ML19344B487
| ML19344B487 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/17/1980 |
| From: | Lessy R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8010210249 | |
| Download: ML19344B487 (6) | |
Text
10/17/80 fr UNITED STATES OF AMERICA NUCLEAR REGULATORY CO MISSION BEFORE THE ATOMIC SAFETY AND LICENSING A) PEAL BOARD In the Matter of -
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443 NEW HAMPSHIRE, et al.
)
50-444 (Seabrook Station, Units 1 and 2)
)
MEMORANDUM 0F THE NRC STAFF IN RESPONSE TO APPEAL BOARD ORDER OF SEPTEMBER 29, 1980 TO IDENTIFY NATURE, SCOPE, AND TIMING OF TESTIMONY ON REMANDED SEISMIC ISSUES On September 29, 1980, the-Appeal Board issued an Order which requested each party to this proceeding to file a memorandum advising this Appeal Board of:
1.
the nature and scope of the additional evidence which each party proposes to adduce on the seismic issues identified by the Commission in its Order of September 25, 1980_1/
as warranting further explanation, and 2.
each party's best present estimate as to the date on which that evidence can be filed, bearing in mind the Appeal Board's desire to proceed as expeditiously as possible.
The.Staf f will 'present expert testimony on the following issues in accordance with the Commission's Order of September 25, 1980:
1.
a.
Whether Dr. Chinnery's hypothesis that there is an empirical relationship between earthquake intensity and earthquake recurrence time has factual validity. 2/
SPublic Service Company of New Hampshire, et al. (Seabrook Station, Units 1 and 2), CLI-80-33, 12 NRC (September 25,1980).
-/Id., pp.'3-4.
-8010210:24.9'
'l b..
If so, what is the impact of the application of Dr. Chinnery's methodology to the present seismic design of Seaorook as intensity VIII,.25G, Reg. Guide 1.60.
2.
Whether the Staff's methodology for correlating vibratory ground motion (acceleration) is consistent with Appendix A to 10 C.F.R. Part 100.
While the second issu'e which the Staff plans to address follows closely the Appeal Board's delineation of that issue in its September 29, 1980 Order, the Staff proposes' to bifurcata its presentation with respect to Dr. Chinnery's methodology in order to:
(1) facilitate the presentation of expert testimony, (ii) directly address the relationship between Dr. Chinnery's probabilistic analysis and the seismic design of the Seabrook nuclear power plant, 3/ and (iii) consider in an evidentiary hearing Dr. Chinnery's views concerning the probability of the occurrence of earth-quakes in the region greater than intensity VIII, in-cluding-intensity IX and greater earthquakesg The-Staff presently intends to present testimony on issue l.a. that will include a discussion-of the " factual validity" of Dr. 'Chinnery's methodology and other similar probabilistic analyses.
Such testimony will be principally seismo-logical in nature, but may also include expert geological testimony. The Staff's. testimony - on issue 1.b.
will include expert structural engineering kt should be noted that the NECNP petition for Commission review as stated
' by the Commission in the first sentence of its September 25th Order con-cerned '!the seismic design of the Seabrook nuclear plant."
-4/ ee, e_.g. the transcript'of the " Nuclear Regulatory Commission Public S
~
Meeting, _0ral Presentation In Seabrook Seismic Issue," at pp.17-23.
. testimony,jas well as seismological and geological testimony. The Staff's testi-many on issue 2 will be a combination of seismological, geological, and structural.
engineering testimony. Needless to say, as the Appeal Board noted in the September 29th Order, this outline of testimony is based upon that which the Staff " proposes to adduce" at this time. The Staff presently contemplates filing written expert testimony which will contain a discussion of articles and te.hnical documents attached to said testimony. The Staff's best estimate as to the earliest completion date for the filing of such testimony is February 15, 1981.
Whether a prehearing conference is held telephonically or otherwise, the Staff believes that the agenda should include the order of evidentiary pre-sentation pursuant to 10 C.F.R. 52.731 of the Comnission's Rules of Practice, the scope of fonnal or informal discovery, if any, which the Board contemplates,S the nature of rebuttal testimony, as well as se.heduling matters.
Finally, with respect to the location of the evidentiary he? rings, since the Staff has been advised by NECNP that it desires that the hearings be held in New Hampshire, the Staff does not object to that location.
