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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20151L5181997-08-0505 August 1997 Order Prohibiting Involvement in NRC Licensed Activities (Effective Immediately) Re SL Nevin Deliberately Falsifying Records of RECW Sample Documentation on 960207 ML20151L3671997-08-0505 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 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 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 ML20246F1471989-08-25025 August 1989 Settlement Agreement.* Certificate of Svc Encl 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 ML20245H8491989-08-14014 August 1989 Notice of Change of Address.* Advises of Council Change of Address for Svc of Documents 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 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 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 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 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 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 ML20248D5391989-08-0202 August 1989 Affidavit of MT Masnik.* Advises That Author Prepared Response to Question 3 ML20248D5671989-08-0202 August 1989 Affidavit of SE Feld.* Advises That Author Prepared Response to Question 5.W/Certificate of Svc 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 ML20248D4971989-08-0202 August 1989 Joint Affidavit of Gy Suh & CS Hinson.* Advises That Authors Prepared Responses to Questions 1 & 4 ML20248D5311989-08-0202 August 1989 Affidavit of Rj Barrett.* Advises That Author Prepared Response to Question 2 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 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
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UNITED STATES OF AMERICA RCdd ,"' ,.. M 2dk '
NUCLEAR REGULATORY COMMISSION BEFORE THE DT-SJfP
' '~
ATOMIC SAFETY AND LICENSING BOARD In the Matter of PHILADELPHIA ELECTRIC COMPAMY (Limerick Generating Station Docket Nos. 50-352 50-353 MP' ' 9' Z3EF OL OCS@CC '
Units 1 and 2) Dec. 28, 1984 ,
MOTION ON BEHALF 0F LIMERICK ECOLOGY ACTION REQUESTING THE ATOMIC SAFETY AND LICENSING BOARD TO ISSUE SUBP0ENAS TO LIMERICK ECOLOGY ACTION COMMANDING TESTIMONY FROM ANTHONY NEWMAN, JIM BROWN, MICHAEL CHURCHILL, AND ALICE SPRAGUE ON -
0FF-SITE EMERGENCY PLANNING MATTERS IN THE AB0VE CAPTIONED PROCEEDING AS FURTHER DETAILED BELOW:
Pursuant to 10 CFR j2.720, Limerick Ecology Action hereby
- respectfully requests the Atomic Safety and Licensing Board to issue a subpoena commanding testimony from each of the following:
Anth6ny Newman Michael Churchill Pa. State Education Association Emergency Coordinator 400 North Third Street Charlestown Play House, Inc.
Harrisburg, Pa. 17105 RD#2, Phoenixville Pa. 19460 Jim Brown, Chairperson Methacton School District Alice Sprague, Director Emergency Evacuation Committee Little People Day Care Arrowhead School School of Pottstown, Inc.
Level Road, RD#1 1561 Medical Drive Collegeville, Pa. 19426 Pottstown, Pa. 19464 The above named individuals are requested to appear at the Old Federal Bullding, 9th. and Market Streets in Philadelphia, Pennsylvania at 9:00 a.m. on January 4th., 1985 to give testi-mony on the subject matters as follows in LEA's offering of proof:
ANTHONY NEWMAN Pre-filed testimony from Mr. Donald Horabito, the Southeastern Regional Regional Field Director of the Pa. State Education Association contained information from Mr. Anthony Newman, PSEA's general counsel, which was stricken from the record. Applicant argued that this:.information was " inadmissible hearsay" and that Mr. Newman was not available for cross-examination as to his 0501020065 841220 PDR ADOCK 05000352 g PDR
interpretation of the various statutes relating to teachers contractual obligations. (TR 15,404) (Board ruling at TR 16,406)
LEA's resaons for requesting the opportunity-to present'Mr.
Newman as a witness are a direct result of the Board's ruling at TR 16,406. Mr. Rader indicated that Philadelphia Electric Company was not interested in discussing -a proposed stipulation regarding his testimony due to the Board's ruling. Therefore, LEA is left with no alternative but to request the Board to issue a subpoena commanding his testimony relating to the effect that the contractual olligations of school staff and bus drivers can be expected to have on their willingness to carry out the'
. assignments designated to them in the various radiological emergency response plans. LEA would refer the parties to its argument at TR 16,398-400. At TR 16,405 LEA stated that it planned to seek a stipulation regarding Mr. Newman's testimony if the Board granted Applicant's Motion to Strike. Mr. Morabito's Limited Appearance Statement beginning at TR 16,410 also provides the basis for LEA's request for Mr. Newman's subpoena. It is LEA's position that the record in this proceeding will be deficient if it does not contain reliable, probative evidence relating ,to the contractual obligations of school staff and bus drivers in the event of a radiological emergency at the Limerick Genera-ting Station.
