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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] |
Text
. . . .
/066fo I0thLTED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION
% JUL 26 All:36 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD
$0ChSiSORANei!
GShv#f[
i In the Matter of )
) Docket Nos. 50 443 OL PUBLIC SERVICE COMPANY OF ) 50-444 OL NEW HAMPSHIRE, g1 al. ) Off site Emergency Planning
)
'(Seabrook Station, Units 1 and 2) )
NRC STAFF RESPONSE TO APPEAL BOARD MEMORANDUM AND ORDER OF JULY 17,1990 E'aine I. Chan Counsel for NRC Staff 4
July 25,1990
- 88o X860 388?n'a g PDR DS<7
UNITED STATES OF AMERICA i NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD l
In the Matter of )
) Docket Nos,50-443 OL PUBLIC SERVICE COMPANY OF ) 50-444 OL NEW HAMPSHIRE, el al, .) Off site Emergency Planning-
) l (Seabrook Station, Units 1 and 2) .)
NRC STAFF RESPONSE TO APPEAL BOARD MEMORANDUM AND ORDER OF JULY 17.1990 I, INTRODUCTION In its July 17,1990 Memorandum and Order the Appeal Board requested that the Applicants and NRC Staff advise the Appeal Board in a supplemental memorandum on the following questions, 1, Does it appear iu the record that the . SPMC and the- -
November 30,1988 LOA between Holy Cross College and the l lead applicant were amended 'in -respects relevant to the matter of ARC involvement in the operation of the School Host Facility? If so, when (according to the record) did those amendments occur and what (according to the record) does the SPMC and the LOA now provide with respect to the responsibility for the superintendence and staffing of the School' Host Facility?
- 2. If the record does not establish that the SPMC and the November 1988 LOA have been amended in relevant part, how should the previously noted provisions of those documents be reconciled with the present position of the applicants and staff that we erroneously. assumed in -our June. 22 memorandum and order that the ARC "is to' operate the school host facility at Holy Cross College"? In' this connection, as it appears in the SPMC, what was the intended meaning of the phrase "will- provide staff to operate"?
Further, as found in the LOA, what'was the intended meaning of the phreses "under the direction of College officials in i conjunction with the American Red Cross" and, with specific
, - , , w - , - _ - - , __ - , ,. . . - , _
L l 2-reference to the temporary shelter function of the School
~ Host Facility, "under the auspices" of the American Red Cross"? If ' direction" and " auspices were intended for LOA purposes to have some special meaning that would exclude ARC involvement in the operation and staffing of the School Host Facility, where in the record is that special meaning explained? !
Memorandum and Order, July 17,1990 at 5 6. As set forth below, the Staff maintains- ,
its position that the American Red Cross has no role at the School Host Facility.
II. DISCUSSION l A. The record does not contain amendments to the SPMC and the November 30,1988 LOA because arrangements with Holy Cross College were not finalized befoie the record closed.
The amendment of the SPMC to delete the role of the American Red Cross
(" ARC") at the School Host Facility was not made a part of the evidentiary record of the proceeding below. However, the record of the proceeding clearly shows that the parties understood that the SPMC would be revised so that the ARC would not be designated to provide resources at the School Host Facility. The proceedings below were conducted on the predicate that the ARC would not be relied upon to provide resources to school host facilities. Both examination by Intervenor's counsel (Greer, Tr.
21328 29) at the hearing and Massachusetts Attorney General's ("MassAG") proposed findings'show that the parties to the proceeding below clearly understood that the ARC would not provide staffing or respond at the School Host Facility. -
Applicants' prefiled testimony explained that school faculty and day care / nursery school staff arriving at the School Host Facility would be expected to supervise children
' h1assachusetts Attorney General James M. Shannon's Proposed Findings of Fact, Rulings of Law, and Conclusions With Respect to the Seabrook Plan for Afassachusetts Communities and the Exercise Contentions, ("MassAG Proposed Fdg.") August 14,'1989 at 8.1.66.D.
l
l 3
until they are released to the custody of their parents or guardians, or transferred to an ARC-operated congregate care center. Applicants' Rebuttal No. 6, ff. Tr. 21049, at 25
("Appls. Reb. No. 6").2 That testimony delineated the various categories of facilities which would assist evacuees during an emergency and noted that evacuees arriving at reception centers would be directed to a " School Host Facility or Congregate Care Center " Id. at 60. As to these two facilities, Applicants stated that activities at the School Host Facility "will be coordinated by ORO personnel" and that Congregate Care Centers "are operated by the American Red Cross to provide sleeping and feeding arrangements." /d. at 60-61.
