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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217H9511999-10-21021 October 1999 Memorandum & Order.* Proceeding Re Nepco 990315 Application Seeking Commission Approval of Indirect License Transfers Consolidated,Petitioners Granted Standing & Two Issues Admitted.With Certificate of Svc.Served on 991021 ML20217N2561999-10-21021 October 1999 Transcript of Affirmation Session on 990121 in Rockville, Maryland Re Memorandum & Order Responding to Petitions to Intervene Filed by co-owners of Seabrook Station Unit 1 & Millstone Station Unit Three.Pp 1-3 ML20211L5141999-09-0202 September 1999 Comment on Draft Reg Guide DG-4006, Demonstrating Compliance with Radiological Criteria for License Termination. Author Requests Info as to When Seabrook Station Will Be Shut Down ML20211J1451999-08-24024 August 1999 Comment Opposing NRC Consideration of Waiving Enforcement Action Against Plants That Operate Outside Terms of Licenses Due to Y2K Problems ML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210Q7531999-08-11011 August 1999 Order Approving Application Re Corporate Merger (Canal Electric Co). Canal Shall Provide Director of NRR Copy of Any Application,At Time Filed to Transfer Grants of Security Interests or Liens from Canal to Proposed Parent ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210J8501999-08-0303 August 1999 Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1 ML20211J1551999-07-30030 July 1999 Comment Opposing That NRC Allow Seabrook NPP to Operate Outside of Technical Specifications Due to Possible Y2K Problems ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20209H9101999-07-20020 July 1999 Motion of Connecticut Light & Power Co & North Atlantic Energy Corp for Leave to Intervene & Petition for Hearing.* with Certificate of Svc & Notice of Appearance ML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20206A1611999-04-26026 April 1999 Memorandum & Order.* Informs That Montaup,Little Bay Power Corp & Nepco Settled Differences Re Transfer of Ownership of Seabrook Unit 1.Intervention Petition Withdrawn & Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205M7621999-04-15015 April 1999 Notice of Withdrawal of Intervention of New England Power Co.* New England Power Co Requests That Intervention in Proceeding Be Withdrawn & Hearing & Related Procedures Be Terminated.With Certificate of Svc CLI-99-06, Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 9904071999-04-0707 April 1999 Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 990407 ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20204E6401999-03-24024 March 1999 Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324 ML20204G7671999-03-23023 March 1999 Comment Supporting Proposed Rule 10CFR50.54(a) Re Direct Final Rule,Changes to QA Programs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20207H4921999-02-12012 February 1999 Comment on Draft Contingency Plan for Year 2000 Issue in Nuclear Industry.Util Agrees to Approach Proposed by NEI ML20203F9471999-02-0909 February 1999 License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86 ML20199F7641999-01-21021 January 1999 Answer of Montaup Electric Co to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests Motion Be Denied on Basis of Late Filing.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2461999-01-19019 January 1999 Supplemental Affidavit of Js Robinson.* Affidavit of Js Robinson Providing Info Re Financial Results of Baycorp Holding Ltd & Baycorp Subsidiary,Great Bay Power Corp. with Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q0151999-01-12012 January 1999 North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc ML20199A4331999-01-11011 January 1999 Motion of United Illuminating Co for Leave to Intervene & Petition to Allow Intervention out-of-time.* Company Requests That Petition to Allow Intervention out-of-time Be Granted.With Certificate of Svc ML20198P7181998-12-31031 December 1998 Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Moves to Intervene in Transfer of Montaup Seabrook Ownership Interest & Petitions for Summary Relief or for Hearing ML20198P7551998-12-30030 December 1998 Affidavit of J Robinson.* Affidavit of J Robinson Describing Events to Date in New England Re Premature Retirement of Npps,Current Plans to Construct New Generation in Region & Impact on Seabrook Unit 1 Operation.With Certificate of Svc ML20195K4061998-11-24024 November 1998 Memorandum & Order.