ML20246B775
| ML20246B775 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 08/16/1989 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | ANTHONY, R.L. |
| References | |
| CON-#389-9054 OL, NUDOCS 8908240012 | |
| Download: ML20246B775 (6) | |
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j UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION I
COMMISSIONERS:
'89 AUG 16 P12:29 i
i Kenneth M. Carr, Chairman W.db "
Thomas M. Roberts Kenneth C. Rogers James R. Curtiss
' SERVED AUG f 61989
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In the Matter of
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PHILADELPHIA ELECTRIC COMPANY
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Docket Nos. 50-352-OL
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50-353-OL (Limerick Generating Station,
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Units 1 and 2 )
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_ MEMORANDUM AND ORDER In a filing dated June 23, 1989, Robert L. Anthony requested "to be continueo as an intervenor in the licensing process for Unit 2; and for a i
hearing under 42 U.S.C. 5 2239(a) as an affected person...." Mr. Anthony requests a hearing with respect to the Limerick Generating Station, Unit 2
(" Unit 2") to consider severe accident mitigation design alternatives
("SAMDAs"), the issue remanoed to the Comission by the United States Court of Appeals for the Third Circuit in _ Limerick Ecology Action v. NRC, 869 F.2d 719 (3rd Cir.1989). He also raises issues concerning the emergency plan for the Limerick facility.
Responses opposing the request have been received from the applicant, Philadelphia Electric Company ("PEC0"), and from the NRC staff and a reply has been received from Mr. Anthony.
Mr. Anthony's request is premised on the notion that no hearing under 42 U.S.C. 5 2239(a) has as yet been held with respect to PECO's application for an operating license for Unit 2.
That is not correct.
PECO applied for operating O
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l licenses for Units 1 and 2 at the same. time and the subsequent adjudicatory proceeding considered issues pertaining to both Units. Mr. Anthony was a party to that proceeding and indeed' litigated two matters regarding safety and emergency planning, both of which were resolved in favor of the applicant.
The Licensing Board's Fourth Partial Initial Decision authorized the Director of the Office of Nuclear Reactor Rt.gulation to issue full-power operating licenses for both Units.3 The Limerick adjudicatory proceeding concluded on June 19, 1987 when the Commission declined to review the final decision in that proceeding.4 Mr. Anthony did not. seek judicial review of the agency's final decision.
In short, the Commission has already held and, except for the single issue remanded by the Court in Limerick Ecology Action, supra, ccmpleted the adjudicatory proceeding for Unit 2 in which affected persons are er. titled to participate under 42 U.S.C. 6 2239(a).5 See 46 Fed. Reg. 42557 (1981).
EPhiladelphia Electric Company (Limerick Generating Station, Units 1-and 2), LBP-Ba-31, 20 NRC 446, 464-493 (1984) (Second Partiel Initial Decision),
aff'd in relevant part ALAB-819, 22 NRC 681 (1985); Philadelphia Electric CompanT(Limerick Generating Station, Units 1 and 2) LBP-85-14, 21 NRC 1219, 1236-44,1250-69 (1985) (Third Partial Initial Decision), aff'd in' relevant part, ALAB-836, 23 NRC 479 (1986).
3Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2),LBP-85-25,22NRC101,116;(1985), aff'd ALAB-845, 24 NRC 220 (1986).
- Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), LBP-86-38, 24 NRC 731 (1986) (Supplement to Fourth Partial Initial Decision), aff'd ALAB-863, 25 NRC 273 (1987). By Memorandum datta June 25, 1987, the Secretary informed the Boards and the parties that the Commission declineo review of ALAB-863 on June 19,1987 and that its decision was."the final agency order in this operating license proceeding."
5To the extent that Mr. Anthony's filing may be interpreted as a request for a further hearing to consider again the adequacy of the Liraerick emergency (FootnoteContinued) l 2
The Comission has already considered the question raisea by Mr. Anthony whether the Court's remand recuires the stay of low power authorization.
Philaceiphia Electric Company (Limerick Generating Station, Units 1 and 2),
Memorandum and Order. CLI-89-10, _NRC _ (1989). Mr. Anthony's request raises no issues net considered in CLI-89-10.
Finally, insofar as Mr. Anthony's request may be interpreted as a petition j
to intervene in the remand proceeding established by the Commission to comply with the Court's Order in Limerick Ecology Action, supra, his petition is i
denied because it is not within the scope of the Commission's Order. See Comission Order of May 5, ;989 (unpublished); see also CLI-89-10 at 3, n.1.
The Court remanced for Commission consideration a contention (DES-5) sponsored by Limerick Ecology Action (" LEA"), a different intervenor in the original proceeding, which had been rejected by the Licensing and Appeal Boards.
Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2),
ALAB-819, 22 NRC 681, 693-697 (1985). The Comission's Order establishing the remand proceeding restored to LEA the same opportunity to obtain consideration of its SAMDA contention that it would have had if its contention had been fully litigated in the original proceeding.
Mr. Anthony, not having been a sponsor of DES-5, and not having appealed the Commission's final decision to the Court, I
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(FootnoteContinued) plan in light of subsequent developments, the Comission finds no reason in this filing for disturbing the finality of the agency's final decision in the Limerick adjudication.
