ML20236N835
| ML20236N835 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 11/09/1987 |
| From: | Vogler B NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#487-4815 87-550-03-LA, 87-550-3-LA, OLA, NUDOCS 8711170026 | |
| Download: ML20236N835 (5) | |
Text
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'87 lel 13 P3 :07 o.vember 9,1967 N
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0FFICE Oi $ECliEihnY.
UNITED STATEfC@g, gibA%
0 NUCLEAR REGULATORr' MISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
'In the Matter of
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Docket-No. 50-352 - 0 0 A PHILADELPHIA A ELECTRIC COMPANY. )
(TS lodine)
)
(Limerick Generating Station,-
-)
(ASLBP No. 87-550-03-LA )
Unit 1)
)
RESPONSE OF NRC STAFF TO AWPP'S MOTION OF OCTOBER 27, 1987 CONCERNING
SUMMARY
DISPOSITION AND DISCOVERY AND LICENSEE'S OBJECTIONS THERETO l.
INTRODUCTION On : October 27, 1987, AWPP filed a one page communication request-Ing the Atomic Safety and Licensing Board (Licensing Board) to summarily dispose of the Philadelphia Electric Company's (Licensee) request for an amendment concerning a change in reporting requirements for radioactive lodine leveIs in the reactor coolant.
On November 2, 1987, the Licensee objected to AWPP's communication and moved for a protective order.
For i
the reasons set forth below the NRC staff (Staff) submits that AWPP's i
motion should be denied and does not oppose Licensee's request for a protective order.
k 8711170026 871109 PDR. ADOCK 05000352 G
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BACKCROUND 1
in a ' Memorandum ~ and Order 1/ dated October 9, 1987, the Atomic.
Safety and Licensing Board (Licensing Board) set -forth ' the dates for discovery. In the captioned matter and discussed the filing of motions for summary disposition.. Subsequently, the Licensee and the Staff separately, l
advised the Licensing Board that they did not intend to seek discovery in i
' this matter..
As noted, on October 27, 1987, AWPP filed the captioned communication with the Licensing Board and the parties.
On November 2, j
1987, the Licensee objected to AWPP's filing and moved for a protective l
]
order pursuant to 10 C.F.R. 5 2.740(c).
l 111.
DISCUSSION The second. (and last) paragraph of AWPP's 'one page filing contains l
2/
Its motion and is set forth.below in its entirety:
1 First, 'AWPP moves that the ' Board sur.,iarily disposes (sic) of Phliadelphia Electric's reauest the instant ammendment (sic) j and, secondly, AWPP seeks to exercise Discovery, otherwise.
]
AWPP's motion, as set forth above in its entirely, falls to satisfy any 1
of the requirements for summary disposition as set forth in 10 C.F.R.
l 5 2.749 and must be denieci.
Further, AWPP's discovery request falls to set forth with any particularity what it seeks to discover.
l
-1/
Philadelphia Electric Company (Limerick Generating Station, Unit 1),
(Demoralizing Special Prehearing Conference; Ruling on Contentions)
(TS lodine) October 9,1987, (Unpublished).
-2/
AWPP's ' first paragraph sets forth the reasons for its late filing.
Because of the defective nature of AWPP's motion, Staff need not comment on AWPP's lateness.
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CONCLUSION l
in view - thereof, ~ Staff.! submits the Licensing Board should deny-l AWPP's requests for summary' disposition and discovery and for the rea-l sons set forth above, Staff does not oppose Licensee's motion pursuant to i
l 10 C.F.R. _9.2.740(c) for a protective order that the requested discovery
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not be granted.
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Respectfully subnitted, l
f GilH/
Benjamin H. Vogler Senior Supervisory Trial Attorney Dated at Bethesda, Maryland this 9th day of Novenber,1987
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USNRC I
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UNITED STATES OF AMERICA i
NUCLEAR REGULATORY COMMISSION
'87 t0/13 P3 :07 BEFORE THE ATOMIC S^FETY AND LICENSING BOARppggg g; ggg;;g;,ry 00CKEilM + WRvlCf.
BRANC4 In the Matter of
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PHILADELPHIA ELECTRIC COMPANY )
Docket No. 50-352-OLA j
)
(TS lodine)
(Limerick Generating Station,
)
Unit 1)
)
(ASLBP No. 87-550-03-LA)
CERTIFICATE OF SERVICE I hereby certify that copies of " RESPONSE OF NRC STAFF TO AWPP'S MOTION OF OCTOBER 27, 1987 CONCERNING
SUMMARY
DISPOSITION AND DISCOVERY AND LICENSEE'S OBJECTIONS THERETO" and
" RESPONSE OF NRC STAFF TO ROBERT L.
ANTHONY'S DISCOVERY REQUESTS AND LICENSEE'S OBJECTIONS THERETO" in the above-proceedMg 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 mail system, this 9th day of November, 1987 :
Sheldon J. Wolfe, Chairman Mr. Edward G. Bauer, Jr.
Administrative Judge Vice President & General Counsel Atomic Safety and Licensing Board Panel Philadelphia Electric Company U.S. Nuclear Regulatory Commission 2301 Market Street
(
Washington, D.C.
20555*
Philadelphia, PA 19101 Dr. George A. Ferguson Troy B. Conner, Jr., Esq.
Administrative Judge Mark J. Wetterhahn, Esq.
1939 Shepherd Street, N.W.
Conner and Wetterhahn Washington, D.C.
20011 17217 Pennsylvania Avenue, N.W.
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 4
l 1
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.. i 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 Sanatoge, PA 19464 l
, Atomic Safety and Licensing.
Jay Gutierrez Board Panel 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 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*
/
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e Berfjamin H. Vogler d
Senior Supervisory Trial Attorney l
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