* North Atlantic Energy Services Corp Granted Motion to Withdraw Proposed Amends & Dismiss Related Adjudicatory Proceedings as Moot.Board Decision LBP-98-23 Vacated.With Certificate of Svc.Served on 981124 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML17265A8071998-10-0606 October 1998 Comment on Integrated Review of Assessment Process for Commercial Npps.Util Endorses Comments Being Provided by NEI on Behalf of Nuclear Industry ML20154C8171998-10-0606 October 1998 Notice of Appointment of Adjudicatory Employee.* Notice Given That W Reckley Appointed as Commission Adjudicatory Employee to Advise Commission on Issues Related to Review of LBP-98-23.With Certificate of Svc.Served on 981006 CLI-98-18, Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 9810061998-10-0505 October 1998 Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 981006 ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20154F9891998-09-29029 September 1998 License Transfer Application Requesting Consent for Transfer of Montaup Electric Co Interest in Operating License NPF-86 for Seabrook Station,Unit 1,to Little Bay Power Corp ML20154D7381998-09-21021 September 1998 Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790 ML20153C7791998-09-18018 September 1998 Comment Supporting Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Util Endorses NRC Staff Focus on Operability & Funtionality of Equipment & NEI Comments ML20151Z5611998-09-18018 September 1998 Order.* Pursuant to Commission Order CLI-98-18 Re Seabrook Unit 1 Proceeding,Schedule Described in Board 980904 Memorandum & Order Hereby Revoked Pending Further Action. with Certificate of Svc.Served on 980918 ML20151Y0331998-09-17017 September 1998 Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917 ML20153E8771998-09-16016 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Recommends That NRC Reverse Decision to Revise Emergency Planning Regulation as Listed 1999-09-02
[Table view] Category:PLEADINGS
MONTHYEARML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20236W0931998-07-30030 July 1998 Reply to Staff & Naesco Objections to Joinder of Necnp & to Naesco Objection to Standing.* Advises That Jointer Issue Involves Only Question of How Pleadings May Be Captioned. W/Certificate of Svc ML20236U4221998-07-27027 July 1998 North Atlantic Energy Svc Corp Supplemental Answer Standing Issues.* Request for Hearing & Petition to Intervene,As Applied to Sapl & New England Coalition on Nuclear Pollution,Should Be Denied.W/Certificate of Svc ML20236T5201998-07-27027 July 1998 NRC Staff Response to 980709 Submittal by Seacoast Anti- Pollution League & New England Coalition on Nuclear Pollution (Necnp).* Board Should Deny Intervention by Necnp. Staff Does Not Contest Sapl Standing.W/Certificate of Svc ML20236J1111998-07-0202 July 1998 North Atlantic Energy Svc Corp Answer to Supplemental Petition for Hearing.* Util Will Respond to Any Further Petitions on Schedule Directed by Licensing Board Memorandum & Order of 980618.W/Certificate of Svc ML20249B9151998-06-24024 June 1998 NRC Staff Answer to Seacoast Anti-Pollution League (Sapl) 980605 Request for Hearing & to New England Coalition on Nuclear Pollution 980618 Request for Intervention.* Board Should Not Grant Sapl 980605 Request.W/Certificate of Svc ML20249B7631998-06-18018 June 1998 Supplemental & Amended Petition for Institution of Proceeding & for Intervention Pursuant to 10CFR2.714 on Behalf of Seacoast Anti-Pollution League & New England Coalition on Nuclear Power.* ML20249A9501998-06-12012 June 1998 Supplemental Petition of Great Bay Power Corp for Determination of Reasonable Assurance of Decommissioning Funding ML20199K3861998-01-29029 January 1998 Petition for Determination That Great Bay Power Corp'S Acceleration of Decommissioning Trust Fund Payments Would Provide Reasonable Asurance of Decommissioning Funding Or,In Alternative,Would Merit Permanent Exemption ML20217P7781997-12-18018 December 1997 Petition to Suspend Operating License Until Root Cause Analysis of Leaks in Piping in Train B of RHR Sys Conducted, Per 10CFR2.206 ML20140B9601997-06-0404 June 1997 Suppl to Great Bay Power Corp Petition for Partial Reconsideration of Exemption Order to Submit Requested Cost Data & to Request,In Alternate,Further Exemption ML20135A1051997-02-21021 February 1997 Petition of Great Bay Power Corp for Partial Reconsideration of Exemption Order.* Seeks Reconsideration of Staff'S Preliminary Finding That Great Bay Is Not Electric Utility as Defined by NRC in 10CFR50.2 ML20094N4021992-03-27027 March 1992 App to Appeal of Ofc of Consumer Advocate (Nuclear Decommissioning Finance Committee) Appeal by Petition Per Rsa 541 & Rule 10 ML20076D1281991-07-17017 July 1991 Licensee Motion to Dismiss Appeal.