|
---|
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
UtilTED STATES OF Af; ERICA NUCLEAR REGULATORY COM!'ISSI0ft DOC *ETED ust.3C BEFO:E THE ATCMIC SAFETY Al;D LICE!;SII;G APPEAL BOARD
'85 AUS 13 P3:53 In the Matter of ) g77;.;g ,;g gge ,
) 00CKETi!4G & SERVI '
PHILADELPHIA ELECTRIC COMPAfiY ) Docket f!os. 50-352 B" ANCH
) 50-353 (Limerick Generating Station, ) db Units 1 and 2) )
f;RC STAFF'S ANSk'ER TO R. L. arith 0liY/F0E'S PETITION FOR A STAY CF THE LICEi!SIf;G BOARD'S ORDER OF JULY 22, 1985 AUTHORIZIliG THE ISSUAf;CE OF A FULL POWER LICENSE FOR LIMERICK Eenjamin H. Vogler Counsel for liRC Staff fugust 12, 1SE5 8508140348 8508 2
{DR ADOCK 05000352 PDR 392
1
+..
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )
)
PHILADELPHIA ELECTRIC COMPANY ) Docket Nos. 50-352
) 50-353 (Limerick Generating Station,- )
Units 1 and 2) )
NRC STAFF'S ANSWER TO R. L. ANTHONY /F0E'S PETITION FOR A STAY OF THE LICENSING BOARD'S ORDER OF JULY 22, 1985 AUTHORIZING THE ISSUANCE OF A FULL POWER LICENSE FOR LIMERICK I. INTRODUCTION On August 1, 1985 R. L. Anthony /F0E petitioned the Appeal Board for an immediate stay of the Licensing Board's Fourth Partial Initial Deci-
,-sion, which authorized the issuance of a full pcwer license for Limerick Units 1 and 2. On August 6, 1985 the Appeal Board directed that all replies to the Anthony /F0E motion should be received no later than the close of business (5:00 p.m.) August 12, 1985. S/ or F the reasons set forth below, the NRC staff (Staff) opposes the Anthony /F0E (F0E) petition for a stay. ,
II. BACKGROUND On July 22, 1985 the Atomic Safety and Licensing Board issued its Fourth Partial Initial Decision in this proceeding. This Partial Initial If Philadelphia Electric Company (Linerick Generating Statien, Units 1 and 2), Order (unpublished), (August 6, 1985).
Decision (PID) relates to the offsite emergency planning contentions of the inmates of the State Correctional Institution at Graterford. All of the other emergency planning contentions raised in this proceeding were considered and disposed of in the Licensing Board's Third Partial Initial Decision. .LBP-85-14, 21 NRC (May 2, 1985). Appeals from the Licens-ing Board's Third PID are now pending. In its Fourth PID, the Licensing Board resolved in favor of the Applicant the two admitted contentions raised by the inmates at Graterford. The decision also authorized the Director of Nuclear Reactor Regulation "to issue a full power operating
- license for the Limerick Generating Station, Units 1 and 2, consistent with the Board's decisions in this case and upon making requisite find-ings with respect to matters not embraced in the Third Partial Initial
. Decision on Offsite Emergency Planning or in this decision." PID at 25. 2/
III. DISCUSSI0t1 The requirements for determining whether to grant or deny a stay are In deciding whether a petitioner contained in 10 C.F.R. ! 2.788(e). U
-2/ After being briefed on the uncontested issues, the Commission in a Memorandum and Order, dated August 8, 1985, determined, pursuant to 10 C.F.R. 5 2.764, that a stay of the effectiveness of the Fourth CLI-85-15, 22 NRC (August 8, 1985).
PID was not warranted.
