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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20151L3671997-08-0505 August 1997 Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately).Orders That SA Blacklock Prohibited from Engaging in Activities Licensed by NRC for 5 Yrs from Date of Order ML20151L5181997-08-0505 August 1997 Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately) Re SL Nevin Deliberately Falsifying Records of RECW Sample Documentation on 960207 ML20203H6891997-06-0202 June 1997 Transcript of 970602 Enforcement Conference in King of Prussia,Pa ML20083N3971995-04-26026 April 1995 Comment Supporting Proposed GL, Pressure Locking & Thermal Binding of Safety-Related Power-Operated Gate Valves ML20081B3811995-03-0101 March 1995 Comment Supporting Proposed Suppl 5 to GL 88-20, IPEEE for Severe Accident Vulnerabilities ML20058K7381993-12-0303 December 1993 Memorandum & Order CLI-93-25.* Commission Denies State of Nj Petition for Leave to Intervene & Request for Adjudicatory Hearing Filed on 931008.W/Certificate of Svc.Served on 931203 ML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20057G2141993-10-14014 October 1993 Order.* Requests for Simultaneous Responses,Not to Exceed 10 Pages to Be Filed by State,Peco & Lipa & Served on Other Specified Responders by 931020.NRC May File by 931022. W/Certificate of Svc.Served on 931014 ML20059A4581993-10-14014 October 1993 Order Requesting Answers to Two Questions Re State of Nj Request for Immediate Action by NRC or Alternatively, Petition for Leave to Intervene & Request for Hearing. Operations Plans for Marine Transportation Withheld ML20059B1291993-09-14014 September 1993 Affidavit of Jh Freeman.* Discusses Transfer of Slightly Used Nuclear Fuel from Shoreham Nuclear Power Station to Limerick Generating Station.W/Certificate of Svc & Notice of Appearance ML20045D8121993-06-14014 June 1993 Comment Supporting Proposed Rules 10CFR50 & 54 Re FSAR Update Submittals. ML20126F2721992-12-21021 December 1992 Comment Endorsing Positions & Comments of NUMARC & BWROG Re Draft GL, Augmented Inservice Insp Requirments for Mark I & Mark II Steel Containments,Refueling Cavities & Associated Drainage Sys ML20062C6561990-10-22022 October 1990 Affidavit Requesting Withholding of Summary Rept on Evaluation of Recirculation Nozzle to Safe End Weld Indication & Proposed Disposition to Permit Unit 1 Cycle 4 Operation, from Public Disclosure,Per 10CFR2.790 ML20246J4521989-08-30030 August 1989 Memorandum & Order (Terminating Proceeding).* Terminates Proceeding Per Settlement Agreement Between Limerick Ecology Action,Inc & Licensee.W/Certificate of Svc.Served on 890831 ML20246F1471989-08-25025 August 1989 Settlement Agreement.* Certificate of Svc Encl ML20246F1011989-08-25025 August 1989 Joint Motion for Termination of Proceedings.* Board Moved to Accept Encl Settlement Agreement,Dismiss Limerick Ecology Action,Inc (Lea) Contention W/Prejudice,Dismiss Lea as Party to Proceeding & Terminate Proceeding ML20246F0121989-08-25025 August 1989 Memorandum & Order CLI-89-17.* Staff Authorizes Issuance of Full Power License to Licensee to Operate Unit 2 After Requisite Safety Findings Under 10CFR50.57 Completed. W/Certificate of Svc ML20246E3431989-08-22022 August 1989 Opposition of Intervenor Limerick Ecology Action,Inc to Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing.* Requests That Schedule Be Replaced W/More Reasonable Schedule,As Proposed.W/Certificate of Svc ML20246C0271989-08-18018 August 1989 Notice of Appointment of Adjudicatory Employee.* Informs That D Nash Appointed as Commission Adjudicatory Employee to Advise Commission on Issues in Proceeding.W/Certificate of Svc.Served on 890818 ML20246B7721989-08-17017 August 1989 Correction of Memorandum & Order of 890815.* Advises That Refs to 49CFR2.730(c) on Page 1 & 49CFR2.710 & 49CFR2.711 on Page 2 Should Be Corrected to Read as 10CFR2.730(c),2.710 & 2.711,respectively.W/Certificate of Svc.Served on 890818 ML20246D7411989-08-17017 August 1989 Transcript of 890817 Meeting in Rockville,Md Re Discussion of Full Power OL for Facility.Pp 1-58.Supporting Documentation Encl ML20246B7571989-08-16016 August 1989 Order Responding to Limerick Ecology Action Motion for Reconsideration.* Denies Motion to Reconsider,Stay,Suspend or Revoke 890707 Order on Basis That Order Appropriate.W/ Certificate of Svc.Served on 890816.Re-served on 890818 ML20246B7751989-08-16016 August 1989 Memorandum & Order.