leave to intervene and its motion for a hearing on the Licensee's pro-posed amendment. On September 4,1986, also prior to the Staff publica-tion of any notice, Anthony filed a petition to intervene and a request for a hearing.
On March 12, 1987, the Staff published in the Federal Register its intent to issue the requested amendment, provided an opportunity to re-quest a hearing and made a proposed determination that the requested amendment involves no significant hazards consideration. EI Subsequent to additional filings by all of the parties setting forth their positions on 3/ 52 Fed. Reg. 7,675, 7,693 (March 12,1987).
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C ' this matter the Board, as noted earlier, in a Memorandum and Order 5/
provisionally granted the petitions to intervene of AWPP and Anthony and directed,. pursuant to 10 C.F.R. 5 2.715a, a special prehearing - confer- )
ence to be . held on September 29, 1987, at Philadelphia, Pennsylvania to-consider the intervention petitions and to determine whether at least one admissable contention has been submitted by each petitioner. 6,/
DISCUSSION A review of the Commission's current rules and regulations on the admissibility of proposed contentions will provide a proper context in which to consider the proposed contentions. The Commission's Rules of
' Practice require that " bases for each contention [be] set forth with rea--
sonable specificity." 10 C.F.R. - 6 2.714(b) . This regulation has been read to require'"a reasonably specific articulation of its rationale - g, why the Applicant's plans fall short of certain safety requirements, or will have a particular detrimental effect on the environment." 1/ The Commission in 'its Catawba opinion determined that interveners'are expect-ed to raise issues as early as possible. 8,/
5/ See, fn.1, supra.
6/ id. , . slip op. at 7-8.
7/ Duke Power Company (Catawba Nuclear Station, Units 1 and 2),
LBP-82-50,15 NRC 566 at 570 (1982).
-8/ Duke Power Company (Catawba Nuclear Station, Units 1 and 2),
CLI-83-19,17 NRC 1041 (1983).
}
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^
Under 10 C.F.R. 6 2.714(b) and applicable Commission case law 0I 5 a
petitioner for intervention in a Commission proceeding must file a supple-ment to its petition:
... (w]hich must include a list of the contentions which petitioner seeks to havet istigated in the matter, and basis for each contention set forth with reasonable specificity.
The purpose of the basis requirements of 1,0 C.F.R. 2.714 are (1) to as-sure that the contention in question raises a matter appropriate for litiga-tion in a particular proceeding , EI (2) to establish a sufficient foundation for the contention to warrant further inquiry into the subject matter addressed by the assertion and, (3) to put the other parties su l-
-9/ See, ge.. , Northern States Power Co. (Prairie Island Nuclear Gener-ating Plant, Unit Nos.1 and 2), ALAB-107, 6 AEC 188,194 (1973),
a ff'd , BPI v. Atomic Energy Commission, 502 F.2d 424, '429 (D.C.
E 1974); Duquesne Light Co. (Beaver Valley. Power Station, Unit
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No.1), ALAB-109, 6 AEC 242, 245 (1973)..
x N
10/ A contention must be rejected where:
(a) it constitutes an attack on applicable statutory requirements; (b) it challenges the basic structure of the Comniission's regulatory process or is an attack on ,the regulations; '
(c) it is nothing more than a generalization regarding the intervenor's views of what applicable policies ought to be; (d) It seeks to raise an issue which is not proper for adjudication in the proceeding or does not apply to the facility in question; or (e) it seeks to raise an issue which is not concrete or iltigable.
Philadelphia Electric Co. (Peach Botton Atomic Power Station, Units 2 and 3), ALAB-216, 8 AEC 20-21 (1974).
_ - - _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . . _ _ _ _ _ a
kN ciently ~ on notice ". . . . so .that _ they will know at least generally ' what-kh, ',..Q'fg;p.
F- they will have to defend against or oppose." Peach Bottom, supra, at U: . . .
- 20. From . the standpoint of basis, it is unnecessary for ~ the petition to -
detail .the evidence which will be offered in support of each contention. N Furthermore,-in examining the contentions:and the bases thereof, a licensing board should not reach the merits of the contentions. EI .As the Appeal Board instructed in Farley b, in
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asscssing the acceptability of a contention as a basis for granting intervention:
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[T]he intervention board's task is to determine, from 7 scru-tiny of bhat appears within the four corners of the contention 9 -_ as stated, whether (1) the requisite specificity- exists; A' (2) there has been an adequate delineation of the basis for the contention; and (3) the issue sought to be raised is cog-nizable in an individual licensing proceeding. (Footnotes omitted) .
