ML20087F501

Appeal Opposing Dismissal of Anthony/Friends of the Earth Contention on Util Application to Store Nuclear Fuel Outdoors & ASLB Denial of Immediate Stay on Moving Fuel

ML20087F501
Person / Time
Site:	Limerick
Issue date:	03/13/1984
From:	Anthony R ANTHONY, R.L., FRIENDS OF THE EARTH
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20087F504	List: ML20087F501 ML20087F526 ML20087F539
References
NUDOCS 8403190132
Download: ML20087F501 (1)

Text

- 'Y , U.S. NUCLEAR REOULATORY C0YMISSION. . ATOMIC SAFETY AND LICENSING APPEAL PANEL RE: Philad31phia Electric Co. 90CALT F 50'352, 50- 353 Limerick Nuclear Generating Station Unita 1 & 2.

March 13, (JD TO JUDGE CHRISTINE KOHL and APPEAL PANEL:

APPEAL FROM.THE DISMISSAL OF ANTHONY / FRIENDS OF THE EARTH b5Th $ [gN N NEW MATTER, '

SLB Pn1La.E.EC'sAPPLICATIONTOSTORENUCLEARFUEL(70-298SMANDDENIAL BOARD, CHAIRMAN L. BRENNER, OF AN IMYEDIATE STAY OF FUEL $ Chb 4kilEARTMG,PHI rWm. 1 Robert L. Anthony and Friends or the Earth in the Delaware Valley file thiar appeal ne an intervenor in the Limerick Operating License proceeding. As soon as ce received a copy of Phila.Elec.'s application to store nuclear fuel outdoors at _

the Limerick site on 2'/23/84 (to start 3/5/84) we filalan application with, the ASLB Board for a contention on new. matter .-(copy enclosed'also Addition to Appl.)

The ASLB Board convened in Philadelphia on 3/6/84 and considered this new contention. On 3/6/84 Judge Brenner issued a verbal order for the Board rejecting our contention,and a further verbal order refusing our verbal request for an im-mediate stay on moving nuclear fuel to the Limerick site.

We petition the Appeal Panel to reverse both of these orders since our vital interests as an intervenor,es well as the interests,heilth,and safety of all the residents of the Philadelphia metropolitan area, are in darger from the moving and storage outdoors of nuclear fuel at the site. In our argument before tne Board we pointed out the pendancy of hearings as to the structural integrity of the safe-ty related facilities, NRC refusal to certify the overhead crane (NRC Tech. Eval.

2/6/84 p.16 (A) and table 31 (enclosed) ), and several other vital safety matters as summarized in our Application and Addition. Further,we raised the potential hazard to the coc:munity from release of enriched uranium oxide to the air sud water in the event of an airplane crash, or railroad explosion with crushing and rupture end burning of the stacked fuel rods. Judge 3renner ordered affidavits on this hazard by 3/20/84 and 3/27. This has no effect on the Board's orders vs. contention and stay.

Since we serve as a citizens' intervenor we are not provided with copies of the hearing transcripts and we cannot afford to buy. We apologize for not provi-( ding citations from the record. The transcripts will not be available to us in the Phila.Public Library for about two weeks. Because of our lack of legal train-ing.as alay, " pro se" intervenor we are not sure of the required s'teps and trust that you will understand that. To protect our rights ,

. . .m .

.se ask that you act m quickly as pos-sible since the crisis is immediate.Phila.El 9. says it plans to ship fuel 3/20/84.

cc: ASLB Judges L.Brenner,R.F. Cole,P.A.Morri Respectfully yours, NRC stnff,Phila.Elec., City Phila.,Commonw.Pe . . :. . , R. eda.+(~L.

Docketing and Serv.oac t B'4'd $3EB40$ig

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