ML20150A936

Response of Commonwealth of Ma in Support of Joint Intervenor Appeal by Motion for Directed Certification.* Motion for Directed Certification Should Be Granted. Certificate of Svc Encl

ML20150A936
Person / Time
Site:	Seabrook
Issue date:	03/08/1988
From:	Ostrander F AMESBURY, MA, HAMPTON, NH, MASSACHUSETTS, COMMONWEALTH OF, SEACOAST ANTI-POLLUTION LEAGUE
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#188-5814 OL, NUDOCS 8803160094
Download: ML20150A936 (8)

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M 000KETED USNRC UNITED STATES OF AMERICA-- '*88 ttAR 14 N1 :13 NUCLEAR-REGULATORY COMMISSION -

ATOMICSAFETYANDLICENSINGAPPEAL_BOARDf0 1 NG $ E Vk BRANCH Before Administrative Judges:

Allan S. Rosenthal, Chairman Thomas S. Moore Howard A. Wilbet

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~In the Matter of )

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PUBLIC SERVICE COMPANY OF NEW ) Docket Nos.

HAMPSHIRE, et al. ) 50-443-444-OL (Seabrook StatTon, Units 1 and 2) ) (Off-site EP)

) March 8, 1988

)

RESPONSE OF COMMONWEALTH OF MASSACHUSETTS IN SUPPORT OF JOINT INTERVENOR APPEAL BY MOTION FOR DIRECTED CERTIFICATION The Commonwealth of Massachusetts files its response to Joint Intervenor Appeal by Motion for Directed Certification, filed on February 24, 1988, on behalf of the Intervenors Town of Hampton, Town of Amesbury, Seacoast Anti-Pollution League l

and New England Coalition on Nuclear Pollution. The Commonwealth supports the procedural summary and arguments set forth in the Joint Intervenot Motion, and asserts that the Licensing Board's schedule for the filing of contentions on the SPMC is so compressed as to deprive the Intervenots their tight to procedural due process. For the teasons set forth in Joint-Intervenot Motion and the additional reasons set forth 4

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below, the Appeal Boardishould grant the Joint ~ Intervenot Motion.

Applicants, in-its opposition to Joint Intervenors' Motion, filed Match 3, 1988, would have'this-Board-believe that Intervenots have had "over six months to dtaft contentions" and-if they have not utilized that time drafting contentions on the SPMC it'is only because they have chosen to "squander their time." Applicants' Response at 9. Any party involved closely.

with these proceedings would know that nothing could be further from the truth; that Intervenors have been stretched to their limits over the past six months of litigation.

The Commonwealth has more resources available than the Intervenots. -Nonetheless, it too has been fully involved in the New Hampshire proceedings and has been hard pressed to meet its obligations. Duting this time period the Commonwealth has been engaged in a number of matters pertaining to Seabrook, including among othets, briefing the siten notification issue; appealing to the First Circuit Court of Appeals the Commission's recent emergency' planning rulemaking; filing comment's on NUREG-0654, FEMA Rep. 1, Rev. 1, Supp. 1; preparing its proposed findings of fact and conclusions of law in the New Hampshire proceedings; and app?3 ting in the PSNH bankruptcy proceedings.

Moreover, although the SPMC was served on the parties on September 22, 1987 (five and a half months ago), it was only on November 25, 1988, (a little over three months ago) that the

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Commission issued its decision that the SPMC filed by Applicants was "a bona fide plan" intended for evaluation by NRC and FEMA. At that time, the Commission acknowledged that fot full-power review and litigation of the plan the substantial information deleted from the plan would need to be supplied to the Staff, FEMA and the parties. .CLI-87-13 at 6-7. That deleted information was not supplied to the parties until Februaty 24, 1988.1/ In addition, on February 18, 22 and 23, the parties were served with substantial amendments to the SPMC, requiring the substitution of literally hundreds of pages. In shott, any meaningful comprehensive review of the SPMC for.the purpose of drafting contentions could not begin until after receipt of this material and any work done likely would have been useless.

The time allowed, until April 1, 1988, for the filing of contentions on the SPMC is far short of the time reasonably necessary to adequately accomplish the task. Consultations with experts will necessarily be curtailed. Of most important to the public, emetgency planning is the one area of licensing litigation that is peculiarly within the public's area of expertise. Proper review of the plan for the purpose of framing contentions with sufficient specificity should include 1/ Although Applicants offeted the Intervenots this information in December, the offer was conditioned on Intervenots' assent to a protective order to which they could not, and still do not, agree and believe is unlawful.

Moreover, even if the Attotney General had received the redacted material in December, his office would still not have been in a position to review the material at that time because of the on-going heatings over the NHRERP.

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input and consultation with the people who live in the EPZ and theit elected officials. These are the people who night be expected to help implement the plan; they are the ones who are in the best position, due to theit familiarity with the area, to assess many aspects of the emetgency plan's feasibility .

