ML20024E385

Response to ASLB 830630 & 0728 Orders.Seacoast Anti- Pollution League Will Not Offer Direct Rebuttal Testimony on Remaining Contentions to Be Heard at Aug hearing.Cross- Examination Plan Will Be Presented

ML20024E385
Person / Time
Site:	Seabrook
Issue date:	08/05/1983
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:
Shared Package
ML20024E383	List: ML20024E382 ML20024E385 ML20024E390 ML20024E393 ML20024E396
References
ISSUANCES-OL, NUDOCS 8308100318
Download: ML20024E385 (2)

Text

- -

~

FILED: Augus t 08CiME}g3 '

USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION {

5 ale -8 P4 :05 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD <

OFF!CE OF SECRt h.,.e00CK In the matter of: BRANCH PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, et al Docket Nos. 50-443 OL i 50-444 OL (Seabrook Station, Units 1 and 2)

SAPL RESPONSE TO BOARD ORDER OF JUNE 30 AND JULY 28, 1983 i

NOW OOMES the Seacoast Anti-Pollution League (SAPL) and replies to the Board's order establishing a schedule of hearings on certain ,

issues in regard to the above-captioned matter for August 17, 1983, et seq. us follows: I;

1. SAPL will be of f ering no direct rebu t tal tes timony in regard  ?

i to the remaining contentions to be heard by the Board at the hearing scheduled for August. i i

2. As directed by the Board, in i ts order of July 28, 1983, SAPL will present a cross-examination plan, to be presented at the commencement of hearings on August 17th. SAPL hereby advises the a

Board and the partles that its cross-examination wi11 be limited to the testimony on evacuation time estimates, offered in response to g NCNP Contentions 111.12 and 111.13. b

3. SAPL also wishes to note its objection to the Board's decisions to:

a. li tigate the issue of evacuation time estimates in the .

August hearing; '

b. parttal granting of summary disposition as to the l evacuation time estimates, and f

l 8300100318 830805  ;

PDR ADOCK 05000443 G PDR

[

~

5

c. elimination of a hearing as to all factual issues concerning the accuracy of the Applicant's time estimates, as apparently affected by the Board's June 30th order.

In this regard, SAPL specifically joins in the position of the

~

Massachusetts Attorney General in this " Petition of Attorney General Francis X. Bellotti f or Directed Cer t i ficat ion of A'iLB decision on f App li can t 's Twenty-F i rs t Mo t ion f o r Summary D i spos i t ion , dated July

- 15 , 1983".

f f

By i t s rulings on the Appli can t 's Twen ty-Fi rs t Mo t ion for Summary Disposition, SAPL avers that this Board has, contrary to established principles of law, shif ted the burden of proof on proving the accuracy l

of a eritical safety issue, t ime for evacuat ion of the EPZ, from the f Applicant to the Intervenors. I t has, thereby, come perilously close to establishing as a matter of law a decision on the critical issue l

of the time for a feasible evacuation, a requirement of NUREG-0654,  !

9 J(10)l.  !

i i

E Respectfully submitted, l Seacoast Anti-Pollution League i By its attorneys, s BACKUS, SHEA & MEYER l e

By: [

Kob'e r t A.

1. V Backus 116 Lowell St., Box 516 Manchester, N.H. 03105 ,

Tel: (603) 668-7272 August 5, 1983 -

t

_. ._