3/ 10 C.F.R. 5 2.788(e) states:
(e) In determining whether to grant or deny an applica-tion for a stay, the Commission, Atcmic Safety and Li-(FOOTNOTE CONTINUED ON NEXT PAGE) o
_.. ~ .
has satisfied the criteria of 10 C.F.R. $ 2.788(e), it must be recognized that:
The burden of persuasion on these. factors rests on the moving party.. While no single factor is dispositive, the most cru-cial is whether irreparable injury will be incurred by.the movant absent a stay. To meet the standard of making a strong showing that it is likely to prevail on the merits of its appeal, the movant must do more than merely establish possible grounds for appeal. In addition, an " overwhelming showing of likelihood of success on the merits" is necessary to obtain a stay where the showing on the other three factors is weak.
' Alabama Power Company (Joseph M. Farley Nuclear Plant, Units 1 and 2),
CLI-81-27,14 HRC 795, 797 (1981) (footnotes omitted); see also, Public Service Company of Indiana, Inc. (Marble Hill Nuclear Generating Station, Units 1 ano 2), ALAB-437, 6 NRC 630, 632 (1977); Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), ALAB-789, 20 NRC l
(FOOTNOTE CONTINUED FR0f1 PREVIOUS PAGE) censing Appeal Board, or presiding officer will consider:
(1) Whether the moving party has cade a strong showing that it is likely to prevail en the merits; (2) Whether the party will be irreparably injured un-less a stay is granted; (3) Whether the granting of a stay would harm other parties; and (4) Where the public interest lies.
4 1443, 1446 (1984). The Staff will address each of the four factors found in10C.F.R.s2.788(e) inturn.S/
- 1. Likelihood of Prevailina on the Merits In its first paragraph, captioned " Strong Showing On the Mer-its", F0E asserts -- without any citations to the record -- that the Fcurth PID is " legally flawed" in that it did not ccnsider the require-ments of 44 C.F.R. ! 350.7(b) which provide that:
The exact size and configuration of the EPZs surrcunding a particular nuclear power plant facility shall be determined by State and local goverr.ments in consultation with FEMA Specifically, F0E asserts that " FEMA disclaimed any connection with set-ting up the EPZ [and that] [t]he wording above 'shall be determined' does not allow any exception to this by FEMA or NRC." Petition at 1. F0E further asserts that [the above regulation] is a requirement in offsite planning [and] [i]n neither the 4th or the 3rd PID did [the Licensing Board] consider this, making both decisions flawed." Id. h'e cannot agree.
Unlike the regulation of the Federal Emergency Management Agen-cy cited above by F0E, the regulations of the NRC regarding the estab-lishment of the Emergency Planning Zone (EPZ) do not contain the express requiren,ent for " consultation with FEMA". See e.g., 10 C.F.R.
!! 50.33(g), 50.47(c)(2), Part 50, Appendix E. Hewever, under the Com-4/ In addressing F0E's request for a stay of the Fourth PID cn the merits, the Staff does not suggest that F0E has standing to appeal the findings and conclusions of the Fourth PID with respect to the Graterford Ir. nates. F0E's standing in this regard will be addressed by the Staff in its response to the appeals from the Fourth PID.
I i
L_.
mission's regulations (10 C.F.R. S 50.33(g)) the Applicant for a nuclear pcwer reactor must " submit radiological emergency response plans of State and local governmental entities . . . that are wholly or partially within the plume exposure pathway Emergency Planning Zone (EPZ) . . . ." The regulation further states that "[g]enerally, the plume exposure pathway EPZ for nuclear power reactors shall consist of an area about 10 miles (16 km) in radius [but that] [t]he exact size and configuration of the EPZs surrounding a particular nuclear power reactor shall be determined in relation to the local emergency response needs and capabilities Id. Upon receipt of the offsite emergency plans, the Memoran-dum of Understanding entered into between the NRC and FEMA provides that the plans will then be reviewed by FEMA for their acequacy. 50 Fed.
Reg. 154E5 (1985).