* Appeal Should Be Dismissed Based on Listed Reasons.W/Certificate of Svc ML20073E1301991-04-22022 April 1991 Opposition of Ma Atty General & New England Coalition on Nuclear Pollution to Licensee Motion for Summary Disposition.* Board Should Reopen Record,Permit Discovery & Hold Hearing on Beach Sheltering Issues ML20070V3311991-03-29029 March 1991 Licensee Motion for Summary Disposition of Record Clarification Directive in ALAB-939.* Licensee Request That Motion Be Moved on Grounds That Issues Herein Identified Became Moot & Thus Resolved.W/Certificate of Svc ML20070V4061991-03-25025 March 1991 Massachusetts Atty General Response to Appeal Board 910311 Order.* License Should Be Vacated Until There Is Evidence of Adequate Protective Measure for Special Needs Population. W/Certificate of Svc ML20076N0831991-03-21021 March 1991 Massachusetts Atty General Response to Appeal Board 910308 Order.* Opposes Licensing Board Issuance of Full Power OL Based on Reliance of Adequacy of Plan.W/Certificate of Svc ML20076N1861991-03-19019 March 1991 Intervenors Reply to NRC Staff & Licensee Responses to 910222 Appeal Board Order.* NRC & Licensee Should File Appropriate Motions & Supply Requisite Evidentiary Basis That Will Allow Board to Make Decision.W/Certificate of Svc ML20070M5151991-03-18018 March 1991 Licensee Response to Appeal Board 910308 Order.* Listed Issues Currently Being Appealed Should Be Dismissed as Moot. W/Certificate of Svc ML20076N0671991-03-15015 March 1991 Licensee Response to Appeal Board 910311 Order.* Controversy Re Special Needs Survey Resolved.Next Survey Will Be Designed by Person Selected by State of Ma & Licensee Will Pay Costs.W/Certificate of Svc ML20070M3781991-03-11011 March 1991 Licensee Response to 910222 Appeal Board Order.* Response Opposing Suspending or Otherwise Affecting OL for Plant Re Offsite Emergency Plan That Has Been Twice Exercised W/No Weakness Identified.W/Certificate of Svc & Svc List ML20070M2101991-03-11011 March 1991 Reply to Appeal Board 910222 Order.* Response Opposes ALAB-918 Issues Re Onsite Exercise Contention.W/Certificate of Svc ML20029B6061991-02-28028 February 1991 Response of Ma Atty General to Appeal Board 910222 Order.* Questionable Whether Eight Issues Resolved.To Dismiss Issues Would Be Wrong on Procedural Grounds & Moot on Substantive Grounds.W/Certificate of Svc ML20070E7741991-02-25025 February 1991 Opposition to Licensee Motion to Dismiss Appeal of LPB-89-38.* Believes Board Should Not Dismiss Intervenors Appeal Because There Was No Hearing on Rejected Contentions. Board Should Deny Licensee Motion.W/Certificate of Svc ML20066H0831991-02-12012 February 1991 Licensee Motion to Dismiss Appeal of LBP-89-38.* Appeal Should Be Dismissed Either as Moot or on Grounds That as Matter of Law,Board Correct in Denying Hearing W/Respect to Contentions at Issue.W/Certificate of Svc ML20066H0021991-02-0808 February 1991 Licensee Response to Appeal Board Order of 910204.* W/Certificate of Svc ML20067C5081991-02-0101 February 1991 Ma Atty General Response to Appeal Board Dtd 910122.* Identifies Two Issues That Potentially May Be Resolved. State Will Continue to Investigate Facts Re post-hearing Events That May Effect Pending Issues.W/Certificate of Svc ML20029A0451991-01-28028 January 1991 Licensee Suggestion for Certified Question.* Draft Certified Question for Appeal Board Encl.* W/Certificate of Svc ML20029A0431991-01-28028 January 1991 Licensee Response to 910124 Memorandum & Order.* Common Ref Document Derived from Copying Respective Portions of Emergency Response Plan & Associated Documents Provided.W/ Certificate of Svc ML20070U4811991-01-24024 January 1991 Motion Requesting Limited Oral Argument Before Commission of City of Holyoke Gas & Electric Dept New Hampshire Electric Cooperative Mact Towns ML20029A0091991-01-24024 January 1991 Response to Appeal Board 910111 Order.* Atty General Will Continue Ad Intervenor in Facility Licensing Proceeding. Changes to Emergency Planning for Facility Forthcoming. W/Certificate of Svc ML20029A0121991-01-24024 January 1991 Motion for Substitution of Party.* Atty General s Harshbarger Moves That Secretary of NRC Enter Order Substituting Him in Place Jm Shannon as Intervenor to Proceeding.W/Certificate of Svc 1999-08-03
[Table view] |
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OUict OF SECRETAiiV :
i 7
ATONIC SAFETY AND LICENSING APPEAL BohMtil)NG % DVH:k.
