ML19332D583

Intervenors Motion to Have Aslab Assert Jurisdiction Over Contentions Filed W/Aslb But Which ASLB Failed to Address Prior to ASLB Initial Decision Docketed 891113.* Supporting Info & Certificate of Svc Encl

ML19332D583
Person / Time
Site:	Seabrook
Issue date:	11/15/1989
From:	Traficonte J MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#489-9465 ALAB-924, OL, NUDOCS 8912040173
Download: ML19332D583 (11)

Text

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W 9465: '

t-UNITED STATES OF AMERICA ennq u'e i NUCLEAR REGULATORY COMMISSION ' Eb' ATOMIC SAFETY AND LICENSING APPEAL BOARD

• es _ NDV 17 AB:17 Before Administrative Judges: >

G. Paul Bollwerk, Chairman '

Alan S. Rosenthal' Howard A. Wilber ~!

~

)

In the Matter of ) Docket Nos. 50-443-OL ,

) 50-444-OL PUBLIC SERVICE COMPANY )

OF NEW HAMPSHIRE, ET AL. )

)

(Seabrook Station, Units 1 and 2) ) November 15, 1989 '

)

n INTERVENORS' MOTION TO HAVE THIS APPEAL BOARD ASSERT JURISDICTION OVER CONTENTIONS FILED

' WITH THE LICENSING BOARD BUT WHICH THE LICENSING BOARD FAILED TO ADDRESS PRIOR TO ITS INITIAL DECISION DOCKETED NOVEMBER 13, 1989 +

The Massachusetts Attorney General, the New England Coalition on Nuclear Pollution and the Seacoast Anti-Pollution League (the "Intervenors") move this Appeal Board to assert jurisdiction over two sets of issues previously put before the Seabrook Licensing Board in the form of Intervenor motions to l

admit contentions regarding: 1) the insufficient scope of the required September 1989, onsite exercise, and 2) the Applicant's loss of an EBS-capacity supporting its utility plan for Massachusetts.1/ In support of this motion, Intervenors state:

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1 1/ Attached hereto are the first pages of the following ~

pleadings which Intervenors seek to file with this Board nunc DIS tunc: 1) Intervenors' September 29 Motion to Admit Scope Contentions on the September 27 Onsite Exercise;

2) Intervenors' October 13 Second Motion on Scope; 3)

Intervenors' October 16 Motion to Amend their September 29 and October 13 Motions; 4) Intervenors' October 18 Motion for Summary Disposition on Scope, and 5) Intervenors' November 9 Motion to Reopen the SPMC Hearing and Admit an EBS Contention.

" 3 8912040173 891115 PDR ADOCK 05000443 9 ._ PDR , _

F..

1. - On Fovember 13, 1989, the Seabrook Licensing Board i

issued its initial decision and authorized the issuance of a '

full power license.

2. Under NRC regulations, the jurisdiction of that Board 1 to reopen the record terminated with the issuance of that initial decision. 10 CFR-2.721(d) and 2. 718 (j ) .

3. Intervenors' November 9 Motion to Reopen the Record i regarding the loss by the Applicantslof an EBS-capacity supporting their utility plan for Massachusetts can no longer be heard by that Board.

4. Intervenors also timely challenged the scope of the required prelicensing onsite exercise held on September 27, 1989. Intervenors asserted that their challenges to that ,

exercise and its compliance with the regulations was material to any decision to issue a full power license. The lower Board authorized license issuance on November 13 without in any fashion dealing with these scope challenges.

5. As a result of its decision authorizing license issuance, the lower Board da facto ruled that no matter what i i

merits determination on these issues it might make in future, i

these issues are not material to the present licensing of Seabrook. That dg facto judgment will be before this Board upon appeal and full review of the lower Board's November 13, l

1989 initial decision. Ancillary to that review, this Board should assert jurisdiction directly over the admissibility of

(, these contentions and decide to admit or deny them in the first instance.