In the present proceeding, FEKA has testified that as part of this review, FEMA's Regional Assistance Committee has reviewed the EPZ developed for the Limerick facility and has no reason to believe that it is not appropriately drawn. See, Tr. 20,233-234; 20,242-243; 20,246; 20,287; 20,293-294 Thus, the cooperative effort sought by F0E has in fact occurred, and F0E's concern that FEMA has not fully perforced its responsibilities regarding the establishment of the EPZ is without merit. E/
5/ F0E also asserts that "[w]e are certain that we will prevail on our appcal to the Director, FEMA, of 6/25/85 and that the Director will withdraw FEMA approval of emergency plans fcr the whole EPZ and Graterford." Fetition at 1. While we, of course, do not know hcw the Director of FEMA will respond to FCE's appeal, F0E's unsup-ported anticipation, standing alone, does not provide a sufficient basis for a stay of the Licensing Board's decision.
O Similarly, F0E's unsupported belief that it will prevail on its pending appeal of the Licensing Board's denial of its petition to reopen the record in this proceeding provides no basis upon which to grant this present Petition. In its June 4, 1985 decision, the Licensing Board re-jected F0E's motion to reopen the record based on Applicant's Semi-Annual Effluent Release Report and concluded that F0E had "(1) failed to make the showing required of a party seeking to recpen the record; and (2) failed to satisfy the five factors for admission of a late-filed ;
contention and the basis and specificity requirements for admission of a contention." Memorandum and Order at 13. FCE's present argument here, stating only that "[w]e believe that the Board will reverse [the Licens-ing Board's] decision and order the record reopened, making the issuance of a license impossible before the results of a hearing on the matter are issued" (Petition at 1) is neither helpful ner persuasive and provides little to support its " Strong Showing on the flerits."
Finally, F0E asserts that it believes that it will prevail on three other " appeals" which are pending with the !4RC, and thus suggests that such " appeals" provide a basis for grcnting its present petition.
The three matters relied upon by F0E are: (i) a 10 C.F.R. 9 2.206 Peti-tico seeking revocation of the low power cperating license issued to the Limerick facility on October 26, 1984; (ii) an opposition to Applicant's request for an exemption from the requirements of 10 C.F.R. s 50, App. E, IV,F,1; and (iii) an " appeal" to the Comission from the granting of eight exemptions to the Applicant from certain requirements of 10 C.F.R.
Part 50.
t .o .
i.
Contrary to F0E's assertion, none of the above " appeals" provides a basis for the granting cf the present Petition. As to the first " appeal", relied upon by F0E, the Director of Nuclear Reactor Regu-lation issued a decision on July 29, 1985 denying F0E's 2.206 Petition.
DD-85-11, 22 NRC (July 29, 1985). And under the provisions of 10 C.F.R. 5 2.206(c), that Decision will become final action of the Com-mission .in 25 days of its issuance unless the Commission determines to review the Decision within that time. Similarly, as to F0E's opposition to Applicant's request for an exemption from the requirements of 10 C.F.R.
5 50, App. E, IV,F,1, on August 8, 1985 the Commission authorized the issuance of a full power operating license for the Limerick facility
-(CLI-85-15,22NRC (August 8, 1985)) which license granted the re-quested exemption. Finally, with regard to F0E's third " appeal" regard-ing the issuance of eight exemptions to the Applicant frcm certain regulations, the Commission issued an Order on August 8,1985 referring F0E's pleading to the Director of Nuclear Reactor Regulation "for appro-priate action." Order at 1.
l- Thus, while not all of the " appeals" relied upon by F0E have been finally resolved, none of the matters can be viewed as providing any support for the present Petition.
- 2. Irreparable Harm
? ,
This factor is often the most important in determining the need for a stay. 6_/ F0E argues -- again without any support -- that if 6/ Philadelphia Electric Company, (Limerick Generating Station, Units 1 and 2), ALAB-789, 20 NRC 1443 (1984).
l l
k _.
o.
