Order CLI-86-05 Denying Limerick Ecology Action,R Anthony/ Friends of the Earth & Util Petition for Review of Various Aspects of ALAB-819.Arrangements W/Backup Hosp Outside Emergency Planning Zone Appear Prudent.Served on 860321ML20140B494 |
Person / Time |
---|
Site: |
Limerick |
---|
Issue date: |
03/20/1986 |
---|
From: |
Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
---|
To: |
Anthony R ANTHONY, R.L., FRIENDS OF THE EARTH, LIMERICK ECOLOGY ACTION, INC., PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
---|
References |
---|
CON-#186-489 ALAB-819, CLI-86-05, CLI-86-5, OL, NUDOCS 8603240208 |
Download: ML20140B494 (6) |
|
|
---|
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:ORDERS
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 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 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 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 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 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 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 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 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 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 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 ML20246N8031989-07-0707 July 1989 Memorandum & Order CLI-89-10.* Grants Authorization for Low Power Operation Pending Completion of Hearing on Impacts of Severe Accident Mitigation Design Alternatives,Per Applicant Motion.W/Certificate of Svc.Served on 890707 ML20244D5021989-06-0909 June 1989 Prehearing Conference Order.* Parties Should Confer & Determine as to Which Mitigation Alternatives Should Constitute Bases for Litigation to Be Submitted by 890703.W/ Certificate of Svc.Served on 890612 ML20244D3751989-06-0808 June 1989 Order.* Responses to Issues Raised by Applicant Motion Requesting Commission to Clarify Status of Issuance of Unit 2 OL Should Be Provided by Stated Schedule.W/Certificate of Svc.Served on 890608 ML20248B4341989-06-0202 June 1989 Memorandum & Order.* Approves 890530 Stipulation Resolving Interest of Graterford Inmates,Except Part of Agreement That Provides for Dismissal & Termination of Proceeding When Board Notified.W/Certificate of Svc.Served on 890605 ML20246P1351989-05-16016 May 1989 Prehearing Conference Order.* Parties Should Submit Stipulations Re Commonwealth of PA Dept of Corrections Use of Personnel for Evacuation of Graterford Inst by 890530.W/ Certificate of Svc.Served on 890517 ML20246H8491989-05-0505 May 1989 Order.* Directs Chairman of ASLB to Convene Board to Conduct Addl Proceedings Re Limerick Ecology Action Vs NRC Contention.Served on 890505 ML20244C1541989-04-14014 April 1989 Order.* Directs ASLB to Conduct Addl Proceedings on Graterford Inmate Contention Re Whether Emergency Response Plan Complies W/Emergency Training Provided to Civilian Personnel.W/Certificate of Svc.Served on 890414 ML20153D1541988-08-29029 August 1988 Order.* Advises That Time in Which Commission May Act to Review ALAB-897 Extended Until 880923.Served on 880829 ML20151U7821988-08-10010 August 1988 Order Modifying License DPR-44,DPR-56,NPF-39 & CPPR-107 for Violations Involving Licensed Operators Sleeping in Control Room,Reading Matls Not Directly Job Related & Otherwise Inattentive to Obligations of License ML20195D0071988-06-15015 June 1988 Memorandum & Order.* Licensing Board 880505 Memorandum & Order Granting Util Motion for Summary Disposition of Single Contention Shall Not Be Considered to Have Achieved Finality Pending Completion of Sua Sponte Review.Served on 880616 ML20154E0751988-05-0505 May 1988 Memorandum & Order (Granting Licensee Motion for Summary Disposition).* Served on 880506 ML20154A8751988-05-0303 May 1988 Order Extending Const Completion Dates for CP CPPR-107 to 890501 & 920101,respectively ML20150C9891988-03-17017 March 1988 Order.* Response from Licensee &/Or NRC Re Listed Questions on Iodine Spikes Requested by 880404.Joint Intervenors Will Have 15 Days from Svc Date of Responses to Questions to Submit Comments.Served on 880321 ML20196F0381988-02-26026 February 1988 Order.* Effective Immediately,All Mail Addressed to Ga Ferguson in Proceeding Shall Be Sent to Listed Address. Served on 880229 ML20148D6061988-01-19019 January 1988 Order Denying Requests in Awpp 880105 Submission.* Motion Denied Due to Noncompliance w/10CFR2.740(f) in Failing to Set Forth Licensee Response or Objections to Request for Discovery.Served on 880121 ML20236T1571987-11-20020 November 1987 Memorandum & Order (Procedural Rulings).