If a contention me'ets these criteria, the contention provides a foundation for admission " irrespective of whether resort to extrinsic evidence might u establish the coritention to be insubstantial." Farley, supra, at 217. b
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11/ $ilssissippi P wer and Light Co. (Grand Gulf Nuclear Station, Units l' afid 2), ALAB-J30, 6 AEC 423, 426 (1973).
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12/ Houston Lighting and Power Company (Allens Creek Nuclear Generat-Trig ~ 5tation, Unit 1), A LA B-590, 11 NRC 542, 548 (1980);
Duk) Power Co. (Amendment to Materials License SNM-1773 - Trans-portation of Spent Fuel From Oconee Nuclear Station for Storage at McGuire Nuclear Station), A LAB-528, 9 NRC 146, 151 (1979);
P_each Bottom, supra, at 20; Grand Gulf, supra, at 426.
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13/ Alabama Power Company (Joseph M. Farley Nuclear Plant, Units 1 i and 2), ALAB-182, 7 AliC 210, 216-217 (1974).
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14/ However, the proposed contention should refer to and address rele-vant documentation available in the public domain, which is relevant 7 (FOOTNOTE CONTINUED ON NEXT PAGE) o . '
.)
yi g.
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On the other hand, if the issue sought to be introduced is, as here, a l
l generic issue involving a subject of general applicability to a certain class of reactors, a nexus must be established to connect the proffered conten-tions to the amendment in question. EI Thus, it is incumbent upon AWPP and Anthony to set forth contentions and bases therefore with suf-ficient detail and specificity to demonstrate that the issues they seek to ral.ee are admissible and to establish a nexus between the contention being proffered and the proposed amendment.
A. AWPP's Contentions Because AWPP, in its supplement to its petition to intervene, falls to itemize or list its proposed contentions in any manner the Staff is unable to respond specifically to those contentions relied upon by AWPP to sup-port its petition to intervene. EI For this reason alone, AWPP's petition could be denied. Nonetheless, the Staff has reviewed AWPP's Supplement and will respond below to those comments it believes are relevant to this proceedino.
On page 1 of its Supplement, AWPP contends that the proposed amendment raises the amount of radioactive lodine the Licensee can "re-(FOOTNOTE CONTINUED FROM PREVIOUS PAGE) to the plant which has filed an application. See, Cleveland Electric illuminating Company, et al. (Perry Nuclear ~ Power Plant , Units 1 and 2), LBP-81-24,14 NE 175,181-184 (1981) .
3/ Gulf States Utilities (River Bend Station, Units 1 and 2), ALAB-444, 6 NP,C 760 (1977).
-16/ 10 C.F.R. 9 2.714(b) states in pertinent part, that a petitioner for intervention must file a supplement to its petition ". . . which must (FOOTNOTE CONTINUED ON NEXT PAGE)
lease" at any one isolated time or times and that such open ended releases have known adverse effects on humans and animals. This contention is without any basis in fact or law and must be denied. As the Staff's Ge-neric Letter 85-19, September 27, 1985 and its Notice of Consideration of issuance .of Amendment and Proposed No Significant Hazards Consideration EI (NSHC) make clear, the level of iodine activity permitted has not been raised and the amount of radioactive iodine the Licensee can " release" has not been changed. The limit on the specific activity of iodine in the coolant as specified by the current TS 3.4.5 from 0.2 to 4.0 microcurles per gram for no more than 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> and no more than 4.0 microcuries per gram at any time have not been changed by the proposed revision to the TS. What has taken place through the amend-ment process is a proposed change in the cumulative operating time within specified time intervals and revisions in the requirements for reporting occurrences of lodine spiking which take into account the present report-Ing requirements. The changes in reporting requirements are administra-tive in nature since the same level of information will continue to be reported. NSHC at 7. It is also clear that originally the Staff, not the Licensee, suggested the proposed amendment in Generic Letter 85-19.
The Staff concluded that because of the continuing limitations on the Li-censee's operations contained in the TS's and the reporting requirements (FOOTNOTE CONTINUED FROM PREVIOUS PAGE) include a list of the contentions which petitioner seeks to have ilti-gated in the matter, and basis for each contention set forth with reasonable specificity." (emphasis added)
E/ 52 Fed. Reg. 7,675, 7,693 (March 12,1987) .