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6. Because the lower Board no longer has jurisdiction to reopen the record as sought by Intervenors' in their EBS j pleading, and has already ruled da facto that the Intervenors' ,

scope challenges are not material to a_ full power license -

(which issue will be befree this Board on review), this Board should assert jurisdiction on both of these sets of issues and i itself decide these outstanding motions leaving the lower Board to its now properly c!rcumscribed function of: 1) addressing  :

remanded NHRERP issues pursuant to ALAB-924 and; 2) providing

• an explanation for its November 13 license authorization notwithstanding ALAB-924.

Respectfully submitted,.

JAMES M. SHANNON '

ATTORNEY GENERAL s l l r lPAft( xL M p Traficonte

/ Assistant Attorney General

( Ckief, Nuclear Safety Unit

-One Ashburton Place, Room 1915 Boston, MA 02109  ;

(617) 727-2200 l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l

.i ATOMIC SAFETY AND LICENSING BOARD Before the Administrative Judges:  !

Ivan W. Smith, Chairman $

Dr. Richard F. Cole

, Kenneth A. McCollom

)

In* the Matter of ) Docket Nos. 50-443-OL '

) 50-444-OL PUBLIC SERVICE COMPANY ) (Off-Site EP)

OF NEW HAMPSHIRE, EI &L. )

)

(Seabrook Station, Units 1 and 2) ) September 28, 1989

)

INTERVENORS' MOTION TO ADMIT CONTENTIONS ON THE SEPTEMBER 27, 1989 EMERGENCY PLAN FYFRCISE

.The Massachusetts Attorney General (Mass AG ), Seacoast ,

'Z_ Anti-Pollution League, (SAPL), and New England Coalition on Nuclear Pollution (NECNP), (hereinafter "Intervenors",) moves this Board to admit for litigation in the above captioned p'roceedings the Contention filed herewith as Attachment A.

This motion is filed pursuant to $189(a) of the Atomic Energy j Act and is founded upon the grounds set forth below. The 1 L

l Intervenors move this Board to permit them to have a hearing on L I L AIL issues raised by the Contention and to permit them to engage  !

1 in any discovery necessary to prepare for such hearing. The 1

Intervenors further request that the hearing on this Contention <

l take place and a decision by this Board be rendered prior to l the issuance of any full power license to Seabrook Station.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD ,

Before the Administrative Judges: 4 Ivan W. Smith, Chairman Dr. Richard F. Cole Kenneth'A. McCollom i

)

In the Matter of )

Docket Nos. 50-443-OL

) 50-444-OL PUBLIC SERVICE COMPANY )

OF NEW HAMPSHIRE, ET AL. )

(On-site Exercise)

)

(Seabrook Station, Units 1 and 2) ) October 13, 1989

_)

INTERVENORS' SECOND MOTION TO ADMIT CONTENTIONS ON THE SEPTEMBER 27, 1989 EMERGENCY PLAN EXERCISE The Massachusetts Attorney General (Mass AG ), Seacoast Anti-Pollution League, (SAPL), and New England Coalition on Nuclear Pollution (NECNP), (hereinafter "Intervenors",) move this Board to admit additional bases to the contention filed on September 29, 1989 ("JI-Onsite Ex-1") and a new Contention

("JI-Onsite Ex-2") both filed herewith as Attachment A.

INTRODUCTION on September 27, 1989 the Applicants conducted an exercise of the Seabrook Station Radiological Emergency Plan (SSRERP).

The standard against which that exercise must be evaluated is Whether the exercise demonstrated that the SSRERP can be

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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before the Administrative Judges:

r Ivan W. Smith, Chairman Dr. Richard F. Cole  ;

Kenneth A.'McCollom "

i

)

In the Matter of ) Docket Nos. 50-443-OL

) 50-444-OL PUBLIC SERVICE COMPANY )

OF NEW HAMPSHIRE, ET %. )

)

(Seabrook Station, Units 1 and 2) ) October 16, 1989

)