uRANCH-Before Administrative Judges:- J q
G. Paul B011werk, III,-Chairman .
Alan S. Rosenthal ~;
Howard A. Nilber l u
1
)
In the Matter of ) Docket.Nes. 50-443-OL
) 50-444-OL PUBLIC~ SERVICE COMPANY )
OF.NEli HAMPSHIRE, EI AL. )
)
(Seabrook Station, Units 1 and-2) ) February 27, 1990
) i t
E MASSACHUSETT3 ATTORNEY LENERAL'S REPLY TO THE PETITION '
H AND RESPONSE OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY y 70 EMERGENCY! MOTION OF.THE INTERVENORS TO REOPEN THE 1 L
i RECORD AS TO 'MER ' NEED FOR SHELTERING ' TN CERTAIN CIRCUMETANCEE :.i It
[
$ On February 6, 1990, the. Massachusetts. Attorney General.
(MASS AG), with'Intervenors.SAPL and NECNP," filed.an EMERGENCY p
MOTION.OF THE INTERVENORS: (1) TO CIARIFY THE STATUS OF THE APPEAL OF LBP-89-33' AND (2) To REOPEN'THE RECORD ON THE NHRERP l L AS1TO THE NEED FOR: SHELTERING IN CERTAIN CIRCUMSTANCES ("First i:
E Motion"). The First Motion addressed, intag 311g, Applicants' February 1 filingM which~for the first time advised
/. <
1/ APPLICANTS' RESPONSE TO LICENW.:WG BOARD ORDER OF ,
JANUARYL11, 1990 L e' 9003050016 900227 l" '
PDR ADOCK 05000443
- 3 - O PDR 9 3 lt L ,
s
,4 , , . . . . _ . . _ _ . . _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
y er wr,n-reve ~
- q y,p d'
v 7 .Intervonors and apparently this agency that cheitering as'a protective action for the entire beach population had been .!
eliminated 1.n the NHRERP under circumstances where that PAR would achieve maximum dose reduction (" Condition 1") . 's.a.e q First Motion 8-15.
On February 16, 1990, the State of New Hampshire filed a 1 comment with the Licensing Board on Applicants' proffered view of the current state of the NHRERP for sheltering the beach population under Ccndition 1. M While the State's comment ,
did-not formally respond to Intervenors' First Motion, the State advised-the Board that Applicants had " erred" in their '
conclusion that "the State of New Hampshire's. October 13, 1988 Almendments to Revision 2 of the NERERP '(eliminated)' ;
sheltering as an option under the first of the two circumstances contemplated by the Appeal Board" (i,e. Condition i
1). State Response at 2. Based upon the State Response, first j Applicants,M then the Staff,M filed responses in f
2/ STATE OF NEW HAMPSHIRE'S COMMENTS REGARDING APPLICANTS' RESPONSE TO LICENSING BOARD ORDER OF JANUARY 11, 1990. / " 4 *. 3 te Response").
-2/ APPLICANTS' RESPONSE'TO EMERGENCY. MOTION OF INTERVEFO G (13 M CIARIFY THE STATUS OF THE APPEAL OF LBP-89-33 AND (3) TO 1
- REOPEN THE RECORD ~ON THE'NHRERP AS TO THE NEED FOR SHELTERING IN CERTAIN'CIRCUNSTANCES (FEB. 16, 1990) (" Applicants ;
Response").