The cuttent schedule for drafting contentions bately allows enough time to physically read the recently amended plan and to write contentions. Given the breadth of that task, it does not allow enough time to do anything more than minimally consult with the people living in the EPZ, and it does not provide these local citizens -- the very ones who are in the best position to constructively critique the SPMC -- with the time necessary to closely scrutinize the details of the SPMC so that we may know if it can really work. The schedule would, thus, also wotk a severe hardship on the Commonwealth.

For all of the above reasons, the Motion for Directed Cettification should be granted.

Respectfully submitted, COMMONWEALTH OF MASSACHUSSTTS 9y: _M Frank W.

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Osttander Assistant Attorney General Chief, Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02109 (617) 727-5575 Dated: March 8, 1983

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' UNITED' STATES OF AMERICA U RC NUCLEAR 9EGULATORY COMMISSION - .

18. KNt 14 N1 :13 0FFICE OF SECRt.iA6Y 00CKETING A SERVICE

) BRANCH In the Matter of' )

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PUBLIC SERVICE COMPANY OF NEW ) Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL. )

(Seabrook Station, Units 1 and 2) )

)

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CERTIFICATE OF SERVICE I, Frank W-. Ostrandet, hereby certify that on March 8, 1988, I made service of the within Response of Commonwealth of Massachusetts '

in support of Joint Intervenot Appeal by Motion for Directed Certification, by mailing copies thereof, postage prepaid, by first class mail, or as indicated by an asterisk, by Federal Express mail, to: t Ivan Smith, Chairman Gustave A. Linenberget, Jr.

Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building .

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East-West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Dt. Jetty Harbour Sherwin E. Turk, Esq. '

Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission l U.S. Nuclear Regulatory Office of General Counsel l Commission 1717 H Street East West Towers Building Washington, DC 20655 t 4350 East West 91ghway  :

Bethesda, MD 20814

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'y H. Joseph Flynn,.Esq. Stephen E. Mettill-Assistant Gene'tal Counsel- Attorney General Office of General-Counsel

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Geotge Dana Bisbee Fedetal Emergency Management Assistant Attorney General

Agency Office of the. Attorney General 500-C2 Street, S.W. 25 Capitol Street Washington, DC 20472- Concord, NH 03301-Docketing and Service Paul A. Fritzsch'e, Esq.

U.S. Nucleat. Regulatory Office.of the Public Advocate Cormission State House Station 112 Washington, tx:. 20555 Augusta, ME 04333 RobertaLC. Peveat Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Dtinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A. Backus, Esq.

Appeal Board Panel Backus, Meyer & Solomon U.S. . Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchestet, NH 03106 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Nuclear Regulatory 5 Market Street Commission Pottsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq. J. P. Nadeau Matthew T. Brock, Esq. Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Sandra Gavutis, Chairperson Calvin A. Canney Board of Selectmen City Manager

~RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street E. Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J. Humphrey Angelo Machitos, Chairman U.S. Senate Board of Selectmen Washington, DC 20510 25 High Road I

(Attn: Tom Burack) Newbury, MA 10950 Senator Gordon J. Humphrey Edward G. Molin 1 Eagle Squate, Suite 507 Mayot Concord, NH 03301 City Hall (Attn: Herb Boynton) Newbutypott, MA 01950 i

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E' Donald E. Chick William Lord Town Managet Board of Selectmen Town of Exetet Town Hall 10 Ftont Street Friend Street Exetet, NH 03833 Amesbury, MA 01913 Brentwood Board of Selectmen Gary W. Holmes, Esq.

RFD Dalton Road Holmes & Ellis atentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahtens, Esq. Diane Cuttan, Esq.

Assistant Attorney General Hatmon & Weiss Department of the Attorney suite 430 General 2001 S Street, N.W.

State House Station #6 Washington, DC 20009 Augusta, ME 04333 Thomas G. Dignan, Esq. Richard A. Hampe, Esq.

R.K. Gad III, Esq. Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingwotth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W. McCormack (POCH)

Boston, MA 02109 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Cattigg, Chaitman Anne E. Goodman, Chaitperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director Atomic Safety and Licensing Town of 3rentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Exetet, NJ 03833 Commission Washington, DC 20555 DI . Emmeth A. Luebke Chatles P. Graham, Esq.

5500 Friendship Boulevard McKay, Murphy & Graham Apartment 1923 Old Post Office Squate Chevy Chase, MD 100 Main Street Amesbuty, MA 01913 e

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• Alan-S. Rosenthal, Chairman Atomic Safety-& Licensing

• Thomas S. Moore

-Appeal Board Atonic Safety & Licensing Appeal Board' U.S. .Nucleat Regulatoty.

Commission- U.S. Nuclear Regulatory Conmission

' East -West Towers Building EastLWest' Towers Building Thir d Floor Mailtoom Third Floor Mailroon

4350 EastfWest Highway 4350-East West Highway Bethesda, MD 20814 Bethesda, MD 20814

• Howard A. Wilber Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory ,

Commission East West Towers Building Thitd Floot Mailtoom 4350. East West Highway Bethesda, MD 20814

_ c )M .b FraMt'W. OsttEnder Assistant Attorney General Department of the Attorney 7eneral Nuclear Safety Unit.

One Ashburton Place Boston, MA 02108 (617) 727-5575 Dated:- March 8, 1988