Limerick is licensed it will be irreparably injured because of the danger of accidents, routine releases and financial injury due to losses to the economy. With regard to F0E's allegations concerning the danger from accidents, the Commission recently denied a stay request in Diablo Can-yon, stating that " mere exposure to risk, --- does not constitute irrepa-rable injury if the risk --- is so low as to be remote and speculative.2I In addition, F0E's reasons are so general in nature as to provide no support for its request. Accordingly, F0E has not estab-lished that it will suffer irreparable injury if its request for a stay is denied.
- 3. Harm to other Parties With respect to the question of harm to other parties, F0E alleges "...PECo stockholders will probably be harmed in the short run, but in the lorger run will benefit." Thus, F0E acknowledges that the Applicant's interests will be affected.by the grant of 6 stay even though in the long run it somehow will benefit. As with F0E's treatment of the other factors necessary for a stay, there is no support for_its bare assertions of a long run benefit to the Applicant. Moreover, the Licens-ing Board has authorized the Director of Nuclear Reactor Regulation to issue a full power operation license for Limerick and the Com';ssion has voted to make the Licensing Board's decision immediately effective.
CLI-85-15, 22 NRC (August 8, 1985). A stay at this time, would ad-
~~7/ Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), CLI-85-14, August 1, 1985, slip op. at 5.
'e
_g.
versely impact the Applicant's schedule thereby delaying operation of
- the Limerick facility.
4 The Public Interest F0E makes no persuasive showing on the public interest factor and simply asserts that the public interest lies in avoiding economic set-backs from rate hikes and "PECo instability" if Limerick is licensed.
This is not the first time F0E has put forth this argument in connection with a stay request and the Appeal Board has on previous occasions re-jected it.
In ALAB-7898,/ the' Appeal Board stated:
...With respect to the economic concerns noted by F0E in this connection, they are not within the proper scope of issues litigated in NRC proceedings. The Commission has just re-cently reaffirmed its long-held view that a nuclear plant's possible effect on rates, the utility's solvency, and the like is best raised before state economic regulatory agen-cier Publi Service Co. of New Hampshire (Seabrock Station, Unit '), Q 1-64-6, 19 NRC 975 (1984). . . .
F0E has therefore failed to show that it is likely to prevail on the merits of its appeal and that it will be irreparably harmed unless the low-power license is lifted. Nor has it shown that such action is within the public interest.
ALAB-789, at 5-6, 1
In view of F0E's failure to make a persuasive showing on this factor as well as the other requisite factors (discussed above) necessary for the issuance of a stay, it is Staff's opinion that F0E has not suc-
. cess uf lly established that the public interest supports its efforts to
-8/ Philadelphia Electric Company, (Limerick Generatine Station, Units 1 and 2) ALAB-789 20 NRC 1443, 1447, (1984)
rr~
t o
10 -
disturbtheeffectivenessofthedecisionsbelow.AI Consideration of all the criteria set forth in 10 C.F.R. 5 2.788(e) clearly weigh against granting-the relief requested by F0E.
IV. CONCLUSION Based on the foregoing, F0E has failed to satisfy the requirements for the issuance of a stay under 10 C.F.R. Q 2.788 and its request should be denied.
f Respectfully submitted, l pf<ai/E . h!
njamin H. Vogler '
ounsel for NRC Staff 7 Dated at Bethesda, Maryland this 12th day of August, 1985 1
'-9/ See, Flcrida Power and Light Company (St. Lucie Nuclear Fower Plant, Unit 2), ALAB-404, 5 NRC 1185, 1188-1189 (1977).
m .
o.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOLHETED BEFORE THE ATOMIC SAFETY Af1D LICEllSIrlG APPEAL BOARD USNRC In the Matter of )
'85 AUG 13 P3:53
)
PHILADELPHIA ELECTRIC COMPANY ) Docket Nos. 50-352 CFFin OF SECRtiAn
) 50-353 00ChETmG & SEPvu B N CH (Limerick Generating Station, )
Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER TO R. L. ANTHONY /F0E'S PETITION FOR A STAY OF THE LICENSING BOARD'S ORDER OF JULY 22, 1985 AUTHORIZING THE ISSUA!!CE OF A FULL POWER LICENSE FOR LIMERICK" in the above-captiened proceeding have been served en the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, or as indicated by a double asterisk by hand-delivery, this 12th day of August, 1985:
Helen F. Hoyt, Chairperson (2) Mr. Edward G. Bauer, Jr.