* Licensee Objections & Motions for Protective Orders Filed Respectively on 871030 & 1102 Denied.Served on 871123 ML20236E1051987-10-26026 October 1987 Order.* Requires Licensee File Motion for Summary Disposition No Later than 871123 & Awpp May Serve Answers within 20 Days After Svc of Licensee Motion for Summary Disposition.Served on 871027 ML20235W1781987-10-0909 October 1987 Memorandum & Order (Memorializing Special Prehearing Conference Ruling on Contentions).* R Anthony & Air & Water Pollution Patrol Admitted as Parties.Parties Have Until 871116 to Initiate & Conclude Discovery.Served on 871013 ML20236E6821987-07-28028 July 1987 Memorandum & Order (Provisionally Ordering Hearing & Provisionally Granting Petitions for Leave to Intervene.)* Air & Water Pollution Patrol & R Anthony Intervention Petitions Granted.Served on 870729 ML20216D1851987-06-25025 June 1987 Order (Supplementing Order of 870622).* Order Directing That Petitioners Shall Have 10 Days to Respond to New Staff Arguments Not Presented in 870520-22 Answers.Served on 870626 ML20216D4571987-06-22022 June 1987 Memorandum & Order.* Argument I in Licensee 870520 & 22 Answers Opposing Rl Anthony & Air & Water Pollution Patrol Petitions for Leave to Intervene Re 860819 Application for Amend to License NPF-39 Rejected.Served on 870623 ML20214P1791987-06-0101 June 1987 Order.* Time Commission May Act to Review ALAB-863,dtd 870417,extended Until 870619.Served on 870601 ML20214N1811987-05-22022 May 1987 Order (Rescinding Order of 870519 & Replacing Order).* Licensee Filing as Soon as Possible of Answer Addressing Argument II W/Respect to Anthony Petition Suggested.Served on 870526 ML20214G6051987-05-19019 May 1987 Order (Filing of Responses to Licensee Motion).* NRC Staff Requested to Respond by 870609 & Rl Anthony & Fr Romano Requested to Respond by 870604 to Licensee 870507 Motion. Served on 870520 ML20210N4371987-02-10010 February 1987 Order.* Dismisses Del-Aware Unlimited,Inc 861223 Appeal of ASLB 861114 Memorandum & Order (ALAB-836) for Lack of prosecution.Del-Aware Unlimited,Inc Brief in Support of Appeal Not Received.Served on 870211 ML20210A8901987-02-0404 February 1987 Order.* Appellate Review Hampered by Absence of Exhibits Tendered in Connection w/860922 Hearing on Remanded Issue of Manpower Mobilization at Graterford.Exhibits Due by 870211.Served on 870205 ML20207E5611986-12-30030 December 1986 Order.* Order Treats Del-Aware Unlimited,Inc 861223 Notice of Appeal from ASLB 861114 Memorandum & Order,Dismissing Motion to Reopen,As timely.Del-Aware Did Not Receive ASLB Memorandum & Order Until 861218.Served on 861231 ML20214A4961986-11-14014 November 1986 Memorandum & Order Dismissing Del-Aware Unlimited,Inc 860923 Motion to Reopen Record for Further Consideration of Environ Impacts of Proposed But Not Yet Incurred Const,Due to Lack of Jurisdiction Over Matter.Served on 861117 ML20215J5351986-10-24024 October 1986 Order Extending Time Until 861121 for Commission to Act to Review ALAB-845.Served on 861024 ML20215G7101986-10-16016 October 1986 Memorandum & Order CLI-86-18,denying Rl Anthony/Friends of the Earth 860625 Motion Requesting That Conner & Wetterhahn Be Barred from Further Representation & Record of Offsite Emergency Planning Be Reopened.Served on 861017 ML20210V5001986-10-0909 October 1986 Order Extending Time Until 861031 for Commission to Act to Review ALAB-845.Served on 861009 ML20210V3641986-10-0909 October 1986 Order Extending Time Until 861020 for Commission to Determine Whether to Review ALAB-840.Served on 861009 ML20210J3521986-09-30030 September 1986 Amended Order Extending Time to 861010 for Commission to Determine Whether to Review ALAB-840.Served on 860930 ML20214T6141986-09-29029 September 1986 Order Extending Time Until 861010 for Commission to Review ALAB-840.Served on 860929 ML20209H9711986-09-11011 September 1986 Order Scheduling Hearing Re Remanded Issue in ALAB-845 on 860922 in Philadelphia,Pa.Served on 860912 ML20214M4041986-09-0909 September 1986 Order Granting Licensee 860826 Motion for Transcript Changes for Remand Hearings on Bus Driver Availability for Spring- Ford & Oj Roberts School Districts.Transcript Changes Encl.Served on 860910 ML20203M9341986-09-0404 September 1986 Order Scheduling 860922 Hearing on Remanded Issue in ALAB-845 in Philadelphia,Pa.Served on 860904 1997-08-05
[Table view] |
Text
._.
