ML20082M280

Motion for Limited Appearance Hearings to Be Held in State of Ma During Spring 1984.Hearings Should Be Held in State of Ma Since Six Towns within 10-mile Radius of Facility. Certificate of Svc Encl

ML20082M280
Person / Time
Site:	Seabrook
Issue date:	12/02/1983
From:	Zaleski M MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8312060086
Download: ML20082M280 (13)

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United States of America D&: METED Nuclear Regulatory Commission USNRC Atomic Safety and Licensing Board

'83 DEC -5 Af0:31 gryx:cy3 q

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 )

)

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ATTORNEY GENERAL FRANCIS X. BELLOTTI'S MOTION FOR LIMITED APPEARANCE HEARINGS TO BE HELD IN MASSACHUSETTS Attorney General Francis X. Bellotti moves, on behalf of the citizens of Massachusetts', and in particular the citizens of the six Massachusetts towns that are within the Emergency Planning Zone (Newbury, Newburyport, West Newbury, Salisbury, Amesbury and Merrimac), that the Atomic Safety and Licensing

Board conduct hearings during the Spring of 1984 in at least two Massachusetts sites for the purpose of the taking of limited appearance statements relative to the Seabrook Nuclear Power Station.

Federal regulations permit the making of limited appearance statements by persons who are not parties to the proceedings.

10 CFR 52.715(a). Limited appearance statements assure that all members of the public are given the right to participate in l NRC proceedings by a method appropriate to their interest in i

the matter. 10 CFR Part 2, Appendix A, Section V(b)(5).

8312060036 831202 PDRADOCK05000g 9503

Although limited appearance hearings have been held in New Hampshire, it has been difficult for some Massachusetts residents to travel to those sites, as time must be taken from job and family responsibilities, and, in some cases, considerable distance travelled. The attached letters document the interest on the part of some Massachusetts residents in expressing their views at hearings held reasonably close to their homes. Further, the attache'd letters from the city officials of Amesbury, Merrimac, and Newbury indicate that town officials as well as citizens of their respective towns would welcome the opportunity to express their views regarding the Seabrook Suclear Power Station. The letter from the Amesbury Town Manager also reflects that a suitable location for a limited appearance hearing is readily available in that town.

Since limited appearance hearings present an opportunity not only for a concerned citizen to express a view or position but also "to raise questions which he would like to have answered" provided they.are "within the scope of the proceeding" (10 CFR Part 2, Appendix A, Section V(b)(4)), the j views of the citizens of Massachusetts would not be adequately expressed if they are-required to submit written statements in l

l lieu of the limited appearance hearings.

No limited appearance hearings have been held in Massachusetts. Given the fact that six Massachusetts towns are within the ten-mile radius of the Seabrook Nuclear Power E

Station, an opportunity to make limited appearance statements should be made available to the citizens of these towns. If limited appearance hearings were held in Massachusetts, citizens of other towns which are affected by the Seabrook Station would have the opportunity to express their views as well.

Conclusion F.or the reasons stated above, Attorney General Francis X.

Bellotti requests that the Atomic Licensing and Safety Board hold limited appearance hearings in two Massachusetts towns.

Because of the harshness of New England winters, and the convenience of holding these limited appearance sessions simultaneously with the evidentiary hearings on off-site emergency planning, it is further requested that these hearings be held in the Spring of 1984.

Respectfully submitted, FRANCIS X. BELLOTTI ATTORNEY GENERAL l

, . #" t Margaret A. Zaleski Assistant Attorney General Public Protection Bureau One Ashburton Place, 19th Floor Boston, Massachusetts 02108 617-727-4475 Date: December 2, 1983 l

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USHRC September 14, 1983 6,i- E 2 23 P4:15 The Honorable Helen Hoyt 0FFICE OF SECRth -

Atomic Safety and Licensing Board DOCKE-flNG & SERvici U.S. Nuclear Regulatory Commission BRANCH Washington, D.C. 20555 SERVED SEP 261983

Dear Judge Hoyt:

A number of Massachusetts residents recently travel-led a considerable distance to participate in NRC pre-licensing hearings for Seabrook Station, held last month at several New Hampshire locations. Most of us took time off from jobs and family responsibilities to make the trip.

As you are aware, there are six Massachusetts commun-ities, including the City of Newburyport, which are located within ten miles of the proposed Seabrook plant. It is interesting to note that the one hearing which was very well attended was the one near the Massachusetts border in Seabrook itself.

