ML20006C484
| ML20006C484 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/01/1990 |
| From: | Matt Young NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#190-9781 ALAB-922, ALAB-924, LBP-88-32, LBP-89-32, LBP-89-33, OL, NUDOCS 9002080098 | |
| Download: ML20006C484 (6) | |
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DOCKETED 2/1/90 c
usuc UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMIS$10N
% FEB -2 #1 :43 BEFORETHEATOMICSAFETYANDLICENSINGkAkhOnc
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In the Matter of Docket Nos. 50-443 OL i
PUBLIC SERVICE COMPANY OF h
50-444 OL NEW HAMPSHIRE,,e_t M.
h Offsite Emergency Planning (SeabrookStation, Units 1and2)
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l NRC STAFF FURTHER RESPONSE TO JANUARY 11 BOARD ORDER In an order dated January 11, 1990, the Licensing Board asked the l
parties to submit their views on how the Board should proceed to address the issues remanded by the Appeal Board in ALAB-924, 30 NRC (Nov.7, i
1989), and how the parties propose to participate in the resolution of i
thoseissues.1/
The Comission by Order of November 16,1989 (unpublished), noted that before it were the immediate effectiveness review of LBP-89-32 2/
authorizing the issuance of a full power license for Seabrook Station, ilnit 1; an issue certified by the Appeal Board in ALAB 922 3/ arising from a review of LBP-88-32 4/; and a petition for review of the romand in l
1/
On January 30, 1990, tne Staff submitted comments on how-the Board I
should proceed and asked that the February 1 response deadline be extender.
NRC Staff Response January 11 Board Order and Request to' Extend the February 1 Deadline.
On January 31, 1990, the - Board summarily denied the Staff's motion to extend the February 1 filing date.
1 2/
30 NRC (Nov.9,1989).
3/
30 NRC _ (Oct. 11,1989).
l 4/
28NRC667(1988).
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ALAB 924 of certain issues considered in LBP-89-32. The Comission in its November 16, 1989 Order stated that, 'In the interests of efficiency and effectiveness in ressiving matters relating to the Licensing Board's k
authorization of the issuance of a full power license, the Comission has l
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decided that it rather than the Appeal Board will consider all appli-cations for a stay of the Licensing Board's authorization of full power operation for Seabrook Unit 1."
The Comission further indicated that it l
would consider "Intervenors Motion to Vacate Those Portions of LBP-89-32 i
j Authorizing Issuance of A Seabrook Operating License" which had been filed before the Appeal Board on November 13, 1989.
Much of the parties' 1mmediately effectiveness connents and other filings in response to the
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Comission's November 16, 1989 Order focused on the correctness of ALAB-924 and whether the Licensing Board's treatment of the ALAB-924 remand issues in LBP-89-32 and LBP-89-33 was appropriate. 5/
i i
As indicated by the Comission's November 16 Order, the Comission's t
"immediate effectiveness review" of LBP-89-32 includes consideration of 1
any applications for stay of the authorization of a full power license in 5/
The Staff took the position before the Comission that none of the issues remanded to the Board (the need for letters of agreement for school teachers, the adequacy of the special needs survey the accuracy of evacuation time estimates for advanced life su,pport patients, further Board actionimplementing details for sheltering the beach po rec uired since the matters were adequately adc ressed by the Board in LBP-89-33.
NRC Staff Response to Intervenors' Motion to Vacate LBP-89-32 License Authorization and Supplemental Motion ar.d Memorandum, December 12, 1989, at 19-33.
Even the sheltering issue, which has been vigorously contested during this proceeding, if upheld, can be left for Staff and/or FEMA verification.
Id. at 33 n. 32.
Further, the Staff maintained that-the Appeal BoaTd had misapplied the Comission's standards for i
emergency planning in passing on sheltering and the other issues remanded in ALAB-924.
,I_d at 13 19, 31-33, 39-43.
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LBP-89-32 and Intervenors' motion to vacate and revoke the license authorization.
November 16 Order at 1-2.
In addition, the parties' j
imediate effectiveness comeats and other filings in response to the j
Comission's November 16 Order focused on ALAB-924, the matters remanded therein, and the Board's treatment of ALAB-924 in both LBP-89-32 and l
In this posture, the Staff advises the Licensing Board not to proceed with further consideration of the remanded issues until the Comission has completed its immediate effectiveness review and ruled on the motions to vacate and stay LBP-89-32.
Commission action would give the Licensing Board Comission guidance regarding how to proceed on the remanded issues.5/
Respectfully submitted,
/wf Counnel for NRC Staff l
Dated at Rockville. Maryland this 1st day of February, 1990 6/
The Staff intends to participate in any proceeding involving the remanded issues before the Licensing Board.
The Staff intends to
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present testimony by' Staff witnesses or through FEMA regarding the review of Applicants emergency plans and actions pertinent to the remanded issues that may be set for hearing and to submit pleadings and briefs relevant to those issues.
4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE Airwit SAFETY AND LICENSING BOARD In the Matter of Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, g al_.
Off-site Emergency Planning l
(SeabrookStation, Units 1and2) l CERTIFICATE OF SERVICE l
I hereby certify that copies of "NRC STAFF FURTHER RESPONSE TO JANUARY 11 BOARD ORDER" in the above captioned proceeding have been served on the following by t
deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Comission's internal mail system, as indicated by double asterisks, by express mail, this 1st day of February,1990:
Ivan W. Smith, Chairman (2)*
Philip Ahrens Esq.
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Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Commission State House Station Washington, DC 20555 Augusta ME 04333 Richard 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 l
Washington, DC 20555 Boston, MA 02108 i
Kenneth A. McCollom**
Geoffrey Huntington, Esq.**
Administrative Judge Assistant Attorney General 1107 West Knapp Street Office of the Attorney General Stillwater, OK 74705 25 Capitol Street Concord, NH 03301 l
Thomas G. Dignan, Jr., Esq **
Robert K. Gad, III, Esq.
Diane Curran, Esq.**
Ropes & Gray Hamon, Curran & Tousley One International Place 2001 S Street, NW
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Boston, MA 02110-2624 Suite 430 Washington, DC 20009 l
Robert A. Backus Esq.**
l Backus, Meyer & Solomon 116 Lowell Street Manchester, NH 03106 1'
1 l
O 6 H. J. Flynn, Esq.
Judith H. Mizner Esq.
Assistant General Counsel 79 State Street Federal Energency 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 Selectnen 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 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.
s 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, Chainnan Exeter, NH 03833 Board of Selectmen 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 4
Barbara J. Saint Andre. Esq.
Kopelman and Paige P.C.
77 Franklin Street Boston, MA 02110 i
O t
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 Comission Board Panel Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 Office of the Secretary (2)*
U.S.
Nuclear Regulatory Comission Atomic Safety and Licensing Washington, DC 20555 l
Appeal Panel (6)*
Attn:
Docketing and Service Section l
U.S. Nuclear Regulatory Comission i
Washington, DC 20555 bildth-fiitt ' A. / Young'
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p Coun el for NRC Staff 1
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