ML20059M654
| ML20059M654 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/27/1990 |
| From: | Chan E, Matt Young NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#490-10861 OL, NUDOCS 9010050149 | |
| Download: ML20059M654 (8) | |
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$2W DOCKETED UNITED STATES OF AMERICA usNRC-
- NUCLEAR REGULATORY COMMISSION i
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- TO - SEP 27 L P153!
T BEFORE THE COMMISSION-cmcr or ticarite'E
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-In the Matter of
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Docket Nos. 50-443 OL
- PUBLIC SERVICE COMPAh"t' OF
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50-444 OL NEW HAMPSHIRE, c1 al.
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Off site Emergency Planning
)
(Seabrook Station, Units 1 and 2)
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.NRC STAFF RESPONSE TO INTERVENORS' MOTION TO FILE SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF EMERGENCY MOTION TO REOPEN THE RECORD l
Mitzi A. Young
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Senior Supervisory Trial Attorney Elaine I. Chan Counsel for NRC Staff q
- September 27,1990 rt.
'I 9010050149 900927 DR ADOCK 0500 3
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o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
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Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF
)
50-444 OL NEW HAMPSHIRE, c.1 al.
)
Off site Emergency Planning
)
(Seabrook Station, Units 1 and 2)
)
dRC STAFF RESPONSE TO INTERVENORS' MOTION TO FILE SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF EMERGENCY MOTION TO REOPEN THE RECORD INTRODUCTION On August 7,1990, the Massachusetts Attorney General (Mass AG), Seacoast Anti Pollution L: ague (SAPL) and New England Coalition on Nuclear Pollution (NECNP) (hereinafter referred to as "Intervenors") filed an " Emergency Motion" seeking (a) to reopen the closed record of this proceeding on the New Hampshire Radiological Emergency Response Plan ("NHRERP"), with regard to the adequacy of New Hampshi- 's current NHRERP staffing levels, and (b) to obtain an immediate shutdowm of the plant pending the conclusion of any such reopened proceeding.F On August 16, 21 and 22,1990 the Licensee and NRC Staff filed responses, supported by affidavits, in opposition to the Motion.F ulntervenors' Emergency Motion To Reopen the Record on the Adequacy of the Staffing of the NHRERP and for Immediate Shutdown, dated August 7, 1990
(" Emergency Motion").
FLicensees' Response to Intervenors' Emergency Motion to Reopen the Record on the Adequacy of the Staffing of the NHRERP and For Immediate Shutdown, dated (continued...)
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En 2-In a filing dated September 7,1990,F Intervenors now ask that the Commission accept a September 7,1990 affidavit by Michael Sinclair as further' support for their emergency motion to reopen the record.on the. NHRERP and for immediate plant shutdown. Intervenors assert that the Supplemental Affidavit shows that affidavits filed by the Licensee and the Staff "do not support a finding of reasonable assurance that adequate protective measures can be taken, in regard. to implementation of -the NHRERP" because (1) there is no assurance that the claimed personnel resources are available and (2) FEMA erred in assuming that personnel shortages would be alleviated. Supplemental Motion at 2 3.
DISCUSSION The Staff submits that Intervenors' Supplemental Motion is not contemplated by.
the rules, proffers information on an untimely basis, and fails to raise a significant safety issue.or to demonstrate that a " materially different result would be or would have
- been likely had the information been co'nsidered initially." 10 C.F.R. 6 2.734(a). While 4
the original motion to reopen of August 7,1990 was predicated upon NHRERP staffing-L levels, this new filing is predicated mainly upon an alleged lack of training of the l
NHRERP staff. Compare Emergency Motion at 4 6 sith Supplemental Motion at 2 3.
7 L
F(... continued)
August 16, 1990, as corrected by a letter from T. Dignan, Counsel for licensees, which forwarded " Affidavit of George L. Iverson," dated - August 21, 1990; NRC Staff's Respme to Intervenors' " Emergency Motion to Reopen the Record on The Adequacy of the dtaffin, of the NHRERP and for Immediate Shutdown,". dated August 22, 1990.
