ML20244D502
| ML20244D502 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 06/09/1989 |
| From: | Margulies M Atomic Safety and Licensing Board Panel |
| To: | LIMERICK ECOLOGY ACTION, INC., NRC OFFICE OF THE GENERAL COUNSEL (OGC), PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| References | |
| CON-#289-8741 89-589-04-OL, 89-589-4-OL, ALAB-819, OL-2, NUDOCS 8906190096 | |
| Download: ML20244D502 (6) | |
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UNITED STATES OF AMERICA
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NUCLEAR REGULATORY ~ COMMISSION 89 JJN 12. A10 :12 :
ATOMIC ~ SAFETY AND. LICENSING BOARD
' opr. r 00C5.2.,Y M Before Administrative Judges
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- i Morton B..Margulies,4 Chairman'-
Jerry Harbour D g J g 'l 2 19g9-
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Frederick J. Shon l'
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In the Matter of
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Docket;Nos.-50-352-OL-2
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50-353-OL-2 PHILADELPHIA ELECTRIC COMPANY
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(Design Alternatives)
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(Limerick Generating Station,
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'ASLBP No. 89-589-04-OL-R2 Units 1 and 2)
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June 9, 1989-PREHEARING CONFERENCE ORDER On June 6, 1989, pursuant to the Order of the. Licensing-Board, a prehearing conference was held at the Robert'N. C. Nix Building, Philadelphia, Pennsylvania.. Participants included-counsel for Philadelphia Electric Company, NRC Staff and Limerick Ecology Action, Inc. (LEA).
The first matter considered was to define the issues in the proceeding.
The Commission in its Order of May 5, 1989 instituting the proceeding stated that additional consideration was to be given to LEA contention DES-5, which asserts that, in order to comply with its obligations under the National.
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Environmental Policy Act, the agency must consider certain. design
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alternatives for the mitigation of severe accidents at the Limerick Generating Station.
It directed that the litigation'of i
8906190096 090609 i
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. the contention should be limited to those mitigation. alternatives identified by the Appeal Board as being supported with the required basis and specificity.
The Appeal Board in its consideration of DES-5 indicated that NRC-sponsored studies on severe accident mitigation identified by LEA or submitted to the Licensing Board provided basis and specificity for the contention.
ALAB-819, 22 NRC 681-693-94(1985).
Because the cited Appeal Board decision does not clearly identify the mitigation alternatives which it views as being supported with required basis and specificity, the parties differed, in part, as to the mitigation alternatives that should constitute the bases for litigation.
To resolve the matter, the parties should confer and determine as to which mitigation alternatives they agree upon for litigation and as to those upon which they differ.
The parties should stipulate as to those alternatives that they agree should be litigated.
As to those on which they differ, they should prepare memoranda supporting their respective positions.
The parties shall submit the stipulation and any memoranda with differing positions on other proposed mitigation alternatives to the Licensing Board by July 3, 1989.
LEA raised the matter of not receiving _ ongoing correspondence between Applicant and NRC Staff.
Staff agreed to rectify the matter and is working with LEA to determine what is
. to be supplied.
No action is required to be taken by the i
Licensing Board at this time.
As part of the parties willingness to resolve matters without the need for Licensing Board intervention, at the hearing q
Applicant agreed to a plant site visit by LEA's experts on June 12 and 13, 1989.
The parties expressed a willingness to minimize the need for formal discovery.
They wish to work on the basis of informal exchanges which has worked fairly well in the past.
It was not anticipated that discovery will be very extensive.
l In a related matter, Applicant advised of its filing a l
I motion with the Commission, on June 5, 1989, entitled l
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" Applicant's Motion For Clarification Of The Commission's l
l Delegation Of Authority And For Issuance Of An Operating License Or, Alternatively, For An Exemption From Any Procedural Requirement That A License For Limerick Unit 2 Cannot Issue Until l
The Contention Remanded By The Third Circuit Is Resolved."
Briefly, Philadelphia Electric Company moved the Commission l
to clarify its Order of May 5, 1989 instituting this proceeding l
l to specify that authority over the operating license for Limerick Unit 2 has not been delegated to this Licensing Board and to direct the Staff, once having made the requisite findings under 10 C.F.R 550.57, to issue the license.
Should the Commission determine that (1) the Licensing Board has been delegated jurisdiction over the issuance of the operating license for
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Unit 2 and (2) that any applicable procedural regulation requires a decision on the remaining issue prior to license issuance, Applicant requests. temporary exemption from any such regulation to permit prompt issuance of the license and operation of Unit 2
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during the conduct of the proceeding.