* Denies Rl Anthony 890623 Request for Hearing for Intervention in Remand Proceeding & for Stay of Low Power Authorization.W/Certificate of Svc.Served on 890816 ML20246B7931989-08-15015 August 1989 Memorandum & Order (Request for Expedited Answer).* Denies Licensee 890811 Request for Expedited Answer from NRC & Limerick Ecology Action on Basis That Request Lacks Good Cause.W/Certificate of Svc.Served on 890816 ML20245H8061989-08-14014 August 1989 Supplemental Response of Intervenor Limerick Ecology Action, Inc to Memorandum & Order of Commission & to Memorandum & Order of 890807.* Requests Further Extension of Time in Which to Reply.Certificate of Svc Encl ML20245H8491989-08-14014 August 1989 Notice of Change of Address.* Advises of Council Change of Address for Svc of Documents ML20245H5991989-08-11011 August 1989 Memorandum & Order (Terminating Proceeding).* Dismisses Graterford Inmates Contention Re Adequacy of Training for Drivers Responsible for Evacuating Graterford & Terminates Proceeding.Certificate of Svc Encl.Served on 890814 ML20245H7341989-08-10010 August 1989 Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing & Request for Expedited Answer to This Motion.* Divergence in Positions of Respective Parties Emphasizes Need to Conclude Proceeding.W/Certificate of Svc ML20245F7511989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to NRC Staff Response to Commission Questions.* Commission Should Rely on Licensee Cost Analysis in Response to Question 5 & Rc Williams Affidavit.W/Certificate of Svc ML20245F7341989-08-0909 August 1989 NRC Staff Response to Commission Memorandum & Order of 890807.* Advises That NRC Will Provide Comments on Limerick Ecology Action 890814 Filing Prior to Commission Meeting Scheduled for 890817.W/Certificate of Svc ML20245F7161989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Environ Benefits for Operating Unit 2 Outweigh Small Risk of Severe Accident ML20245F7291989-08-0808 August 1989 Affidavit.* Discusses Costs Incurred While Plant Inoperable. Allowance for Funds Used During Const,Security,Maint & Operational Costs Considered Proper for Calculating Costs for Delay ML20248D9241989-08-0707 August 1989 Memorandum & Order.* Extends Limerick Ecology Action Response Deadline to 890814 to Respond to Five Questions Re Severe Accident Mitigation Design Alternatives.W/Certificate of Svc.Served on 890807 ML20248D7871989-08-0303 August 1989 Correction for NRC Staff Response to Commission Questions.* Forwards Corrected Page 5 to NRC Response to Questions Filed on 890802,deleting Phrase by Nearly Factor 2.5 in Next to Last Line.W/Certificate of Svc ML20248D5391989-08-0202 August 1989 Affidavit of MT Masnik.* Advises That Author Prepared Response to Question 3 ML20248D7111989-08-0202 August 1989 Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Commission Order Fails to Provide Intervenor Adequate Time for Response & Should Therefore Be Revoked.W/Certificate of Svc ML20248D5671989-08-0202 August 1989 Affidavit of SE Feld.* Advises That Author Prepared Response to Question 5.W/Certificate of Svc ML20248D4971989-08-0202 August 1989 Joint Affidavit of Gy Suh & CS Hinson.* Advises That Authors Prepared Responses to Questions 1 & 4 ML20248D6451989-08-0202 August 1989 Affidavit.* Advises That Author Read Responses to Request for Comments by NRC & Knows Contents.W/Certificate of Svc ML20248D4721989-08-0202 August 1989 NRC Staff Response to Commission Questions.* Provides Info for Use in Commission Effectiveness Review of Plant Full Power Operation,Per Commission 890726 Memorandum & Order. Supporting Affidavits Encl ML20248D5981989-08-0202 August 1989 Response by Licensee Philadelphia Electric Co to Commission Request for Comments by Memorandum & Order Dtd 890726.* Licensee Requests Commission Issue Full Power OL for Unit 2 Conditioned Upon Outcome of Pending Litigation ML20248D5311989-08-0202 August 1989 Affidavit of Rj Barrett.* Advises That Author Prepared Response to Question 2 ML20245J1321989-07-27027 July 1989 Transcript of 890727 Meeting in Rockville,Md Re Facility Severe Accident Mitigation Issues.Pp 1-130.Supporting Info Encl ML20247N3261989-07-26026 July 1989 Transcript of 890726 Affirmation/Discussion & Vote in Rockville,Md on SECY-89-220 Re Order Requesting Info from Parties for Immediate Effectiveness Review of Full Power Authorization for Limerick Unit 2.Pp 1-4 ML20248D7331989-07-24024 July 1989 Second Rept of Parties & Request for Dismissal of Graterford Inmates Contention & Termination of Proceeding.