The record below does not contain changes to the SPMC and letters of agreement
("LOAs") deleting the role of the ARC at the School Host Facility at Holy Cross College. Those amendments did not become part of the record because arrangements for the use of the large college campus as a School Host Facility were not finalized and negotiations concerning the facility were not. complete. See Sinclair, Tr. 21329 30; Licensees' Response to Appeal Board Memorandum and Order of July 17,1990, dated July 19,1990, (" July 19 Response") at 110.3 Applicants' prefiled testimony, however, 2
The record further shows that other resources were being considered to provide aid in caring for children at Holy Cross College, including the staff and students at that college and evacuated high school students who could assist in caring for young children.
Tr. 21329 30, 21,322-23, 1
3
- l. Licensees admit that while the November 1988 LOA, inadvertently, has not been revised, the School Host Facility support plan for Holy Cross College which became effective in October 1989 (Licensees' Response to Appeal Board Memorandum and Order of June 22, 1990, dated July 11, 1990, Affidavit of Anthony M. Callendrello, Attachment D, " Massachusetts School Host Facility Plan, College of the Holy Cross,
)
Worcester, Massachusetts," dated 10/2/89)is the controlling document. July 19 Response at 8-10. The Staff agrees.
~~ .~
i 4
did indicate that a School Host Facility had been designated in Worcester, MA and that ,
a a subsequent amendment to the SPMC would document the designation. Appls. Reb.
No. 6 at 65. In addition, cross-examination by counsel for the MassAG revealed that i
Holy Cross College was being changed from a congregate care facility to the Schoo! ,
Host Facility. Tr. 21328 30; Tr. 22680-81.
p Finally, the MassAG's proposed findings ,
recognized that Applicants *do not plan to have the Red Cross respond to the school host facility." MassAG Proposed Finding 8.1.66.D.
B. Revisions to the SPMC Provide ARC Staffing for the Congregate Care Facilities Only The Appeal Board's second question asks "how should the previously noted provisions (of the SPMC and the LOA) be reconciled with the present position of the applicants and staff that [the Appeal Board) erroneously assumed . . . that the ARC 'is to operate the School Host Facility at Holy Cross CollegeT " As stated, the evidence at the hearing indicated that those documents were being amended so as not to provide a role for the ARC at the School Host Facility. Thus, there is no need to reconcile the earlier documents with the scheme for the care of evacuated children litigated in this proceeding.
The task is to assure that the documents are amended to reflect this scheme and see that adequate provision is made for evacuated children.'
The ultimate question is not whether the ARC will staff the School Host Facility, but whether the plan provisions with respect to school children provide " reasonable
. assurance that adequate protective measures can and will be taken in the event of a 4
' The Appeal Board in its Order of July 17,1990, also asked what was the meaning of phrases in the LOA referring to the ARC. As we have indicated, litigation below was conducted on the predicate that the ARC was not relied upon to provide aid at the-School Host Facility. Appls. Reb. No. 6 at 60 61; Tr. 21328-30; MassAG Proposed Fdg.
8.1.66.D.
1 i
i 5- _
i radiological emergency" persuant to 10 C.F.R. I 50.47(a)(1). ORO personnel, as i supplemented by volunteers such as school teaching staff who may choose to continue supervising children at the facility,s and the "best efforts" response of state and local officials in an actual emergency6 should be adjudged adequate to provide sufficient 5
Appls. Reb. No. 6 at 25.
6 10 C.F.R. 6 50.47(c)(1)(iii). The Commission in amending 10 C.F.R. I 50.47(c) '
to specifically encompass instances where state or local governments declined to participate in emergency planning stated:
In this rule, the Commission adheres to the
" realism doctrine," enunciated in its 1986 decision in Long Island Lighting Co. (Shoreham Nuclear .
Power Station, Unit 1), CL18613,24 NRC 22, which holds that in an actual emergency, state and local governmental authorities will act to protect their citizenry, and that it is appropriate for the NRC to take account of that self evident fact in evaluating the adequacy of a utility's emergency plan. The NRC's realism doctrine is grounded squarely in common sense. As the Commission stated in LILCO, even where state and local officials " deny they ever would or could cooperate with [a utility) either before or even during an accident," the NRC " simply l cannot accept these statements at face value."
l 24 NRC 22,29 fn.9. It would be irrational for l anyone to suppose that in a real radiological l emergency, state and local public officials would
- refuse to do what they have always done in the l
event of emergencies of all kinds: do their best !
to help protect the affected public.