"If upon the coming down of the order litigants might demand rehearings as a matter of law because some new circumstance has arisen, some new trend has been observed, or some new fact discovered, there would be i
little hope that the administrative process could ever be consummated in an i
order that would not be subject to reopening." ICC v. Jersey City, 322 U.S.
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503, 514 (194a); accord, Bowman Transportation v. Arkansas-Best Freicht 419 U.S. 281, 294-295 (1974).
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may not participate in the remand proceeding. See Public Service Company of Inci:r,a (Marble Hill Nuclear Generating Station, Units 1 end 2), ALAB-493, 8 NRC 253, 268-269 (1978). Foreover, his petition does not even attempt to meet the Connission's requirements at 10 C.F.R. $ 2.714 for late-filed contentions anc is rejected for this reason as well.
Accordingly, Mr. Anthony's requests for a hearing, for intervention in the l
remand proceeding and for a stay of low power authorization are denied.
It is so ORDERED.
For the Connission 1
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O Id k b%
L Y+9 eg g *[
t Samuel J.N ilk Secretary of the Commission
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i Dated at Rockville, Md.
A this 5 ay of August,1989.
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1 C_________________________.______
_____________.__._.___________________________j
E JN!TED ETATES L4 AMERICA uuCLEAR hEEULATCRV COMMISSION In ite Matter et rHIL4;ELtHIA ELECTRIC COMPANv Decket he.ts) 50-352/353-OL (Literick Generatanc Station.
Units 1 and 2)
CERTIFICATE OF SERVICE I hereby certify that cccles of the foregonnC COMMISSION M&O DTD e/16/89 have been served upon the f ollcwanc persens ty U.S. mail, first class, except as otherwise noted and in accorcance with the requirements of 10 CFR Sec. 2.712.
Adeansstrative Judge Administrative Judoe Christine N.
Kohl, Chatrean Gary J. Edles Atomic Eafety and Licensino Appeal Atomic Safety anc Licensanc Appeal Boarc Boarc U.S.
Nuclear Reculatory Commissten U.S. Nuclear Reculatory Ccmmissten Wasnincten. DC 20555 Washington, DC 20555 Administrative Judoe Howarc A. Wilber Administrative Judge Atomic Safety anc Licensing Appeal
.Morton B. Margulies. Chairman Board Atcmic Safety and Licensano Board U.S. Nuclear Regulatory Commissten U.S. Nuclear Reculatcry Commissten
-l Washincton, DC 20555 Wasnington, DC 20555 Administrative Judce Administrative Judge Jerry R. Kline Jerry Harbour Atomic Safety and Licensing Bearc Atomic Safety and Licenstnc Board J.5. Nuclear hegulatory Commissacn U.S. Nuclear Regulatory Commissacn l
Washincten. DC 20555 Washinaten. DC 20555' Joseph Ruttero. Eso.
Troy B. Conner, Jr., Esc.
Office of the General Counsel Conner & Wetterbahn, P;C.
U.S. Nuclear ReQulatory Commission 1747 Pennsylvania Avenue, N.W.
Washingten. DC.20555 Washington, DC 20006 1
Charles W.
Elitett. Esc.
Edward S. Bauer. Jr., Esc.
Pos=tstilo, Elliott & Elliott Vice President and General Counsel 1101 Northampton Street. Suite 201 Philadelphia Electric Comcany l
Easten. FA 12042 2!01 Market Etreet j
1 Fhaladelphia. PA 19101 n
Doceet rio.is>50-352/25!-OL CDMMISSICN M&D DTD E/16/69 1,
vincent 5. bover Anous R. Leve. Esc.
Vice President
-Engr.. & Res.
Montgemory County.Leoal Aic Service Phalaceiphia Electric Company 317 Swede Street
.2301 Market-Street Norristchn. PA 19401 Fhtladelonia, PA 19101 I
Frank R. Romanc David Stone
. Chairman Limerick Ecciocy Action Inc.
Air and Water Pollution Patrol P.O.'Bcx 761 61 Forest Avenue Pottstown, PA 19464 Ambler. FA. 19002 Charles E. Rainey, Jr., Esc.
Robert J. Sucarman Esc.
Chief Deputy City Soliciter
'l 101 North Broad Street. 16th Flecr City of Philadelphia Philadelphia. FA 19107 1 Reading Center Fifth Floor Philadelphia, PA 19107 l
Micnael-B. Hirsen. Esc.
David Warsan, Esc.
j Feceral Emergency Management Agency Assistant Consumer-Advocate q
500 C Street, S.W.
Office of Consumer Advocate Wasnington DC 20472 1425 Strawberry Souare l
Harrisburg,-PA 17120' Theodore G. Otto, !!!. Esq.
Chief Counsel Robert L. Anthony Fennsvivanta Decartment cf Cerrecticis Bcx 166 r.0.
ecx 596 Novlan, PA 19065 Camp Hill. FA 17011 Greacry E. Dunlap Deputy General Counsel Senior Resident Inspector The Commonwealth of Pennsylvania U.S. Nuclear Regulatory Commission Office of General Counsel P.O. Box 596 333 Market Street, 17th Fleer Pottstown, PA '19464 l
Harrascurg, PA 17120 l
Detec at Reckville, Md. this 16 day of Aucust 1989 s
Office ci the Secretary of the Ccemtssion l-
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