ML20138A885

Petition of Rl Anthony & Friends of the Earth for Leave to Intervene & Request for Hearing

ML20138A885
Person / Time
Site:	Limerick
Issue date:	03/13/1986
From:	Anthony R ANTHONY, R.L., FRIENDS OF THE EARTH
To:	Cole R, Linenberger G, Smith I Atomic Safety and Licensing Board Panel
References
CON-#186-434 OLA-OLA-2, NUDOCS 8603200198
Download: ML20138A885 (2)

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U.S. NUCLFAR REGU LATORY COyJdISSION. . . . ATOMIC SAFETY AND LICENSING BOARD .

DOCHETED RE: PHILA. ELEC. CO. Limerick Gen.Sta. Units 1.& 2. DOCKET 50-%NRC Judges Ivan W. Smith, Chairman, Richard F. Cole,Gustave A. gine g R8SPONSE OF R.L. ANTHONT/F0E TO THE BOARD'S MEMORANDA AND ORDERS OF 3/4 AND 3/6/86, AND PETITION FOR LEAYE TO FILE RESPONSES TO L5fPESOyNttC.., ,

00CMETING 3 g qu' We are in receipt of the orders above and wieh to express oupRANCH appreciation to the Board ecognising the time pressure on us and the Board in relation to the proceedings to do with'the issuance of two amendments. to license NPF-39 by NRC,which are opposed by us. We ac-cept the Boe.rd's instructions on forruat r.nd trust it has n t besu too inconvenienced by our previous submissions.

We s eek to avail ourselves of the opportunity offeredalsoby the Boe.rd to seek leave to file further papers. Our purpose would be to ,

clarify our position in the light of PECo's and the Staff's submies-ions and Mr. S.J.Chilk's letter to us of 3/5/86 (copy enclosed, Att.fl).

We wish to point out to the Board that our case and tha safety of ourselves and the public is being costpromised by the passage: of suc-cessive days beyond the requirsi testing dead 11ase,as the Board pointed out in its order of 3/6/86. We are also unfairly he.apered! by it. Chilk's assertion (3/5/86):

the Commission has mada clear that it will not entertsin requests to stay NRC staff decisions to make amendmente affective before concluston of public proceeding on the amendmente.

Mr.Chilk referred our petition for a s tay to the NHC staff,the same people who fog no significant hazard and issued the aendments. We assert that we ndue another perepective on the etsy issue,and requet,t leave to petition the Board on the basie of the evidence we have sub-mitted,and will a#, to intarv+ce with the Conmiselon for an immedie.te emergency stey t,Aer the Board 's authori ty, as poin ted ou t by PECo in its s tstman t to the Commt es t on (2/25/86), p.C&7, note 8.

If a lic,moing board should determine ,sua syyte or on the tacto of a po'"tioner'e pro:P tha t the amendunt poses a th cest to tha public health and safaty,it s.ould,of course, pro:nytly notify the Co:ntes ton olther infore. ally or by wry of exis ting certification or referral procedurco, i  ?

We believe the B.vtra already ha9 su*ftoient proof to initinte the pro-oedure for an immodlate ,eurgency stay ,but if the B-ard elec ts for us to pe ti tion it,to a+ak this f rom the Commie lon,we ask leave to B603200198 060313 PDR ADOCK 05000352 O PDR Dsa

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thus petition the Board, in keeping with 10 CPR Sec. 2 788, espaci- l ally Seo , 2 788 (g) .

Respectfully submitted,

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Box 186 Moylan, Pa. 1906 l

I certify ceptes by mail to

• I NRC Sec., Docketing, Staff Counsel, PEco, F. Romano ,

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c 'o UNITED STATES

) ,, g NUCLE AR REGULATORY COMMISSION y, **  : c WASHINGTON, D C. 20555

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• • ..* p March 5, 1986 OFFICE OF THE

SECRE TARY Mr. Robert L. Anthony Box 186 ,

Moylan, Pennsylvania 19065

Dear Mr. Anthony:

Pursuant to 10 CFR 2.772, I have referred your motion of February 12, 1986 to the NRC staff for response pursuant to 10 CFR 2.206. In your motion you had requested the Commission to stay the effectiveness of License Amendment No.1 issued by the NRC staff to the Philadelpia Electric Corrpany (Limerick Unit 1). Under the Commission's newly promulgated regulations relating to license amendments, 10 CFR 6 50.58(b)(6), [these amendments have been adopted by the Commission and are expected to be published in the Federal Reg ~ister the week of

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March 3,1986] the Commission has made clhar thaT~1E will not entertain requests to stay NR staff decisions to make license amendments effective before conclusion of public proceedings on the amendments.

Accordingly, the only means available to challenge the staff's action is pursuant to 10 CFR ?.206.

On February 15, 1986, you filed with the Cornission a pleading v.hich contained the contentions that you propose be litigated in the Lirrtrick operating license amendr.:ent procecding. In the plcading you again requested a stay 'of the Limerick oferating license. The contentions should have been filed with the Licensing Board presidirg over the license amendment proceeding. Accordingly, I have referred your pleading to the Licensing Board. To the extent your pleading requests a stay, it has been referred to the NRC staff for response pursut nt to 10 CFR 2.206.

Sin erely,-

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Sanuel J. Chilk Secretary of the Commission cc: Limerick License Amendment No. 1 Service List

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