ML20006A126

Intervenors Supplemental Brief in Support of 891113 & 1201 Motions for Mandatory Relief.* Submits Addl Argument in Support of Motions to Revoke & Vacate Board 891109 License Authorization.W/Certificate of Svc

ML20006A126
Person / Time
Site:	Seabrook
Issue date:	01/16/1990
From:	Backus R, Curran D, Traficonte J BACKUS, MEYER & SOLOMON, HARMON, CURRAN, SPIELBERG & EISENBERG, LLP., MASSACHUSETTS, COMMONWEALTH OF, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE
To:	NRC COMMISSION (OCM)
Shared Package
ML20006A061	List: ML20006A060 ML20006A126
References
ALAB-924, OL, NUDOCS 9001250249
Download: ML20006A126 (4)

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e t-l UNITED STATES OF AMERICA l NUCLEAR REGUIATORY COMMISSION DOCKETED ULNRC j Before the Commissiont  !

Kenneth M. Carr, Chairman 30 JM 17 P2:33  ;

Thomas M. Roberts, Commissioner Kenneth C. Rogers, Commissioner (grtCE OF SECRETARY James R. Curtiss, Commissioner- 00CKEiiNG t. Sfi(VICE BRMFCH -

) .

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

) 50-444-OL l PUBLIC SERVICE COMPANY ) '

OF NEW MAMPSHIRE, EI E.

)

) -

(Seabrook Station, Units.1 and 2) ) January 16, 1990

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• P h INTERVENORS SUPPLEMENThL BRIE 7 1N EUPPORT OF THEIR NOVEMBER 13 AND D2CEMBER 1, 1989

_,_ M,Q7J.QHLEQ3_fRNOATOPY P,ELIEF i

Tue Massachusetts Attorney General, the Seacoast Anti-Pollution League and the New England-Coalition on Nuclear Pollution (the "Intervenors") submit the following additional argument in support of their November 13 and December 1, motions to revoke and vacate the Seabrook Licensing Board's November 9 license euthorization.

1. On January 16, 1990 the Intervenors received a copy of the Licensing Board's January 11, 1990 Memorandum and Order (the " Order") which states in relevant part:

The purpose of this memorandum and order is to provide to interested parties an opportunity to advise the Board on how to proceed in accordance with the directives of ALAB-924 and how they propose 12 particinatA 1D the resolution of thg remanded issues.

Order at 1 (emphasis supplied). i L

L l 9001250249 900116 PDR ADOCK 05000443 O PDR

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I l\ 2. It is now obvious that the Licensing Board did not resolve or otherwise close out the ALAB-924 remanded issues either on November 9 when it authorized a license or on I November 20 when it issued its first " explanation" of its licensing action. Moreover, although the Licensing Board's I misleading language immediately identifies P's author, the Board is now proceeding with the " hearings" that Intervenors were entitled to na a matter 21 lag before the Seabrook license

'was authorized.1/

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3. Thus, the Smith Board's action maken it clear heyond peradventure that 10 C.F.R. 50. 47 (c) (1) has had and een havo 1/ Intervanors are invited to " participate in the resolution of the remanded issues." In plain English: we are now going to have whatever hearings are necessary to resolve the issues we have never resolved.

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nothing-to do'with the November 9 license authorization.2/ j 1

Instead, just as Intervenors argued, the Board simply made a "

very quick and dirty "no significant hazards" determination on November 9, thereby postponing the necessary hearings until after the license authorization. 'Intervenors' December 1  !

l Supplemental Motion at 28-30 and note 21. Such a procedure is unlawful and constitutes a clear violation of Intervenors' l prelicensing hearing rights supporting revocation of the  !

November 9 license authorization.

