ML20094D459

Motion to Strike Air & Water Pollution Patrol (Awpp) Pleading & Reply to Awpp Motion Re Contention VI-1.Motion Filed Late & W/O Basis.Certificate of Svc Encl

ML20094D459
Person / Time
Site:	Limerick
Issue date:	08/07/1984
From:	Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
OL, NUDOCS 8408080404
Download: ML20094D459 (7)

Text

-

s$.hgu; 'a - , _>

y,' v ,,

.N- ..

g

~

-UNITED STATES OF AMERICA

. NUCLEAR REGULATORY. COMMISSION uh'fD '

Before the Atomic Safety and Licensing Board

'84 gg,g AIO l30

, In-the Matter of. ) hh;$[dNEC' N ( 7)

Philadelphia Electric Company ) Docket Nos. 50-3520L

) 50-353 O L m w(Limericx-G(nerating Station, )

7-Units 1.and 2) )

APPLICANT'S MOTION TO STRIKE AWPP PLEADING AND REPLY TO AWPP MOTION RELATING TO CONTENTION VI-1 On' July 25, 1984, intervenor Air and Water Pollution Patrol filed "AWPP (Romano) Response to NRC Staff Response Regarding Gross Alpha Contention by AWPP."1! To the extent

.it. purports to-be a reply to Staff and Applicant's answers to "New AWPP (Romano) Contention Re Gross Alpha (June 26,

, - 19 8 4) , " it is _ prohibited by 10 C.F.R. S2.730 (c) . 2_/ g, ,

prohibited pleading, it should be stricken.3_/

-1/ While the cover letter purports to have served "the latest ' service list," presumably on the date of the letter July 25, 1984, Applicant only received a copy on July 30, 1984 which had been sent on July 27, 1984 via Express Mail.

c. 2/

~

The Detroit Edison Company (Enrico Fermi Atomic Plant,

'E Unit 2) , ALAB-4 69, 7 NRC 470, 471 (1978).

3/- Id.

840 404 840007

~

J D

}' PNtA K 05000352 \

Q PDR

7.; =

35

-

On - page 4'of its -pleading, AWPP moves the Board to

require the Applicant and Staff "be made to explain" an item in.ran attachment.to an April 18, 1984 memorandum to the NRC LCommissioners from Darrell Eisenhut, Director, Division of

-Licensing, Office of Nuclear Reactor Regulation. Applicant opposes- the motion as being late and entirely without

~

besis.O

--2 7 - ~~

42 Initially, any request for the Board to consider any matter: contained in Board Notification No.84-049 is manifestly. late inasmuch as this document was served on the

. parties in April. AWPP has failed to show good cause as to why it-waited 315 months before bringing this matter to the attention of the Licensing Board. In any event, the subject of Board Notification' No.84-049 is Limerick welder qualification. Item 4 on page 6 of Enclosure. 3 to this memorandum is not addressed in this Board notification; it

", only incidently happened to be discussed on the same page of

.the inspection report as Item 5, involving welder testing and training, which was the subject of the memorandum. Item 4 was a matter discovered by Applicant's quality assurance organisation and was made an unresolved item for the NRC inspector to review Applicant's evcluation and corrective

' action.

^

~

4/ -The Appeal Board has held that no affirmative relief may be requested in a pleading unless the title (Footnote Continued)

• ==

h r The pages in question are from Inspection Report 352/83-08 and 353/83-05 which was dated June 29, 1983. Mr.

Romano was given this inspection report as part of discovery g

on November 1, 1983 (Discovery 14). Thus, AWPP has had access to this document for over 8 months and faces an almost insurmountable task in showing why he did not raise this matter as one of the specific incidents supporting Contention VI-1. - AWPP has not even addressed this point in its pleading.

If treated as a late-filed contention, AWPP has failed to address the criteria, let alone meet his burden to affirmatively demonstrate that he has met the critoria, contained in 10 C.F.R. 52.714 for acceptance of late-filed contentions. See Applicant's Answer to New Proposed Contention by Air & Water Pollution Patrol relating to

" Gross Alpha" (July 10, 1984) at 2-6. There is absolutely 5 no showing of good cause to justify the late filing. AWPP has shown no real ability to assist the Board in the litigation of this matter which, if accepted, would lead to significant delays in this proceeding.

(Footnote Continued) reflects such request. Duke Power Company (Chorokoo Nuclear Station, Units 1, 2 and 3), ALAB-457, 7 NRC 70, 71 (1978).

5/ If AWPP's pleading is treated as a motion to reopen the record, it does not oven address the critoria for granting such relief. Soo, e.g., Applicant's Answer to Request by Dol-Aware Unlimited, Inc. to Set Asido tho (Footnoto Continued)

[.

t The matter concerning Inspection Report 352/76-09-03 dated October 15, 1976 is some 8 years old.1I It involves voids in the concreto surrounding the containment liner and welding performed on the drywell liner to effect inspection and bears no relationship to welding to the reactor vessel, the subject of Item 4 of Inspection Report 352/83-08. In any event, the Board has previously denied a contention relating to this matter.1! No reason to change the uoard's previous ruling has boon given.

For the above stated reasons, the pleading should be stricken and the motion concerning Contention VI-l should be denied.