We realize that there will be another round of hear-ings in December, at which public input on the issue of emergency planning will be solicited. We urge you to include a Massachusetts site for one or more of these hearings, preferably centrally located in Newburyport.

Many, many Massachusetts residents would welcome an oppor-tunity to exprese their views on emergency plans if such a hearing were held reasonably close to their own home towns.

Sincerely,

' O.l0 VW. &,u2 blub ,M VSudep b[L h/k k.h5Wa[d tawhasypr8 nut.

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- Christopher S. Nord

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2 Vernon Street Newburyport, M a. 01990

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I am writing to document an experience with the Atomic Safety and Licensing Board ( ASLB) that left ne angry and supremely frustrate.d.

On Wednesday, August 31, the ASLS held " Limited Appearance" hearings at the Seabrook Fire Station (Passaconaway Building), ostensibly to receive the testimony of local residents regarding the licensing of cf the Seabrook nuclear power plant. In order to reserve a ten-minute period for my testimony, I was instructed to call the Nuclear Reg-ulatory Commission in Washington, D.C. (202-492-7000;. my nickcl), to give my name to one David R. Lewis, Administrative Law Clerk. I called Mr. Lewis the Friday before the hearings (6/ 26 ) , at which time he as-sured me that my phone call was all that was needed, and that I was, in f act , the seventh person to sign up.

The night of the hearing, I arrived at the~ fire station just as the room was called to order, and took the opportunity to sign up again, on a list held by an aid to the ASLS judges who was seated at the back of the meeting hall. In the course of almost four hours of testimony, my nsme was never called. At 10:45, as the presiding judge, Helen Hoyt , was about to adjourn the hearing, I raised my hand in des-peration, but was not recognized. When the meeting was adjour ed, I made my way to the stage and asked Judge Harbour if. my name was even on his list. He replied that the entire list of pecple who had reserved their place via Washington had been called first, af ter which names were called from the list gathered that night. When I asked to.see the lists, I was refused with polite apologies.

Something smelled (smells) fishy. I can see two prominent ex-planations for what happened to me. One is that in the bureaucratic fumbling preceeding the hearing, my name was somehow lost. Two things s trike me about that theory: first, that no one else in the hearing seemed upset by their name being passed over-- in other words, why was g name the only one lost?; second, that it strikes me as a f airly slim possibility that my name be passed over or " lost" from two lists, the D.C. list and the meeting hall list. Which leads me to tne second possibility-- which has found support in two offices of the Massachusetts state government, apparently based on other people 's experiences with the ASL3 and their subsequent complaints: that my name was purposesly overlooked, the ASLS preferring not to provide a high-visibility forum for me. I am aware that this may be quite presumptuous on my part, but I am forced to consider that it may not be. I s= also aware that

this implies a lack of f aith in the ASL3 as a truly impartial judicial body. To this I can only say that after eight years of personal study and involvment in the controversy over Seabrook's construction, there is no longer any questipn in my nind that the Nuclear Regulatory Com-mission and its Atomic Safety and Licensing Board act to f acilitate (ie. "m ake easier") the licensing of nuclear plants.

Let ne give one example of what the ASLS might rather not have me say in the setting of public hearings. For more than a year, I have gathered evidence from the areas ne ar three operating nuclear power plants in New England-- Vermont Yankee , Maine Yankee , and Pilgrim--

indicating a rise in leukemia and other cancers parallelling the span ,

of each plants ' normal operation. Prem this perspective, a pattern of ill effects has become clear. Perhaps more import antly, this inves-tigstion has brought to light the repeated intervention of a single federal agency-- namely the Centers for Disease' Control in Atlanta, Georgie-- in countering and quieting these isolated and yet anologous locsl suspicions of health hazards. This is accomplished through a combination of statistical juggling, smooth public relations, and the credibility and " clout that' statements from a federal " health" agency automatic ally carry in the minds of a frightened local population that has been taught to believe the " expert s".

This is just one area of the row over Seabrook for which I have information I would like to share. The two other primary issues that I personally want to be able to address before the ASL3 are 1) evacu-ation planning, and 2) the possible use of Seabrook's spent fuel for making nucle ar weapons.