INTERVENORS' MOTIONS OF SEPTLMBER MOTION TO AMEND INTERVENORS' 29, 1989 AND OCTOBER 13, 1989 TO ADMIT CONTENTIONS ON THE SEPTEMBER 27, 1989 '

ONSITE EMERGENCY PLAN EXERCISE The Mass AG, SAPL, and NECNP (hereinafter "Intervenors")

move this Board to accept, Nunc Pro Tunc_, Intervenors' further legal argument 1/

for admission of Intervenors' contentions on the September 27,.1989 Onsite Emergency Plan Exercise

(" Contentions")2! that demonstrates the contentions should be admitted even if this Board determines that Intervenors must satisfy the reopen the record standard of 10 C.F.R. 2.734.

i 1/

This further argument is filed herewith as " Attachment A."

2/

See Intervenors' September 27, 1989 Motion to Admit Contentions on the Emergency Plan Exercise dated September 29 ,

1989 and27, September Intervenor's Second Motion to Admit Contentions on the 1989. 1989 Emergency Plan Exercise dated October 13,

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t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '

ATOMIC SAFETY AND LICENSING BOARD .

Before the Administrative Judges:

' Ivan W. Smith, Chairman '

Dr. Richard F. Cole Kenneth A. McCollem i.

i .'

)

In the Matter of ) Docket Hos. 50-443-OL

) 50-444-OL -

PUBLIC SERVICE COMPANY .) l OF NEW HAMPSHIRE, EI AL. ) ,

)

(Seabrook Station, Units 1 and 2) ) October 18, 1989

)

INTERVENORS' MOTION FOR

SUMMARY

DISPOSITION 4 ON CONTENTIONS JI-ONSITE EX-1 AND JI-ONSITE EX-2 e

Now come the Massachusetts Attorney General, Seacoast Anti-Pollution League, and New England Coalition on Nuclear Pollution (hereaf ter "Intervenors"), pursuant to 10 CFR 52.749, and move this Board to enter summary disposition in Intervenors' L i favor on Intervenor contentions JI-Onsite Ex-1 and JI-Onsite i Ex-2, L

(" Contentions") filed September 29, 1989 and October 13, 1989, respectively, on the grounds that there is no genuine issue of material fact in dispute, and Intervenors are entitled l

to summary disposition on these contentions as a matter of "

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, n UNITED STATES OF AMERICA c NUCLEAR REGULATORY COMMISSION

! ATOMIC SAFETY AND LICENSING BOARD Before the Administrative Judges:

Ivan W. Smith, Chairman Dr. Richard F. Cole Kenneth A. McCollom

)

In the Matter of ) Docket Nos. 50-443-OL

) 50-444-OL PUBLIC SERVICE COMPANY )

OF NEW HAMPSHIRE, EI AL. )

)

(Seabrook Station, Units 1 and 2) ) November 9, 1989

_)

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INTERVENORS' MOTION TO ADMIT A LATE FILED CONTENTION L AND REOPEN THE RECORD ON THE SPMC BASED UPON THE WITHDRAWAL OF THE MASSACHUSETTS E.B.S. NETWORK AND WCGY The Massachusetts Attorney General (" Mass AG"), Seacoast i

l Anti-Pollution League ("SAPL"), and New England Coalition on Nuclear Pollution ("NECNP"), (hereinafter "Intervenors"), move this Board to admit for litigation in the above-captioned proceedings the contention filed herewith as Attachment A and reopen the record in the proceeding on the Seabrook Plan for -

l Massachusetts Communities ("SPMC"). This motion is filed pursuant to ll89(a) of the Atomic Energy Act and is founded upon the grounds set forth below. The Intervenors also request that this Board permit them to have a hearing on all issues raised by this contention and engage in any discovery necessary to prepare for such a hearing.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AllD LICENSING APPEAL BOARD Before Administrative Judges:

G. Paul Bollwerk, Chairman Alan S. Rosenthal Howard A. Wilber

)

In the Matter of ) Docket Nos. 50-443-OL

) 50-444-OL PUBLIC SERVICE COMPANY )

