ML20246B793
| ML20246B793 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 08/15/1989 |
| From: | Margulies M, Shon F Atomic Safety and Licensing Board Panel |
| To: | PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| References | |
| CON-#389-9055 89-589-04-OL, 89-589-4-OL, OL-2, NUDOCS 8908240021 | |
| Download: ML20246B793 (5) | |
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'89 ALE 16 A11:24 ATOMIC SAFETY AND LICENSING BOARD
-Before Administrative' Judges.
[Chk,.
.ih u.w.
Morton B. Margulies; Chairman-Jerry. Harbour Frederick J. Shon e
SERVED AUG 1 6 1989'
)
In the Matter of
)
Docket Nos. 50-352-OL-2
)
50-353-OL-2
' PHILADELPHIA ELECTRIC COMPANY )
(Design Alternatives)
)
'(Limerick Generating-Station, )
ASLBP No.189-589-04-OL-R2
]:
Units 1 and.2)
)
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August 15, 1989 l
MEMORANDUM AND ORDER-l (Request For Expedited Answer)-
On August 11, 1989, Licensee, Philadelphia Electric. Company (PECO) filed a motion to set.a schedule for discovery and hearing and requested an expedited answer to the motion by.the Nuclear Regulatory Commission Staff (Staff) and Limerick Ecology Action (LEA).
PECO requested that the Staff.and LEA be ordered to
-respond to the motion, by in hand delivery, no later:than August 16, 1989.
These parties have not responded to.the motion.
l This Memorandum and Order solely relates to Licensee's request for.an expedited answer and not to the merits of the motion to set a schedule.
In this Memorandum and Order, we deny.
PECO's request for an expedited answer.
49 C.F.R.
52.730(c) gives a party ten days to file an answer 1 to a written motion and in the case of Staff, 15 days.
An 8908240021 BjoBgg52-PDR ADDCK O PDR O
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. I additional two days is added to the response period, where, as here, the motion was served by express mail.
49 C.F.R.
52.710.
49 C.F.R.
S2.711 provides that a presiding officer may for good cause shorten the prescribed time.
Having reviewed Licensee's request for an expedited answer, the Board finds a lack of good cause to do so and denies the request.
PECO would have had the parties file an answer by August 16, 1989, within five days (three work days) after serving the motion.
This period overlaps an extension of time given by the Commission to LEA to respond to questions designed to elicit information on the relative environmental-impacts of allowing the Limerick Generating Station, Unit 2, to operate at full power pending completion of ongoing consideration of Severe Accident Mitigation Design Alternatives.
The extension to August 14, 1989 was given in response to a request from LEA asserting that it did not have the resources to make the analysis within the time allotted.
Commission Memorandum and Order'(August 7, 1989).
It is only by August 16, 1989 that the Staff'is expected to issue its evaluations of the six mitigation alternatives that underlie this entire litigation.
Staff Response to Commission Questions at 2 (August 2, 1989).
Assuming the Staff issues the evaluation as scheduled, Licensee's request for a response to the motion on August 16, 1989, leaves no time for LEA to respond in i
any meaningful way for setting a schedule for discovery and hearing.
i
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f 3-The Board notes that Staff, who has the burden of going forward, did not assent in any way to PECO's request for the filing of an expedited answer.
We are mindful of the Commission's Order of May 5, 1989 that underlies this proceeding.
In it the Commission' stated that the proceeding shall be " expedited to the extent consistent with fairness to the parties."
The requested action is not supported by good cause nor is it fair to the parties.
We, therefore, deny the request.
Considering the good working relationship the parties have previously evidenced in this proceeding, the Board suggests that they should attempt to work out a mutual satisfactory discovery and hearing schedule prior to the time the answers to the motion are due.
Judge Jerry Harbour was necessarily unavailable when the l
motion was considered.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD 1
1/- m W
M6rton B. Margulies, Chairman ADMINISTRATIVE LAW JUDGE A 2 r" N J
n Frederick J.