JIM BROWN Jim Brown is the chairperson of the Methacton School
- District Emergency Evacuation Committee. Due to extended illness from pink-eye, Mr. Brown was unable to attend the hearings on Dec. 17 or Dec. 18. Dr. Laird Warner, Superintendent of the Methacton School District did testify on Dec. 18; however he was not permitted to discuss any matters relating to the school staff and bus driver survey results reported to him by Mr. Brown, 4 to whom Dr. Warner has delegated RERP responsibilities (TR 15,611).
At TR 15,623 Dr. Warner stated that "There is a deficit of 15 drivers". Applicant objected that there was no foundation as to Dr. Warner's knowledge of the survey results. At TR 15,627 Dr.
Warner attempted to discuss the manner in which Mr. Brown had reported the survey results to him. At TR 15,629, lines 6 and 7, Judge Hoyt stated..."Now there are other witnesses that can testify on that (survey results) and you must call those witnesses".
At TR 15,631 LEA marked a Nov. 16, 1984 letter from Mr. Jim Brown to Mr. A. Lindley Bigelow as LEA Exhibit E-28. At TR 15,632 Applicant objected to discussion of the unmet needs stated in' the letter because Mr. Brown was not available at the hearing to authenticate the letter or for cross-examination At TR 15,632 lines 20 and 21 Judge Hoyt questioned LEA whether or n'ot Mr.
Brown was on the witness list. In response to LEA's statement that he was ill, at lines 24 & 25 Judge Hoyt stated, "Then we are i goint to have to either get a deposition or something or some l
stipulated testimony." Due to the fact that Mr. Rader has informed LEA that the Applicant is not willing to discuss any proposed stipulation regarding those documents prepared by Mr. Brown marked for identification purposes as LEA Exhibits "E-18" and "E-28", LEA is left with no alternative other than to request the Board to issue a subpoena commanding Mr. Brown to give testimony on Jan.4, i
1985. LEA believes that the record will be deficient if this l
~~
request is not granted. LEA is willing to stipul' ate td the inclusion of LEA exhibits marked for identification purposes as LEA "E-18" and "E-2 8",
and hereby including counsel for the Applicant to requests considerthe thisparthg4,ylive.
alterga MICHAEL CHURCHILL pf, pg) 31 M0 '08 On Dec.17, 1984 Mr. Churchill came to the he(finq0asscag3gy a designated representative of Mrs. Stonorov, dire'dtbrf'66 thevr Charlestown Play House, Inc., a day care facility locateMCin
'Charlestown Twp., Chester County. Mr. Churchill brought with him an affidavit to demonstrate that he was the authorized representative of Mrs. Stonorov and the Charlestown Play House, Inc. At TR 15,470 Mr. Rader objected to the presentation of the witness. LEA reiterated that if the Applicant were willing to stipulate to Mrs. Stonorov's testimony that there would have been no need to take up valuable hearing time with the presen-tation of Mr. Churchill. LEA again asked Mr. Rader if he was willing to stipulate to Mrs. Stonorov's testimony on Dec. 28,.
or in the alternative to consider a prepared statement from Mr. Churchill as a proposed stipulation. Mr. Rader indicated that neither of these proposals by LEA would be acceptable to him. At TR 15,471 Judge Hoyt suggested taking direct examination of Mr. Churchill (lines 10 & 11). At TR 15,471 Judge Hoyt stated that LEA could conduct direct examination of Mr. Churchill.
At TR 15,475 Mr. Rader requested permission to conduct Voir Dire. At TR 15.482 Judge Hoyt stated that the Board had deter-mined that Mr. Churchill was not competent to testify on the matter. At lines 23-24 Judge Hoyt stated that there was no documentation before the Board to support that Mr. Chruchill had been designated by the Board of Directors as their designated emergency coordinator. At TR 15,483 LEA informed the Board and the parties that it would obtain the appropriate authorization from Mrs. Stonorov and the Board of Directors of the Charlestown Play House, Inc. LEA will provide the necessary documentation to the parties no later than Jan. 3, and hereby requests that the Board grant LEA's request for a subpoena to obtain testimony by direct examination on behalf of the Charlestown Play House, Inc.
subject to the receipt of the parties of the necessary authorization.
ALICE SPRAGUE ,
Alice Sprague is the Administrator of the Little -People Day Care School of Pottst:wn, Inc. She responded to the survey questionnaire sent out by Elaine Troisi by writing the enclosed letter and by authorizing Limerick Ecology Action to submit her October 1, 1984 letter to the Atomic Safety and Licensing Board in this proceeding.
G
LEA anticipated that this letter would become part of the record in this proceeding as an attachment to the testimony of Elaine Troisi. At TR 15,778 the Board denied Applicant's Motion to Strike the survey responses from Mrs. Troisi's testimony; however in doing so adopted the position expressed in the argument presented by Mr. Hassell of the NRC Staff.
