ML20236P824

Air & Water Pollution Patrol (Awpp) (Romano) Objection to Licensee Objection to Intervenor Awpp Request for Opportunity to File for Discovery & Motion for Protective Order.* Failure to Monitor Proceeding Inadvertent

ML20236P824
Person / Time
Site:	Limerick
Issue date:	11/12/1987
From:	Romano F AIR AND WATER POLLUTION PATROL
To:	Atomic Safety and Licensing Board Panel
References
CON-#487-4864 OLA, NUDOCS 8711190022
Download: ML20236P824 (2)

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, AIR and WATER .

00LKETED Pollution PatroI usNaC Nov. 12,198k7 NOV 16 PS:22 U.S. Nuclear Regulatory Commission

. Washington, D.C. 20555 0FFICE Gi SiCliEind 00CKEilNG s SEi<VICL BEFORE THE' ATOMIC S'AFETY AND LICENSING BOARD BRANCH Administrative Judges Sheldon J. Wolfe, Chairman Dr. Richard F. Cole Dr. George A. Ferguson In The Matter of PHILADELPHIA ELECTRIC COMPANY Docket N. 50-352-OLA (Limerick Generating Station, (TS Iodine)

Unit 1)

AWPP'S (ROMANO) OBJECTION.TO " LICENSEE'S OBJECTION TO INTERVENOR AWPP'S REQUEST'FOR THE OPPORTUNITY TO FILE FOR DISCOVERY AND MOTION FOR A PROTECTIVE ORDER" Licensee asserts that AWPP has not demonstrated why another member of the organization could not have been given responsibility to monitor this proceeding during Mr. Romano's apparent absence from the country.b ' Licensee can check Mr. Romano was out of the country before receipt of or' der and out of the country after the,0ct. 21,1987 deadline-. Licensee can check it was not a case of."apparant absence".

(sic).

Licensee's reference to the Commission's statement in Catawba and Statement of Policy on Conduct of Licensing Proceedings, CLI 8, 13 NRC 452, 454 (1981) (" Statement of Policy") does not cover or apply to an intervenor's leaving the country before receiving notice of the Board's order which was post marked Oct. 13, 1987. Romano left for Russia on Oct. 14, 1987 before Order arrived (see AWPP letter of Oct. 27, indicating post mark of Order.

AWPP (Romano) was unable to give responsibility to another men-ber of AWPP because of first not having knowledge of the order, and secondly, becuase of. communication difficulty from Russia. The fail-ure was not as a result of lack of. concern, nor lack of respect for

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AIR and WATER W Pollution Patrol BROAD AXE, PA.

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(2)

AWPP's Objection to " Licensee's Objection'To Request For Discovery" continued j

the Board's Order. l There was no failure to comply no more than it is a failure not to shout present at the roll call when a person is physically unable to answer.

As it related to the so-called telephone conference of Nov. 11,

-1987, it was over in about one minute without time to clarify the confusion, so that nothing that I stated in the confusion should be taked as resulting from understanding what was said. 1 Very truly yours, AIR & WATER P LLUTION PATROL  !

• • sc <  %

Frank R.' Romano, Chairman 61 Forest Ave.

Ambler, Pa. 19002 ,

I hereby certify that copies of the above has been served on the latest Service List, this 12th day of November 1987. '

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