OF NEW HAMPSHIRE, ET AL. )

)

(Seabrook Station, Units 1 and 2) ) November 15, 1989

)

CERTIFICATE OF SERVICE I, John Traficonte, hereby certify that on November 15, 1989, I made service of the enclosed INTERVENORS' MOTION TO HAVE THIS APPEAL BOARD ASSERT JURISDICTION OVER CONTENTIONS FILED WITH THE LICENSING BOARD BUT WHICH THE LICENSING BOARD FAILED TO ADDRESS  ;

PRIOR TO ITS INITIAL DECISION DOCKETED NOVEMBER 13, 1989 by Federal Express as indicated by (*), and by first class mail to:

Ivan W. Smith, Chairman Kenneth A. McCollom Atomic Safety & Licensing Board 1107 W. Knapp St.

U.S. Nuclear Regulatory Commission Stillwater, OK 74075 s East West Towers Building 4350 East West Highway '

Bethesda, MD 20814 Dr. Richard F. Cole Robert R. Pierce, Esq.

Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 )

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• Docketing and Service

• Thomas G. Dignan, Jr.

U.S. Nuclear Regulatory Commission Ropes & Gray l Washington, DC- 20555 One International Place Boston, MA 02110 ,

l

• Mitzi A. Young, Esq. Phillip Ahrens, Esq. .

Edwin J. Reis, Esq. Assistant Attorney General U.S. Nuclear Regulatory Commission Department of the Attorney General J Office of the General Counsel Augusta, ME 04333 11555 Rockville Pike, 15th Floor Rockville, MD 20852 H. Josepo Flynn, Esq. Atomic Safety & Licensing Assistant General Counsel Appeal Board office of General Counsel U.S. Nuclear Regulatory Commission Federal Emergency Management Washington, DC 20555 Agency 500 C Street, S.W.

Washington, DC 20472 Robert A. Backus, Esq. Atomic Safety & Licensing Board Backus, Meyer & Solomon U.S. Nuclear Regulatory Commission 116 Lowell Street Washington, DC 20555 P.O. Box 516 Manchester, NH 03106 Jane Doughty Dianne Curran, Esq.

Seacoast Anti-Pollution League Harmon, Curran & Towsley Five Market Street Suite 430 Portsmouth, NH 03801 2001 S Street, N.W.

Washington, DC 20008 Barbara St. Andre, Esq. Judith Mizner, Esq.

Kopelman & Paige, P.C. 79 Stato Street 77 Franklin Street Second Floor  ;

Boston, MA 02110 Newburyport, MA 01950 Charles P. Graham, Esq. R. Scott Hill-Whilton, Esq.

Murphy & Graham Lagoulis, Hill-Whilton & Rotondi 33 Low Street 79 State Street Newburyport, MA 01950 Newburyport, MA 01950 Ashod N. Amirian, Esq. Senator Gordon J. Humphrey 145 South Main Street U.S. Senate P.O. Box 38 Washington, DC 20510 Bradford, MA 01835 (Attn: Tom Burack)

Senator Gordon J. Humphrey John P. Arnold, Attorney General One Eagle Square, Suite 507 Office of the Attorney General Concord, NH 03301 25 Capitol Street (Attn: Herb Boynton) Concord, NH 03301 J.

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Paul McEachern, Esq. William S. Lord Shaines & McEachern Board of Selectmen 25 Maplewood Avenue Town Hall - Friend Street Portsmouth, NH 03801P.O. Box 360 Amesbury, MA 01913

• G. Paul Bollwerk, Chairman

• Alan S. Rosenthal Atomic Safety & Licensing Atomic Safety & Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 10555 Washington, D.C. 10555

• Howard A. Wilber i Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 10555 Respectfully submitted, JAMES M. SHANNON ATTORNEY GENERAL

, , - !md.-

ohn Traficonte Apsistant Attorney General Department of the Attorney General

.. One Ashburton Place Boston, MA 02108 (617) 727-2200 Dated: November 15, 1989

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