ML20138R938
| ML20138R938 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/14/1985 |
| From: | Curran D HARMON & WEISS |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#485-202 OL, NUDOCS 8511190278 | |
| Download: ML20138R938 (5) | |
Text
..e h }r DOCKETED NoYisber 14, 1985 UNITED STATES NUCLEAR REGULATO g C S
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFtcE n: c5 GCCiiE TittG1'sh%,.
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In the Matter of
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PROD. & UTIL FAC..k.
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svW Public Service Company of
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New Hampshire, et al.
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Docket Nos.
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50-443,-444OL (Seabrook Station,
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Onsite Ehergeny Planning Units 1 and 2)
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and Safety Issues
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New England Coalition on Nuclear Pollution's Request for Clarification and Objection to Board Order of November 4, 1985 On November 4, 1985, the Licensing Board, sua sponte, issued an order that reopened the Seabrook licensing record in order to take additional evidence on three contentions that were litigated in hearings in August of 1983.
The Board also stated that it will hold a supplementary hearing to take evidence on matters pertaining to those contentions if they pose "significant health and safety issues" and "were not previously ripe for hearing."
The applicability of the requirement to show significant health and safety issues is ambiguous.
It is not clear whether the Board intends to apply that test only to the submission of new evidence into the record; or whether the Board will require the parties to show that the introduction of rebuttal evidence or cross-examination of witnesses regarding the supplemental evidence raises "significant health and safety issues."
For this reason, the New England Coalition on Nuclear Pollution ("NECNP")
requests clarification of the Board's order.
NECNP also objects to any portion of the Board's order that is intended to require B511190278 851114 PDR ADOCK 05000443
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. more than a showing of relevance in support of its efforts to submit rebuttal testimony or cross-examine witnesses regarding supplemental documents submitted into evidence by Applicants and t.1e NRC Staf f.
The Board may reasonably require any party to demonstrate the existence of significant safety issues before reopening a hearing record and accepting new or supplemental evidence.
The Board may also decide whether that evidence was "previously ripe for litigation" and should not be accepted at this late date.
However, once the evidence is admitted, the only limitation that can be placed on the scope of cross-examination is one of relevance to the issues in controversy.
Northern States Power Co. (Prairie Island Nuclear Generating Plant, Units 1 & 2), CLI-75-1, 1 NRC 1, 2 (1975); Public Service Company of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-422, 6 NRC 33, 94 (1977)
[" Permissable inquiry at [a] reopened hearing necessarily extend [s] to every matter within the reach of the testimony submitted by the applicants and accepted by the Board. "]
Moreover, it would be fundamentally unfair to intervenors to require a showing of substantial safety significance before permitting cross-examinination of witnesses or the submission of rebuttal testimony regarding the supplemental documents submitted by Applicants and Staf f.
To the extent that this new threshold showing is intended to limit untimely litigation that will delay licensing, it is Applicants and Staf f, not the intervenors, who should be required to meet the burden.
Any licensing delay or
. inconvenience that may be caused by hearings on these supplemental documents is the fault of the Applicants and Staff.
At the time of the August, 1983, hearing, Applicants and Staff made no effort to persuade the Board that the Seabrook license application was incomplete and the hearing should be postponed.
As a result, the hearing record shows that the Applicants are not entitled to an operating license because their license application is incomplete in fundamental respects.
If Applicants wish to reopen that record, they have the burden of demonstrating significant reasons why they should be given another opportunity to show compliance with the regulations.
The 3oard may decide sua sponte, as it apparently has, that there is good reason to give the Applicants that opportunity.
However, it may not impose what amount to sanctions on NECNP and other intervenors, nor may it limit the scope of the intervenors' cross-examination and rebuttal rights with regard to evidence so admitted.
NECNP therefore respectfully requests that the Board issue an order clarifying that the parties may cross-examine witnesses and submit rebuttal testimony without further restriction than a showing of relevance to the supplemental evidence admitted by the Licensing Board.
Respectfully submitted, N
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Diane Curran HARMON & WEISS 2001 S Street N.W.
Suite 430 Washington, D. C.
20009 November 14, 1985 (202) 328-3500
t CERTIFICATE OF SERVICE I certify that on November 14, 1985, copies of NECNP's Request I
for Clarification and Objection to Board Order of November 4, 1985, were served on the following by first-class mail:
Sheldon J. Wolfe, Esq., Chairperson Rep. Roberta C. Pevear Atomic Safety and Licensing Board Drinkwater Road Panel Hampton Falls, NH 03844 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Emmeth A. Luebke Phillip Ahrens, Es q.
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board State House, Station #6 U.S. Nuclear Regulatory Commission Augusta, ME 04333 Washington, D.C.
20555 Dr. Jerry Harbour Robert A.
Backus, Esq.
Administrative Judge 111 Lowell Street Atomic Safety and Licensing Board Manchester, NH 03105 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Board Thomas G.
Dignan, Esq.
Panel R.K.
Gad, III, Esq.
U.S. Nuclear Regulatory Commission Ropes and Gray Washington, D.C.
20555 225 Franklin Street Boston, MA 02110 Atomic Safety and Licensing Appeal Dr. Mauray Tye, President Board Panel Sun Valley Association U.S. Nuclear Regulatory Commission 209 Summer Street Washington, D.C.
20555 Haverhill, MA 01830 Docketing and Service Robert G.
Perlis U.S. Nuclear Regulatory Commission Of fice of the Executive Washington, D.C.
20555 Legal Director U.S. Nuclear Regulatory Town Manager's Of fice Commission Town Hall - Friend Street Washington, D.C.
20555 Amesbury, MA 01913 Mr. Angie Machiros Anne Verge, Chair Chairman Board of Selectmen Board of Selectmen Town Hall Newbury, MA 09150 South Hampton, NH 03842
Jo Ann Shotwell, Esq.
George Dana Bisbee, Esq.
Assistant Attorney General Edward L. Cross, J r., Esq.
Department of the Attorney General Assistant Attorneys General 1 Ashburton Place, 19th Floor State House Annex Boston, MA 02108 Concord, NH 03301 John B. Tanzer Letty Hett, Selectman Town of Hampton Town of Brentwood 5 Morningside Drive RFD Dalton Road Hamp ton, NH 03842 Brentwood, NH 03833 Edward F. Meany Sandra Gavutis Town of Rye Town of Kensington 155 Washington Road RFD 1 Rye, NH 03870 East Kensington, NH 03827 Diana P. Sidebotham Diana P.
Randall RFD 2 70 Collins Street Putney, VT 05346 Seabrook, NH 03874 Richard E. Sullivan, Mayor Donald E.
Chick City Hall Town Manager Newburyport, MA 01950 10 Front Street Exeter, NH 03833 Alfred V. Sargent, Chairman Calvin A. Canney Board of Selectmen City Manager Town of Salisbury, MA 01950 City Hall 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J. Humphrey Senator Gordon J.
Humphrey U.S. Senate 1 Pillsbury Street Washington, D.C.
20510 Concord, NH 03301 (Attn: Tom Burack)
(Attn: Herb Boynton)
Selectmen of Northampton Town of Northampton New Hampshiro 03862 e
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Diane Curran
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