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. of 10 C.F.R. 65 50.72 and 50.73 adequate assurance is provided that ap-propriate actions will be initiated long before accumulating 800-hours of operation with lodine concentrations within the specified limits. NSHC at 3, 6-7, 8-9. As such, there simply is no nexus between AWPP's alle-gations and the amendment at issue. This contention has no basis in fact and must be dismissed.
Next, AWPP states that allowable limits for radioactive lodine releases were set and agreed upon by the Licensee in consideration of the NRC granting them their license. AWPP Supplement at 2. In essence, AWPP maintains that once allowable limits are set or " agreed upon" they can never be changed. Under this scenario, subsequent improvements in technology resulting in more efficient operations and record keeping could never be implemented by the Staff. This is precisely the situation here, the improved quality of nuclear fuel over the past decade has made it clear that normal coolant iodine activity is well below allowable limits and because the other remaining regulations contain adequate reporting re-quirements on iodine activity, including immediate notification of fuel clad-ding failures, b the Staff determined that reporting requirements on lodine spiking could be amended. AWPP's contentions that the above change in lodine reporting limits should not be implemented because the Licensee had previously agreed to a different limit is without basis. As the Staff has repeatedly point out herein, the iodine limits have not been changed, the reporting requirements have been amended. AWPP's conten-l tion in this regard is without basis and should be denied.
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18/ 10 C.F.R. 50.72(b)(1)(ll).
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l AWPP's contention that the Licensee does not " merit" the amendment
! because of past conduct as exemplified by the " control-room operator-sleeping scandal," Supplement at 2, must also be denied due to a l
complete lack of nexus and basis. AWPP's allegation concerning the
" control-room operator-sleeping scandal" refers to incidents that took place at the Peach Bottom Nuclear Plant. AWPP also contends that the Staff did not take into consideration the TMI accident in considering this amendment. AWPP Supplement at 3. Other than AWPP's bald assertions, there is no indication that the events at the Peach Bottom Nuclear Plant have any nexus or relevancy to the Limerick amendment request or that events at TMi, are at all related to the requested amendment. The in-stant amendment is concerned only with Unit 1 at the Limerick Generating Station . Moreover, the requested amendment does not involve permitting higher radioactive lodine releases than permitted in the Limerick license as alleged. As the Staff has previously noted, the limits on iodine re-l leases in the reactor coolant have not been changed, it is one aspect of the reporting requirements for lodine activity in the reactor coolant that has been changed. In view thereof, AWPP's contention relating to activi-ties at other nuclear plants, i.e. Peach Bottom and TMi and its insistence that the Staff has raised the limits on radioactive iodine releases is with-out any basis in fact and must be denied.
Finally, AWPP's request to Intervene on the sufficiency of the use of potassium iodide as an antidote for radioactive lodine, AWPP Supplement at 3, has no relation to the instant amendment, lacks nexus and basis and should be denied.
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. 1 B. Anthony's Contentions Anthony's first contention relates to the Licensee's activities at the Peach Bottom Nuclear Plant. Anthony maintains that the Peach Bottom ;
I
" deficiencies pervade PECo's management and, therefore, could be expect- j ed in a related form we believe at Limerick -- ." Anthony Supplement-at 1. Anthony concludes that because of these " deficiencies" the re-quested amendment should be denied. M. The Staff _ has already_ re-J sponded to a similar contention proffered by AWPP, see, above, l pages 8-9, and incorporates herein its response to AWPP's contention. ,
l For the reason's set forth above, Anthony's first contention is without any basis and must be denied. , l
)
Anthony's second contention simply states that iodine spikes in the {
primary coolant can surge in off-site lodine-131 because there have been
" reported pathways for radioactive steam to penetrate the containment and reach the environment." See, Anthony Supplement, item 2. There is no i basis for this statement and indeed none is offered. No effort is made to identify the " reported pathways" or how or where or when the contain- i
)
ment can be penetrated. Moreover, no effort is made to connect the re-quested amendment, which as noted earlier involves a change in reporting requirements, with the allegation of " reported pathways" and containment penetration. Anthony's second contention is without any nexus, support or basis and must be denied.