* Requests Board to Enter Order to Terminate Proceeding Based on Parties Agreeing to Dismissal of Remaining Contention ML20247Q4621989-07-23023 July 1989 Response of Intervenor Rl Anthony to Answer of Philadelphia Electric Co (PECO) to Request for Hearing on PECO Application for Low Power Operation of Unit 2 & Stay of Any Operation in Keeping W/Us Circuit Court Remand Of....* ML20247B7261989-07-20020 July 1989 Notice of Appointment of Adjudicatory Employee.* Advises That H Vandermole Appointed to Advise Commission on Issues in Proceeding Re Severe Accident Mitigation Design Alternatives.W/Certificate of Svc.Served on 890720 ML20247B3821989-07-18018 July 1989 Memorandum & Order.* Orders That Severe Accident Mitigation Alternatives,Per Nepa,To Be Considered Include Containment Heat Removal,Core Residue Capture & Venting.Certificate of Encl.Served on 890719 ML20247B7641989-07-13013 July 1989 Motion of Intervenor,Limerick Ecology Action Inc,To Reconsider/Stay/Suspend/Revoke Order Authorizing Issuance of Low Power OL for Limerick 2.* Consideration of Accident Mitigation Alternatives Imperative.Certificate of Svc Encl 1997-08-05
[Table view] Category:PLEADINGS
MONTHYEARML20059B0301993-10-22022 October 1993 NRC Staff Response to Commission Questions Posed W/Respect to State of New Jersey Petition for Leave to Intervene & Request for Hearing.* Denies Petition to Intervene & Request for Hearing.W/Certificate of Svc & Notice of Appearance ML20059B1111993-10-20020 October 1993 Philadelphia Electric Co Response to NRC 931014 Order.* State Failed to Demonstrate Entitlement to Hearing to Challenge Util Amend to Permit Util to Receive Shoreham Fuel ML20246F1011989-08-25025 August 1989 Joint Motion for Termination of Proceedings.* Board Moved to Accept Encl Settlement Agreement,Dismiss Limerick Ecology Action,Inc (Lea) Contention W/Prejudice,Dismiss Lea as Party to Proceeding & Terminate Proceeding ML20246E3431989-08-22022 August 1989 Opposition of Intervenor Limerick Ecology Action,Inc to Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing.* Requests That Schedule Be Replaced W/More Reasonable Schedule,As Proposed.W/Certificate of Svc ML20245H8061989-08-14014 August 1989 Supplemental Response of Intervenor Limerick Ecology Action, Inc to Memorandum & Order of Commission & to Memorandum & Order of 890807.* Requests Further Extension of Time in Which to Reply.Certificate of Svc Encl ML20245H7341989-08-10010 August 1989 Motion by Licensee Philadelphia Electric Co to Set Schedule for Discovery & Hearing & Request for Expedited Answer to This Motion.* Divergence in Positions of Respective Parties Emphasizes Need to Conclude Proceeding.W/Certificate of Svc ML20245F7511989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to NRC Staff Response to Commission Questions.* Commission Should Rely on Licensee Cost Analysis in Response to Question 5 & Rc Williams Affidavit.W/Certificate of Svc ML20245F7161989-08-0909 August 1989 Reply by Licensee Philadelphia Electric Co to Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Environ Benefits for Operating Unit 2 Outweigh Small Risk of Severe Accident ML20248D5981989-08-0202 August 1989 Response by Licensee Philadelphia Electric Co to Commission Request for Comments by Memorandum & Order Dtd 890726.* Licensee Requests Commission Issue Full Power OL for Unit 2 Conditioned Upon Outcome of Pending Litigation ML20248D7111989-08-0202 August 1989 Response of Intervenor Limerick Ecology Action,Inc to Memorandum & Order of Commission Dtd 890726.* Commission Order Fails to Provide Intervenor Adequate Time for Response & Should Therefore Be Revoked.W/Certificate of Svc ML20247Q4621989-07-23023 July 1989 Response of Intervenor Rl Anthony to Answer of Philadelphia Electric Co (PECO) to Request for Hearing on PECO Application for Low Power Operation of Unit 2 & Stay of Any Operation in Keeping W/Us Circuit Court Remand Of....* ML20247B7641989-07-13013 July 1989 Motion of Intervenor,Limerick Ecology Action Inc,To Reconsider/Stay/Suspend/Revoke Order Authorizing Issuance of Low Power OL for Limerick 2.* Consideration of Accident Mitigation Alternatives Imperative.Certificate of Svc Encl ML20246P4951989-07-0303 July 1989 Licensee Memorandum Re Proposed Design Mitigation Alternatives for Which Agreement Among Parties Could Not Be Reached.* Only Specific Alternatives Being Considered by Licensee & Should Be Given Attention.W/Certificate of Svc ML20246P3321989-07-0303 July 1989 NRC Staff Memorandum Supporting Staff Position Re Alternatives to Be Litigated.