ML20138K909

Expresses Concern Re Author Right to Take Part in 851204 Hearing Concerning Util Motion for Exemption to Requirements of 10CFR50.47(a) & (B).Served on 851218

ML20138K909
Person / Time
Site:	Limerick
Issue date:	12/06/1985
From:	Romano F AIR AND WATER POLLUTION PATROL
To:	Palladino N NRC COMMISSION (OCM)
Shared Package
ML20138K914	List: ML20138K909 ML20138K921
References
CON-#485-522 OL, NUDOCS 8512190110
Download: ML20138K909 (2)

Text

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AIR and WATER SERVED DEC181985 Pollution Patrol BROAD AXE, PA. Dec. 6, 1985p

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f U. S. Nuclear Regulatory Commission Washington, D.C. 20555 '85 En 17 p5:08 Attn: Dr. Nunzio J. Pallidino

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Dear Commissioners:

On December 4, 1985 The Montgomery County Air and Water Pollution Patrol, a Pennsylvania Incorporated Group, was de-nied its due right to take part in oral argument re Philadel-phia Electric Company's Docket Nos 50-352, 50-353, by Judge Christine Kohl at Bethesda re P.E.'s motion before the ASLB for an exemption to the requirements of 10 C.F.R. 50.47(a)and (b) to permit operation of the Limerick Generating Station at power levels greater than 5% without full consideration regarding the assurance of adequacy of emergency response readiness for the inmates of the State Correctional Establishment at Graterford.

Our group, through its Chairman, Frank R. Romano timely sent its notice of Appeal and Brief in support of the Graterford inmates' right for a full hearing with witnesses and cross exam-ination.

On November 7, 1985 AWPP answered the Licensing Appeal Board's query by indicating Frank R. Romano would represent Air and Water Pollution Patrol. AWPP also indicated that because of recuringi illness Frank R. Romano could need a substitute. Order of presentation had AWPP scheduled in the second spot 45 minutes after the 2 o' clock meeting stsrted. Mr. Romano arrived at the basement floor parking garage of the East-West Towers building at 1:41 for the 2 o' clock meeting as is indicated on enclosed copy of time stamped ticked.

Because of Mr. Romano's condition, after 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of driving, and the time lost in finding a key to the rest room as they are locked in the East-West Towers Mr. Romano arrived in the hearing room at approximately 2:10. In as much as Mr. Romano was not to speak until 2:45pm (1st speaker was Mr. Love, who was alloted 45 h

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s AIR and WATER Pollution Patrol BROAD AXE, PA.

(2) 3 minutes starting at 2 o' clock).

I happened to be seated near MS. Ann Hodgden, Nuclear Regula-tory Commission Counsel who instructed me that as soon as Mr. Love, Counsel for the Graterford Inmates completed his argument, I was to notify Judge Kohl of my readiness to testify. Judge Kohl without conferring with the other two judges, harshly told me to sit down.

She said firstly, I was late, and secondly she had not received notice from AWPP that I would be present. She would not let me explain there must be a mistake but told me to sit down.

Enclosed is a copy of the stamped parking ticket and the no-tice that Mr. Romano would take part.

Our argument had important facts related to safety of the public like the fact that Montgomery Hospital forced PECO to agree to set up a complete radiation checking system, including a consul-tant, procedures, and equipment, indications just the opposite of what PECO's witness Dr. Hinneman testified to as to capability and readiness of Montgomery Hospital. More important is the loophole lack of assurance of safety, which the repeated denial of consid-eration, felt by prisioners (re Cell Block E) could be used by certain prisioners to mobilize a riot with an escape blamed on see-king their own survival. Under such conditions prisioners who might otherwise cooperate would not chance death at the hands of despar-ate prisoners. No study or concern was given to this plausible fa-cet and how it could subject the public to a threat the NRC has no right to permit under threat of itself becoming an accessary to the fact.

The safety of the public crys out for a full hearing to insure the NRC does not jeopardize the public by permitting PECO to go in-to profitable nuclear reactor operation. '

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Very truly yours,

_AIb W. POLLUTION PATROL

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Fran R. Romano, Chairman

Enclosure:

Validated parking ticket; Letter to Appeal Panel

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