.o UNITED STATES OF AMERICA DOL ME TEC~
NUCLEAR REGULATORY COMMISSION "iNPC COMMISSIONERS:
W MAR 21 A8 :33 Nunzio J. Palladino, Chairman Thomas M. Roberts OFFit- c, .
James K. Asselstine 00cxtrie,f; ,3 , , ,,. ,
Frederick M. Bernthal 3RANCw Lando W. Zech, Jr.
WitVED llAR211986
)
In the Matter of )
) Docket Nos. 50-352-0L PHILADELPHIA ELECTRIC COMPANY ) 50-353-OL (LimerickGeneratingStation, )
Units 1 and 2) )
)
~
ORDER CLI-86-05 Limerick Ecology Action (" LEA"), Robert Anthony / Friends of the Earth
("F0E") and Philadelphia Electric Company ("PEC0") petitioned the Comission to review various aspects of ALAB-819, 22 N.R.C. 681 (October 23,1985).
Although the Commission has determined that review of ALAB-819 is unwarranted, a few comments are appropriate.
10 C.F.R. 5 2.786(b)(2)(iii) provides that a petition for review shall contain a " concise statement why in the petitioner's view the decision or action is erroneous." The petitions for review filed by LEA and Anthony /F0E fail to satisfy this requirement because neither attempted to explain why the Appeal Board's reasoning is erroneous. Moreover, Anthony /F0E failed to file their petition for review within the time limits prescribed by 10 C.F.R.'5 2.786(b)(1). Parties to NRC proceedings are expected to comply with the time limits specified in the regulations. If parties cannot act within the specified time period extensions are to be sought.
8603240200 860320
- PDR ADOCK 05000352
{ G PDR
s 2
Two substantive issues addressed by the Appeal Board in ALAB-819 also warrant comment. The Appeal Board in rejecting LEA's claim (Contention DES-5) that the National Environmental Policy Act of 1969 ("NEPA"),
42 U.S.C. 6 4321, and pertinent Comission regulations require consideration of additional design alternatives for the mitigation of severe accidents at Limerick, explained that the Commission's " Policy Statement on Severe Reactor Accidents Regarding Future Designs and Existing Plants," 50 Fed.
Reg. 32138 (August 8, 1985) barred litigation in case-related safety hear-ings of accident mitigation measures beyond those found in Commission regulations. In footnote 10, 22 N.R.C. at 696, the Appeal Board noted that ,
LEA had argued that the Policy Statement does not apply to its contention because the Comission in that Policy Statement referred to " safety hear-ings" and LEA's contention raised environmental -- not safety -- issues.
The Appeal Board rejected that line of argument stating that LEA read the Commission's statement too narrowly and that "it is unreasonable to believe the Commission intended to preclude litigation of severe accident mitigation measures under the rubric of safety issues, while permitting the litigation of the same matter as an environmental issue." ,I_ d_.
The Commission affirms the Appeal Board's holding on this-issue. The Commission's August 8, 1985 Policy Statement was intended to address both NEPA and Atomic Energy Act reviews. Insofar as is relevant to disposition of LEA's contention, that policy statement states that once a plant has been found to comply with NRC safety regulations and provide adequate protection to public health and safety, the need for design alternatives to further mitigate severe accidents is not to be addressed in case-specific reviews and hearings. Insofar as this type of accident mitigation is concerned,
t 3
NEPA and the Atomic Energy Act reviews are both directed at cost-effective measures to reduce the risk from accidental discharges of radioactive materials, and it would make no sense for the Commission to implement different review policies under the two statutes. If, as a result of generic or plant-specific research, the Commission determines that changes in the designs of existing plants may be warranted to prevent undue risk, changes will be imposed through rulemaking or plant specific backfits.