* Board Should Reject Limerick Ecology Action Suggested Items for Litigation Considered Outside of Scope of Remand.W/Certificate of Svc ML20246N9971989-06-30030 June 1989 Memorandum of Limerick Ecology Action,Inc,Per Prehearing Conference Order of ASLB of 890609.* Proposed Alternatives for Severe Accident Mitigation within Scope of Proceeding on Remand.Certificate of Svc Encl ML20245D2691989-06-21021 June 1989 Applicant Reply Memorandum in Support of Motion for Clarification Or,Alternatively,For Exemption.* Commission Should Determine That NRC Fully Authorized to Issue OL for Facility & Be Directed,Per 10CFR51.6.W/Certificate of Svc ML20245A5981989-06-15015 June 1989 Opposition of Limerick Ecology Action,Inc to Applicant Motion for Clarification of Commission Delegation of Authority & for Issuance of Ol,Or Alternatively,For Exemption from Procedural....* W/Certificate of Svc ML20245A5811989-06-15015 June 1989 Opposition of Commonwealth of PA to Motion of Philadelphia Electric Co for Clarification of Commission Delegation of Authority & for Issuance of OL & Opposition to Motion for Exemption.* W/Certificate of Svc ML20248B7471989-06-0505 June 1989 Applicant Motion for Clarification of Commission Delegation of Authority & for Issuance of Ol,Or,Alternatively,For Exemption from Procedural Requirement That License for Limerick Unit 2 Cannot Issue Until Contention Remanded....* ML20151T6901988-04-25025 April 1988 Response of Intervenor Rl Anthony to PECO 880331 Response & NRC Staff 880404.* Denial of Applicant Motion for Summary Disposition & Application for License Amend Urged ML20150F8721988-03-31031 March 1988 Licensee Response to Order of 880317 Requesting Clarifying Info.* Clarifying Info Needed to Decide Parties Submissions on Licensee Motion for Summary Disposition ML20149K9821988-02-18018 February 1988 Response of NRC Staff in Support of Licensee Motion for Summary Disposition.* NRC Agrees W/Licensee Motion Because No Genuine Issue of Matl Fact Exists to Be Litigated. Consolidated Contention & Proceeding Should Be Dismissed ML20196D6751988-02-0909 February 1988 Response in Opposition to Licensee Request for Summary of Disposition of Air & Water Pollution Patrol Opposition to Licensee Application for Amend to License NPF-39 & Exemption to App J of 871218. * ML20235A8101988-01-0606 January 1988 Licensee Opposition to Intervenor Rl Anthony Request for Extension of Time for Discovery.* Intervenor Request Should Be Denied as Intervenor Had Adequate Opportunity to Review Responses & Pursue Addl Discovery.W/Certificate of Svc ML20235A8041988-01-0505 January 1988 Air & Water Pollution Patrol (Romano) Reaction to Licensee time-defaulted Response for Production of Documents as Ordered by NRC Administrative judges,871120.* Requests That Util Be Reprimanded for Defaulting on 871120 Order ML20238D1601987-12-20020 December 1987 Intervenor Rl Anthony Request for Extension of Time for Discovery.* Extension Requested Due to Listed Obstacles Which Have Prevented Study of Matl Provided & Matl Missing ML20236T1781987-11-23023 November 1987 Licensee Memorandum in Support of Motion for Summary Disposition,Preliminary Statement.* Proposed Amend Does Not Downgrade Reporting Requirements for Iodine Spikes. Consolidated Contention & Proceeding Should Be Dismissed ML20236T1611987-11-23023 November 1987 Licensee Motion for Summary Disposition.* Forwards Util Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard,Memorandum in Support of Motion for Summary Disposition & J Doering & Js Wiley Affidavits ML20236P8241987-11-12012 November 1987 Air & Water Pollution Patrol (Awpp) (Romano) Objection to Licensee Objection to Intervenor Awpp Request for Opportunity to File for Discovery & Motion for Protective Order.* Failure to Monitor Proceeding Inadvertent ML20236P8971987-11-10010 November 1987 Intervenor Rl Anthony Objection to Philadelphia Electric Co Objection to Anthony Discovery & Request for Protective Order Dtd 871030.* Only Essential Matl for Appeal of Granting License Amend Requested ML20236N8971987-11-0909 November 1987 Response of NRC Staff to Rl Anthony Discovery Requests & Licensee Objections Thereto.* ASLB Should Deny Request,But Protective Order Not Opposed.Certificate of Svc Encl.Related Correspondence ML20236N8351987-11-0909 November 1987 Response of NRC Staff to Air & Water Pollution Patrol Motion of 871027 Concerning Summary Disposition & Discovery & Licensees Objections Thereto.