NRC Staff and LEA, having received the motion at about the 1
time of the prehearing conference, have not had time to respond l
to the motion.
Because the foregoing motion is one before the Commission, f
the Licensing Board has no action to take.
The outcome of the i
motion may affect the course of this proceeding.
The Licensing Board, following receipt of the July 3, 1989 filings, will issue an order deciding which design alternatives for the mitigation of severe accidents will be litigated in this proceeding.
We will then take up with the parties the matter of discovery and its scheduling.
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It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Morton B. Marguliesg Chairman ADMINISTRATIVE LAW JUDGE Bethesda, Maryland i
June 9, 1989 i
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-i UN8TED STATES OF-AMERICA ~
NUCLEAR REGULATORY COMMISSION I
In the Matter of I
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PHILADELPHIA ELECTRIC COMPANY l
Docket No.(s) 30-352/353-OL-2 1
I (Limerick Generatino Station.
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Units 1 and 2) 1.
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.j CERTIFICATE OF SERVICE 1
1 hereby certify that copies of the forecoino LB PREHEARING CONFERENCE ORDER have been served upon the followino persons by U.S. mail, first class, except q
as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
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Administrative Judae Administrative Judoe Christine N. Kohl.. Chairman-Gary J. Edles 1
Atomic Safety and Licensino Appeal Atomic Safety ~and Licensino Appeal
-l Board Board U.S. Nuclear Reculatory Commission U.S. Nuclear Reculatory Commission Washinoton. DC 20555 Washinoten. DC 20555 Administrative Judoe Howard A. Wilber Administrative Judoe Atomic Safety and Licensino Acceal Morton B. Harou11es. Chairman
.e Board Atomic Safety and Licensino Board U.S. Nuclear Reculatory Commission U.S. Nuclear Rioulatory Commission Washinoton. DC 20555 Washinoton. DC 20555 i
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Administrative Judae Administrative Judes l
Frederick J. Shen Jerry Harbour Atomic Safety and Licensino Board Atomic Safety and Licensino Board U.S. Nuclear Reoulatory Commission U.S. Nuclear Reculatory Commission Washincton. DC 20555 Washinoton. DC 20555 Joseph Rutbero. Escuire Troy B. Conner, Jr.. Escuire Office of the General Counsel Conner & Wetterhahn. P.C.
U.S. Nuclear Reoulatory Commission 1747 Pennsylvania Avenue. N.W.
I Washinoton. DC 20555 Washinoton, DC 20006 l
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Charles W. Elliot.'Escuire Edward S. Bauer. Jr.. Escuire l
Attornev-at-Law Vice President and General Counsel i
325 N. 10th Street Philadelphia Electric Company
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Easton. PA 18042 2301 Market Street i
Philadelphia. PA 19101
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Docket No.(stS0-352/353-OL-2 LB PREHEARING CONFERENCE ORDER J
Vincent S. Bever Frank R. Romano Vice President-Ener, & Res.
Chairman Philadelphia Electric Company Air and Water Pollution Patrol 2301 Market Street 61 Forest Avenue Philadelohta. PA 19101 Ambler. PA 19002 David Stone Limerick Ecolooy Action. Inc.
Robert J. Sucarman. Esautre P.O. Box 761 101 North Broad Street. 16th Floor Pottstown. PA 19464 Philadelphia. PA 19107 i
l Charles E. Rainey. Jr.. Esc.
Michael B. Hirsch, Escuire Chief Deputy City Solicitor Federal Emeroency Manacement Acency City of Philadelphia 500 C Street. S.W.
1 Readino Center. Fifth Floor Washinoton. DC 20472 Philadelphia. PA 19107 David Wersen. Escuire Thomas M. Seruskv Director Assistant Consumer Advocate Bureau of Radiation Protection Office of Consumer Advocate Department of Environmental Resources 1425 Strawberry Souare Third and Locust Streets. 5th Floor Harrisburo. PA 17120 Harrisburo. PA 17120 John L. Patten Director Theodore S. Otto. 111. Escuire Pennsv1vania Emeroency Manacement Chief Counsel l
Acency Pennsv1vania Department of Corrections l
Transportation & Safety Bldo.. Rm B-151 P.O. Box 598
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Harrisburo. P A 17120 Camp Hill. PA 17011
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Senior Resident Inscector Robert L. Anthony U.S. Nuclear Reaulatory Commission Box 186 P.O. Box 596 Moylan. PA 19065 Pottstown. PA 19464 I
Dated at Rockville. Md. this Office f the Secreterv of the Commission l
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