F NRC STAFF's RESPONSE TO "ENERGENCY MOTION OF THE INTERVENORS: (1):TO CLARITY THE STATUS'OF THE APPEAL OF LBP-89-33 AND (2) TO REOPEN THE RECORD ON THE NHRERP AS TO THE ,
NEED FOR SHELTERING IN CERTAIN CIRCUMSTANCES (FEB. 23, 1990) '
(" Staff Response").
l t
, - f'
m ~
- m mu -~- - L 1
Ve opposition to the~First Motion. '
FFMA also responded-to the
-.First Motion,Eclaiming_that Intervanors had "inaccurately.-
k, ' characterized'the NMRERP." Id. at.2.
P Based upon these! responses, including the Staff Response
' which was received in this office only yesterday (February 26),-
the: NASS AG hereby advises the Appeal Board of its intent to -
.t file, as soon as pr5cticable, an Emergency Motion For-License Revocation Or In The Alternative To Roopen The Record And For Summary Disposition As To The Need For Sheltering In Certain ,
Circumstances. The motion will address, inter alia, the failure of the State of New Hampshire in the current NHRERP 1) to mari.mize dose savings since sheltering for the entire beach population under Condition 1 has been eliminated, and 2) the I State's failure to conform the sheltering provisions for the beach population to -the sworn testimony of State and FEMA
- officials before the Licensing Board. !
In accordance with.the Appeai Board's Order dated February 23, 1990, however, the MASS AG files this limited Reply to " comment ( ) on the FEMA petition for leave to file and
- the accompanying response." Order at 1.U 3/ RESPONSE OF THE-FEDERAL EMERGENCY MANAGEMENT AGENCY TO EMERGENCY MOTION OF THE INTERVENORS TO REOPEN THE RECORD AS.TO THE NEED FOR SHELTERING IN CERTAIN CIRCUMSTANCES (FEB. 16,
, 1990) (_" FEMA Response").
5/ The MASS AG does not object to the admission of the FEMA Response into the record in this proceeding.
F f 6 ,,
7 .- - -
~
~
l l
In its Response, FEMA states:
, the?Intervenor's_ notion inaccurately j characterizes the NHRERP, the history of'the l 2itigation regarding the NHRERP, and FEMA's l review and evaluation of the NHRERP. 1 t: .
4 1
other than the " shelter-in-place" concept -l described above, there has never been provision '
for shelter in the NRRERP under.any circumstances i for any segment of the population.- When ;
" shelter-in-place" is the recommended protective '
action, transients without accors to an indoor.
location.(E.G., a private residerice, beach cottage, or hotel room) would be directed to evacuate in their own vehicles. Those' transients l: without transportation would be directed to.
pre-designated temporary shelter locations-while i wait -for. buses to evacuate them. There is no t E arevis on or~ instruction-in the-NMRERP for the '
} transient __ beach nopulation to attemet to find a '
nearhvd uildina_and--enter it,.nor is there any reliance in the.NHRERP on the Stone and Webster survey to identify potentially available shelters.
L.
o *** ,
The above-analysis of the record demonstrates that the Intervenors are incorrect in stating that on. February 1, 1990, for the first time,-the .
Applicants stated that plan changes'in october 1988 eliminated sheltering as an. option for the' .,
general beach population. In fact, the !
, " shelter-in-place" concept was. presented by/the :
L Applicants'and the state;of New Hampshire to-the t L Licensing Board in pre-filed testimony on p April 15,.1988,- and was a part of the NHRERP at least.since February 11, 1988.. As noted above, "
, the'" shelter-in-clace" concent nrovides for the E
transieJ1t_.h3Ach nonulation to> evacuate and the- l ggonle-indoors to rammin indoors 3 FEMA RESPONSE l.
at 2, 5-6.
{ FEMA therefore claims that, at least since February, 1988,
, the State of New Hampshire has not provided for sheltering the H . beach population, except for those transi ents w i thout transportation.
4-Oy '
, _m- -
. i 1
i FDth thereby misstates the record in the New Hampshire
- - proceeding and' contradicts the sworTi testimony of 3 ts own
. senior, staff before the Licensing. Board.
1 In testimony filed with the Licensing B M d on May 2, . 1988, '
concerning the " shelter-in-place" concept in the NMRERP, both l the' State of New Hampshiro and the Applicants identified the three-circumstances, including Condition 1, where sheltering j the beach population would be ordered. ]'
Beach closure or evacuation of the beach areas are the preferred courses of action for the beach population. Sheltering as a protectiva action option for this segment of the pcpulation would -l be considered in only a very limited number of -
circumstances characterized by one or more of the '
following conditions as described on pp. 7-8 of Appendix 1: ..
