ML20246F101
| ML20246F101 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 08/25/1989 |
| From: | Elliott C, Rutberg J, Wetterhahn M CONNER & WETTERHAHN, LIMERICK ECOLOGY ACTION, INC., NRC OFFICE OF THE GENERAL COUNSEL (OGC), PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC, POSWISTILO, ELLIOT & ELLIOT |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20246F088 | List: |
| References | |
| OL-2, NUDOCS 8908300157 | |
| Download: ML20246F101 (4) | |
Text
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.L Av gg AUG 25 P2 :41 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
,y 3. :
g gacM Before the Atomic Safety and Licensing Board In the Matter of
)
Docket Nos. 50-352-OL-2
)
50-353-OL-2 6'
)
Philadelphia Electric Compa:
)
(Severe Accident (Limerick Generating Station,
)
Mitigation Design Units 1 and 2)
)
Alternatives)
JOINT MOTION FOR TERMINATION OF PROCEEDINGS On February 28,
- 1989, the United States Court of Appeals for the Third Circuit issued its decision in Limerick Ecology Action, Inc. v. NRC, 689 F.2d 719 (3d Cir.
1989) remanding to the Nuclear Regulatory Commission ("NRC")
for consideration a
contention that severe accident mitigation design alternatives ("SAMDAs") must be considered for the Limerick Generating Station.
On May 5,
- 1989, the Commission issued an Order requiring further proceedings before an Atomic Safety and Licensing Board (" Licensing Board") in compliance with the Opinion of the Third Circuit.
A prehearing conference was held June 6,
1989 to define the issues in the proceeding.
On July 18, 1989, the presiding Licensing Board issued a Memorandum and Order ruling on which of the proposed SAMDAs fall within the scope of the Commission's Order of May 5, 1989.
The parties were in the process of conducting informal discovery on these alternatives.
In the meantime,
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. Ti Limerick Ecology Action ( " LEA" )
and Philadelphia Electric Company ("PECO") entered into discussions for the purpose of resolving LEA's SAMDA contention, the only contention in this proceeding, and have reached an agreement settling LEA's concerns as set forth in the attached Settlement Agreement.
On August 16, 1989, the NRC Staff issued its Supplement to the Final Environmental Statement to consider the question of SAMDAs.
This Board has previously encouraged the parties to work together towards settlement of outstanding issues (Prehearing Conference Tr. at 27, 37).
This is consistent with longstanding Commission policy supporting the dismissal of proceedings by reason of the parties' settlement. /
Accordingly, the NRC Staff, LEA and PECO hereby jointly move the Board to accept the attached Settlement Agreement,
- /
- See, e.g.,
10 C.F.R. 52.759; the Commission Policy Statement on the Conduct of Proceedings, 13 NRC (198 );
Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), ALAB-830, 23 NRC 59, 60 (1986);
Texas Utilities Electric Company (Comanche Peak Steam Electric Station, Units 1 and 2),
Memorandum and Order (Dismissing Proceedings) (July 13, 1988); Public Service Electric and Gas Company (Hope Creek Generating Station),
LBP-85-6A, 21 NRC 648 (1985);
Rochester Gas Electric Corporation (R.E.
Ginna Nuc). ear Plant, Unit 1), LBP-84-34, 20 NRC 769 (1984); Gulf States Utilities (River Bend Station Units 1 and 2), LBP-84-51, 20 NRC 1478 (1984).
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it contention with prejudice, dismiss LEA as a dismiss' LEA's party to this proceeding and' terminate the proceeding.
. Licensee, LEA, and ' the NRC agree that nothing 'in the Settlement Agreement in any way restricts the right of LEA to. communicate to the Commission any safety information it may have or obtain.
Respectfully. submitted,
\\
Jo ph IQpber'g Co
'dplforUnited(States clear Regulatory Commission Staff Charles Elliott-Poswistilo,,Elliott & Elliott Suite 201 1101 Northampton Street Easton, PA 18042 Counsel for Limerick Ecology Action, Inc.
9 Q
Mar)( J. Wlgutterhahn Conner & Wetterhahn, P.C.
Suite 1050 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20006 Counsel for Philadelphia Electric Company August 25, 1989 l-l l
i.t'
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dismiss LEA's contention with prejudice, dismiss LEA as a g
party to.this proceeding and terminate the proceeding.
Licensee,' LEA, and the NRC agree that nothing in the
.j settisment Agreement in any way restrices the right of LEA to communicate to the Commission any safety information it may have or obtain.
-Respectfully submitted, Joseph Rutberg
. Counsel for United States Nuclear Regulatory Commission Staff d/ h Charles Elliott Poswistilo, Elliott E Elliott Suite 201 1101 Northampton Street Easton, PA 18042 counsel for Limerick Ecology Action, Inc.
l Marx J. bbttedahn Conner & Wetterhahn, P.C.
Suite 1050 1747 Pennsylvania Avenue, N.W.
l Washington, D.C.
20006 i
Counsel fer. Philadelphia Electric Company August 25, 1989
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