ML20198R762

Response Opposing Friends of the Earth 860522 Petition for Review of ALAB-836 & Stay Request.Certificate of Svc Encl

ML20198R762
Person / Time
Site:	Limerick
Issue date:	06/06/1986
From:	Rader R CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	NRC COMMISSION (OCM)
References
CON-#286-464 ALAB-836, OL, NUDOCS 8606100201
Download: ML20198R762 (8)

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'JUN 919866 31 UNITED STATES OF AMERICA Doca:nnca

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NUCLEAR REGULA'IORY C0tWISSION Before the Canmission g

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In the Matter of

)

)

Philadelphia Electric Ccmpany

) Docket Nos. 50-352

)

50-353 (Limerick Generating Station,

)

Units 1 and 2)

)

LICENSEE'S OPPOSITION 'IO FRIENDS OF THE EARIE'S PETITION FOR REVIEW OF AIAB-836 AND ITS STAY RBuur.sr On May 22, 1986, intervenor Friends of the Earth (" FOE") petitioned the Comtission for review of AIAB-836, issued May 7,1986.1I Pursuant to 10 C.F.R.

S2.786 (b) (3), Licensee Philadelphia Electric Ca pany

(" Licensee") opposes EDE's request on the grounds that EDE has failed to show that AIAB-836 is erroneous with respect to any inportant question of fact, law or Ccamission policy.

Further, the Camtission and its adjudicatory boards have already detennined that EDE is not entitled to a stay which would suspend Licensee's operating license for the Limerick Generating Station

(" Limerick").

EDE has added nothing new to its previously denied motion.

EDE wishes the Comnission to review findings below regarding the flow of traffic in an evacuation once vehicles reach the boundary of the 1/

Philadelphia Electric Cm pany (Limerick Generating Station, Units -

and 2), AIAB-836, 23 NRC (May 7,

1986).

That decision i

affirmed, with two exceptions, the Third PID issued in this pr M ing, which related to offsite emergency plans and preparedness. See Limerick, supra, LBP-85-14, 21 NRC 1219 (1985).

i 8606100201 860606 PDR ADOCK 05000352 O

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, v plune exposure pathway emergency planning zone ("EPZ") for Limerick.

'Ihe presiding Atanic Safety and Licensing Board

(" Licensing Board")

found that traffic control measures in place at the time of an energency will ensure that evacuating traffic flow beyond the EPZ will not be inpeded. The Atanic Safety and Licensing Appeal Board (" Appeal Board")

agreed, subject to the inplementation of additional traffic control measures at the Downingtown interchange of the Pennsylvania Turnpike.

Accordingly, this matter has been resolved and does not warrant Catmis-sion review.

Argument 1.

Evacuation time estimates as affected by traffic beyond the EPZ. In the proceeding below, both Limerick Ecology Action ("LFA") and FOE argued that the Limerick EPZ should be enlarged to include certain areas beyond the Limerick EPZ, i.e., the Valley Forge National Park and to ensure traffic control.E As the Appeal Marsh Creek State Park, Board correctly held, however, the Licensing Board had ordered that further traffic control points be added along the EPZ perimeter.

Therefore, offsite emergency plans for Limerick dc provide adequate traffic control measures to ensure that the flow of evacuating vehicles will not be impeded by other traffic along evacuation corridors beyond 2/

See ALAB-836 at 27, 3/

Limerick, supra, LBP-85-14, 21 NRC at 1269, 1407.

As noted, the Appeal Board further ordered that traffic control be added at the Downingtown interchange of the Pennsylvania Turnpike to ensure that traffic along one of the evacuation corridors would not be impeded at that point. ALAB-836 at 24-26.

i b the EPZ.O Moreover, park officials would cooperate at the time of an energency in controlling and directing traffic flow.5/ Thus, there is no need to enlarge the EPZ as a means to control traffic in outlying areas.

