ML20055F588
| ML20055F588 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/05/1990 |
| From: | Reis E NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#390-10606 ALAB-924, LBP-90-12, LBP-90-20, OL, NUDOCS 9007180091 | |
| Download: ML20055F588 (6) | |
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h I-h July 5. 1990 UNITED STATES OF AMERICA UfNC NUCLEAR REGUIATORY COMMISSION 10 JL -6 P3 :46 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD l
.g*rrtct or ![yTApv 90CF.EhNG s W V'M In the Matter of
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Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF
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50-444 OL NEW HAMPSHIRE, 31 31
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Off-site Emergency Planning
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(Seabrook Station,
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Units 1 and 2)
)
NRC STAFF'S COMMENTS ON LICENSING BOARD'S l
RECOMMENDATIONS IN LBP-90-20 REGARDING OUESTIONS REFERRED TO THE APPEAL BOARD IN LBP-90-12 f
The NRC Staff submits these comments under this Appeal Board's Order of July 2,1990, which provided that the parties might submit comments concerning tha Licensing Board's recommendation in LBP-90-20, 31 NRC ----- (slip op. at 9) (June 27, 1990), that the two questions referred to the Appeal Board in LBP-90-12, 31 NRC ----
(slip op, at 53-55) (May 3, 1990), be vacated.
The referral of those questions had been accepted by the Appeal Board in an order l
i of May 18, 1990, and the parties have submitteu comments on the referred questions.
L The questions referred by the Licensing Board to'the Appeal Board concern the provision for sheltering in the New Hampshire Radiological Emergency Response Plan (NHRERP). Egg LBP-90-12, slip op. at 55.
The Licensing Board has since determined the issues in regardtoshelfrin in the NHRERP (LBP-90-20, slip op. at 9); the
, y< s Appeal Board'6 ans to the referred questions was not required to deal with this matter.
Thus, it would appear that the Licensing Board no longer has any need for the answer to the questions it 9007180091 900705 PDR ADOCK 05000443 o
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referred to the Appeal Board and no need appears to act on the referral.
Should the Licensing Board have, in ruling upon this issue, aisinterpreted the NHRERP or ruled in a manner contrary to the romand in ALAB-924, 30 NRC 331 (1989), those matters are properly dealt with upon appeal and should not be dealt with in the context of a referral that has now become moot.'
' A motion for summary disposition of the one remaining issue remanded in ALAB-924 (concerning evacuation time estimates for advance life support (ALS) patients) is
- pending, with the Intervenors' brief due by the end of this month.
Memorandum and Order, June 27, 1990, at 5.
After a ruling on that issue, appeal of rulings on the remanded issues would seem to be appropriate.
Jing Appeal Board Order, July 3, 1990; ALAB-933, 31 NRC ---- (slip ep. at 13-15).
No cause appears to consider the subject questions at this time by way of directed certification under 10 C.F.R.
$$ 2.718(i) and 2.785 (b) (1), as it does not appear that serious irreparable harm will be caused which could not be remedied by later appeal or that the ruling affects on-going proceedings in an unusu tl or pervasive manner as litigation on the " sheltering" issue is now concluded.
fig.a Public Service Co. of Indiana (Marble Hill Nuclear Generating Station, Units 1 and 2), ALAB-405, 5 NRC 1190, 1192 (1977); Public Service Co. of New Nampshire, (Seabrook Station Units 1 and 2),
ALAB-762, 19 NRC 565, 568 (1984).
Nor can there be a showing that failure to address the questions now, rather than on appeal, will cause the public interest to suffer or result in unusual delay or expense. 33g 10 C.F.R. $ 2.730(f); Public Service Co. of New Nampshire (Seabrook Station, Units 1 and 2), ALAB-271, 1 NRC 478, 483 (1975).
As the Commission determined in CLI-90-3, 31 NRC
- 219, 230 (1990),
"nothing in ALAB-924
[ including determination of the " sheltering issue) by its terms precludes a full-power authorization pending completion of the remand proceeding."
See also id, at 260.
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For these reasons the Appeal Board should accept the Licensing i
Board's recommendation that the acceptance of the two questions.
i referred to the Appeal Board in LBP-90-12 be vacated.
Respectfully submitted, f-Edwin J. R s
Deputy As stant General Counsel i
for Reactor Licensing
]
i Dated in Rockville, Maryland this 5th day of July, 1990 l
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gg9 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION gp BEFORE THE ATOMIC SAFETY AND LICENSING APPF.1L In the Matter of
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Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF
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50-444 OL NEW MAMPSHIRE, at 31
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Off-site Emergency Planning
)
(Seabrook Station,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S COMMENTS ON LICENSING BOARD'S RECOMMENDATIONS IN LBP-90-20 REGARDING QUESTIONS REFERRED TO THE APPEAL BOARD IN LBP-90-12" in the above captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, this 5th day of July 1990:
Ivan W.