Respectfully submitted, (7fLr s
RoyP.Less[
Counsel for NRC Staff Dated at Bethesda, Maryland this.17th day of. October,- 1980 S n this regard, the Staff notes that it has already received an informal I
oral request for selected documents.
t
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMftISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOA 3 In the Matter of PUBLIC SERVICE COMPANY OF-
)
Docket Nos. 50-443 NEW HAMPSHIRE, E_T _A_L
)
50-444
)
(SeabrookStation, Units 1
)
and 2)
)
NOTICE OF APPE.ARANCE 4
Notice is hereby given that the undersigned attorney herewith enters an appearance' in the captioned matter.
In accordance with 52.713,10 CFR Part 2, the following infonnation is provided-i Name
- Roy P. Lessy Address
- Office of the Executive Legal Director
.U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Telephone Number
- (301) 492-7992 Admissions
- District of Columbia Court of Appeals U.S. District Court, District of Columbia Circuit U.S. Court of Appeals for the District of Columbia Circuit Name of Party
- NRC Staff U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Roy P.ILessy g
t Counsel for NRC Staff Dated at Bethesda, Maryland this 17th day.of October,1980 :
s
i
-4 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0ltilSSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter ~of PUBLIC SERVICE COMPANY OF Docket Nos. 50-443 NEW HAMPSHIRE, et al, 50-444 (Seabrook Station, Units 1 and2)
,CERTIFICATEOFSE2VICE I hereby certify that copies of " MEMORANDUM OF THE NRC STAFF IN RESPONSE TO APPEAL BOARD ORDER OF SEPTEMBER 29, 1980 TO IDENTIFY NATURE, SCOPE, AND i-TIMING OF TESTIMONY ON REMANDED SEISMIC ISSUES" and " NOTICE OF APPEARANCE" of Roy P. Lessy 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, through deposit in the Nuclear Regulatory Coamission's internal mail system, this 17th day of October,1980:
3 Alan S. Rosenthal, Esq., Chairman
- Joseph F. Tubridy, Esq.
Atomic Safety and Licensing 4100 Cathedral Avenue, N.W.
Appeal Board Washington, D.C.
20016 U. S. Nuclear Regulatory Commission Wasnington, D. C.
20555 Dr. John H. Buck
- Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Ernest 0. Salo Professor of Fisheries Research Michael C. Farrar, Esq.*
Institute Atomic Safety and Licensing College of Fisheries
-Appeal Board University of Washington -
U. S. Nuclear Regulatory Commission Seattle, Washington 98195.
Washington, D.C.
20555 Dr. Kenneth A. McCollom Ivan W. Smith, Esq.*
1107 West Knapp Street Atomic Safety and Licensing Stillwater, Oklahoma ~4074 Board Panel U.- S. Nuclear Regulatory Commission Washington, D.C, 20555 u
4 Robert A. Backus, Esq.
Karin P. Sheldon, Esq.
O'Neill, Backus,. Spielman, Little Sheldon, Harmon, Roisman & Weiss 116 Lowell Street 1725 I Street, N.W.
Manchester, New Hampshire 03101 Suite 506 Washington, D.C.
20006 Thomas G. Dignan, Jr., Esq.
John A. Ritsher, Esq.
Atomic Safety and Licensing Ropes & Gray Board Panel *~
225 Franklin Street U.S. Nuclear Regulatory Comission Boston, Massachusetts 02110 Washington, D.C.
20555 Norman Ross, Esq.
/tomic Safety and Licensing 30 Francis Street Appeal Board
- Brookline, Massachusetts 02146 l.S. Nuclear Regulatory Comission Washington, D.C.
20555 E. Tupper Kinder, Esq.
Assistant Attorney General Docketing and Service Section*
Office of Attorney General Office of the Secretary State House Annex U.S. Nuclear Regulatory Comission Room 208 Washing'.cn, D.C.
20555 Concord, New Hampshire 03301 Ms. Elizabeth H. Weinhold Laurie Burt, Esq.
3 Godfrey Avenue Assistant Attorney General Hampton, NH 03842 Comonwealth of Massachusetts Environmental Protection Division One Ashburton Place 19th Floor Boston, Massachusetts 02108 William C. Tallman Chairman and Chief Executive 0#fic Public Service Company _ of New Hampshire f
1000 Elm Street Manchester, NH 03105 RdyP.Less$
Counsel for NRC Staff
-