-1. Dose Savings Sheltering could be recommended when it ,
would be the most effective option in I achieving maximum dose reduction.
l
.l For implementation of this protective action l option-(sheltering) under any of the three conditions, New Hampshire decision-makers will relv en the mechanisms new in nlace, or to be put -
in nlace. in the NHRERP for recommandina shelter i to the nublic whether on the beach or anywhere :I 3183 APPLICANTS' DIRECT TESTIMOPrY No. 6 post l Tr. 10022 at 20. (Emphasis added).
Both the Applicants, see Tr. 10069, and the State of New I e Hampshire, see Tr. 10061, 10421, testified that sheltering i h' l under condition 1-would be recommended for the entire beach population. This would include the general beach population (the transients xith transportation, i . e. the so-called "98%" -
v 1
population,.see Tr. 13184) as well as the remaining 2% of the '
beach population lof transients without transportation. See ;
t.
APPLICANTS DIRECT TESTIMONY NO. 6, post Tr.-10022 at 20' - .
Even prior to this testimony, however, the State of New Hampshire advised FEMA, by letter dated February 11, 1988, that the shelter-in-place concept adoes not nreclude the state from
-conside.rina and'selectina shelterina as a erotective action for the beach neeulation." APPLICANTS' DIRECT TESTIMONY NO. 6, post Tr. 10022 at Appendix 1, p. 3. The State also informed FEMA that Condition 1 was one of the circumstances in which sheltering would be-recommended. Id. at 5. Subsequently, in testimony by Senior. FEMA staff before the Licensing Board, FEMA
'confi M its own understanding of the shelter strategy for the g entire, beach population.
4 THE. WITNESS: (McLoughlin) Your Honor, when Ms. Weiss was conferring with you in there I
, thought I heard her say that we did not' require --
that we would'not use shelter for the 98 percent. ,
If that was'a misinterpretation on my part,_I apologize for that, but'that's_what's concerning us right.now. Because we believe that New Bampshire, and this does not preclude'in any.way 1
New Hampshire from'using sheltering in some instances in which it is. appropriate --
1 JUDGE SMITH: For the 98 percent. I eee THE WITNSSS: (McLoughlin) ~~ to use it for the 98-percent.
Q. -I thoucht you had told me that it was your
. understanding that New' Hampshire would not use l sheltering for the'98 percent, but only for the q two percat; didn't you tell me that about 15 l minutes ago? i l
m w -. .~, ewarnsm, i s'.
i A '. - (McImughlin)- Okay. If I~did, and I'm not '
P arguing that I didn't, I was in. error in.doing L that. .And that's.'what was beginring to concern'
,me, in particular as I listen to your comment. I i
-eit.her misunderstood the question or answered it I
. wrongly. Tr.-13184-85.
l
-At least-as of May, 1988, therefore, FEMA knew that the _
NRREKY- as interpreted by its proponent and final arbiter, the State of New Hampshire, intended to shelter the entire beach population'under circumstances where sheltering would be the most effective option in achieving maximum. dose reduction.
Finally, the current FEMA Response now offers a new interpretation of the NMRERP and suggests that FEMA approval of that plan was bar,ed upon a shelter option on'.y-for the i transients without transportation _(24 population). S.AR FEMA RESPONSE at 5. This contradicts the. understanding of the NHRERP as testified to by Senior FEMA staff. FEMA also has approved a version of the NMRERP which was never reviewed or.
approved.-by.either.the Licensing Board or the Appeal Board -
involving sheltering the beach population. See-First Motion at
{
8-15. ,
RESPECTFULLY. SUBMITTED, 1
CO!MONWEALTH OF MASSACHUSETTS '
JAMES M. SHANNON ATTORNEY GENERAL i
\ h. S h ~
{N
, Matthew T. Brock' I Assistant Attorney General Nuclear Safety Unit one Ashburton' Place Boston, Massachusetts 02108 (617) 727-2200 Dated: February 27, 1990
, . , . , -..,e *--
\* /
. . .y, U$NhC UNITED STATES OF AMERICA NUCLEAR REGUIAMRY COMMISSION '90. FEB 28.' All ;55 ATOMIC SAFETY AND LICENSING' APPEAL BOAg7 y aggjuv
' [iOCKC1'NG A 'diWICI ?
