ML20084R150

Submits Contentions Re Applicant Application for Low Power Testing License.Plant Will Be Unable to Operate Per Terms of Application.Certificate of Svc Encl

ML20084R150
Person / Time
Site:	Limerick
Issue date:	05/17/1984
From:	Sugarman R DEL-AWARE UNLIMITED, INC., SUGARMAN & ASSOCIATES
To:	Brenner L, Cole R, Morris P Atomic Safety and Licensing Board Panel
References
NUDOCS 8405220174
Download: ML20084R150 (6)

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JOANNE R. DENWORTH 101 NORTH BROAD STREET JOHN F. HELLEGERS PHILADELPHIA. PENNSYLVANIA 19807 croa> 7v.ueo ROBIN T. LOCKE (2153758 9733 ~5 5 .'. N ' 'N -

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• MavJ 17  ! 1984 COUNSEL

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Nuclear Regulatory Commission Atomic Energy Licensing Board Washington, D.C. 20555 Attn ..: Judge Lawrence Brenner Judge Richard F. Cole Judge Peter A. Morris Re: Application of Philadelphia Electric Company No. 50-352, 50-353OL

Dear Judges:

This is to register, on behalf of Del-AWARE Unlimited, Inc., contentions regarding that Applicants' app]ication for low power testing operation.

Although I have been served hundreds of other documents by Applicant, I was not served a copy of the application for low power testing, and have not yet seen it.

By this letter, therefore, I am requesting that the Applicant and the Commission make available to me a copy of the application.

Based on the assumption that the application does not specify any sources of supplemental cooling water other than the Point Pleasant Diversion project, Del-AWARE Unlimited submits the following contention: ,

Contention LP-I: The Applicant has failed to provide reasonable assurances that it will be able to operate its plan in accordance with the terms i I

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of the application, . as amended. Whereas the application as amended showy that the applicant will provide supplemental cooling water from the su called Point Pleasant Diversion, in fact the Point Pleasant Diversion is not constructed, and cannot be constructed in timely fashion to provide supplemental cooling water for low power testing.

Therefore, the plant cannot and will not operate in accordance with the license.

Basis: The factual basis of the contention is that the Point Pleasant Diversion lacks a number of permits for construction. These include certification of reasonable need by the .Pennsyl-vania Public Utility Commission needed to overcome the zoning illegality of the proposed Bradshaw i

Reservoir pumphouse, a facility necessary to utilization of the Point Pleasant Diversion; d

approval by Pennsylvania DER of revised plans, both permanent and temporary construction meas-ures, for constructing the Combined Transmission Main, the necessary facility between the Point Pleasant pump station and Bradshaw Reservoir; and

,the fact that Applicant does not own or control the land nor does any other public body necessary

.for construction of.the transmission main between the Combined Transmission Main and Bradshaw Reservoir. The legal basis for contention is that the Commission's Rules, 2CFR $2. ,. Appendix A,Section VII(b) (ii) provides that the Board shall consider, at the operation license stage, whether the Applicant will operate the plant in accordance with the terms of the amended application.

In the alternative, in the event that PECo's Application pr'ovides for an alternate source of water other than Point Pleasant for lower power testing,' intervenors serve the following contention:

, Contention LP-1 (alternative): ThL Applicant has made no further arrangement, and has no formal or 4

_ informal commitments from any agency for the supplemental - cooling water to support ' low power testing, as set-forth in the amended application.

In ' these circumstances, the plant cannot- be . and will not' be . operated .in' accordance with the amendedeapplication.

Basis: :See- deposition testimony- of Messrs.

Vincent Boyer, Haines Dickenson, David Marano, and-

r Nuclear Regulatory Commission 3 flay 17, 1984 John Kemper, taken in Sull-itan V. Bucks County (Philadelphia Electric Company intervening plain-tiffs) in March and April, 1984. .

Bases for accepting late filed contentions:

(a) These contentions have been advanced repeatedly, but have been rejected as premature. Therefore, they cannot be untimely now.

(b) The applications containing the representations referred to, and dating the proposed inception in September, 1984 (see Motion filed May 10, 1984) have only just come into existence, and therefore, as a necessary predicate to the contentions, could not have been litigated earlier.

(c) No existing party is at J11 likely to recognize or litigate the issues asserted herein.

