ML20083F502

Response to Seacoast Anti-Pollution League Memorandum in Support of 830926 Motion to Dismiss OL Application & Petition for late-filed Contention.Motion Should Be Denied & Contention Excluded.Certificate of Svc Encl

ML20083F502
Person / Time
Site:	Seabrook
Issue date:	12/27/1983
From:	Dignan T, Gad R, Gaw R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8401030109
Download: ML20083F502 (6)

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, 00LMETED USHFC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION brFICE CF SECFLi/6 -

DOCXETIN3 & SERV;.

before the ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

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PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443 NEW HAMPSHIRE, et al. ) 50-444

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(Seabrook Station, Units 1 and 2 )

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l APPLICANTS' RESPONSE TO

" MEMORANDUM IN SUPPORT OF SAPL's MOTION TO DISMISS THE OPERATING LICENSE 1

APPLICATION FOR SEABROOK UNIT 2 AND PETITION FOR LATE-FILED CONTENTION I

Under date of September 26, 1983, SAPL filed a motion to dismiss the operating license for Seabrook Unit 2. In due course, the Applicants, on October 6, 1983, and the Staff, on October 17, 1983, responded to this motion. Some two I

months later SAPL has now filed a new piece of paper which comprises, first, what amounts to a reply brief with respect to the original motion and, second, a late-filed contention which is pressed in the event the motion to dismiss is .

l denied.

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With respect to the first aspect, the Applicants continue to rely on their original brief in opposition to the motion. We also note that the principal decision cited therein in opposition to the motion, Commonwealth Edison Co.

(Zion Station, Units 1 and 2), ALAB-226, 8 AEC 381, 410-11 (1974), has been ignored by SAPL in its new filing despite its seeming "on all fours" applicability to the motion at bar.

As to the late-filed contention, we analyze that in relation to the "five factors" as follows:

(i) Good cause, if any, for failure to file on time SAPL has no good cause for failure to raise this contention prior to this. From the outset, it has been known that Unit 2 would follow Unit 1 on line by at least almost two years. No significant change in the percentage of completion of Unit 2 has occurred. Any potential or actual intervenor was fully informed of these facts, and if, it was desired to raise the point now sought to be raised, i.._, the issue of whether Unit 2 would be substantially completed by any particular time, SAPL has long been on notice that issue was there. Since the proposed contention falls woefully short of being " wholly dependent" upon some subsequently issued document or statement and impossible of having been advanced earlier, it does not meet the timeliness requirement. See Duke Power Company (Catawba Nuclear Station, Units 1 and 2), ALAB-687, 16 NRC 460, 469

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e (1982) aff'd as to this point, CLI-83-19, 17 NRC 1041 (1983).

(ii) The availability of other means whereby the petitioner's interest will be protected This issue cannot be raised by SAPL in any other forum.

(iii) The extent to which petitioner's participation may reasonably be expected to assist in developing a sound record When, as here, the contention is inexcusably late, SAPL is required to:

l "both (1) identify specifically at least one witness it intends to present; and (2) provide sufficient detail respecting that witness' proposed testimony to permit the Board to reach a reasonable conclusion on the likely worth of that testimony on Ithe contention]."

Washington Public Power Supply System (WPPSS Nuclear Project No. 3), ALAB-747, 18 NRC ,

Slip Op. at 26 (Nov. 15, 1983).

Accord Mississippi Power & Light Co. (Grand Gulf Nuclear Station, Units 1 and 2), ALAB-704, 16 NRC 1725, 1730 (1982).

SAPL has furnished neither the name of a witness nor any detail respecting his or her proposed testimony.

(iv) The extent to which the petitioner's interest will be represented by existing parties No one else has raised this issue and presumably ne one else will.

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l (v) The extent to which the petitioner's participation will broaden the i issues or delay the proceeding i s SAPL concedes the issues will be broadened. In addition,.a whole new type of issue will be injected into

' b thi proceeding. It is axiomatic this will delay things.

i ' Further, SAPL has provided-"no basis for judging how much 1

time might be necessary for pretrial preparation (including

. possible discovery)" as is required. Houston Lighting &

Power Co. (Allens Creek Nuclear Generating Station, Unit 1),

ALAB-671, 15 NRC 508, 514 (1982).

CONCLUSION The motion to dismiss should be denied; the proposed late-filed contention should be excluded.

Respectfully submitted,

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frus Thomas G. Dignan, Jr.

R. K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 i Dated: December 27, 1983 t ,

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CERTIFICATE OF SERVICE I, Thomas G. Dignan, Jr., one of the attorneys for the Applicants herein, hereby certify that on December 27, 1983, I made service of the within document by mailing copies thereof, postage prepaid, to:

Helen Hoyt, Chairperson Ms. Diana P. Randall Atomic Safety and Licensing 70 Collins Street Board Panel Seabrook, NH 03874 U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Emmeth h. Luebke William S. Jordan, III, Esquire Atomic Safety and Licensing Harmon & Weiss Board Panel 1725 I Street, N.W.

U.S. Nuclear Regulatory Suite 506 Commission Washington, DC 20006 Washington, DC 20555 Dr. Jerry Harbour G. Dana Bisbee, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Office of the Attorney General U.S. Nuclear Regulatory 208 State House Annex Commission Concord, NH 03301 Washington, DC 20555 Atomic Safety and Licensing Roy P. Lessy, Jr., Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel 116 Lowell Street U.S. Nuclear Regulatory P.O. Box 516 Commission Manchester, NH 03105 Washington, DC 20555 Philip Ahrens, Esquire Anne Verge, Chairperson Assistant Attorney General Board of Selectmen Department of the Attorney Town Hall General South Hampton, NH 03827 Augusta, ME 04333 Charles Cross, Esquire JoAnn Shotwell, Esquire Shaines, Madrigan & McEachern Assistant Attorney General 25 Maplewood Avenue Department of the Attorney General P. O. Box 366 One Ashburton Place, 19th Floor Portsmouth, NH 03842 Boston, MA 02108

Ms. Roberta C. Pevear Mr. Patrick J. McKeon Assistant Attorney General Selectmen's Office the Town of Hampton Falls 10 Central Road Drinkwater Road Rye, NH 03870 Hampton Falls, NH 03844 Mrs. Sandra Gavutis Mr. Calvin A. Canney Assistant Attorney General City Manager the Town of Kensington City Hall RFD 1 126 Daniel Street East Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angie Machiros U.S. Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn: Tom Burack) Town of Newbury Newbury, MA 01950 Senator Gordon J. Humphrey Mr. Richard E. Sullivan 1 Pillsbury Street Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 Mr. Donald E. Chick Town Manager's Office Town Manager Town Hall Town of Exeter Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 Brian P. Cassidy, Esquire Brentwood Board of Selectmen Regional Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency - Region I 442 POCH Boston, MA 02109 Gary W. Holmes, Esquire Holmes & Ells 47 Winnacunnet Road Hampton, NH 03841 v;R cD Y Th5 mas (T J

nan, Jr.

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