? .
The presiding Licensing Board should not hesitate to reject any claim that state and local
, officials will refuse to act to safeguard the health and safety, of the public in the event of an actual emergency. In actual emergencies, state, local, and federal officials have invariably done (continued...)
L o
6-personnel to supervise and care for children at Holy Cross College in the event of a radiological emergency.
The Commission has emphasized the predictive nature of emergency planning _
findings. Statement of Consideration on Emergency Planning and Preparedness, (10 C.F.R.
6 50.47(a)(1)), 47 Fed. Reg. 30232 30235 (July 13,1982); Long Island Lighting Co.
(Shoreham Nuclear Power Station, Unit 1), CLI 86-11, 23 NRC 577, 581 (1986). The Appeal Board has recognized that emergency response plans need not be in final form in order for conclusions to be reached that they will provide reasonable assurance that adequate protective measures can and will be taken in the event of a radiological emergency. Philadelphia Electric Co. (Limerick Generating Station, Units 1 and 2),
ALAB 808,21 NRC 1595,1601 (1985); Detroit Edison Co. (Enrico Fermi Atomic Power Plant, Unit 2, ALAB 730,_17 NRC 1057,1066 (1983). What is required is that a plan be sufficiently developed to permit a board to make its " reasonable assurance" finding.
Id. As we- have detailed, the record clearly reflected that distinct staffing provisions were to be made for the designated School Host Facility in order to predicate a finding i
of reasonable assurance that adequate provisions can and will be taken to care for the l
l 6 (... continued)
, their utmost to protect the citizenry, as two hundred years of American history amply demonstrates.
Statement of Consideration on Amenaments to 10 C.F.R. 6 50.47(c)(1), 52 Fed. Reg.
42078,42082,42085 (Nov. 3,1987); see also Marsachusetts v. United Sm/es,856 F.2d 378, 383 (1st Cir.1988). Holy Cross College is in Worcester, Man nsetts, a major L metropolitan area in that state.
7.
I children at the School Host Facility.'
l l
The Staffs earlier statements that the ARC had no role at the School Host i
Facility were made with the knowledge that Applicants' testimony stated the SPMC would be amended to reflect the new arrant,ements with the school host facility. - Appls.
Reb. No. 6 at 65. The Staff also assumed, pursuant to Applicants' commitment, that any references in the SPMC, the implementing procedures and facility support plans regarding the revised facility arrangements, including staffing, would be amended to reflect the final agreement. See Louisiana Power & Light Co. (Waterford Steam Electric Station, Unit 3), ALAB 732,17 NRC 1076,1103 04,1106 07 (1983). As Ucensees have stated in their July 19 Response, those revisions have been substantially implemented.-
l III. CONCLUSION 1
For the reasons discussed above, the NRC Staff maintains its earlier position that the School Host Facility at Holy Cross College will not be staffed by the ARC. While i
the version of the SPMC that was received into evidence does not reflect plan revisions to that effect, the record of the proceeding shows that the SPMC was to be revised to i
7
' In note 4 in its Order of July 17,1990, at p. 4, the Appeal Board pointed to an inconsistency between the Ucensing Board's finding in LBP 89 32, 30 NRC 375, 552 (1989) and the Ucensees' and NRC Staffs assertion that the ARC is not expected at
' Holy Cross College. The Licensing Board was correct in that there are two Congregate Care Centers for special needs to be staffed by the ARC. These are the facilities at the Shriners Auditorium in Wilmington, Massachusetts and the back-up facility in Westboro, Massachusetts. However, the facility at Holy Cross College was not to be staffed by the ARC. Appls. Reb. No. 6 at 60-61; Tr. 21328 30.
,- ~,,u.
v 8 i .
change Holy Cross College from a congregate care facility to a School Host Facility and not to set out a role for the ARC at that facility.
Respectfully submitted,
~
N. _. .
l Elaine I. Chan ,
Counsel for NRC Staff Dated at Rockville, Maryland this 25th day of July,1990 ,
l S
9
e DNP UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 9 g 26 g) G6 L^* BEFORE THE ATOMIC SAFETY AND LICENSING APPEAIShdNbi -
w gum l
In'the Matter of )
) Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF ) 50444 OL NEW HAMPSHIRE,11 al. ) Off site Emergency Planning !