2/. The Board never sentioned 50.47(c)(1) in its November 9 1 decision. ~ Af ter the Appeal Board suggested 50.47 (c) (1) en  ;

November 14, 1989, the Smith Board again failed to mention it  ;

At All in its November 20 memorandum. Thus, for the third time, the Board has new made it clear that (c) (1) is nnt  :

relevant to its actions. Notwithstanding these facts, the '

Applicants again represented to the CoGrt of Appeals in their January 10 Response to the Motion for Expedited Review at 7-8 that 50.47 (c) (1) is relevant. Indeed, the Applicants audaciously stated to the Court that the Intervenors had failed to describe the full significance of (c)(1) to this case:

The petitioners (Intervenors here) again bring to this Court's' attention that the Licensing Board acted to '

authorize the license after the Appeal Board had found four particularized shortcomings _(in the Appeal Board's view) in the (NHRERp]. This is argued as substantial error to this court without informing the Court: (a) that NRC regulations clearly contemplate that a license may issue even with shortcominas ID tht emergency plan if thev AIR D21 sianificant, 10 C.F.R.

E 50. 47 (c) (1) , (b) the Appeal Board, after the Licensing Board authorized issuance of the license, exeressiv cited this very reculatory orovision in response to the present Petitioners' demand that the Appeal Board summarily revoke the license authorization, and (c) that the Licensing Board issued a 41-page' memorandum and order exclainina creciselv yhy thR shortcominas Derceived by thg ADoeal Board were D21 sianificant.

(emphasis supplied). What a surprise to the reader of this passage to learn that the Smith Board never mentioned (c) (1) and has now acknowledged that the remanded issues are still open and need to be resolved!

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4. Any application of 50.47(c)(1) to this case -- as for I example concocted by the Applicants for the Court of Appeals' i

consumption -- is predicated on the purported finding by the Smith Board that the remanded issues are not sianificant 12r  !

I the giant in nuestion and therefore net material 12 licensina. j Instead of this finding, the Board found only that the remanded issues are not 510Dif.iSAnh Aalt12 iss'2es ID aeneral, believing arroneouslyy that this finding, while obviously not making these issues immaterial, pertaitted it to postpone hearings on  !

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those issues. Thus, the Beard'n order only confirms what the Intervenort have been arguing since November 131 the Board impermissibly denied Intervenors' prelic.shaing hearing rights I on issues that are material to 31 censing and.which I2E thA j Board Diant gn AM413 sing add Aft Runt point ID 1ht fat.UER resolvina. EgA Intervenors' Supplemental Motion at 17-34 and 62-70.

5. Thus, the January 11 Order is further evidence that the Board acted. unlawfully in authorizing the Seabrook license notwithstanding the Appeal Board's reversal less than 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> earlier.

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s, CONCLUSION I/

For all of the reasons set forth above, the Commission should grant Intervenors' notions and revoke the November 9 license authorization pending, at least,'the completion of those hearings the Smith Board now contemplates.

Respectfully submitted, SEACOAST' ANTI-POLLUTION COMMONWEALTH OF MASSACHUSETTS LEAGUE JA]ESM.SHANNON,ATTORNEYGENERAL

• n v.,t Su k <rd Robert A. .Backus, Esquire (p 4 6 1%

John Traficonte le ~~

Backus, Meyer.& Solomon Ichief, Nuclear Safety Unit 116 Lowell. Street Matthew T. Brock fP.O. Box 516

'r ,

Assistant Attorney General Manchester, hH 03106 One Ashburton Place

, r (603) 666-7272 Boston, MA 02108-1698 (617) 727-2200 NEW ENGLAND COALITION

... ON NUCLEAR POLLUTION Sk'4Q  ! t i1 AvJ (' T7 h Diane Curran, Esquire '

Harmon, Curran & Tousley 2001 S Street, N.W.

Suite 430 Washington, DC 20009-1125 (202) 328-3500 l

i 2/ Intervenors will also file shortly with the Appeal Board a j motion seeking to enjoin or otherwise prohibit the Licensing l' Board from taking any further actions of any kind (including the procedural actions set out in the January 11 Order) which 1 may or will interfere with the merits of Intervenors' appeal of I the November 9 licensing action presently pending before the )

u court of Appeals for the District of Columbia circuit, Docket i No. 87-1743.

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, UNITED STATES OF AMERICA NUCLEAR REGUIATORY COMMISSION 00ChETED Before the Commissiont USNRC  ;

Kenneth M. Carr, Chairman Thomas M. Roberts, Commissioner 30 JM417 P2:33 Kenneth C. Rogers, Commissioner ,

James R. Curtiss, Commissioner GFFICE OF SECRETARY  !