Smith, Chairman (2)*
Thomas G. Dignan, Jr., Esq.
Administrative Judge Robert K. Gad, III, Esq.
Atomic Safety and Licensing Ropes & Gray Board One International Place U.S. Nuclear Regulatory Boston, MA 02110-2624 Commission Washington, DC 20555 Robert A. Backus, Esq.
Backus, Meyer & Solomon Richard F. Cole
- 116 Lowell Street Administrative Judge Manchester, NH 03106 Atomic Safety and Licensing Board Peter Brann, Esq.
U.S. Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General Washington, DC 20555 State House Station 6 Augusta, ME 04333 Kenneth A. McCollom Administrative Judge John Traficonte, Esq.
1107 West Knapp Street Assistant Attorney General Stillwater, OK 74705 Office of the Attorney General One Ashburton Place,19th Floor Boston, MA 02108
i t
' Geoffrey Huntington, Esq.
William Armstrong Assistant Attorney General Civil Defense Director Office of the Attorney General Town of Exeter 1
25 Capitol Street 10 Front Street Concord, NH 03301 Exeter, NH 03833 Diane Curran, Esq.
Gary W. Holmes, Esq.
Harmon, curran & Tousley Holmes & Ellis 2001 S Street, NW 47 Winhacunnet Road Suite 430 Hampton, NH 03842 Washington, DC 20009 Barbara J. Saint Andre, Esq.
i H.J. Flynn, Esq.
Kopelman and Paige, P.C.
Assistant General Counsel Counsel for Amesbury, Federal Emergency Management Newburyport & Salisbury Agency 101 Arch Street 500 C Street, SW Boston, MA 02110 Washington, DC 20472 Judith H. Mizner, Esq.
Jack Dolan Counsel for West Newbury Federal Emergency Management 79 State Street Agency Newburyport, MA 01950 Region I J.W. McCormack Post Office &
Robert Carrigg, Chairman Courthouse Building, Room 442 Board of Selectmen l
Boston, MA 02109 Town Office Atlantic Avenue Paul McEachern, Esq.
North Hampton, NH 03862 Shaines & McEachern l
25 Maplewood Avenue Mrs. Anne E. Goodman', Chairman P.O. Box 360 Board of Selectmen l
Portsmouth, NH 03801 13-15 Newmarket Road Durham, NH 03824 George Hahn, Esq.
Attorney for the Examiner Hon. Gordon J. Humphrey Hahn & Hesson United States Senate 350 5th Ave., Suite 3700 531 Hart Senate Office Bldg.
New York, NY 1011'8 Washington, DC 20510 i
R. Scott Hill-Whilton, Esq.
Richard R. Donovan 1
Lagoulis, Hill-Whilton Federal Emergency Management
& Rotondi Agency 79 State Street Federal Regional Center Newburyport, MA 01950 130 228th Street, SW Bothell, WA 98021-9796 l
l i
. Allen Lampert civil Defense Director Peter J. Matthews, Mayor Town of Brentwood City Hall 20 Franklin Street Newburyport, MA 01950 Exeter, NH 03833 Michael Santosuosso, Chairman Board of Selectmen Robert R. Pierce, Esq.*
Atomic Safety and Licensing south Hampton, NH 03827 Board Panel Ashod N. Amirlan, Esq U.S. Nuclear Regulatory Town Counsel for Merrimac Coqpisnion j
145 South Main Street Washington, DC 20555 P.O. Box 38 Bradford, MA 01835 Atomic Safety and Licensing Board Panel (6)*
Suzanne Breiseth U.S. Nuclear Regulatory Board of Selectmen Commission Town of Hampton Falls Washington, DC 20555 Drinkwater Road Atomic Safety and Licensing Hampton Falls, NH 03844 Board Panel (1)*
U.S. Nuclear Regulatory George Iverson, Director Commission NH office of Emergency Management Washington, DC 20555 State House Office Park South 107 Pleasant Street office of the Secretary (2)*
l Concord, NH 03301 U.S. Nuclear Regulatory Commission Jane Doherty, Director Washington, DC 20555 Attn:
Docketing and Service Seacoast Anti-Pollution League 5 Market Street Section Portsmouth, NH 03801 Edwin J/ Reis i
L Deputy / Assistant General Counsel for Reactor Licensing i
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