ML19332F890
| ML19332F890 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/30/1989 |
| From: | Bachmann R NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#489-9551 ALAB-924, LBP-89-32, LBP-89-33, OL, NUDOCS 8912190262 | |
| Download: ML19332F890 (6) | |
Text
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11/30/89
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UNITED STATES OF AMERICA
'89 D[C -l A9 49 NUCLEAR REGULATORY COMMISSION j
mLi:p BEFORE THE ATOMIC SAFETY AND LICENSING BOARD j
In the Matter of i
Docket Nos. 50-443 OL 1
PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, g al.
Off-site Emergency Planning i
(Seabrook Station, Units 1 and 2)
NRC STAFF RESPONSE TO INTERVENORS' REQUEST FOR HEARING ON THE APPLICATION OF 10 C.F.R. 6 50.57(c)(1) TO THE NHRERP On November 15, 1989, Intervenors filed their Request for Hearing Regarding Any Determination That a Seabrook Full Power License May Be AuthorizedBasedon50.47(c)(1)(" Request"), stating:
To the extent this Board is inclined to explain...that its authorization was pursuant to that regulation....
Intervenors demand a hearing be EeTron all findings
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to such application of 50.47(c)(1) to the necessary(emphasis in original).
NHRERP.
Request at"5.
The genesis of Intervenors' Request is their belief that the Licensing Board might apply 10 C.F.R. 6 50.47(c)(1) 1/ o the New t
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10 C.F.R. 50.47(c)(1) reads in pertinent part:
Failure to meet the applicable standards set forth in paragraph (b) of this section may result in the Commission declining to issue an operating license; however, the applicant will have an opportunity to demonstrate to the satisfaction of the Commission that deficiencies in the plans are not (Footnote continued on next page) 8912190262 891130 PDR ADOCK 05000443 O
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i t, Hampshire Radiological Energency Response Plan ("NHRERP") in order to i
authorize the Seabrook license in its Partial Initial Decision (Seabrook Plan For Massachusetts Communities and 1988 FEMA Graded Exercise),
l LBP-89-32(Slipopinion, November 9,1989).E/
The Licensing Board did not apply 50.47(c)(1) to the remanded issues.
InLBP-89-33(Slipopinion, November 20,1989), the Licensing Board i
determined that each of the remanded issues of ALAB-924 could be resolved without further litigation, and without applying the exceptions of 50.47(c)(1)inordertomakethatdetermination. The subject request thus has no basis in fact and should be denied.
Further, Intervenors have no right to additional litigation on the relevance of 10 C.F.R. 6 50.47(c)(1). They have long been on notice that all of the provisions of the Comission's emergency planning regulation were relevant, and that the Licensing Board was to consider the (Footnote continued from previous page) significant for the plant in question, that adequate interim compensating actions have been or will be taken promptly, or that there are other compelling reasons to permit plant operations.
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Intervenors base their belief on a statement made by the Appeal Board Order of November 14, 1989, in response to Intervenors' November 13,
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1989 Motion to Vacate Those Portions of LBP-89-32 Authorizing Issuance of a Seabrook Operating License (" Motion"), wherein the Appeal Board stated (at 2):
In this light, our consideration of intervenors' motion can and should await the Licensing Board's promised explanation of the reasons why licensing authorization is appropriate, which undoubtedly will include some exp(lanation of the relevance of 10C.F.R.650.47(c)1).
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1 sufficiency of emergency planning under all the provisions of that regulation. Their claim that there was a need for special notice pointing to a particular subsection, or that they have a right to additional J
l hearings'because a decision might be made under that subsection is j
specious. 3/
For the above stated reasons, the request should be denied, i
Respectfully submitted, o
Richard G. Bachmann l
Counsel for NRC Staff I
Dated in Rockville, Maryland this 30th day of November, 1989 i
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This is particularly so since the Seabrook Plan for Massachusetts Communtties (SPMC) was long being considered under this subFdCtion.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'89 DEC -1 A9 :49 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket Nos. 502443 OL,:
PUBLIC SERVICE COMPANY OF 50-444 OL NEWHAMPSHIRE,etal.