Fin ally, let me say what I want. The Atomic Safety and Licensing Bo ard should hold " Limited Appearance" he arings in Massachussetts, so that residents in the six Mass. towns within the ten-mile radius of Seabrook have ample opportunity to be he ard. To this end, I c all on the City Council and Mayor of my residence, Newburyport; my State Legislator, Barbara .Hildt ; my St ate Senator, Nicholas Costello; and the offices of the Attorney General and the Governor of the Common-wealth of Massachussetts-- to work from their respective positions to ensure that myself and other knowledgeable and concerned local residents receive the hearings we are entitled to (I am aware of four "Lbnited Appearance" hearings that have been held in New Hampshire to date). Furthermore, I propose that the roster for reserving time to give testimony be handled locally--ie, by the town or city where l he arings are to be held-- in order to minimize the risk of bureaucratic l ' e rr o r " .

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Thank you for hearing me out. I would appreciate being kept infermed of any progress in this matter. If I c an help in any way, let me know.

l Sincerely, h ,,

Christopher S. Nord

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P_ S* mesaur Tcwn Manager Town Hall, Amesbury, MA 01913 Tilliar:J. Cro:n Tel. 388-0290 October 11, 1983 Ms. JoAnn Sollecito Mass. Attorney General Public Protection Bureau One Ashburton Place Boston, Mass. 02108

Dear Ms. Sollecito:

In response to your phone call on Oct. 11, 1983, I feel the citizens of Amesbury would welcome the opportunity to express their views regarding the Seabrook Nuclear Power Plant before members of the Nuclear Regulatory Commission.

I would be happy to make the Amesbury Town Hall Audi-torium available for such a meeting.

Very trulv your ,

William /J /Gfom ~

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Town M(nager WJG/ dis

Office of the Selectmen ATTACHMENT 4 4 School Street Merrimac, Massachusetts 01860 Tel. (617) 346-8862 21 October 19S3 Attorney's General Office C/0 Margaret Zaleski

?ublic Protection Bureau

~ Ashburton Place Ecston, MA 02108

Dear Ms. Zaleski:

The Merrimac Board of Selectmen is interested in joining our neighboring to t of Amesbury, MA in requesting a limited proceedings hearing with

he ';RC so that the portion of the public which still has questions could be satisfied as to their concerns.

9:cerely,8

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~ Eosrd sf Selectmen MAC: sic _'

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October 13, 1983 Massachusetts Attorney General's Office Public Protection Bureau 1 Ashburton Place 3csten, Mass. 02115 Attention: Marcaret Zaleski 3

Dear Mrs. Zaleski:

Re: Evacuation Plan Hearin=s

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Confirning ny telephone conversation of this date with Joar. Sollecito, with reference to the above, it is the town's feelings that holding the NRC hearings for the surroundin5 towns involved, in a centrally located area, would be nost helpful. However, I would also like to suggest, that first, a workshop be held among elected officials and officials whose responsibility places a role in the inplenentation of this plan, so as they can express their thoughts and views, follow-ed by a meeting with the citizens or interested parties of these cocnunities.

Please do not construe this as an attenpt to delete public input, however, it is our opinion that by using this fornat, these hearin5s can be nore productive.

To reaffirn these suggestions, I would like te inforn you that we are nandated by our citizens thrcugh an Article sponsored and passed, that the evacuation plan is sub, ject to l

town neering approval.

l l Most sincerely,

. ~

hei,- $nYJM Ane 'Machiros, Chairnan N9"u n Board of Selectmen AM/dh cc: Jo 2-n Shotwell, Esq.

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'.~ r i t i n g to you at the reOuest of Mr. Christopher Srd, who has contacted me regarding his desire to t e s t i f --

hefore :he Arctic Safety and Licensing Board. ~

I understand that Mr. Nord recuests hearings in Massachusetts.

I as sure you vill give Mr. Nord's recues: every appropriate considera: ion.

Anamn you :or your time and coopera: ion.

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CERTIFICATE OF SEPVICE I, Margaret A. Zaleski, Esquire, counsel for Massachusetts Attorney General Francis X. Bellotti, hereby certify that on December 2, 1983, I made service of Attorney General Francis X.