Administrative Judge Vice President & General Counsel Atomic Safety and Licensing Board Panel. Philadelphia Electric Company U.S. Nuclear Regulatory Commission 2301 Market Street Washington, D.C. 20555+" Philadelphia, PA 19101 Dr. Richard F. Cole Troy B. Conner, Jr., Esq.
Administrative Judge Mark J. Wetterhahn, Esq.
Atomic Safety and Licensing Board Panel Conner and Wetterhahn U.S. Nuclear Regulatory Commission 1747 Pennsylvania Avenue, N.W.
Washington, D.C. 20555** Washington, D.C. 20006 Dr. Jerry ~ Harbour Mr. Marvin I. Lewis Administrative Judge 6504 Bradford Terrace Atomic Safety and Licensing Board Panel Philadelphia, PA 19149
.U.S. Nuclear Reculatory Commission Washington, D.C. 20555** Joseph H. White, III 15 Ardmore Avenue Mr. Frank R. Romano Ardmore, PA 19003 Air and Water Pollution Patrol 61 Forest Avenue Anbler, PA 19002 Kathryn S. Lewis, Esq.
1500 Municipal Services Bldg.
Ms. Phyllis Zitzer, President 15th and JFK Blvd.
Ms. Maureen l'ulligan Philadelphia, PA 19107 Limerick Ecology Action 762 Cueen Street Pottstewn, PA 19464
Thomas Gerusky, Director Zori G. Ferkin Bureau of Radiation Protection Governor's Energy Council Dept. of Environmental Resources P.O. Box 8010 5th Floor, Fulton Bank Building 1625 N. Front Street Third and Locust Streets Harrisburg, PA 17105 Harrisburg, PA 17120 Spence W. Perry, Esq.
Director Associate General Counsel Pennsylvania Emergency Management Federal Emergency Management Agency Agency Room 840 Basement, Transportation & Safety 500 C Street, S.W.
Building Washington, D.C. 20472 Harrisburg, PA 17120 Robert J. Sugarman, Esq.
Robert L. Anthony Sugarman, Cenworth & Hellegers Friends of the Earth of the 16th Floor Center Plaza Delaware Valley 101 North Broad Street 103 Vernon Lane, Box 186 Philadelphia, PA 19107
'Moylan, PA 19065 James Wiggins Angus R. Love, Esq. Senior Resident Inspector Montgomery County Legal Aid U.S. Nuclear Regulatory Commission 107 East Main Street P.O. Box 47 Norristown, PA 19401 Sanatoga, PA 19464 Charles W. Elliott, Esq. Atcmic Safety and Licensing Brose & Poswistilo Board Panel 325 N.- 10 Street U.S. Nuclear Regulatory Commission Easton, PA 18042 Washington, D.C. 20555**
Atomic Safety and Licensing Appeal David Wersan Board Panel (8)
Consumer Advocate U.S. Nuclear Regulatory Commission Office of Attorney General Washington, D.C. 20555**
1425 Strawberry Square Harrisburg, PA 17120 Docketing and Service Section Office of the Secretary Jay Gutierrez U.S. Nuclear Regulatory Commission Regional Counsel Washington, D.C. 20555*
USNRC, Region I 631 Park Avenue Gregory Minor King -of Prussia, PA 19406 MHB Technical Associates 1723 Hamilton Avenue Steven P. Hershey, Esq. San Jose, CA 95125 Community _ Legal Services, Inc.
5219 Chestnut Street Timothy R. S. Campbell, Director Philadelphia, PA 19139 Department of Emergency Services 14 East Biddle Street West Chester, PA 19380 C [nfG ?f/
EenjeninH.Vogler _f_.
Counsel for NRC Staff [
,