ML20082A628
| ML20082A628 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/14/1983 |
| From: | Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20082A622 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8311180202 | |
| Download: ML20082A628 (6) | |
Text
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DOCKETED Novembeb [k, 1983 FILED:
UNITED STATES OF AMERICA E NOV 17 P2:51 NUCLEAR REGULATORY (XB1 MISSION BEFORE THE ATOMIC SAFETY AND LICENSING !BOARU r "U:Ri P.
iG & FEF 1r
, m.._
!%MCH In the matter of:
PUBLIC SERVICE COMPANY OF Docket Nos.
50-443 OL NEW HAMPSHIRE, et al 50-444 OL (Seabrook Station, Units 1 and 2)
'SAPL' S MOTION TO DELAY HEARINGS ON OFF-SITE EMERGENCY PLANNING Pur suant to 10 C.F.R.12. 730, the Seacoas t Anti-Pollut ion League hereby moves to-delay hearing on of f-site emergency planning issues until such time as t h~e N ew H amp s h i r e S t a t e RERP an d t h e l o c a l RERP s
.and their appendices have been completed and submitted in final form for review.
By Order of May 23, 1983, the Board promulgated a " target date" schedule f or li t igat ion of o f > -si te emergency planning issues. Those dates included November 17, 1983, as the deadline for prefiled direct testimony, and December 13 for commencement of the hearings.
Although the dates indicated were clearly tentative, the Board emphasized that:
--the intervals between particular pleadings set forth in be met. [ emphasis added]
this schedule -- must e
The stated interval time between an Order ruling on the admissibi1ity of contentions and the commencement of hearings is approximately four months.
(For example, the " target date" for a r'u l i n g on contentions was August 15, with hearings ready for commencement on December 13.)
This time frame includes discovery, 8311180202 831115 PDR ADOCK 05000443 9
PDR I
o mo t ions f or summary dispos ~i t ion, ru lings on summary di spos i t ion, and prefiling of direct and rebuttal testimony.
It is now clear that the target dates themselves are no longer attainable.
This Board already has a significant number of motions pending, and has not yet ruled on the admissibility of either local
-plan or evacuation time study contentions.
Even assuming the admissibility of these contentions will be ruled on immediately, the accepted time interval adopted in the May 23rd Order would not require submi ssIon o f di rect prefiled testimony until approximately mid-March.
Thus th'e only issues conceivably litigable in December are those associated with the New Ilampshire RERP.
On this basis we suggest that a December 13 hearing will only mean the necessity for several sets of hearings all geared toward the same subject area:
off-site emergency planning.
SAPL respectfully suggests that judicial economy and the interests of all parties concerned would better be served if all emergency planning issues were heard at the same time.
In support of its position SAPL cites the position recently adopted by STAFF in their response to MASS AG motion for summary disposition.
(Response filed November 1,
1983.)
Counsel argues that this Board should delay ruling on the summary disposition issues since:
a ruling now on the motion will not serve the purpose of summary disposition of avoiding an unnecessary evidentiary hearing on insubstantial issues, si.nce supplementation of the plan will create material issues of f act to be heard.
(See NRC STAFF response to MASS AG mo t ion f or summary di spos i t ion at 4. ).
N I f li t e ra lly adop t ed, STAFF's recommenda t ion wou ld pu t SAPL and all other intervenors in these proceedings in an impossible position.
On one hand, 'SAPL must continue to proceed under the assumption that litigation of off-site emergency planning i ssues will be held in December, notwithstanding the f act that many of the plans are nothing more.than incomplete drafts. Never theless, SAPL is presumably s t ill held to the " target date" deadlines.
On the other hand, the Staff suggests that although all other hearing deadlines should be strictly enforced, ruling on summary disposition motions filed by intervenors should be delayed so that the Applicants will have adequate time to correct and modify their faulty and incomplete plans at will.
SAPL r espec t f ully submi t s tha t the Staff and the Applicants cannot have it both ways.
Either the plans are ripe for final, outco'me determinative adjudication, or they are noi. Delaying a ruling on summary disposition motions while holding intervenors to the other narrow constraints of established deadlines for testimoty fi~ ling and. discovery produces a situation where intervenors are drained of their resources while the Applicants are able to leisurely "draf t by adjudication." The result is patently unfair to intervenors.
SAPL joins with counsel for the Federal Emergency Management Agency in its position that " hearings on the New Hampshire RERP and the 'several local RERPs should be pos tponed unt il March, and, to the extent feasible, all the contentions on all the plans should be heard.
N.
-e4 y
o.
, - +,, -, -
,3--,
together." See FEMA's Posi t ion a-to Scheduling Of f-Si te Emergency Planning Issues, received by SAPL September 29, 1983.
Deferring the hearings simply makes sense.