FIntervenors' Motion to File " Supplemental Affidavit in Support of Emergency Motion to Re Open the Record on the Adequacy of the Staffing of the NHRERP and for Immediate Shutdown," dated September 7,1990 (" Supplemental Motion"). Appended to the Supplemental Motion was the " Supplemental Affidavit of Michael C. Sinclair," dated
- September 7,1990 (" Supplemental Affidavit").
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i Thus, there is no basis to grant the motion and accept this latest filing under the Rules of Practice of the Commission.V The Staff, however, recognizes the Commission can
-l accept this filing as a. matter of discretion, and has no objection to the Commission.
considering this latest filing of the Intervenors along with the Ucensees' Reply. of September 24' 1990.on that basis.F Should the Commission decide to consider these latest filings, the Staff would point out that the Supplemental Affidavit prosides no basis to conclude that there is a
?ack of adequate staffing to implement the NHRERP.
Intervenors had argued that 1
Mr. Sinclair's August 7,1990 affidavit showed that the State no longer had sufficient -
staffing to implement the NHRERP because of an alleged 25% shortage in staffing under the NHRERP. Emergency Motion at 4 6.
The Supplemental Affidavit does nothing to bolster Intervenors' claim that a 20-25% vacancy exists or to dispute the FIntervenors' Supplemental Motion is arguably untimely because Mr. Sinclair does not -
- provide any new information nor raise an issue which could not have been addressed in his earlier affidavit.
While Mr. Sinclair states that "the rosters highlight several inconsistencies relating ' to the issues initially raised" and that. training was
" emphasized... in paragraphs 9 and 11 of my original affidavit," Supplemental
-Affidavit at 15 2, 5, Intervenors, however, grounded their initial motion solely on the alleged 25% vacancy rate and did not contend that -training was an issue.
See Emergency Motion at 4 6. A movant must show that the issue it seeks to raise could not have been raised earlier. Pacific Gas and Electric Co. (Diablo Canyon. Nuclear Power Plant, Units 'I and 2), AIAB-775,19 NRC 1361,1366 (1984),- affd sub, nom.
San Luis Obispo Afothers for Peace v. NRC, 751 F.2d 1287 (D.C. Cir.1984), affd on rehg en banc, 789 F.2d 26 (1986); Aferropolitan Edison Co. (Three Mile Island Nuclear -
Station, Unit 1), ALAB-815, 22 NRC 198, 202 (1985). See Detroit Edison Co. (Enrico Fermi Atomic Power Plant, Unit 2), ALAB-707,16 NRC 1760,1764-65 (1982).
FLicensees' Reply to Intervenors' Motion to File Supplemental Affidavit in Support of Emergency Motion to Re-Open the Record on the Adequacy of the Staffing of the e
NHRERP and for Immediate Shutdown, dated September 24, 1990. Appended to this response is the " Affidavit of George L Iverson," dated September 24,1990 ("Iverson Reply").
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State of New Hampshire aftldavit submitted in support of the Licensees' response, o.
~ herein it was shown that less than 10 positions necessary to implement the NHRERP-w
[a-are vacant and that the positions will be filled.F The latest affidavit of Mr. Sinclair, although quibbling with the total number of Staff necessary to implement the NHRERP, seems to accept that there are very few vacancies.
See Supplemental
^
Affidavit at 5179,11.
The major thrust of the latest affidavit is that there is no 0
assurance that certain NHRERP personnel have been adequately trained. Supplemental j
Motion at 2 3; Supplemental Affidavit it 5, 10, 15, 21.
l i
The Affidavit of George L.
Iverson that accompanies the Licensee's
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. September 24, 1990 response fully explains the very small number of staffing vacancies that now exist, that all but 138 of 1312 State and local personnel have been trained for their specific positions, and that there are plans to train the-remaining 138 before the il end of the -year.
