DD-85-18, Discusses 860117 Request for Suspension of License Until Facility in Compliance.Allegations Addressed in Director'S Decision DD-85-18 in Response to 851001 Petition.Petition Failed to Allege Violations of NRC Requirements

Discusses 860117 Request for Suspension of License Until Facility in Compliance.Allegations Addressed in Director'S Decision DD-85-18 in Response to 851001 Petition.Petition Failed to Allege Violations of NRC Requirements

ML20154D197
Person / Time
Site:	Limerick
Issue date:	02/26/1986
From:	Harold Denton Office of Nuclear Reactor Regulation
To:	Anthony R ANTHONY, R.L.
References
CON-#186-198 2.206, DD-85-18, NUDOCS 8603050539
Download: ML20154D197 (3)

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....' FE8 281986 Docket Nos. 50-352/353 i

Mr. Robert L. Anthony Box 186 Moylan, Pennsylvania 19065

Dear Mr. Anthony:

I have received your January 17, 1986, letter to me asking that I find the Philadelphia Electric Company (PEco) in violation of certain conditions of its license NPF-39 authorizing operation of the Limerick Nuclear Generating l Station, Unit 1. You also request that I stay operation of the facility and i suspend the license for the Limerick facility until PECO is in compliance.

The non-compliances you allege are associated with the provisions of the Environmental Protection Plan (EPP) which was a requirement of the Limerick license to assure that activities undertaken by the PECo affecting the environment would receive appropriate review. Non-compliances are alleged to exist because PECo has requested from the Delaware River Basin Commission (DRBC) revisions to use restrictions on water withdrawn from the Schuylkill River for use at the Limerick facility.

I have addressed to10CFR2.206.gisveryissueintwopriorDirector'sDecisionspursuant DD-85-18 was responsive to this very issue raised by you .

in your petition of October 1, 1985. I noted in 00-85-18 that you had failed i to allege any present violations by PECo of any NRC requirements including I license conditions. I noted that the requirements of EPP are triggered at I the time PEco would take any proposed actions and so there could be no non-compliance until the actions were taken. PECo has not taken any of the actions it has proposed to the DRBC. Consequently, there is no need for the NRC to act. I do not intend to issue a formal Director's Decision in this matter as your letter raises no issues which have not been addressed by the referenced previous Director's Decisions.

l  %

Harold R. Denton, Director Office of Nuclear Reactor Regulation E Philadelphia Electric Company (Limerick Nuclear Generating Station, Units 1 and 2), DD-85-8, 21 NRC 1561 (1985); Philadelphia Electric Company (Limerick Nuclear Generating Station, Units 1 and 2), 0D-85-18, NRC (November 12,1985).

9603050539 060226 2 DR ADUCK 050

FEB 2 61986 Docket Nos. 50-352/353 Mr. Robert L. Anthony Box 186 Moylan, Pennsylvania 19065

Dear Mr. Anthony:

I have received your January 17, 1986, letter to me asking that I find the Philadelphia Electric Company (PECo) in violation of certain conditions of its license NPF-39 authorizing operation of the Limerick Nuclear Generating Station, Unit 1. You also request that I stay operation of the facility and suspend the license for the Limerick facility until PECO is in compliance.

The non-compliances you allege are associated with the provisions of the Environmental Protection Plan (EPP) which was a requirement of the Limerick license to assure that activities undertaken by the PEco affecting the environment would receive appropriate review. Non-compliances are alleged to exist because PECo has requested from the Delaware River Basin Commission (DRBC) revisions to use restrictions on water withdrawn from the Schuylkill River for use at the Limerick facility.

I have addressed to 10 CFR 2.206. gisDD-85-18 very issue in two was prior Director's responsive Decisions to this very pursuant issue raised by you in your petition of October 1, 1985. I noted in D0-85-18 that you had failed to allege any present violations by PECo of any NRC requirements including license conditions. I noted that the requirements of EPP are triggered at the time PECo would take any proposed actions and so there could be no non-compliance until the actions were taken. PECo has not taken any of the actions it has proposed to the DRBC. Consequently, there is no need for the NRC to act. I do not intend to issue a formal Director's Decision in this matter as your letter raises no issues which have not been addressed by the referenced previous Director's Decisions.

0:ignd skud M

[ H.R. Dentes J Harold R. Denton, Director Office of Nuclear Reactor Regulation II Philadelphia Electric Company (Limerick Nuclear Generating Station, Units 1 and 2), DD-85-8, 21 NRC 1561 (1985); Philadelphia Electric Company (Limerick Nuclear Generating Station, Units 1 and 2), DD-85-18, NRC (November 12,1985).

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