* Motion Should Be Denied. Certificate of Svc Encl ML20236L7471987-11-0202 November 1987 Licensee Objection to Intervenor Air & Water Pollution Patrol Request for Opportunity to File for Discovery & Motion for Protective Order.* Certificate of Svc Encl ML20236H3911987-10-30030 October 1987 Licensee Objection to Intervenor Anthony Request for Discovery & Motion for Protective Order.* Certificate of Svc Encl ML20236H4091987-10-27027 October 1987 Memorandum & Order (Memorializing Special Prehearing Conference;Ruling on Contentions).* Motion for Board to Summarily Dispose Util Request Instant Amend & for Exercise to Discovery ML20236H3401987-10-25025 October 1987 Intervenor Rl Anthony Response to 871009 Memorandum & Order.* Author Has No Further Requests for Info in Addition to Items Recorded in .Util Should Provide Listed Records ML20236R7731987-08-26026 August 1987 Suppl to Petitioner Response of 870702 to Board Notice of Hearing & Order of 870729.* Petitioner Lists Contentions Opposing Granting of License Amend to Tech Specs for Plant Re Matter of Radioactive Iodine Spikes ML20237G9731987-08-21021 August 1987 Air & Water Pollution Patrol Suppl to Opposition to Radioactive Iodine Amend for License NPF-39.* Concerns Expressed Re Unusual Sensitivity of Thyroid to Iodine. Licensee Does Not Merit Amend,Based on Util Past Conduct ML20235M1751987-07-13013 July 1987 Staff Reply to Licensee Answers to Petitioner Requests for Hearing & Motions to Intervene (Licensee Second Argument).* Air & Water Pollution Patrol & R Anthony Failed to Meet Stds for Intervention in Amend Proceedings.Aslb Denies Petition ML20235G5851987-07-0505 July 1987 Awpp (Romano) Answers Licensee Argument II as Per Order of 870522 Re Representational Standing.* Urges Licensee to Show Cause Why Cable Pulling Necessitates Greater Air Leakage from Reactor Openings ML20235J0491987-07-0202 July 1987 Response by Intervenor Rl Anthony to Board Order of 870622.* Licensee Opposed to License Amend & Request Hearing to Form Basis for Board to Deny Request.Reduction of Control Over Iodine Spikes & Levels Is Threat to Health of Public ML20215J7661987-06-16016 June 1987 NRC Staff Response to Licensee Answer in Opposition to Request for Hearing & Leave to Intervene by Air & Water Pollution Patrol.* Board Should Reject Licensee First Argument & Anthony Request for Hearing.W/Certificate of Svc ML20216D3641987-06-16016 June 1987 NRC Staff Response to Licensee Answer in Opposition to Request for Hearing & Leave to Intervene by Air & Water Pollution Patrol.* ASLB Should Reject Licensee First Argument & Anthony Request for Hearing.W/Certificate of Svc ML20215D9491987-06-0808 June 1987 Intervenor Rl Anthony Response to ASLB Order of 870522.* Licensee Position Mistaken Both in Relation to Correctness of Petition to Intervene & as to Intent of Citizen Participation Specified in NEPA & Aea.Served on 870616 ML20214W5531987-06-0202 June 1987 Response Opposing Util Request for Legal Loopholes to Prevent Groups w/long-term Commitment to Insure Licensee Does Better Job Abiding Rules Re Public Safety ML20214G6271987-05-19019 May 1987 Commonwealth of PA Opposition to Graterford Inmates Petition for Review of ALAB-863.* Graterford Inmates Failed to Prove That Aslab Decision Erroneous W/Respect to Important Question of Fact,Policy or Law.W/Certificate of Svc ML20214A9491987-05-18018 May 1987 NRC Staff Answer in Opposition to Petition for Review of Inmates of State Correctional Inst at Graterford.* Inmates Failed to Establish That Issues Raised Re ALAB-863 Warrant Review.Commission Should Deny Review.W/Certificate of Svc ML20210C1011987-05-0404 May 1987 Petition for Review.* Review of Aslab 870417 Decision ALAB-836 Requested to Determine If Reasonable Assurances Given That Sufficient Manpower Will Be Mobilized in Event of Evacuation.Certificate of Svc Encl ML20212K5141987-01-23023 January 1987 Response of NRC Staff in Opposition to Graterford Inmates Appeal of Licensing Board Suppl to Fourth Partial Initial Decision.* Certificate of Svc Encl ML20207P9441987-01-12012 January 1987 Commonwealth of PA Brief in Opposition to Appeal by Graterford Inmates of Suppl to Fourth Partial Initial Decision:Preliminary Statement.* W/Certificate of Svc 1993-10-22
[Table view] |
Text
00CKETE0 UShRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '84 JAN 23 Pl2:05 Before the Atomic Safety and Licensing Board y , ,
CCCF.I.T1rd; a 30.- .