At TR 15,775, Mr. Hassell stated that the survey forms "should not be admitted for the truth o# the matters asserted in the form; however".... they should De admitted " solely for the purpose of showing what the witness relied upon...."
Mrs. Sprague's October 1, 1984 letter states that although her facility "has complied with the requests of the Pennsylvania Department of Education and the Pennsylvania Department of Public Wel f are". . . . "This plan remains hypothetical . . . . . "
LEA had no notice prior to Dec. 19, 1984 that Mrs. Sprague's letter would not be accepted "for the truth of the matters discussed therei.n". Here again, Mr. Rader has indicated that Applicant is not willing to discuss any proposed stipulation regarding Mrs. Sprague's October 1, 1984 letter. LEA is left with no alternative but to request that the Board grant a subpoena commanding testimony from Alice Sprague to authenticate the matters discussed in her October 1, 1984 letter, and that.she be odrered to appear to give testimony on Friday, January 4, 1985 at 9:00 a.m. LEA believes that the record on LEA-13 will be ficient if the matters contained in Mrs. Sprague's letter are not considered by this Board, particularly relating to the sufficiency of staff and transportation resources required in the event that an evacuation is called for as a protective measure.
4 IN THE EVENT THAT THE BOARD DETERMINES THAT THE INFORMATION CONTAINED HEREIN IS NOT SUFFICIENT TO GRANT THE REQUESTED SUBPOENAS, LEA HEREBV REQUESTS AN OPPORTUNITY FOR ORAL ARGUMRNT PRIOR TO THE 30ARD'S RULING ON TH.IS MOTION.
Resp ctfully pubmitted, Phy itzer nt LEA cc: Entire service list Enclosures as follows:
j Subpoena forms submitted to Judge Hoyt only LEA Exhibit "E-18" previously distributed to parties
( n o t -e n c l o s e d-)--
LEA Exhibit "E-28" enclosed Alice Sprague letter of 10/1/84 enclosed
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. p (215)489 3000 jtI ,1 ( LEA EXHIBIT "E 28" J .: y
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2 METHACTON SCHOOL DISTRICT 1 J DR. LAIRD P. WARNER se-we : November 16, 1984 Fainkw VillsDe:PA 1 3
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- rcp.g 7 Mr. A. Lindley Bigelow, Coordinator Montgomery County Office Emergency Preparedness 100 Wilson' Boulevard Norristown PA 19403
Dear Mr. Bigelow:
As a follow-up to the information from the Methacton School District's Emergency Evacuation Planning which you recently received, I wish to re-iterate the two major unmet needs for preparation of Methacton School District's plan at this point.
4 First of all, as a result of a bus driver survey, we need 15 additional buses / drivers for evacuation of our students from our three elementary g buildings and the Arcola intermediate school. We also will be in need of 50 adults to sapervise students, as a result of a survey of all other staff members in our district. The additional adults would allow for a student to adult supervision ratio of A:23.
Please contact me if you have any specific questions or concerns about the two aforementioned unnet needs.
Sincerely, l hik
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James P. Brown, Chairman Methacton Emergency Planning Committee l Principal, Arrowhead Elementary School l
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c:: J. Cunnington, Energy.- Consultants ,
Dr. L. Warner, Superintendent ,,
T. Derr, Asst. Superintendent n
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,W 1561 MEDICAL DRIVE, POTTSTOWN, PA IMG4 715/37G 0554 October 1, 1984 De*ar Sir Little People Day Care School of Pottatown. Inc.
has complied with the requests of the Pennsylvania Department of Education and the Pennsylvania Department of Public Welfare by preparing a Radiological Emergency Response Plan. This plan remains hypothetical, however, inasmuch as planned responses to a nuclear incident are untested.
We wish to express serious concern about our ability to safely evacuate and properly care for our students in the event of a radiological emergency for these reasons:
To date we have neither been contacted by nor received assistance from any official emergency preparedness organization, public agency, r,overnmental body or Philadelphia Electric.
The ability of large numbers of people to negotiate local highways during a full-scale evacuation remains in question.
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- Reliability of transportation is uncertain due to travel limitations and a potential shortage of drivers.
- The reaction of large numbers of pre-schoolers to an un-rehersed, crisis situation is uncertain, i but experience dictates that the stress resulting from an evacuation could render us unable to properly care for our children.
'The availability of adequate telephone lines
, or other means of communicating with parents remains i in serious question.
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We would welcome any acoistenco to review our platis and to assure that the rosources needed to effect a care, orderly evacuation will in fact, be available.
We rencin convinced, however, that only a full-scale drill, including major evacuation. will adequately test the emergency preparedness of our community and insure the safety of our citizens.
Very truly yours,
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Alice D. Sprague Administrator 9
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