Off-site Emergency Planning (Seabrook Station, Units 1 and Pi CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO INTERVENORS' REQUEST FOR HEARING ON THE APPLICATION OF 10 C.F.R. 6 50.57(c)(1) TO THE NHRERP" in the above captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, as indicated by double asterisks, by express mail, this 30th day of November 1989:
Ivan W. Smith. Chairman (2)*
Philip Ahrens, Esq.
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nu. lear Regulatory Comission State House Station l
Washiagion, DC 20555 Augusta ME 04333 Kichard F. Cole
- John Traficonte, Esq.**
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Comission One Ashburton Place, 19th Floor Washington, DC 20555 Boston, MA 02108 I
Kenneth A. McCollom**
Geoffrey Huntington, Esq.**
l Administrative Judge Assistant Attorney General l
1107 West Knapp Street Office of the Attorney General Stillwater OK 74705 25 Capitol Street l
Concord, NH 03301 Thomas G. Dignan, Jr., Esq.**
Robert K. Gad, III, Esq.
Diane Curran, Esq.**
Ropes & Gray Harmon, Curran & Tousley One International Place 2001 S Street, NW Boston, MA 02110-2624 Suite 430 Washington, DC 20009 Robert A. Backus, Esq.**
Backus, Meyer & Solomon l
116 Lowell Street 4
kanchester, NH 03106 l
m e f H. J. Flynn, Esq.
Judith H. Mizner, Esq.
Assistant General Counsel 79 State Street Federal Emergency Management Agency Newburyport, MA 01950 500 C Street, S.W.
Washington. DC 20472 Robert Carrigg, Chairman Board of Selectmen Paul McEachern, Esq.**
Town Office
$haines & McEachern Atlantic Avenue 25 Maplewood Avenue' North Hampton, NH 03862 P.O. Box 360-Portsmouth, NH 03801 William S. Lord Board of Selectmen-Sandra Gavutis, Chairman Town Hall - Friend Street Board of Selectmen Amesbury, MA 01913 RFD #1, Box 1154 Kensington, NH 03827 Mrs. Anne E. Goodman, Chairman Board of Selectmen Calvin A. Canney 13-15 Newmarket Road City Hall Durham, NH 03824 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801 Hon. Gordon J. Humphrey R. Scott Hill-Whilton, Esq.
United States Senate Lagoulis, Clark, Hill-Whilton 531 Hart Senate Office Building
& McGuire Washington, DC 20510 79 State Street 4
Newburyport, MA 01950 Richard R. Donovan Federal Emergency Management Allen Lampert Agency Civil Defense Director Federal Regional Center Town of Brentwood 130 228th Street S.W.
20 Franklin-Bothell, Washington 98021-9796 Exeter, NH 03833 Peter J. Matthews, Mayor William Armstrong City Hall Civil Defense Director Newburyport, MA 01950 Town of Exeter 10 Front Street Michael Santosuosso, Chairman l
Exeter NH 03833 Board of Selectren South Hampton, NH 03827 Gary W. Holmes, Esq.
Holmes & Ellis Ashod N. Amirian, Esq.
47 Winnacunnet Road Town Counsel for Merrimac Hampton, NH 03842 145 South Main Street P.O. Box 38 Bradford, MA 01835 Barbara J. Saint Andre, Esq.
Kopelman and Paige, P.C.
77 Franklin Street Boston, MA 02110
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.c 3-Ms. Suzanne Breiseth J. P. Nadeau Board of Selectmen Board of Selectmen Town of Hampton Falls 10 Central Street Drinkwater Road Rye. NH 03870 Hampton Falls, NH 03844 Atomic Safety and Licensing Robert R. Pierce, Esq.*
Board Panel (1)*
Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Office of the Secretary (2)*
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, DC 20555 Appeal Panel (6)*
Attn:
Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, DC 20555
=_
chard G. Bachmann Counsel for NRC Staff 6
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