In the Matter of ) nancy '
)
Philadelphia Electric Company ) Docket Nos. 50-352
) 50-353 (Limerick Generating Station, )
Units 1 and 2) )
APPLICANT'S ANSWER TO "INTERVENOR LEWIS' MOTIONS BASED ON NEWLY RECEIVED INFORMATION" On December 27, 1983, Applicant received "Intervenor Le,is' Motions Based On Newly Received Information" in which Mr. Marvin Lewis moved. for (1) reconsideration of the decision by the Atomic Safety and Licensing Board ("Licens-ing Board" or " Board") granting the motion by Philadelphia Electric Company (" Applicant") for summary disposition of Contention I-62, relating to pressurized thermal shock,1/
(2) admission of new (but unstated) contentions, (3) certi-fication to the Commission of a question, (4) clarification to the Appeal Board that Contention I-62 is a " major part" 1/' Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2) , Docket Nos. 50-352-OL and 50-353-OL, " Memorandum and Order Granting Applicant's Motion for Summary Disposition of Contention I-62" (November 15, 1983). A previous motion to reconsider had been denied by the Licensing Board. Limerick, supra, " Memorandum and Order Denying Intervenor's Motion for Reconsideration of Memorandum and Order Granting Applicant's Motion for Summary Disposition of Contention I-62" (December 7, 1983).
8401240174 840120 PDR ADOCK 05000352 0 PDR
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of this hearing',.and (5) "[alny and all other contentions, motions and appeals that may properly preserve Intervenor's rights on this record."S! On January 9, 1984, the' Atomic Safety and Licensing Board requested- an answer to this pleading (Tr. b919) . y As a basis fori his various motions, Mr. Lewis relies upon two reports which were prepared by General Electric Company on behalf ~of the Applicant, and submitted to the NRC
~
Staff in response to its requests.- Neither of these studies has any relationship to the analysis of pressurized thermal shock (" PTS"), nor does either provide a basis for the-requested relief.
The purpose of the first report, Common Sen'sor Failure Evaluation Report (August 1983), as stated at p,ge one was to assure that:
Chapter 15 [of the - Limerick FSAR, entitled " Accident Analysis"] analyses bound any occurrence that ' could result from the failure of a common instrument line, defined as'a 'line- to which ,are attached sensors for more than one control system.
A failure of-a common instrument line will not defeat.the required separation between control and protection systems, nor the redundancy of any protection system.
/
2_/ Intervenor Lewis' Motions..' Based on Newly- Received Information at 1, 4 (undated) (" Lewis's Motions").
3/ By letter dated December 14, 1983ffrom Applicant to the NRC, the' two reports were served on the Board and parties.
e
This report concluded at page one:
This report, which supplements existing Chapter 15 transient analyses, documents an evaluation of the Limerick Generating Station for common sensor failures. No new transients have been identified as a result of this study. All the analyzed consequences of common instrument failures are bounded by FSAR Chapter 15 analyses. In addition, this analysis has determined that neither the required redundancy of the protection systems nor the required separation between the control and protection systems could be defeated by a failed common instrument line.
The second report, Control Systems Failures Evaluation Report (September 1983), states at page one the following objectives:
Perform an analysis in response to the NRC concern that the failures of power sources which provide power- or elec-trical signals to. _ multiple control systems could result in consequences outside the bounds of the Limerick Final Safety Analysis Report (FSAR) Chapter 15 analyses and beyond the capability of operators or safety systems.
Provide a positive demonstration that adequate review and analysis has been performed to ensure that despite such -
failure the Limerick FSAR Chapter 15 analyses are bounding, and no conse-quence beyond the capability of opera-tors or eafety systems would result.
This report concluded at page one:
The information contained herein, supplemented by the existing FSAR Chapter 15 transient analysis, documents an evaluation of the Limerick Generating Station for system interaction by electrical means. The conclusion of this evaluation is that previously reported limits of minimum critical power ratio (MCPR) , peak vessel and main
(
_ _ _ _ _ _ _ _ _ _ _ _ _ _ . - - 1
- s. .
o steamline pressures, and peak fuel cladding temperature for the expected
-operational occurrence category of events would not be exceeded as a result of common power source failures.
Although transient category events have been postulated as a result of this study, the net effects have been posi-tively determined to be less severe than those of the original, conservative, Chapter 15 events.
Thus, neither report constitutes new information inasmuch as each is unrelated to-PTS and they merely confirm transient analyses contained in the Limerick Final Safety Analysis Report ("FSAR").