00CKEitNG A SU(ylcr' .

BRANC61  !

)

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

) 50-444-OL

'PUBLIC SERVICE COMPANY ) (Emergency Planning Issues)

OF NEW HAriPSHIRE, ZI AL. )

)

(Seabrook Station, Units 1 and 2) ) January 16, 1990

)

fJRTJJ10 ATE OF SERVICF I, John Traficonte, hereby cartify that on January 16, 1990, I made service of the Within "INTERVENORS MOTION FOR LEAVE TO FILE A

-SUPPLEMENTAL BRIEF IN SUFPORT OF THEIR NOVEMBER 13 AND DECEMBER i, i

1989 MOTIONS FOR MANDATORY RELIEF" and "INTERVENORS SUPPLEMENTAL BRIEF IN SUPPORT OF THEIR NOVEMBER 13 AND DECEMBER 1, 1989 MOTIONS FOR MANDATORY RELIEF" by Federal Express as indicated by (*) and by I first class mail to the following parties: 1 Ivan W. Smith, Chairman Kenneth A. McCollom Atomic Safety & Licensing Board 1107 W. Knapp St.

U.S. Nuclear Regulatory Commission Stillwater, OK 74075 East West Towers Building 4350 East West Highway Bethesda,.MD 20814 l

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

• Docketing and Service

• Thomas G. Dignan, Jr.

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

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• Marjorie Nordlinger, Esq. Paul McEachern, Esq.

U.S. Nuclear Regulatory Commission Shaines & McEachern l Office of the General Counsel 25 Maplewood Avenue '

11555 Rockville Pike, 15th Floor P.O. Box 360 Rockville, MD 20852 Portsmouth, NH 03801 H. Joseph 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 Fivo Market Street Suite 430 Portsmouth, NH 93901 2001 S Streat, N.W.

Washington, DC 2000$

Barbara St. Andre, Esq. Judith Mituer, Msq.

Kcpelman & Paige., P.C. 79 Stata Street .

~77 Tranklin Street Second Floor i Boston, MA 02).10 Newburyport, MA 01990 Charles P. Graham, Esq. R. Scott Hill-Whilton, Esq.

Murphy & Graham Lagoulis, Hill-Whilton & Rotondi 33 Low Street 79 6 tate 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 Phillip Ahrens, Esq. William S. Lord ,

Assistant Attorney General Board of Selectmen I

Department of the Attorney General Town Hall - Friend Street Augusta, ME 04333 Amesbury, MA 01913 l

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G. Paul Bollwerk, III, Chairman Alan S. Rosenthal

' Atomic Safety & Licensing Atomic Safety & Licensing Appeal Board Appeal 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 i

Howard A. Wilber *Kenneth M. Carr Atomic Safety & Licensing Chairman Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission 11555 Rockville Pike j East West Towers Building Rockville, MD 20852 4350 East West Highway-Bethesda, MD 20814 j

• Thomas M. Roberts, Commissioner *Kenneth C. Rogers, Commissioner i

-U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission i 11555 Rockville Pike 11555 Rockville Pike j Rockville, MD 20852 Rockville, MD 20852 I

-* James R. Curtiss, Cornissioner Jack Dolan  !

7.t U.S. Nuclear Regulatory Commission Federal Emergency Management Agency i 1155S Rochville Pike. R.egicn 1 l Rockville, MD 20852 J.W. McCormack Post Office & '

. Courthouse Building, Room 442 Boston, MA 02109 George Iverson, Director Edwin Reis, Esquire N.H; Office of Energancy Management U.S. Nuclear Regulatory Commissien l Scate House Office Park South offica of General Counsel q 107 Pleasant Street 11555 Rockville Pike 15th Floor i concord; NH 03301 Rockville, MD -20852 '

1 Respectfully submitted, JAMES M. SHANNON  !

ATTORNEY GENERAL 2 nn -

< John Traficonte

,' Assistant Attorney General Chief, Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108

( 6).7 ) 727-2200 Dated: January 16, 1990

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