ML20245F734

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

ML20245F734
Person / Time
Site:	Limerick
Issue date:	08/09/1989
From:	Hodgdon A NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
References
CON-#389-9018 OL-2, NUDOCS 8908150050
Download: ML20245F734 (6)

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C'OC KE T E D UM' UNITED STATES OF AMERICA L NUCLEAR REGULATORY COMMISSION '89 A'JG -9 All :21 BEFORE THE COMMISSION t- ,, . ,

In the Matter of PHILADELPHIA ELECTRIC COMPANY ) Docket Nos. 50-352-OL-2

) 50-353-OL-2 (Limerick Generating Station, )

Units 1 and 2) ) (Severe Accident Mitigation

) DesignAlternatives)

NRC STAFF RESPONSE TO THE COMMISSION'S MEMORANDUM AND OkDER OF AUGUST 7,1989 Ann P. Hodgdon Counsel for NRC Staff A'Jgust 9,1989 8908250050 890809 PDR ADOCK 05000352 G PDR o

d .

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION l In the Matter of l

PHILADELFdIA ELECTRIC COMPANY Docket Nos. 50-352-OL-2 50-353-OL-2 (Limerick Generating Station, Units 1 and 2) (Severe Accident Mitigation DesignAlternatives)

NRC STAFF RESPONSE TO THE COMMISSION'S MEMORANDUM AND ORDER OF AUGUST 7, 1989 Ann P. Hodgdon Counsel for NRC Staff August 9, 1989

. August 9. 1989 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION y] BEFORE THE COMMISSION U1 n the Matter of

} ' PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352-OL-2 50-353-OL-2

'(Limerick Generating Station Units 1 and 2) (Severe Accident Mitigation

) Design Alternatives)

NRC STAFF RESPONSE TO THE COMMISS10it's MEMORANDUM AND ORDER OF AUGUST 7. 1989 3

On July 26, 1989, the Nuclear Regulatory Commission (Commission) i issued a Memorandum and Order in which it, among other things, directed l the NRC Staff to provide answers to five questions and invited comments from other parties. The Commission advised that the answers would be used in its irmediate effectiveness review conducted in connection with

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its consideration of a full power operating license for Limerick Unit 2.

The Commission indicated that the answers were to be in the Commission's hands by August 2,1989, and that any responses should be filed by August 9, 1989.

In response to the Order of July 26, the NRC Staff and the licensee, Philadelphia Electric Company, filed answers. Limerick Ecology Action t

(LEA) filed a response on August 1, 1989, but did not provide answers to the Commission's questions. Rather, LEA's response presented argument taking issue with the Commission's legal right to ask the questions and requested that the Commission revoke that portion of its Memorandum and Order that required comments by August 2, 1989.

August 9, 1989 e UNITED STATES OF A'. ERICA

! NUCLEAR REGULATORY 'OMMISSION l BEFORE THE COMMISSION l

In the Matter of PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352-OL-2 50-353-OL-2 (Limerick Generating Station Units 1 and 2) ) (SevereAccidentMitigation

) Design Alternatives) a NRC STAFF RESPONSE TO THE COMMISSION "

MEMORANDUM AND ORDER OF AUGUST 7, 1989 On July 26, 1989, the Nuclear Regulatory Comission (Comission) issued a Memorandum and Order in which it, among other things, directed the NRC Staff to provide answers to five questions and invited comments j i

from other perties. The Comission advised that the answers would be used in its immediate effectiveness review conducted in connection with its consideration of a full power operating license for Limerick Unit 2. i

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The Comission indicated that the answers were to be in the Comission's hands by August 2,1989, and that any responses should be filed by August 9, 1989.

In response to the Order of July 26, the NRC Staff and the licensee, Philadelphia Electric Company, filed answers. Limerick Ecology Action (LEA) filed a response on August 1, 1989, but did not prcvide answers to the Comission's questions. Rather, LEA's response presented argument i

taking issue with the Commission's legal right to ask the questions and requested that the Comission revoke that portion of its Memorandum and Order that required comments by August 2, 1989.

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On consideration of LEA's request, the Commission issued a. Memorandum and Order on August 7, 1989, extending LEA's deadline to August 14.

The NRO Staff will not respond to philadelphia Electric's August 2 1

l comments at this tirae. Since LEA's comments are not due to be filed until August 14. the 3taff is not able to respond to LEA at this time either.

If the Staff has comments on LEA's August 14 filing, the Staff will r provide those cociments prior to the Commission meeting scheduled for August 17. Also, as indicated in the Staff's Response of August 2, the Staff is now completing its supplement to the FES, which addresses severe l accident mitigation design alternatives for Lin,eri:k. See 10 C.F.R.

I51.92(d)(2). ine Staff expects this document to be issued prior to the Commission meeting.

Respectfully submitted, VAL - b C, UVL' Ann P. Hodgdon l Counsel for NRC Staff Dated at Rockville, Maryland l this 9th day of August 1989 e

l DOMEiED nNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ~69 AUU ~ 9 All :21 BEFORE THE COMMISSION y p DOCni Q g, s '.!

In'the Matter.of )

PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352-OL-2 50-353-OL-2 (Limerick Generating Station Units 1 and 2) (SevereAccidentMitigation

) DesignAlternatives) l-CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO THE COMMISSION'S MEMORANDUM AND ORDER OF AUGUST 7, 1989" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Comission's internal mail system, or as indicated by a double asterisk by use of express mail service, or as indicated by a triple asterisk by hand-delivery, this 9th day of August,1989:

Morton B. Margulies, Chairman

• Frederick J. Shon, Esq.*

Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Washington, D.C. 20555 Troy B. Conner, Jr. , Esq.*** Thomas M. Gerusky Conner & Wetterhahn, P.C. Bureau of Radiation Protection 1747 Pennsylvania Avenue, N.W. Dept. of Environmental Resources Washington, D.C. 20006 Third and Locust Sts., 5th Floor Harrisburg, PA 17120 Atomic Safety and Licensing Board Panel *(1) .

Dr. Jerry Harbour

• U.S. Nuclear Regulatory Comission Administrative Judge Washington, D.C. 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission

- Charles E. Rainey, Jr. , Esq. Washington, D.C. 20555 Chief Deputy City Solicitor i City of Philadelphia Gregory Dunlap, Esq. .

1 Reading Center, 5th Floor Deputy General Counsel i Philadelphia, PA 19107 Office of Gen?ral Counsel j 333 Market Street, 17th Fir.

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David Stone David Wersan, Esq.

Limerick Ecology Action, Inc. Assistant Consumer Advocate l

P.O. Box 761 Office of Consumer Advocate Pottstown, PA 19464 1425 Strawberry Square Harrisburg, PA 17120

.. Atomic Safety and Licensing Appeal Board Panel (5)* Edward G. Bauer, Jr., Esq.

U.S. Nuclear Regulatory Commission Vice President and General Counsel Washiagton, D.C. 20555 Philadelphia Electric Company 2301 Market Street Charles W. Elliott** Philadelphia, PA 19101 Poswistilo, Elliott & Elliott 1101-Northampton Street Adjudicatory File Suite 201 Atomic Safety and Licensing Board Easton, PA 18042 U.S. Nuclear Regulat]ry Commission Washington, D.C. 2'i555 Office of the Secretsry***

U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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Ann P. Hodgdon Counsel for NRC Staff I

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