ML20028B926

Request for Clarification of ASLB 820913 Memorandum & Order Re Resubmission of Contentions on Offsite Emergency Planning.Time for Resubmission Unclear.Certificate of Svc Encl

ML20028B926
Person / Time
Site:	Seabrook
Issue date:	11/30/1982
From:	Shotwell J MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8212070242
Download: ML20028B926 (6)

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UNITED STATES OF AMERICA U kfpfD NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSIg Bg,R4 N0 d0 Before Administrative Judges:

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Helen F. Hoyt, Chairmait $hck Dr. Emmeth A. Luebke Dr. Jerry Harbour

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In the Matter of )

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) Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY ) 50-444 OL OF NEW HAMPSHIRE, _e _t _a l .

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) November 30, 1982 (Seabrook Station, Units 1 and 2) )

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REQUEST FOR CLARIFICATION OF BOARD ORDER RE RESUBMISSION OF CONTENTIONS ON OFF-SITE EMERGENCY PLANNING In its Memorandum and Order dated September 13, 1982, the Board denied contentions relating to off-site emergency planning as premature, while granting parties leave to l resubmit or reframe such contentions at a later date. See, l

e.g., Memorandum and Order, September 13, 1982, [" Order"]

l l at 89-90. That ruling was not altered in the Board's more recent Memorandum and Order, dated November 17, 1982.

The Commonwealth of Massachusetts has not appealed the Board's ruling on this point and submits this pleading simply to request clarification as to the appropriate time for resubmission of off-site emergency planning contentions. The 9212070242 B21130 DRADOCK05000ggg

Board's Order variously describes the appropriate time for resubmission as "...when the additional plans and

[ FEMA] reports are issued...", "... shortly after issuance of the plans or reports..." and "...upon the filing of the FEMA report...". Order, at 90 [ Emphasis supplied).

Preliminary draft plans will apparently be submitted to FEMA some time in January of 1983. However, no FEMA report is expected until April, 1983. Thus, the Commonwealth and other parties wishing to resubmit emergency planning contentions 1 are in need of clarification as to which of these events should be viewed as triggering their obligation to refile.

Counsel for the Commonwealth has been informed by representatives of the Federal Emergency Management Agency that, while it expects to receive drafts of off-site emergency plans for the Seabrook vicinity some time in January, 1983, it will not be issuing even " interim findings" with respect to those plans until April 1, 1983, at the earliest. We are further informed that FEMA ~may well recommend revision of the draft plans prior to April.

While the Commonwealth is fully prepared to resubmit off-site emergency planning contentions within a reasonable time after draft plans are submitted to FEMA, if that is 1/ Other intervenors have been advised of the Commonwealth's Intention to file this request and agree with the need for clarification on this point.

the Board's pleasure, that approach would seem to hold the potential for considerable revision of certain parties' contentions over time as plans are revised to meet FEMA's concerns. Moreover, it places all intervenors in the position of effectively challenging the adequacy of FEMA's review process before that process has even taken place. We suggest, therefore, that the Board adopt FEMA's issuance of interim findings as the event triggering the parties' obligation to prepare and submit any off-site emergency planning contentions which they wish to litigate.

In the alternative, we would urge the Board to leave this question for resolution following the next prehearing conference, at which conference FEMA representatives could perhaps advise the Board as to the likelihood of plan revisions prior to the issuance of interim findings and FEMA's anticipated review schedule.

Respectfully submitted, l

THE COMMONWEALTH OF MASSACHUSETTS l

By:

, , . _s enW Jo /pn Shotwell "'

Assistant Attorney General l Environmental Protection Division l Public Protection Bureau One Ashburton Place, 19th Floor Boston, MA 02108

! (617) 727-2265 f

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cotKElED UWp 82 DEc -6 N000 CERTIFICATE OF SERVICE cn tE u SEC[E DOChUhcg I, Jo Ann Shotwell, Esquire, hereby certify that a copy of the foregoing Request has been mailed this 30th day of November, 1982, first class mail, postage prepaid, to:

Helen Hoyt, Esq., Chairwoman Dr. Emmeth A. Luebke Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel-U.S. NRC U.S. NRC Washington, D.C. 20555 Washington, D.C. 20555 Dr. Jerry Harbour E. Tupper Kinder, Esq.

Administrative Judge Assistant Attorney General Atomic Safety and Licensing Environmental Protection Division Board Panel Office of the Attorney General U.S. NRC 208 State House Annex Washington, D.C. 20555 Concord, NH 03301 Lynn Chong Rep. Nicholas J. Costello Bill Corkum ist Essex District Gary McCool Whitehall Road Box 65 Amesbury, MA 01913 Plymouth, NH 03264 Roy P. Lessy, Jr., Esquire Tomlin P. Kendrick Office of the Executive Legal 822 Lafayette Road Director, 10205 MNBB P.O. Box 596 U.S. NRC Hampton, NH 03842 Washington, D.C. 20555 Robert A. Backus, Esquire William S. Jordan, II, Esquire 116 Lowell Street Ellyn R. Weiss, Esquire P.O. Box 516 Lynne Bernabei Manchester, NH 03105 Diane Curran Harmon & Weiss 1725 I Street, N.W.

Suite 506 Washington, D.C. 20006

Rep. Arnie Wight Phillip Ahrens, Esquire State of New Hampshire Assistant Attorney General House of Representatives State House, Station 6 Concord, NH 03301 Augusta, ME 04333 Paul A. Fritzche, Esquire Donald L. Herzberger, MD Public Advocate George Margolis, MD State House, Station 12 Hitchcock Hospital Augusta, ME 04333 Hanover, NH 03755 Wilfred L. Sanders, Esquire Edward J. McDermott, Esquire Lawrence M. Edelman, Esq. Ann C. Thompson, Esq.

Sanders and McDermott Sanders and McDermott 408 Lafayette Road 408 Lafayette Road Hampton, NH 03842 Hampton, NH 03842 Thomas G. Dignan, Jr. Esquire Senator Robert L. Preston Robert K. Gad, III, Esquire State of New Hampshire-Ropes and Gray Senate Chambers 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel Board Panel U.S. NRC U.S. NRC Washington, D.C. 20555 Washington, D.CC. 20555 Docketing and Service Sec. Robert L. Chiesa, Esquire Office of the Secretary Wadleigh, Starr, Peters, U.S. NRC Dunn & Kohls Washington, D.C. 20555 95 Market Street Manchester, NH 03101 Ms. Patti Jacobson David A. Repka, Esquire j 3 Orange Street Counsel for NRC Staff Newburyport, MA 01950 U.S. NRC l Washington, D.C. 20555 1

Cooperative Members for Beverly Hollingworth Responsible Investment 7 A Street

! Box 65 Hampton Beach, NH 03842 l Plymouth, NH 03264 Robert G. Perlis Jane Doughty Office of the Executive Legal Field Director Director, 10205 MNBB Seacoast Anti-Pollution League U.S. NRC 5 Market Street Washington, D.C. 20555 Portsmouth, NH 03801 l

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David R. Lewis Brian P. Cassidy Atomic Safety and Licensing Board Regional Counsel U.S. 11uclear Regulatory FEMA, Region 1 Commission John W. 14cCormack Post Of fice Washington, D.C. 20555 and Courthouse Boston, MA 02109

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g Atiti SHOTWELL

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Kssistant Attorney General Environmental Protection Division Public Protection Bureau Department of the Attorney General One Ashburton Place, 19th Floor Boston, Massachusetts 02108 I

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