Anthony's third contention is found in items 3, 4 and 5 of his Sup-I piement. Basically, Anthony maintains that the limits on routine release !
of radioactive gases from Limerick have been set too high and further that the calculation of distances from the Limerick stacks are inaccurate i
so that the amount of radioactive gases released is distorted and under-stated. Anthony maintains that the proposed amendment will exacerbate an already dangerous condition. The Staff will not repeat here its posi-tion on the purpose and effect of the amendment that concerns a change in reporting requirements and does not address release limits. However, Staff must note that Anthony's arguments concerning ilmits on the release of radioactive gases and distances to plant boundaries are not new. In-deed, Mr. Anthony posed this very same issue to the Atomic Safety and Licensing Board designated to preside over the hearings on the operating license for Limerick. In that proceeding , the Licensing Board denied Anthony's request to reopen the record on the limits on ' routine releases of radioactive gases and the alleged miscalculations of distances to the Limerick plant boundaries. E On appeal, the Appea! Board found that Anthony's arguments concerning limits on routine releases were without safety significance. El Similarly, the Appeal Board found his arguments relating to the calculations of distances to the plant boundary to also be without safety significance. 21/ in sum, the Appeal Board rejected Anthony's arguments. In view thereof, Anthony should not now be per-mitted to resurrect and proffer his previously denied allegations in con-nection with the instant amendment. There is no nexus and no basis for
)
this contention and it must be denied.
-19/ Philadelphia Electric Company (Limerick Generating Station, Unit 1),
Memorandum and Order of June 4,1985 (unpub!!shed). !
20/ Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), ALAB-828, 23 NRC 13,19 (1986).
,21/ id.
Mr. Anthony's final contention is found in items 5 and 6 of his Sup-plement. In it, Anthony discusses the accident at Chernobyl, U.S.S.R.,
encloses a copy of an article in the April 1987 edition of the New Scientist that concerns the radioactive fallout from the accident at Chernobyl and concludes that the proposed amendment for Limerick should not be permit-ted. Simply stated, there is no nexus between Anthony's proffered con-tention and the proposed amendment. Indeed, no effort is even attempted to relate the accident at Chernobyl and the change in reporting require-ments set forth in the requested amendment. Staff submits the contention must be denied.
IV. CONCLUSION As neither AWPP or Anthony have submitted a contention supported by a basis and set forth with reasonable specificity, the Licensing Board should deny their requests that a hearing be held in connection with the proposed amendment.
Respectfully sutmltted,
/
Yr 05~ .
Benjamin H. Vogler Senior Supervisory Trial Attorney Deted at Bethesda, Maryland trils 16th day of SepteTber,1987
' ' y ,5 . -
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '87 SEP 21 A11 :05 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD cm ~~
BOR 1 5
in the Matter of )
) Docket No. 50-352 PHILADELPfil A ELECTRIC COMPANY ) (TS iodine)
)
(L.imerick Generating Station, ) (ASLBP No. 87-550-03-LA )
Unit 1) )
CERTIFICATE OF SERVICE I hereby certify that copies of " RESPONSE OF NRC STAFF TO PROPOSED CONTENTIONS OF AWPP AND R. L. ANTHONY" !n the above-captioned proceeding have been served on the following by deposit in the United States mall, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mall system, this 16th day of September, 1987 :
Sheldon J. Wolfe, Chairman Mr. Edward G. Bauer, Jr.
Administrative Judge Vice President & General Counsel Atomic Safeiy and Licensing Board Panel Philadelphia Electric Company U.S. Nuclear Regulatory Commission 2301 Market Street Washington, D.C. 20555* Philadelphia, PA 19101 Peter A. Morris Troy B. Conner, Jr. , Esq.
Administrative Judge Mark J. Wetterhahn, Esq.
Atomic Safety and Licensing Board Panel Conner and Wetterhahn U.S. Nuclear Regulatory Commission 1747 Pennsylvania Avenue, N.W.
Washington, D.C. 20555* Washington, D.C. 20006 Richard F. Cole Mr. Frank R. Romano Administrative Judge Chairman Atomic Safety and Licensing Board Panel Air and Water Pollution Patrol U.S. Nuclear Regulatory Commission 61 Forest Avenue Washington, D.C. 20555* Ambler, PA 19002 Robert L. Anthony Gene Kelly Friends of the Earth of the Senior Resident inspector Delaware Valley U.S. Nuclear Regulatory Commission 103 Vernon Lane, Box 186 P.O. Box 47 Moylan, PA 19065 Sanatoga, PA 19464 l
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. l Atomic Safety and Licensing Jay Gutierrez J' i Board Panet Regional Counsel U.S. Nuclear Regulatory Commission USNRC, Region i
! Washington, D.C. 20555* 631 Park Avenue King of Prussia, PA 19406 Atomic Safety and Licensing Appeal i Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555*
Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555* f (Benjamin H. Vogler ~
Senior Supervisory Trial Attorney