ML20100L149

Response to Del-Aware Unlimited,Inc 841216 Petition to File Reply to NRC Answer on Review of ALAB-785.Certificate of Svc Encl

ML20100L149
Person / Time
Site:	Limerick
Issue date:	12/10/1984
From:	Wetterhahn M, Wetterhan M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:
References
CON-#484-546 ALAB-785, OL, NUDOCS 8412110471
Download: ML20100L149 (6)

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. USNRC UNITED' STATES OF AMERICA . 84 EC 10. P4:39 NUCLEAR REGULATORY COMMISSION CFFici 00CdETINGOF& SECRET SERvic y(y 3 RANCH i Before the Nuclear Regulatory Commission ,

In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-3520C

) 50-353 d (__

(Limerick Generating Station, )

Units 1 and 2) )

APPLICANT'S RESPONSE TO PETITION BY DEL-AWARE UNLIMITED, INC. TO FILE REPLY TO THE NRC STAFF'S ANSWER ON REVIEW OF ALAB-785 In an undated pleading entitled Petition for Leave to File Reply, served November 26, 1984, intervenor Del-Aware Unlimited, Inc. (" Del-Aware") petitioned for leave to file a reply to the Staff's October 25, 1984 answer opposing Del-Aware's October 10, 1984 Petition for Review of ALAB-7851/ before the Commission. On November 9, 1984, Del-Aware had previously filed what purported to be a reply to the NRC Staff's answer to Del-Aware's petition requesting review of ALAB-785. Del-Aware's instant pleading reiterates its previous request.2/ Del-Aware's petition is 1/ Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), ALAB-785, 20 NRC (1984).

2/ On November 23, 1984, Applicant Philadelphia Electric

' Company filed its Response to Unauthorized Reply by Del-Aware Unlimited, Inc. to the NRC Staff's Answer on Review of ALAB-785

(" Applicant's Response") .

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• u_ .2 1so3

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unauthorized by the Nuclear Regulatory . Commission's regulations, is without merit substantively, and should be

-denied.

The Commission's regulations expressly state in 10 i C.F.R. S2.786 (b) (3) that "[n]o . .. . replies to answers will be entertained by the Commission." Del-Aware here once again seeks to reply to the Staff's opposition to its petition for Commission review, a situation which is covered by the intent of such regulation. For this reason, the petition by Del-Aware is unauthorized and shou;.d be denied.

Moreover, Del-Aware's reply is without merit substantively and should be denied. The Applicant's Response of November 23, 1984 to Del-Aware's previous unauthorized reply, which is incorporated by reference herein, demonstrates that the points sought to be raised are without merit and unrelated to the issues which the Commission is considering for review.3/ Essentially, the record of the proceeding is clear that even if the Limerick P. pray pond (i.e., the ultimate heat sink) were temporarily lost,-adequate makeup water can be provided solely from the Schuylkill River. In rejecring a Del-Aware motion to stay the low power license for Limerick, che Appeal Board 9 - 3_/ Applicant's Response at pages two through four.

v.

concluded, that water from the Point Pleasant diversion is "not needed at all for safe shutdown of the plant."U For the foregoing reasons, Del-Adare's petition should be denied.

Respectfuly submitted, CONNER & WETTERHAHN, P.C.

~

Mark J. Wetterhahn Counsel for Philadelphia-Electric Company December 10, 1984 4/ Limerick, supra, ALAB-785 (slip op, at 8).

.~ . .. . _ - . - .. - .. . -. - . - .

.o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

CERTIFICATE OF SERVIFE I hereby certify that . copies of " Applicant's Response to Petition by Del-Aware Unlimited, Inc. to File Reply to the NRC Staff's Answer on Review of ALAB-785," dated December 10, 1984 in the captioned matter have been served upon the following by deposit in the United States mail this 10th day of December, 1984:

Samuel J. Chilk, Secretary Lando W. Zech, Jr.,

Office of the Secretary Commissioner U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Nunzio J. Palladino, Christine N. Kohl, Chairman Chairman Atomic Safety and Licensing "U.S. Nuclear Regulatory Appeal Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Thomas M. Roberts, Commissioner Dr. Reginald L. Gotchy U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission James K. Asselstine, Washington, D.C. 20555 Commissioner U.S. Nuclear Regulatory Gary J. Edles Commission Atomic Safety and Licensing

, Washington, D.C. 20555 Appeal Board U.S. Nuclear Regulatory Frederick M. Bernthal, commission Commissioner Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l.. . , , . . . . . . . .. .

i . .. _ _ - _ _ _ _ _ _ . - - - _ _

e Helen F.-Hoyt, Esq. Atomic Safety and Licensing Chairperson Appeal Panel Atomic Safety and U.S. Nuclear Regulatory Licensing Board U.S. Commission Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary Dr. Richard F. Cole U.S. Nuclear Regulatory Atomic Safety and Commission Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Ann P. Hodgdon, Esq.

Washington, D.C. 20555 Counsel ~for NRC Staff Office of the Executive Dr. Jerry Harbour Legal Director Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission Washington, D.C.

U.S. Nuclear Regulatory 20555 Commission Washington, D.C. 20555 Angus Love, Esq.

Atomic Safety and Licensing 107 East Main Street Board Panel Norristown, PA 19401 U.S. Nuclear Regulatory Commission Robert J. Sugarman, Esq.

Washington, D.C. 20555 Sugarman, Denworth &

Hellegers Philadelphia Electric Company 16th Floor, Center Plaza ATTN: Edward G. Bauer, Jr. 101 North Broad Street Vice President & Philadelphia, PA 19107 General Counsel 2301 Market Street Director, Pennsylvania Philadelphia, PA 19101 Emergency Management Agency Basement, Transportation Mr. Frank R. Romano and Safety Building 61 Forest Avenue Harrisburg, PA 17120 Ambler, Pennsylvania 19002 Martha W. Bush, Esq.

Mr. Robert L. Anthony Kathryn S. Lewis, Esq.

Friends of the Earth of City of Philadelphia the Delaware Valley Municipal Services Bldg.

106 Vernon Lane, Box 186 15th and JFK Blvd.

Moylan, Pennsylvania 19065 Philadelphia, PA 19107

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Charles W. Elliott, Esq. Spence W. Perry, Esq.

325 N. 10th Street Associate General Counsel Easton, PA 18042 Federal Emergency Management Agency Phyllis Zitzer, Esq. 500 C Street, S.W., Rm. 840 Limerick Ecology Action Washington, DC 20472 P.O. Box 761 762 Queen Street Thomas Gerusky, Director Pottstown, PA 19464 Bureau of Radiation Protection Zori G. Ferkin, Esq. Department of Environmental Assiatant Counsel Resources Commonwealth of Pennsylvania 5th Floor, Fulton Bank Bldg.

' Governor's Energy Council Third and Locust Streets 1625 N. Front Street Harrisburg, PA 17120 Harrisburg, PA 17102 James Wiggins Jay M. Gutierrez, Esq. U.S. Senior Resident Inspector Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 631 Park Avenue P. O. Box 47 King of Prussia, PA 19406 Sanatoga, PA 19464 Timothy R.S. Campbell Mr. Ralph Hippert Director Pennsylvania Emergency Department of Emergency Management Agency Services B151 - Transportation 14 East Biddle Street Safety Building West Chester, PA 19380 Harrisburg, PA 17120 Mazy ~JJWetterhahn

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