Iverson Reply at S 7.
In addition, Mr. Iverson explains how the prosisions of the NHRERP ensure the maintenance of an adequate number of trained l-Iverson Reply at 117-8. Further, Mr. Iverson has-li pc....I to implement the plan.
averred, based on firsthand knowledge, that adequate numbers of trained staff exist to l
implement the NHRERP. Iverson Reply at 19. No contrary, reliable information hasL been supplied to buttress the motion to reopen the record. In short, the Intervenors
.i I
FAffidavit of George L Iverson, dated August 16,1990, at 112 5.
The Intervenors' l
Supplemental Affidavit principally questions the adequacy of NHRERP staffing on the basis of supposition and not on the basis of facts within Mr. Sinclair's primary 1
knowledge.
See Supplemental Affidavit at SS 4, 7 9, 11, 15, 19 21; d. 10 C.F.R.
i 2.734(b).
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5-A have not raised a safety significant issue ' which warrants reopening the record or shutdown of the plant.F CONCLUSION w
P The Staff. has; no objection to the Commission considering-the supplemental affidavits submitted by the' Intervenors and th: Applicants as a matter of discretion.
Should the Commission exercise its discretion and consider the matters raised therein, the Staff submits.that nothing in the Intervenors' Emergency Motion or the Supplemental Affidavit. raises a significant safety issue which would warrant reopening the record. Thus, the Staff maintains its position that the request for reopening and for
[
immediate plant shutdown should be denied.
Respectfully submitted, N
Mitni A. Young 1
- Senibr Supervisory Trial Attorney
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Elaine-I.~ Chan t
Counsel for NRC Staff a
Dated at Rockville, Maryland
.-this.27th day of September,1990-3 I
FMr. Sinclair is correct that the Staff. mistakenly stated that he was a consultant employed by the State of New-Hampshire. See Supplemental Affidavit at i 14. The Staff regrets any confusion caused-by this error.
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-yy lj UNITED STATES OF AMERICAL NUCLEAR' REGULATORY COMMISSION'g.p 27 P133 9:
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BEFORE THE COMMISSION gFl E sjCg'f{
% ANCh O_
In the Matter of
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l
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Docket Nos.:50443 OL PUBLIC SERVICE COMPANY OF
)
50-444 OL NEW HAMPSHIRE, s.1 al.
)
Off site Eme.f =ncy Planning
)
(Seabrook_ Station, Units 1 and 2)-
)
CERTIFICATE OF SERVICE If hereby certify that copies of "NRC STAFF RESPONSE TO INTERVENORS'
' MOTION TO FILE SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF EMERGENCY
- MOTION TO REOPEN THE RECORD"in the above captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated n:
by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, and as indicated by double asterisks, by express mail, this 27th day of September 1990:
,3 i
Licn W. Smith, Chairman (2)*
'Ihomas G' Dignan, Jr., Esq,"'
Administrative Judge Robert K. Gad, III, Esq. -
- Atomic Safety and Licensing Ropes &. Gray _
' Board -
One~ International Place.
.s U.S. Nuclear Regulatory Boston, ' MA'. 02110 2624 Commission Washington, DC 20555 Peter Brann, Esq.
4
Assistant Attorney General
,F Richard F. Cole
- Office of the Attorney General
' Administrative Judge State House Station 6
~!
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' Atomic Safety and-Licensing Augusta, ME '04333 Board 1
L U.S. Nuclear Regulatory Diane Curran, Esq."