ME argues that the evacuation time estimates for Limerick are deficient because they did not take into account the volume of traffic already on evacuation corridors beyond the EPZ at the time of an evac-uation. As the Licensing Board held, however, the methodology utilized l

in preparing the estimates "was not dependent upon any site-specific knowledge of traffic on evacuation corridors during an actual evac-uation, including those in the Valley Forge National Park / King of Prussia area.

Normal traffic volume and direction, though well under-stood, were not relevant to the zero base flow assumption."6_/

The Appeal Board agreed that the "zero base flow assunption" is reasonable and a valid means for calculating evacuation time estimates under NUREG-0654, Appendix 4.E No basis for questioning the validity of this methodology has been denonstrated by NE. The unsupported claims by N E on appeal add nothing. NE's representative, Mr. Anthony, has shown no expertise in traffic engineering or traffic flow simulation modelling.

2.

Limitations on cross-examination to avoid unnecessary delay.

I ME's other ccuplaint is that its cross-examination of certain witnesses l

i 4/

Id. at 19.

5/

Id. at 28.

j 6_/

Limerick, supra, LBP-85-14, 21 NBC at 1250.

l 7/

AIAB-836 at 14-16.

i

(

> b was limited by the Licensing Board.

The Appeal Board correctly found that the consolidation of LEA and NE with respect to ME's single admitted contention was appropriate.8_/ The Appeal Board also held that it was proper for the Licensing Board to limit the intervenors' cross-examination, as do the federal courts in similarly cmplex, lengthy litigation, to avoid delay created by the "inpugxr, repetitive, or unfocused questions" asked by the intervenors' lay representatives.1 As below, NE has failed to describe in its petition any "out-cme-determinative testimony that was allegedly precluded by the time restrictions. "1_0,/

Mr. Anthony had anple time to cross-examine Dr.

Urbanik on his prepared testimony that further traffic control might be needed outside the EPZ, but chose to pursue a frivolous conflict of interest issue and other tangential subjects (see Urbanik, Tr.

19248-70).E 3.

Stay request.

Finally, EE's request for a stay lacks merit and should be denied.

WE merely asserts generalized concern for safe operation of the Limerick reactor and does not address the stay criteria in any meaningful fashion. The Cmmission has previously found that a similarly deficient stay request by NE warranted sumary denial.12/

8/

Id. at 33.

9/

Id. at 35.

10/ Id.

11_/ Moreover, Mr. Anthony had ample time to cross-examine the other planning a.xperts cited in his petition, namely, Mr. Klinm (Tr.

14016-64 and Messrs. Asher and Kinard (Tr. 20228-48, 20316-20).

1_2,/ Limerick, supra, CLI-86-6, 23 Nic 130,134 (1986).

2

, k Moreover, Mr. Anthony elected not to seek a stay before the Cmmission just prior to issuance of the operating license for Limerick.EI After issuance of the license, the Appeal Board denied ME's request for a stay based on alleged error in the Third PID as untimely and wholly without merit.E Conclusion For the reasons discussed above, NE has shown no issue of fact, law or policy which the Cmmission should review.

Its petition and request for a stay should be denied.

Respectfully sulni.tted, CONNER & WETIERHAHN, P.C.

V s

Troy B. Conner, Jr.

Robert M. Rader Counsel for the Licensee June 6, 1986 g/ See Limerick, supra, CLI-85-15, 22 NBC 184 (1985).

14,/ Limerick, supra, AIAB-814, 22 NRC 191, 195 (1985).

On Septanber 23, 1985, ALAB-814 became final agency action, as stated in the Secretary's letter to the parties, dated September 24, 1985.

o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

)

)

Philadelphia Electric Company

)

Docket Nos. 50-352

)

50-353 (Limerick Generating Station,

)

Units 1 and 2)

)

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Opposition to Friends of the Earth's Petition for Review of ALAB-836 and its Stay Request," dated June 6,

1986 in the captioned matter have been served upon the following by deposit in the United States mail this 6th day of June, 1986:

Samuel J. Chilk, Secretary Lando W.

Zech, Jr.,

office of the Secretary Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.