The other issue warranting comment is the Appeal Board's determination that PEC0 had not made adequate arrangements for the treatment of certain onsite personnel who are radiologically contaminated as well as traumatic- .
ally injured. The Board in effect found that the Hospital of the University of Pennsylvania (" HUP") is too distant from the Limerick site to serve as an 4
adequate backup hospital. 22 N.R.C. at 713. The Appeal Board remanded the matter to the Licensing Board for further proceedings, finding that the Licensing Board's reasons for declining to require a closer backup hospital do not withstand scrutiny. As a result of the Appeal Board's remand, PECO has entered into formal backup arrangements with Montgomery Hospital, which is closer to the Limerick facility than HUP.
The Licensee argues that the Appeal Board has in effect established a new generic rule regarding the proximity of the backup hospital by imposing requirements beyond those found in 10 C.F.R. 9 50.47 and Part 50, Appendix E. The NRC staff disagrees, arguing that the Appeal Board's I
e s
4 findings were based on lack of record support for the Licensing Board's rationale. We agree with the NRC staff.
The large number of hospitals within 20 miles of the facility makes the situation at Limerick somewhat unique. The reasonableness of emergency plans must be determined in each case in light of the specific facts. Here, establishment of formal arrangements with a backup hospital outside of the emergency planning zone, but closer than HUP, appears to be a prudent course of action under 10 C.F.R. 50.47. But this is not to say that a similar.
result would be required in other cases.
Commissioner Asselstine approved this Order in part, disapproved it in part, and provided separate views.
It is so ORDERED.
F the Comm ion, U
g c0" %g<, .
l v I p
i3. SAMUEL % CHILK
/ Secretary of the Comission
'5 f ' 9 .g'.,
9 S
'C::., ~ % ,.
,'(.3 Dated at Washington, D.C.
tk this to ' day of / b % [ , 1986.
j i
i I
I SEPARATE VIEWS OF COMMISSIONER ASSELSTINE 4
I agree with that portion of the Comission's order dealing with the backup hospital. However, I do not agree with that portion of the order which deals with the consideration of additional design alternatives for th . mitigation of severe accidents at Limerick.
In its Severe Accident Policy Statement the Comission concluded that the severe accident risk presented by existing designs for nuclear power plants is acceptable. The Comission decided, therefore, to bar -
participants in individual licensing proceedings from litigating the necessity of design alternatives, not now required by Comission regulations, to control or to mitigate the effects of severe accidents.
50 Fed. Reg. 32138. In this order, the Comission extends that decision 4
to exclude issues raised, not just under the Atomic Energy Act, but also to issues raised under the National Environmental Policy Act.
I did not agree with the Comission's conclusion in the Severe Accident Policy Statement that the risk presented by existing plants is acceptable for the life of the plants. See, " Dissenting Views of Comissioner Asselstine," 50 Fed. R_eg.e 32145. The Comission recently told the Congress that, based upon existing accident risk assessments, there is about a 50-50 chance of a severe core melt accident, an accident at least as severe as the THI-2 accident, within the next twenty years. I do not believe that a 50-50 chance within the next
i .
j -
twenty years is an particularly at h acceptable level of Point, considerigh population risk.
a tion and mi tigation shoul sites, such as LimFurther, eve that I beli d be given to estimating risk and bmeasures of the additional because aerick and Indian accident occur ecauseof uncertainties ccidentention prev Asselstine," at such a the high cost site. to associated with Unit No. 2), CLIConsolidated on Com Edis See, "Dissentin g Opinion serious society s an of Severe Accident P-85-6, NRC 21 of NRC 1043) effectivelolicy y
. Statement n Point, and1043, mistake, and preclude its decision in IThe Commis s mistake. the Commission's such consideration ndian Point (21 y; a
order today m I 6"y d
e t - '
er ly exacerbates thbelieve at a
. g
.Il. M. , .
. :1. -
I i "'
,. a .. > t. ? .
~
. { KJ $ }
- 3. x ,. a ~ .:
% a 1-
', i .- :
'; % *y d ?! j: '
3 ..,.[ ' 2. . ' . .
.I['
- ,y;fy '4
- [ Y., l Q ', );
y t'
lylf4]; ; y,f;,y,>
..f..p
, . ] . $ll- }. y: : y:
' b'{ . ,,. (. ... g= [.
" a.
'p,.; , r :
. ,Wi. . :' ]'-; g ," .+ <
- N' ?ll; . ,
3.yl.;k(?w o
- f. . ;
, /' ' #.
- Qc '*\ , _ ;; 5
', . y,
- f
- w :
-[, b <* R j' '
um~.u p._
y y -