(d) Introduction of the issue will not prejudice any party by substantially broadening the issues; the issues are ones that have been in the case since 1973, and insofar as the alternative that assumes that PECo has proposed to use a different source of water than Point Pleasant to provide supplemental cooling water is concerned, the Commission staff has repeatedly stated that if and when PECo indicated its intention-to 'use i the different source of water, the Commission would w r

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c Nuclear R:gulatory Commission 4 Mcy 17, 1984 review that proposal in the same manner as it reviewed PEco's original 1973 proposal.

Intervenor is in a uniquely qualified position to l produce appropriate testimony regarding the above matter in view of its intimate involvement in all stages of supple-mental cooling water issues. Intervenors will present the testimony of Bucks County and the deposition transcripts alluded to and other material evidence.

Intervenor reserves the right to modify these contentions upon receipt and review of PECo's application for low power testing.

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ROBFET J. SUGARMAN oi ..,,... a a SUGARMAN, DENWORTH & HELLEGERS 16th Floor Center Plaza 101 N. Broad Street Philadelphia, PA 19107 (215) 751-9733 Counsel for Intervenors 052 ,

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

,BEFORE THE ATOMIC SAFETY LICENSING BOARD I $7 ,.

In the matter of

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PHILADELPHIA ELECTRIC COMPANY ) Docket Nos. 50-352

) 50-353 *

(Limerick Generating Station, )

Units 1 and 2) )

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CERTIFICATE OF SERVICE a

I hereby certify that I have served a copy of the foregoing letter by mailing a copy of the same to the following persons this 16th day of May, 1984.

Judge Lawrence Brenner Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission l- Washington, D.C. 20555 Washington, D.C. 20555 Judge Richard F. Cole Docketing and Service Section Atomic Safety and Licensing Boa'rd Office of the Secretary.

U.S. Nuclear Regulatory Commission U.S._ Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Judge Peter A. Morris Ann'Hodgdon, Esquire Atomic Safety and Licensing-Board Office of Executive Legal Director U.S. Nuclear Regulato'ry Commission- U.S. Nuclear Regulatory Commission Washington, D.C. 20555_ . Uashington, D.C. 20555 Atomic Safety and Licensing Board Troy B. Conner, Jr., Es'q.

U.S. Nuclear Regulatory Commission Mark J. Wetterhahn,'Esq.

Washir.gton, D.C. 20555 Conner & Wetterhahn

- 1747 Pennsylvania Avenue, NW Washington, D.C. 20006 i

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. i, Philadelphia _ Electric Company Thomas Gerusky, Director Attn.: Edward G.-Bauer, Jr. Bureau of Radiation Protection V.P. & General Counsel Dept. of Environmental Resources 1 2301 Market Street Philadelphia Fulton Bank Bldg, 5th Floor Third and Locust Streets Phyllis Zitzer, Esquire Harrisburg, PA 17120 Limerick Ecology Action P. O. Box 761 Thomas Y. Au, Esquire Pottstown, PA 19464 Commonwealth of PA Dept. of Environmental Resources David Uersan, Esquire 505 Executive House Aesistant Consumer Advocate P. O. Box 2357 Office of Consumer Advocate Harrisburg, PA 17120 1425 Strawberry Square Harrisburg, PA 17120 Spence W. Perry, Esquire Director, Pa. Emergency Mgt. Agency Associate General Counsel Bcsement, Transp. & ' Safety Bldg. Federal Emergency Management Harrisburg, PA 17120 Room 840, 500 C St., N.W.

Washington, D.C. 20472 Martha W. Bush, Esquire Deputy City Solicitor Robert Anthony City of Philadelphia 103 vernon Lane, Box 186 Municipal Services Building Moyland, PA 19065 15th & JFK Blvd.

Philadelphia; PA 19107 Marvin Lewis 6504 Bradford Terrace Jacqueline I. Ruttenberg Philadelphia, PA 19149 Keystone Alliance P. O. Box 107 Frank humano Souderton, PA 18964 61 Forest Avenue Ambler, PA 19002 Joseph H. White, III 8 North Warner Avenue Angus R. Love, Esquire Bryn Mawr, PA 19010 Montgomery County Legal Aid 107 East Main Street Charles W. Elliott, Esquire Norristown, PA 19401 Limerick Ecology Action Brose and Pswistilo Zori G. Ferkin, Esquire 1101 Building Assistant Counsel lith and Northhampton Sts. Governor's Energy Council Easton, PA 18042 P. O. Box 8010 1625 N. Front Street Timothy R S., Campbell, Director Harrisburg, PA 17102 Department of Emergency Services 14 East Biddle Street Wsst Chester, PA 19380 e' , , r

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Counsel for Intervenors Dated: May 16, 1984