) .
(Seabrook Station, )
Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO APPEAL BOARD MEMORANDUM AND ORDER OF JULY 17,1990" 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 i
tystem, or as ' indicated by double asterisks, by facsimile transmission, or as indicated by triple asterisks, by express mail, this 25th 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 Peter Brann, Esq.
- Assistant Attorney General Richard F. Cole
- Office of the Attorney General-Administrative Judge State House Station 6.
Atomic Safety and Licensing Augusta, ME- 04333 Board U.S. Nuclear Regulatory Diane Curran, Esq."
Commission Harmon, Curran &-Tousley Washington, DC 20555 2001 S Street, NW
- Suite 430' Kenneth A. McCollom"' Washington, DC 20009' Administrative Judge 1107 West Knapp Street John Traficonte, Esq."
Stillwater, OK 74705 Assistant Attorney General Office of the Attorney General One Ashburton Place,19th Floor Boston, MA 02108 w .m - =
l l
2-
. John P. Arnold Allen Lampert Attorney General .l Civil Defense Director !
George Dana Bisbee Town of Brentwood Assistant Attorney General .20 Franklin Street Office of the Attorney General Exeter, NH 03833 -
25 Capitol Street Concord, NH 03301 William Armstrong 1
Civil Defense Director t
Robert A. Backus, Esq. Town of Exeter i Backus, Meyer & Solomon 10 Front Street l 116 I_owell Street Exeter, NH 03833 Manchester, NH 03106 l
Gary W. Holmes, Esq.
HJ. Flynn, Esq. Holmes & Ellis Assistant General Counsel 47 Winnacunnet Road Federal Emergency Management Hampton, NH .03842 Agency 500 C Street, SW Barbara J. Saint Andre, Esq.
Washington, DC 20472 Kopelman and Paige, P.C.
Counsel for Amesbury, Jack Dolan Newburyport & Salisbury Federal Emergency Management _ 101 Arch Street Agency Boston, MA 02110
( Region I l J.W. McCormack Post Office & Judith H. Mizner, Esq.
Courthouse Building, Room 442 Counsel for West Newbury Boston, MA 02109 79 State Street .
Newburyport, MA 01950 Paul McEachern, Esq.
Shaines & McEachern Robert Carrigg, Chairman 25 Maplewood Avenue Board of Selectmen P.O. Box 360 Town Office Portsmouth, NH 03801 Atlantic Avenue North Hampton, NHL 03862
- George Hahn, Esq.
Attorney for the Examiner Mrs. Anne E. Goodman, Chairman Hahn & Hesson Board of Selectmen-350 5th Ave., Suite 3700 1315 Newmarket Road New York, NY 10118 Durham, NH 03824 R. Scott Hill Whilton, Esq. Hon. Gordon J. Humphrey
. I.agoulis, Hill-Whilton United States Senate
& Rotondi 531 Hart Senate Office Bldg.
79 State Street Washington, DC 20510 Newburyport, MA 01950
Y
.- 3 Richard R. Donovan Jane Doherty, Director Federal Emergency Management Seacoast Anti Pollution league Agency 5 Market Street
. Federal Regional Center Portsmouth, NH 03801 130 228th Street, SW Bothell, WA 98021 9796 Robert R. Pierce, Esq.*
Atomic Safety and Licensing Peter J. Matthews, Mavor
' Board Panel City Hall U.S. Nuclear Regulatory Newburyport, MA 01950 Commission Washington, DC 20555 Michael Santosuosso, Chairman Board of Selectmen Atomic Safety and Licensing South Hampton, NH 03827 Appeal Panel (6)"
U.S. Nuclear Regulatory Ashod N. Amirian, Esq. Commission Town Counsel for Merrimac Washington, DC 20555' 145 South Main Street P.O. Box 38 Atomic Safety and Licensing Bradford, MA 01835 Board Panel (1)*
U.S. Nuclear Regulatory Suzanne Breiseth Commission Board of Selectmen Washington, DC 20555 Town of Hampton Falls Drinkwater Road Office of the Secretary (2)* l Hampton Falls, NH 03844 U.S. Nuclear Regulatory Commission George Iverson, Director Washington, DC 20555 ,
NH Office of Emergency Attn: Docketing and Service '
Management Section State House Office Park South 107 Pleasant Street Concord, NH 03301 4
[OE m .
h[x _ ;
Elaine 1. Chan Counsel for NRC Staff 4
- ,,