Bellotti's Motion for Limited Appearance Hearings to be Held in Massachusetts, with attachments, by mailing copies thereof to the parties named below:

Helen Hoyt, Chairperson Rep. Beverly Hollingworth Atomic Safety and Licensing Coastal Chamber of Commerce Board Panel 209 Winnacunnet Road U.S. Nuclear Regulatory Commission Hampton, N.H. 03842 Washington, D.C. 20555 Dr. Emmeth A. Luebke William S. Jordan, III, Esq.

Atomic Safety and Licensing Diane Curran Board Panel Harmon & Weiss U.S. Nuclear Regulatory Commission 1725 I Street, N.W.

Washington, D.C. 20555 Suite 506 Washington, D.C. 20006 Dr. Jerry Harbour Atomic Safety and Licensing Edward L. Cross, Jr., Esquire Board Panel Assistant Attorney General U.S. Nuclear Regulatory Commission Dana Bisbee, Esquire Washington, D.C. 20555 Assistant Attorney General Office of the Attorney General Atomic Safety and Licensing Appeal 208 State House Annex Board Panel Concord, N.H. 03301 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Roy P. Lessy, Jr., Esquire David A. Repka, Esquire Atomic Safety and Licensing Robert G. Perlis, Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Commission Director Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Philip Ahrens, Esquire Washington, D.C. 20555 Assistant Attorney General Department of the Attorney Robert A. Backus, Esquire General 116 Lowell Street Augusta, ME 04333 P.O. Box 516 Manchester, N.H. 03105 Dr. Mauray Tye Sun Valley Association 209 Summer Street Haverlill, MA 01830

David R. Lnwis Thomas G. Dignan, Jr., Esquiro Atomic Safety and Licensing Robert K. Gad, III, Esquire Board Panel Ropes & Gray U.S. Nuclear Regulatory Commission 225 Franklin Street Rm. E/W-439 Boston, MA 02110 Washington, D.C. 20555 Charles Cross, Esquire Ms. Olive L. Tash Shaines, Madrigan, & McEachern Designated Representative of 25 Maplewood Avenue the Town of Brentwood P.O. Box 366 R.F.D. 1, Dalton Road Portsmouth, N.H. 03801 Brentwood, N.H. 03833 Roberta C.'Pevear Edward F. Meany Designated Representative of Designated Representat.;ve of the Town of Hampton Falls the Town of Rye Drinkwater Road 155 Wa shington Road Hampton Falls, N.H. 03844 Rye, N.H. 03870 Mrs. Sandra Gavutis Calvin A. Canney Designated Representative of City Manager the Town of Kensington City Hall R.F.D. 1 126 Daniel Street East Kingston, N.H. 03827 Portsmouth, N.H. 03801 Patrick J. McKeon Jane Doughty Selectman's Office Field Director 10 Central Road Seacoast Anti-Pollution League Rye, N.H. 03870 5 Market Street Portsmouth, N.H. 03801 Richard Sullivan, Mayor Town Hall Docketing and Service Section Newburyport, MA 01950 Office of the Secretary U.S. Nuclear Regulatory Commission Brian P. Cassidy Washington, D.C. 20555 Regional Counsel FEMA Region 1 Representative Nicholas J. Costel John W. McCormack Post Office 1st Essex District

& Courthouse Whitehall Road Boston, MA 02109 Amesbury, MA 01913 Mr. Angie Machiros, Chairman Diana P. Randall Newbury Board of Selectmen 70 Collins Street Town of Newbury, MA 01950 Seabrook, N.H. 03874

Patrick J. McKeon Anne Verge, Chairperson Chairman of Selectmen, Rye, Board of Selectmen New Hampshire Town Hall 10 Central Road South Hampton, N.H. 03842 Rye, N.H. 03870 Maynard B. Pearson Donald E. Chick Board of Selectmen Town Manager 40 Monroe Street 10 Front Street Amesbury, MA 01913 Town of Exeter, N.H. 03833 Mr. Daniel Girard Selectmen of North Hampton Civil Defense Director Town of North Hampton 25 Washington Street New Hampshire 03862 Salisbury, MA 01930 Senator Gordon J. Humphrey Senator Gordon J. Humphrey 1 Pillsbury Street U.S. Senate Concord, N.H. 03302 Washington, D.C. 20510 (Attn: Herb Boynton) (Attn: Tom Burack)

Signed under the pains and penalties of perjury, this 2nd day of December , 1983.

i Cu\ %% . I Margatet A. Zalbski Assis': ant Attpphey General Public Protection Bureau One Ashburton Place Boston, MA 02108 s

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