20555 Washington, D.C.

20555 Nunzio J.

Palladino, Christine N. Kohl, Chairman Chairman Atomic Safety and Licensing U.S. Nuclear Regulatory Appeal Board Commission U.S. Nuclear Regulatory Washington, D.C.

20555 Commission Washington, D.C.

20555 Thomas M. Roberts, Commissioner Dr. Reginald L. Gotchy U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Washington, D.C.

20555 U.S. Nuclear Regulatory Commission t

James K. Asselstine, Washington, D.C.

20555 Commissioner U.S. Nuclear Regulatory Gary J. Edles Commission Atomic Safety and Licensing Washington, D.C.

20555 Appeal Board U.S. Nuclear Regulatory Frederick M. Bernthal, Commission Commissioner Washington, D.C.

20555 U.S. Nuclear Regulatory Commission Washington, D.C.

20555

a S Helen F. Hoyt, Esq.

Atomic Safety and Licensing Chairperson Appeal Panel Atomic Safety and U.S. Nuclear Regulatory Licensing Board U.S.

Commission Nuclear Regulatory Washington, D.C.

20555 Commission Washington, D.C.

20555 Docketing and Service Section Office of the Secretary Dr. Richard F. Cole U.S. Nuclear Regulatory Atomic Safety and Commission Licensing Board Washington, D.C.

20555 U.S. Nuclear Regulatory Commission Ann P.

Hodgdon, Esq. Counsel Washington, D.C.

20555 for NRC Staff Office of the Executive Dr. Jerry Harbour Legal Director Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C.

20555 Commission Washington, D.C.

20555 Angus Love, Esq.

107 East Main Street Atomic Safety and Licensing Norristown, PA 19401 Board Panel U.S. Nuclear Regulatory Robert J. Sugarman, Esq.

Commission Sugarman & Hellegers Washington, D.C.

20555 16th Floor, Center Plaza 101 North Broad Street Philadelphia Electric Company Philadelphia, PA 19107 ATTN:

Edward G. Bauer, Jr.

Vice President &

Director, Pennsylvania General Counsel Emergency Management Agency 2301 Market Street Basement, Transportation Philadelphia, PA 19101 and Safety Building Harrisburg, PA 17120 Mr. Frank R.

Romano 61 Forest Avenue Kathryn S. Lewis, Esq. City of Ambler, Pennsylvania 19002 Philadelphia Municipal Services Bldg. 15th and JFK Mr. Robert L. Anthony Blvd. Philadelphia, PA 19107 Friends of the Earth of the Delaware Valley 106 Vernon Lane, Box 186 Moylan, Pennsylvania 19065

3 Charles W. Elliott, Esq.

Spence W.

Perry, Esq.

325 N.

10th Street Associate General Counsel Easton, PA 18042 Federal Emergency Management Agency Phyllis Zitzer, Esq.

500 C Street, S.W., Rm. 840 Limerick Ecology Action Washington, DC 20472 P.O.

Box 761 762 Queen Street Thomas Gerusky, Director Pottstown, PA 19464 Bureau of Radiation Protection Barry M. Hartman, Esq.

Department of Environmental Deputy General Counsel Resources Commonwealth of 5th Floor, Fulton Bank Bldg.

Pennsylvania Third and Locust Streets P.O. Box 11775 Harrisburg, PA 17120 Harrisburg, PA 17108 James Wiggins Jay M. Gutierrez, Esq. U.S.

Senior Resident Inspector Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 631 Park Avenue P. O. Box 47 King of Prussia, PA 19406 Sanatoga, PA 19464 Timothy R.S. Campbell Mr. Ralph Hippert Director Pennsylvania Emergency Department of Emergency Management Agency Services B151 - Transportation 14 East Biddle Street Safety Building West Chester, PA 19380 Harrisburg, PA 17120 Theodore G. Otto, Esq.

Department of Corrections Office of Chief Counsel P.O. Box 598 Lisburn Road Camp Hill, PA 17011 QA Robeft M. Rader