ML19337A913
| ML19337A913 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/29/1980 |
| From: | Tompkins B NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
| References | |
| CLI-80-33, NUDOCS 8010010005 | |
| Download: ML19337A913 (3) | |
Text
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S UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 0
ATOMIC SAFETY AND LICENSING APPEAL BOARD Alan S.
Rosenthal, Chairman Dr. John H. Buck
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY OF
)
NEW HAMPSHIRE, et al.
) Docket Nos. 50-443
)
50-444 (Seabrook Station, Units 1 and 2)
)
)
)
ORDER September 29, 1980 On September 25, 1980, the Commission acted upon the petition of the New England Coalition on Nuclear Pollution for review of this Board's determinations on the seismic issues presented in this construction permit proceeding.
CLI-80-33, 12 NRC By a divided vote, the Commission ordered us to reopen the record to take further evidence on certain of those issues:
(1) the " factual validity" of.the hypothesis underlying the conclusion reached by
-1/
See ALAB-422, 6 NRC 33, 54-65 (1977) and ALAB-561, 10 NRC 410, 436-a - 436-h (1979).
Mr. Farrar's dissenting views appear in summary form at 6 NRC 111-13 and are detailed at 10 NRC 411-16, 420-35.
801001ooog p
?
i Coalition witness Dr. Michael Chinnery that the likelihood of an intensity IX earthquake at the Seabrook site is approx-
-3 imately 10
/yr; and (2) whether the NRC staff's methcdology for correlating vibratory ground motion (acceleration) is consistent with the terms and requirements of Appendix A to 10 CFR Part 100.
Following the receipt of that evidence, we are to reconsider our prior rulings on those matters.
Id.
at (slip opinion, pp. 3-4).
We intend to proceed with the remand as expeditiously as the other business before us will permit.--2/
To this end, the appropriate first step would appear to be to ascertain the nature and scope of the additional evidence which the parties propose to adduce on the issues identified by the Commission as warranting further exploration.
Each party is to advise us in this regard by memorandum filed no later than October 17, 1980.
The memorandum is also to set forth.that party's best present estimate as to when it will be able to furnish that evidence in the form of written prepared testimony.
In arriving at their estimates, the parties are to bear in mind our desire i
2/
Last month, Mr. Farrar resigned his position as a permanent legal member of the Appeal Panel and simultaneously with-
~~
drew from all but one of the appeal boards to which he was then assigned.
Prior to the commencement of the evidentiary hearing,another Appeal Panel member will be assigned to this Board in his stead.
For the time being, the two remaining members of the Board will act under the quorum rule.
- to move the proceeding along without avoidable delay.
Once the memoranda are in hand, this Board will deter-mine the necessity for a prehearing conference.
Any such conference will be held, if possible, by telephone so as to conserve the time of the participants.-3/
It is so ORDERED.
FOR THE APPEAL BOARD L_, d_ k.
d n
Barbara A. Tompkins' Secretary to the Appeal Board 3/
It is our present contemplation that the hearing will be
~
hel~, in New Hampshire.
Should the parties reach agreement that some different location'(e.g., Bethesda) would be preferable, we will entertain a suggestion to that effect.
.