S on,7 ember ADMINISTRATIVE. JUDGE August 15, 1989 i
Bethesda, Maryland I
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.N1TED Sl&TE5 0F-AMERitA
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HUCLEAR hEGULATORY CCMMIS$10N C\\
i in tne Matter at PHILsDELFHIA ELECTRIC COMPANY l
Docket No.(s) S0-352/353-OL-2 (Limert:6 Generatino Station.
i Units 1 and 2)
CERTIFICATE OF SERVICE I hereev certity-that copies of the forecoinc LB M&O (EXPEDITED ANSWER REQ.)
have oeen served upon the f ollowinc persons by U.S. mall, first class, except as otherwise noted and in accorcance with the reautrements of 10 CFR Sec. 2.712.
Admir.astrative Judge Administrative Judce Christine N.
Kohl, Chairman Garv J. Edles I
Atomic Safety and Licensino Appeal Atomic Safety and Licensino Acceal beare Boara U.S. Nuclear Reculatory Commission U.S. Nuclear Reculatory Commission Washincton, DC 20555 Washincton, DC 20555 l
l Administrative Judoe Howard A. Wilber Administrative Judge j
Atomic Safety and Licensing Aopeal Morton B. Margulies. Chairman Boarc Atomic Saf ety and Licensino Bearo U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission l
Washington. DC 20555 Washinaten. DC 20555 1
l Administrative Judce Administrative Judge Frederick J. Shen Jerry Harbour Atomic Safety _anc Licensing Boarc Atomic Safety anc Licensinc.Boaro U.S.
Nuclear Reculatory Commission U.S. Nuclear Regulatory Commission i
Washincton, DC 20555 Washtnoten. DC' 20555 l
l Joseph Rutbero, Esautre Troy B. Cenner, Jr., Escuire Office of the General Counsel Conner & Wetterhahn, P.C.
U.S. Nuclear Reculatory Commission 1747 Pennsylvania Avenue, N.W.
Washincton. DC 20555 Washincton, DC 20006 Charles W.
Elliot, Escutre Edward B. Bauer, Jr., Esquire-I Poswistilo. Elliott & Elliott Vice President and General Counsel 1101 Northampton Street. Suite 201 Philadelphia Electric Company Caston, PA 18042 2001 Market Street l -
Philadelphia, PA 19101 l
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ub HEO 4EAFELliE; -NSWER RED.,
f sincent t.
boyer Frant k.
F.omano Vlte fresloent-Encr. t kes.
Chairman Fh11adelphaa Electric Company Air and Water Follution retrel 2301 Mar 6,et Street 61 Forest Avenue Fhtladelphia. FA 19101 Ambler, PA 19002 David Stone Limerick Ecolooy Action. Inc.
Robert J. Suoarman. Escuire F.O.
Box 761 101 North Broad Street. 16th Floor Pottstown. FA 19464 Philadelphia. FA 19107 Charles E.
- Rainev, Jr..
Esc.
Michael B. Marsch, Escuire Chief Deputy City icliciter Federal Emercency Manacement Acency City o+ Fhiladescria 500 C Street. 5.W.
1 Acadina Center. F:4th Floor Washincton, DC 20472 Fh11acelonia. FA 19107 David Wersan. Esautre Theodore G. Otto. 111. Escuire Assistant Censumer Aavocate Chief Counsel Office ci Consumer Advocate Fennsylvans a Department of Corrections 1425 Strawcerry 5cuare P.O.
Box $90 Harrisburg, PA 17120 Camp Hill, PA 17011 Gregory E. Dunlap Deputy General Counsel hetert L.
Anthony The Commonwealth cf Fennsylvanta box 156 Office of General C c u r, s el Moylan, FA 19065 333 Market Street. 17th Floor Harriscur o, F A 17120 Senter Resteent Insoecter U.S.
Nuclear heoulatory Commission F.O. Box 596 Fottstcwn. FA 19464 Dated at Rockv111e. Md. this 16 day of August 1969 O_N...
Office -
the Eecretary of tne Commission l
1
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