Mr. Lewis attempts to insinuate the issue of PTS, however, by criticizing these reports for not analyzing some undefined PTS events. His discussion of these two reports is oblique and extremely difficult to follow. He selective-ly intermixes portions of the reports with his own unsub-stantiated assumptions and hypotheses to attempt to justify his position. Mr. Lewis fails to demonstrate, in any case, that the assumptiona and methodology of the two reports are not appropriate for their purpose. Significantly, he fails to describe any specific mechanisn for the occurrence of a PTS event more severe than already considered by the Board for the Limerick Generating Station even given a hypothet-ical failure of a control system or a common bus failure.O 4/ For example, Mr. Lewis fails to explain by what mechanism the primary system could "become solid" under conditions which could lead to PTS.
o i
In his Example 1, Mr. Lewis asserts that the Board somehow erred in accepting a limiting case of a 12.5 psi pressure rise during a control rod drop accident. After reciting a number of seemingly unrelated items from the report and concluding without explanation that "the same situation can occur at Limerick that has occurred during the accident at TMI #2,"5I Mr. Lewis claims he has demonstrated that the General Electric reports " provide several reasons to reject the staff's acceptance of a 12.5 psi pressure rise during a rod drop accident."6/ Mr. Lewis's " analysis" is completely lacking in specificity and bases and provides no support for his conclusion.7/
His Example 2 is equally deficient. Mr. Lewis recites a statement from one report that a " break in this line
[ Instrument Lines 6 and 7] will cause an increase in feedwater flow." ! As Mr. Lewis acknowledges, however, the report then states that even without operator inter-vention, this would lead to a high water level scram which would terminate reactor operation. Mr. Lewis fails to tie
.this fact to the occurrence of a PTS event or to any reason 5/ Lewis's Motions at 2.
6/ Id.
7/ For example, he provides no factual basis for his supposition that valves are " tied down" nor any credible series of events leading to PTS.
8/ Lewis's Motions at 3.
why the Staff's analysis regarding a rod drop accident should be discounted.
Mr. Lewis's Example 3 apparently involves some long term event which Mr. Lewis postulates would flood the entire containment. There is absolutely no mechanism discussed by Mr. Lewis for such " external flooding" of the entire primary system.9/
It is similarly unclear.how the IE Information Notice No. 83-82 supports the proposition that the primary system of a reactor such as Limerick could become filled with water so as to possibly create a situation where PTS could occur.
While that Information Notice discussed drift in valve setpoints, the safety relief valves at the facility under discussion in the Information Notice ultimately did function. It should be noted that this Information Notice required no specific action or response by applicants or licensees.' Mr. Lewis points to no design deficiency at the Limerick Generating Station related to safety relief valve operation. Thus, Mr. Lewis has failed to demonstrate that the Board was incorrect in its rulings on the PTS issue or that subsequent developments should cause the Board to reopen or reconsider its decision.
9/ Mr. Lewis has not even identified the system and the source of water to flood the vessel let alone discuss failures which must occur to cause such flooding.
I
_ . _ _ . _ _ _ l
i Although Mr. Lewis has requested the Licensing Board to
" reconsider" its decision granting Applicant's motion for summary disposition of Contention I-62, the- request is clearly not one for reconsideration. A motion to reconsider "should be associated with requests-for re-evaluation of an order in light of an elaboration upon, or refinement of, i
arguments previously advanced."10 Moreover, as a request for reconsideration, Mr. Lewis's motion was filed too late.
Inasmuch as Mr.. Lewis requests the Licensing Board to consider new documents not previously within the record, his motion is actually one to reopen the record.11/
Under the test for reopening enunciated in Kansas Gas and Electric Company (Wolf Creek Generating Station, Unit No. 1) , ALAB-462, 7 NRC 320, 338 (1978), a party must satisfy three separate criteria: (1) that the motion be
" timely presented"; (2) that it be " addressed to a signifi-cant safety or environmental issue"; (3) that it "be estab-lished that 'a different result would have been reached
- 10) Central Electric Power Cooperative, Inc. (Virgil C. '
Suraner Nuclear Station, Unit No. 1), CLI-81-26, 14 NRC 787, 790 (1981).
1_lj See, e.g., Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 & 2), ALAB-644, 13 NRC 903, 994-95 (1981).
1
_ _ _ _ . _ I
P initially had [the material submitted in support of the motion] been considered.'"N Mr. Lewis has discussed none of these criteria, which weighs heavily against a finding in his favor.13/ Even so, it is apparent that, as previously discussed, the reports cited by Mr. Lewis are not "new information," are irrelevant to PTS and hence unrelated to any significant safety issue raised by Mr. Lewis, and therefore could not have affected the summary disposition of Contention I-62.