L '- 'Before Administrative Judges: BRANCH g
G. Paul Bollverk III, Chairman Alan S. Rosenthal Howard A. Wilber ,
)
In the Matter of ) Docket Nos. 50-443-OL
) 50-444-OL PUBLIC SERVICE COMPANY ) !
0F NEW HAMPSHIRE, ET Mt. ) ;
)
(Seabrook Station, Units 1 and 2) ) February 27, 1990 [
)
1 CERTIFICATE OF SERVICE I, Matthew.T. Brock,-hereby certify that on February 27, 1990,.
I Mde service of the enclosed MASSACHUSETTS ATTORNEY GENERAL'S REPLY M THE PETITION AND RESPONSE OF THE FEDERAL EMERGENCY MANAGEMEIPI AGENCY 'ID EMERGENCY MOTION- OF THE INTERVENORS TO REOPEN THE RECORD AS TO THE NEED FOR SHELTERING IN CERTAIN CIRCUMSTANCES by ' telefax as indicated by (*), and by. first class. ;
mail to:-
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 y
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 Euilding East West Towers Building ,
4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 t e
, a - - - - - -
% .use-f; .
I
U.S. Nuclear Regulatory commission Ropes & Gray Washington,-DC- 20555 One International Place Boston, MA 02110 i
- Mitzi A. Young, Esq. Phillip Ahrens, Esq.
Edwin-J. Reis, Esq. Assistant Attorney General l -U.S. Nuclear Regulatory Commission Department of the Attorney General office _of the General counsel Augusta,- ME 04333- ;
11555 Rockville-Pike, 15th Floor Rockville, MD 20852 ,
~i
- R. Joseph Flynn, Esq. Atomic Safety & Licensing {
Assistant General counsel Appeal Board 1 Office of General Counsel U.S. Nuclear Regulatory commission j Federal Emergency Management- Washington, DC 20555 !
A9eDCy ,
500 C Street, S.W.- !
Washington, DC 20472 Robert A. Backus, Esq. Atomic. Safety & Licensing Board i 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 Five Market Street Suite 430 1 Portsmouth, NH 03801 2001 S Street, N.W.
Washington, DC 20008 i
Barbara St. Andre, Esq.
Judith Mizner, Esq.
Kopelman & Paige, P.C. 79 State. Street- l 77 Franklin Street Second Floor Boston, MA 02110 Newburyport, MA 01950 Charles P. Graham, Esq. R. Scott Hill-Whilton, Esq.
Murphy E-Graham- Lagoulis, Hill-Whilton & Rotondi 33 Low Street 79 State 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 t Bradford,.MA 01835 (Attn Tom Burack) f ?
-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 .
[_.
9 ':0 '
yy 8 Paul McEachern,:Esq.
4 Shaines &-McEachern 25 Maplewood Avenue P.O. . Box-360 2
-Portsmouth, NH 03801 e
l; *G. Faul Bollwerk
- Thomas S. Moore, Chairman f Atomic Safety fr Licensing Appeal Board Atomic Safety & Licensing L Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 10555 . Washington, D.C. 10555 ,
- Roward A. Wilber Jack Dolan Atomic Safety & Licensing Federal Emergency Management Agency Appeal Board Region i U.S. F'aclear Regulatory Commission J.W. McCormack Post Office I, r Washington, D.C. 10555 Courthouse Building, Room 442 Boston, MA 02109 George Iverson, Director Alan S. Rosenthal N.H. Office of Emergency Management- Atomic Safety & Licensing S': ate House Of fice Park South Appeal Board 107 Pleasant Street U.S. Nuclear Regulatory Commission-Concord, NH .03301 Washington, DC 10555 Respectfully submitted, JAMES M. SHANNON ATTORNEY GENERAL.
~
? ,) ~ 7 s e,m3Q "] ' s d%r
't ,
Matthew T.. Brock Assistant Attorney General Department of the Attorney. General One Ashburton Place Boston, MA- 02108 (617) 727-2200 Dated:. February 27, 1990 u TOTAL PAGE.011 **
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