Respectfully submitted, CONNER & WETTERllAllN, P.C.

Mark J. Wotterhahn Counsel for Applicant h August 7, 1984 (Footnoto Continued)

Partial Initial Decision on Supplomontary Cooling Water System Contentions at 7-14 (May 30, 1984). Judged by thoso standards, the instant motion must fail.

g 6/ AWPP pursued discovery concerning this mattor as far d back as September 3, 1982 (soo Itom 2 of lotter from Frank Romano to Troy D. Connor, Jr. and April 6, 1983 k lottor from Mark J. Wotterhahn to Frank R. Romano (Discovery 6)).

7/ Son Tr. 4911-12 (October 18, 1983) and Memorandum and

~

order Confirming Rulings Mado at Prohonring Conforonco (October 28, 1983) (slip op. at 6).

s

m k

?

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

)

In the Matter of )

R )

h Philadelphia Electric Company ) Docket Nos. 50-352 s ) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

3 CERTIFICATE OF SERVICE

', I hereby certify that copies of " Applicant's Motion to

.I Striko AWPP Pleading and Reply to AWPP Motion Relating to Contention VI-1" dated August 7, 1984 in the captioned 3 ,

matter have been served upon the following by deposit in the D;

United States mail this 7th day of August, 1984:

Lawrence Brenner, Esq. (2) Atomic Safety and Licensing

.,.. Atomic Safety and Licensing Appeal Panel Board U.S. Nuclear Regulatory (1 , U.S. Nuclear Regulatory Commission y Commission Washington, D.C. 20555 Washington, D.C. 20555 Docketing and Servico Section Dr. Richard F. Cole Offico of the Secretary

) , Atomic Safety and U.S. Nuclear Regulatory l'

Licensing Board commission U.S. Nuclear Regulatory Waanington, D.C. 20555 J Co.nmis sion yq '

Washington, D.C. 20555 Ann P. Ilodgdon, Esq.

R't' r Counsel for NRC Staff Office Dr. Peter A. Morris of the Exocutive Atomic Safety and Legal Director 3

Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 i

l-

}g '

Atomic Safety and Licensing Angus Love, Esq.

Board Panel 107 East Main Street

.U.S. Nuclear Regulatory Norristown, PA 19401

= Commission Washington, D.C. 20555 Robert J. Sugarman, Esq.

Sugarman, Denworth &

Philadelphia Electric CoLpany Hellegers ATTN:. Edward G. Bauer, Jr. 16th Floor, Center Plaza Fc .Vice President & 101 North Broad Street General Counsel Philadelphia, PA 19107 2301 Market Street Philadelphia, PA- 19101. Director, Pennsylvania Emergency Management Agency Mr. Frank R. Romano Basement, Transportation 61 Forest-Avenue and Safety Building Ambler, Pennsylvania 19002 Harrisburg, PA 17120 Mr. Robert L. Anthony Martha W. Bush, Esq.

Friends of the Earth of Kathryn S. Lewis, Esq.

the Delaware Valley City of Philadelphia 106 Vernon Lane, Box 186 Municipal Services Bldg.

- Moylan, Pennsylvania 19065 15th and JFK Blvd.

Philadelphia, PA 19107

- Charles W. Elliott, Esq.

.Brose and Postwistilo Spence W. Perry, Esq.

-1101, Building Associate General Counsel llth-.& Northampton Streets Federal Emergency Easton, PA 18042 Management Agency 500 C Street, S.W., Rm. 840 Miss Maureen Mulligan Limerick Washington, DC 20472 Ecology Action P.O. Box 761 762 Queen Street Pottstown, PA Thomas Gerusky, Director 19464 Bureau of Radiation Protection

Zori G..Ferkin, Esq. Department of Environmental Assistant Counsel Resources d -Conmonwealth of Pennsylvania 5th Floor, Fulton Bank Bldg.

y,  : Governor's Energy Council Third and Locust Streets bl 11625 N. Front Street Harrisburg, PA 17120 7 Harrisburg, PA 17102

'd1 Jay M.~Gutierrez, Esq.

7g U.S. Nuclear Regulatory -

j. Commission di 631 Park Avenua 3Y . King of Prussia, PA 19406 y

y

• y t7 L

\ ).'

t 5

-j-. , _ _

g. _

3jh ,

l 7 '

.C _l '

A)-

3-A ,

h-)ll4.s J.

r,.cpik:

M- nj J+' James Wiggins

' I lf- . Senior Resident Inspector p{dd 'l U.S.-Nuclear Regulatory 7tM ' s Commission h i.

[P.O. Box 47 y,;_jf, . nf(Sanatoga,:~PA 19464 o-

.- Q* s3 ',; Timothy R.S. Campbell-c f"

Director T .

Department of Emergency

~

'.. ' ' k ,. Services-di- *

[l4 East Biddle Street

. West Chester, PA 19380-1-- . , -

y - . s. ~

,y  ;>-

l .;em- .'

y :. .-p t.

p . .. . e w ;~ -

x. . -

f E., 4 m ,; .- ,

-)

/

Mhtk J. Wetterhahn f

A s

3 r

J<-

t e-

.k I,,'-

bQ . '::

3

.;t-N