With regard to Mr. Lewis's assertion that "his discov-ery rights were abridged"EI because the General Electric reports were not provided to him during discovery on Con-tention I-62, Applicant notes that Mr. Lewis never requested such reports, even liberally construing his discovery requests.15/ To summarize the discovery requests relating to Contention I-62, presumably on Mr. Lewis' bahalf, Mr.
l_2_/ The Wolf Creek test was approved by the Commission in Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), CLI-81-5, 13 NRC 361, 363 (1981), and was reiterated in Louisiana Pcwer & Light Company (Waterford Steam Electric Station, Unit 3),
ALAB-753, 18 NRC (December 9, 1983).
M/ See Limerick, supra, " Memorandum and Order Denying Del-Aware's Motion to Reopen the Record" (June 1, 1983), slip op. at 7-8.
M/ Lewis's Motion at 1.
l_5 / The opportunity to request discovery terminated on August 1, 1983. Limerick, supra, " Memorandum and Order Confirming Schedules Established During Prehearing Conference" (slip op. at 2) (May 16, 1983).
t Romano requested studies relating to neutron flux during informal discovery.16/ In addition, Mr. Lewis has propounded three sets of discovery requests,17/ none of which pertains to the General Electric reports confirming the Limerick FSAR transient analysis.
The remaining requests for relief by Mr. Lewis may be summarily denied. With regard to his suggestion that the Board allow new contentions based upon new material when it "surfacee," such an anticipatory ruling is clearly impermissible.18/ Mr. Lewis also requests certification of the Board's decision on I 'S , but has failed to discuss the criteria for certification under 10 C.F.R. 52.718(i) and has, in any event, failed to show that the grant of summary M/ Letter to T.B. Conner, Jr. from F. R. Romano, Enclosure 3 (September 3, 1982).
17/ Intervenor Lewis's First Set of Interrogatories on PTS Contention (May 19, 1983); Second Round of Interrogatories in the Limerick Operating Licensing Hearings (July 13, 1983); Intervenor Lewis's Third and Final Set of Interrogatories to the NRC Staff and Licensee (August 1, 1983).
M/ Moreover, this Board has no responsibility to assist intervenors in preparing valid contentions, even assuming that a relevant basis exists. See generally Carolina Power and Light Company (H.B. Robinson Steam Electric Plant, Unit 2), Docket No. 50-261-OLA,
" Memorandum and Order (Report on Special Prehearing Conference Held Pursuant to 10 CFR 2.751a)" (April 12, 1983) (slip op, at 4); Texas Utilities Generating Company (Comanche Peak Steam Electric Station, Units 1 and 2), Docket Nos. 50-445 and 50-446 " Rulings on Objections to Board's Order of June 16, 1980 and on Miscellaneous Motions" (October 31, 1980) islip op. at
- 7) .
4 disposition threatens intervenor with "immediate and serious irreparable impact which, as a practical matter, could not be alleviated by a later appeal" or affects "the basic of the proceeding in a pervasive or unusual structure appeals are strongly disfa-manner."E Interlocutory voredE and interlocutory review of summary disposition orders is inappropriate in particular.21/ Moreover, as merely one of a great many safety contentions, summary disposition of Contention I-62 does not constitute com-22/
pletion of a major segment of the case.- Finally, the Licensing Board has no responsibility or general mandate to render an advisory opinion to intervenor as regards his procedural rights.
(Marble Hill M/ Public Service Company of Indiana, Inc.
Nuclear Generating Station, Units 1 and 2), ALAB-405, 5 NRC 1190, 1192 (1977).
Public Service Company (Palo Verde Nuclear 20/ Arizona Generating Station, Units 2 and 3) , ALAB-742, at 5);
18 NRC Virginia (September 19, 1983) (slip op, Electric and Power Company (North Anna Power Station, Uitits 1 and 2), ALAB-741, 18 NRC (September 15, 1983) (slip op at 5).
M/ Cleveland Electric Illuminating Company (Perry Nuclear Power Plant, Units 1 and 2), ALAB-736, 18 NRC 165, 166 n.1 (August 24, 1983); Public Service Company of New '
Hampshire (Seabrook Station, Units 1 and 2), ALAB-734, l Pennsylvania Power &
18 NRC 11, 14-15 (1983). C_f .
Light Company (Susquehanna Steam Electric Station, and 2), ALAB-641, 13 NRC 550 (1981)
Units 1 (certification denied for order denying partial summary disposition) .
Illuminating Company 22/ See, e.g., Cleveland Electric (Footnote Continued) f
)
1 1
.S.
For the foregoing reasons, intervenor Lewis's motions should be denied in each and every respect.
Respectfully submitted, CONNER & WETTERHAHN, P.C.
Mark J. Wetterhahn Counsel for the Applicant January 20, 1984 (Footnote Continued)
(Perry Nuclear Power Flant, Units 1 and 2), Docket Nos.
50-440-OL and 50-441-OL, " Memorandum and Order" (September 13, 1983).
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