As pointed out in FEMA's Po s i t ion Pape r, the incompleteness of several sections of the state RERP and the lack of detail in other portions of the state and local plar.s indicates that December hearings on those issues would be inconclusive.
Even a cursory examination of FEMA comments on the Green'and, N ew llamp sh i r e RERP reveals the extent of the planning s
deficiencies.
Moreover, going forward with hearings on emergency planning issues simply to accomodate the Applicants' proposed fuel load date does not justify proceeding prematurely.
Cincinnati Gas
& Elec tr ic Company, et al.
(William H. Zimner Nuclear Power Stations, Unit 1) 16 NRC 747.
WilEREFORE, fo r the above s ta ted r easons, SAPL respect f ully moves this Board to order a delay in hearings on the off-site emergency planning issues until virtually all plans are submitted in final form ist timely review by FEMA and this Board.
Respectfully submitted, SEACOAST ANTI-POLLUTION LEAGUE By its Attorneys Backus, Shea & Meyer BY:
~
eft AMircYGs 16 Lowell St.,
Box 516 Manchester, N.H.
03105 Tel: (603) 668-7272 Dated:
November 14, 1983' ~
'cocxETE:
usu=c
'83 NOV 17 P2:51 CFr.' E F ij @ ai.v'.,
M-CERTIFICATE OF SERVICE 000 Ugp gC[.
~ D ATE D:-
November 15, 1983 1, Robert A. Backus, hereby certfy that I have mailed to the attached list of people, first-class, postage prepaid a copy of the enclosed. If served by Federal Express or Express Mail it is so indicated by
- by the person's name.
ROBERT A. BACKUS b
p f
- rian-Cassidy_
5!!elen Hoyt,- Chm.
Thomas G.
Dignan, Esq.
ea. Berg. 4at. Agcy.
Admin. Judge Ropes and Gray Ne; ion - 1 Atomic Safety.&-Lic.
225 Franklin Street
~. W.McConr.ack PCCH TBoard'- U.S.
NRC Boston, MA 02110
.s -iton, R1 02100 Washington,. DC 20555-Dr. Jerry 11 arbour Docketing and-Service Sec.
eien. Gordon'Hemchrev Admin. Judge.
4ttn: Tom BaraIck' Office of the Secretary Atomic Safety,LLic; S.~ Senate.
U. S.
NRC Board - U.S. NitC Washington, DC 20555 J.ashington, DC - 90510
' Washington, DC 20555
~
kn. Gordon Hamphrey H y. P,
- Lessy, Jr.,
Esq.
Robert L. Chiesa, Esq.
Office 3f Executive.
Atta: Herb Boynton
- 95. Market Street L gal Director Manchester, NH 03101 1:Pillsbui#- Street U.S. NRC M cord, E 033M Washington, DC 20555 Phillip Ahrens, Esq.
Jane Doughty Asst. Atty. General Field Director
'.c.m.!anager's Of fice State House, Station 6
SAPL (3m Hall - Prier.d St.
Augusta, ME 04333 5 Market Street
.m sbury,.M 01913 Portsmouth, NH 03801 l
!bnald E. Chick :
Anne Vorge, Chairperson Dana Bisbee Board of Selectmen Town Manager Attorney General's Office 10 Front Street Town. Hall
+
1&eter,.NH 03833 So. Ihenpton, NH 03842 State of New Hampshire Concord, NH 03301 Dr Emmeth A.
Luebke David 3.
Lewis
.H ice of Selectmen i
Admin. Judge
. Atomic Safety & Lic. Brd.
g n of North Hampton Atomic Safety & Lic.
U.S. NRC - Rm. E/W-439 arth Hampton, NH 03S62 Board-~- U.S.
NRC Washington, DC 20555 Washington, DC 20555
[
Jo Ann Shotwel), Asst. AG Calvin A.
- Canney, j
One Ashburton Place, 19th City Mgr.-City Hall Floor 12G Daniel Street Boston, MA 02108 Portsmouth, NH 03801 Charles Cross, Esq.
W111iam'S. Jordan, II, Esq.
Mr. Angie Machiros, Ctumn.
S Maplewood Ave.
Ellyn R. Weiss, Esq.
Board of Selectmen P.O. Dox 3GG 1725 I Street, N.W.
Town of Newbury Portsnouth, NH.
03801 Suite 506 Newbury, MA 09150 Washington, DC 20006 iM.mrd Meany Dr. nuny Tye. President Sandra Gauvutis Tcan of Rye Sun Valley Assoc.
Town of Kinsington 155 Washington Road 280 liaverhill Street RFU 1 Rye, NH 03870 lawrence, hM 01810 East Kensington, NH 03827 Alfred Sargent, Chm.
Richard E. Sullivan, Yayor Brentwood Board of Selectmr?n
- }>ard ~of. Selectmen RFD lhIton Road ur 1 rt, MA 01950 unm of Salisbury,MA 01950 -
Drentmxi. Nil 03S33c