' Commission
- Harmon,' Curran & Tousley A'
. Washington, DC 20555 2001 S Street, NW Suite 430 -
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Kenneth A. McCollom" Washington, DC 20009 1
Administrative Judge 1107 West Knapp Street iStillwater, OK. 74705 I
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- 1, l;Ii
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2-
' Stephen A. Jonas" R. Scott Hill Whilton, Esq.'-
Leslie' Greer Lagoulis, Hill Whilton i
Matthew Brock
& Rotondi-Massachusetts Attorney General 79 State Street
< V-One Ashburton Place,19th Floor Newburyport, MA 01950 Boston, MA 02108 Allen Lampert John P. Arnold" Civil Defense Director Attorney General Town of Brentwood G. Dana Bisbee, Esq.
20 Franklin-Street
. Assistant ' Attorney General Exeter, NH- 03833 Office of the Attorney General 25 Capitol Street William Armstrong Concord, NH 033G1 Civil Defense Director Town of Exeter Robert A.- Backus, Esq, 10 Front Street Backus, Meyer &. Solomon Exeter, NH 03833 1116 Lowell Street Manchester, NH 03106 Gary W. Holmes, Esq.
Holmes & Ellis H.J. Flynn, Esq.
47 Winnacunnet Road 4
Assistant General Counsel Hampton, NH 03842 s
Federal Emergency Management u
Agency Barbara J. Saint Andr6, Esq.
L 500 C Street, SW Kopelman ana Paige, P.C.
L Washington, DC 20472 Counsel for Amesbury, P
Newburyport & Salisbury Jack Dolan 101 Arch Street Federal Emergency Management Boston, MA 02110 f
1
?s Agency lD Region 1 Judith H. Mizner, Esq.
L.
J.W. McCormack Post Office &
Counsel for West Newb ::v f
Courthouse Building, Room 442 79 State Street L
Boston, MA 02109 Newburyport, MA 01950 t <
Pau1 Sham, McEachern, Esq.
Robert Carrigg, Chairman es & McEachern
. Board of Selectmen 25 Maplewood Avenue
- Town Office P.O. Box 360
~ Atlantic Avenue p-Portsmouth, NH 03801 North Hampton, NH 03862
~
George Hahn, Esq.
Mrs. Anne E. Goodman, Chairman L
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Attorney for the Examiner Board of Selectmen L
Hahn & Hesson 1315 Newmarket Road 350 5th Ave., Suite 3700 Durham, NH 03824 New York, NY 10118
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3 l
Hon. Gordon J. Humphrey Jane Doherty, Director i
United States Senate.
Seacoast Anti Pollution 1.4 ague 531 Hart Senate Office Bldg.
5 Market Street
--Washington,.DC 20510 Portsmouth, NH 03801 Richard R. Donovan Michael C. Sinclair-Federal Emergency Management Graystone Emergency Management l
Agency Associates
~
Federal Regional Center 13 Summer Street 130 228th Street, SW-Hillsboro, NH 03244 Bothell, WA - 98021-9796 Robert R. Pierce, Esq.*
Peter J. Matthews, Mayor Atomic Safety and Licensing City Hall Board Panel Newburyport, MA 01950 U.S. Nuclear Regulatory Commission Michael Santosuosso, Chairman Washington, DC 20555 Board of Selectmen
- South Hampton,-NH 03827 Atomic Safety and Licensing Appeal Panel'(6)*
Ashod.N. Amirian, Esq.
U.S. Nuclear Regulatory Town Counsel for Merrimac Commission 145 South Main Street Washington, DC 20555 P.O. Box 38 L
Bradford, MA 01835 -
Atomic Safety and Licensing
. Board Panel (1)*
Suzanne Breiseth
'U.S.
Nuclear Regulatory i
Board of Selectmen Commission Town of Hampton Falls Washington, DC 20555 Drinkwater Road L
Hampton Falls, NH 03844 Office of the Secretary (2)*
L U.S. Nuclear Regulatory l
George Iverson, Director Commission l
NH Office of Emergency Washington, DC 20555 Management Attn: Docketing and Service i
~ State House Office Park South-Section l
107 Pleasant Street i
Concord, NH 03301 r
l Elaine I. Chan Counsel for NRC Staff l
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