ML20101Q797

Motion to Subpoena R Wagenmann to Testify as Township Manager of Upper Merion on Contention LEA-24/FOE-1 as Applied to King of Prussia & Valley Forge Park.Related Correspondence

ML20101Q797
Person / Time
Site:	Limerick
Issue date:	01/03/1985
From:	Anthony R ANTHONY, R.L., FRIENDS OF THE EARTH
To:	Atomic Safety and Licensing Board Panel
References
CON-#185-957 OL, NUDOCS 8501080297
Download: ML20101Q797 (1)

Text

AL c U. S. NUCLSIR EEGULATORY CO$..lS3 ION. . . . . . . . ATOMIC D FETY AND LIC-NSING BOERE ~

Re: PHILA.ELEC. CO. Linerick Gen.Sta. Unito 1 & 2. Docket No. 50-352,353 )

Janue.ry 3,1985 MOTION BY R.L. ANTHONY /F0E TO SUBPOENA RONALD WAGEN?'1HN TO TESTIFY AS TOWNSHIP MANAGER OF UPPER MERION ON OUR CONTENTION LEl-24/F0E-1 AS IT APPLIES TO- EING. ~

OI' PRUSSIA AND VALLEY FORGE PARE,BOTH WITHIN THE TOWMSHIP. _

We ease to the hearing today prepared to cross ~ examine Mr. Wagegasmn.as-e witness whom LEA had served on our behalf to ayyear at 1: ym. Mr.Wagenmann did ~

not ayyear, ati& we were informed by LEA that they had agreed to a rgyulationquith ht n . cp PECe and he had 1 peen .~

informed that he would not have to ayyear. We infirmed the a

B*a rd that we esuld not agree to any stipulation which prevented Mr.Wagenmann from testifying en the substance of our sentention as accepted by the Board (below):

These areas (Valley Ferge Park and King of Prussia,as toAnthony/F0E'scon-tantion) shoul'd either be included in the Emergency Planning Zone or adequate plans for traffie control and direction skeuld be made to avoid adverse effects en the EPZ evacuation.  ;

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There is no way for our case as it relates to the inglusien of King of Prussia

t. k f aWIy tcan5 eleved a in EPZ er traffie control and direction theur,unless semeene whe knowsthe situation _

and has authority, testifies before the Board and the specifie details are recorded ,

in the transcript. Without this our contention will have been arbitrarily elesed out without a hearing and the reeerd will be incomplete. InYa' written request to the Upper Merien Board of Supervisers we .7 asked the" supervisors to testify and to authorize Mr.Wagenmann-to reyresent the township. It'did not seen yessible for the Supervisers to ayyear but Mr.Wagenmann is available to onswer a subyeena.

We,therefore, request that the Board honor our right to call a witness to our testify en our contention and that witness, Ronald Wagenmann,be issued a subysena to testify en behalf of J.nthony/F0E en Monday 1/7/85at12noener~as,seenthere-after as the Board can arrange. C. . . .

We call the Bo rd's a attention to the Memorandum and Order.of AB, dated 12/14/84 in response to our ayyeal of 12/10/84(y.3) "_1 yarty's eyyertunity for cross-examination is not to be taken lightly; it is an important ingredient of a fair hearing." , 13-further sets forth the basis for review under 10 CFR sec. 2 718 (i)

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and 2 785 (b) (1): (AB12/14/84p.2.) ~

a 1 yarty "either action se' eking a)(review threatens by this the means must showaffected party adversely that ,thewith LicensingimmediateBo rd's and serious irrepar able harm which could not be remedied by a later ayyeal, or (b) affects the A sie structure of the proceeding in a yervasive er unusual manner.n 8501080297 850103 PDR ADOCK 05000352 -

- O PDR We assert that the Board's action today in cutting off the possibility of Mr.Wagenmann testifying en eur behalf en the full extent of our sentention threaten

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us with the less of our contention,which is an" irreparable harm" and prejudices

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our case and"the ba sic strueture of the proceeding".

Res ly,sub itted_,

oc: LB Jugs NHC SfgC D T W a'N ~ S E b g s 1,Decketing Setv.E M N1*'k R"I='"#E W i h "9 N i w