ML20202G054
| ML20202G054 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 07/10/1986 |
| From: | Conner T CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML20202G058 | List: |
| References | |
| CON-#386-955 OL, NUDOCS 8607150291 | |
| Download: ML20202G054 (2) | |
Text
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~ Os "f$yo M M u M1:10 UNITED STATES OF AMERICA 0FF/cc NUCLEAR REGULATORY COMMISSIOOClf[Tth_g BRA R
Before the Atomic Safety and Licensing Appeal Board In the Matter of
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50-352 0 L Philadelphia Electric Company
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Docket Nos.
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50-353 (Limerick Generating Station,
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Units 1 and 2)
)
LICENSEE'S ANSWER AND SUGGESTION OF LACK OF JURISDICTION OF THE APPEAL DOARD TO CONSIDER FRIENDS OF THE EARTH'S PETITION DATED JUNE 24, 1986 In a pleading dated June 24, 1986, intervenor Friends of the Earth
(" FOE") filed jointly with the Commissioners and the Atomic Safety and Licensing Appeal Board petitioned to reopen offsite emergency planning hearings in the operating license proceeding for the Limerick Generating Station (" Limerick").
On July 9, 1986, the Licensee filed its response to the Commission in which, inter alia, it took the position that only the Commission has jurisdiction over the petition since no phase of the matter in question is now before the Appeal Board.
Although the answer had been served upon the Appeal 1
Board, by a telephone call from a secretary of the Appeal Board, Licensee was advised that it would be considered in default by the Appeal Board unless it filed a pleading, h
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." 0 Accordingly, the Licensee hereby suggests that the Appeal Board has no jurisdiction over the petition for the l
reasons set forth in the " Licensee's Answer To Petition By Friends Of The Earth To Reopen The Record And Request For Sanctions" dated July 9, 1986, which is attached hereto.
In the event the Appeal Board were to conclude that it retains jurisdiction of the matters set forth in the peti-tion, it is respectfully requested that Licensee's answer to I
the petition filed before the Commission be considered its position before the Appeal Board.
Respectfully submitted, CONNER & WETTERHAHN, P.C.
Troy B.
Conner, Jr.
Mark J. Wetterhahn Nils N. Nichols July 10, 1986 i
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