ML20150C600

Applicant Response to New England Coalition on Nuclear Pollutions Motion to Defer Briefing.* Motion to Defer Should Be Denied.W/Certificate of Svc

ML20150C600
Person / Time
Site:	Seabrook
Issue date:	03/14/1988
From:	Steenland D, Steenland T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
CON-#188-5852 LBP-88-06, LBP-88-6, OL-1, NUDOCS 8803210109
Download: ML20150C600 (7)

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'JSHRC Dated:

March 14, 1988 16 WW 18 M1:38 UNITED STATES OF AMERICA FFICE OF H G.TAF <

00CKE!!0 a MVRE NUCLEAR REGULATORY COMMISSION BPANCH before the ATOMIC SAFETY AND LICENSING APPEAL BOARD

)

In the matter of

)

)

PUBLIC SERVICE COMPANY

)

Docket Nos. 50-443-OL-1 OF NEW HAMPSHIRE, et al.

)

50-444-OL-1

)

)

(Onsite Emergency Planning

)

and Safety Issues)

(Seabrook Station, Units 1

)

and 2)

)

)

APPLICANTS' RESPONSE TO NEW ENGLAND COALITION ON NUCLEAR POLLUTIONS' MOTION TO DE?ER BRIEFING On March 3, 1988, 1988 New England Coalition on Nuclear Pollution ("NECNP") filed a motion ("Motion to Defer") to defer briefing of NECNP's appeal of the On-site Licensing Board's Memorandum and Order LBP-88-6 (February 7, 1988).

Anplicants ocoose the motion.

NECNP is appealing the Licensing Board's Order in LBP-88-6 wherein the Board determined that NECNP contentions IV and I.V.

are not relevant to low power operation because the safety concerns therein would not adversely impact upon the public health and safety if Seabrook were authorized to operate at 5% power.

NECNP wishes to defer briefing its appeal "pending the outcome of the (Appeal] Board's remand on 8803210109 e803 4 3

{DR ADOCK 05000443

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i Massachusetts' Attorney General's emergency notification siren contentions, as well as the decision of the Licensing Board on re-opening the record with respect to NECNP Contention I.B.2."

(Motion to Defer at 3).

First, it should be noted that immediately before NECNP filed its Motion to Defer, the Licensing Board issued a Memorandum to the Appeal Board stating that the evidentiary record was adequate to show that RG-58 cable is environmentally qualified and therefore declining to reopen the record on contention I.B.2.

"Memorandum of Appeal Board on Environmental Qualification of Coaxial Cable RG-58" (March 2,

1988).

Therefore, insofar as NECNP's motion to defer is premised on the Licensing Board's reopening the record on Contention I.B.2., the motion is moot.1 In addition, it is clear that the determination of whether the Licensing Board is correct in its ruling in LBP-88-6, is not in any way related to the litigation crising out of ALAB-88 3, the Appeal Board's remand on the siren contentions.

As the Appeal Board has already observed:

[I)n the November 25 order the Commission asked the Licensing Board to decide whether the two contentions (NECNP Contentions IV and I.V.)

admitted for litigation as the result of ALAB-875 are pertinent to low-power operation.

Neither of these contentions is in the sphere of emergency response planning.

In sharp contrast, as also seen, the contentions that we held in ALAB-883 must be resolved prior to low-power operations are directed exclusively to the adequacy of a crucial 1

The Appeal Board has invited further briefing on the Licensing Board's Memorandum.

Order (March 3, 1988).

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element of the emergency planning effort.

There is thus no possible interrelationship between our conclusion in ALAB-883 and any conclusion that the Licensing Board might reach in response to the Commission's November 25 order.

Memorandum (February 10, 1988)(Slip opinion at

7) (footnote omitted).

Finally, in its November 25 order the Commission issued the Licensing Board a mandate to "expeditiously determine" whether considering the issues remanded to it by ALAB-875, it was appropriate to renew authorization of low power operation at Seabrook.

CLI-87-13, 26 NRC (Slip opinion at 7).

The parties and the Appeal Board should continue to work expeditiously to resolve finally the discrete mau ers raised in NECNP's appeal of Licensing Board's renewal of low power license insofar as the two remanded contentions are concerned, See Cleveland Electric Illuminatina Company, (Perry Nuclear Power Plant, Units 1 and 2) LBP-83-79, 18 NRC 1400, 1401 (19P3) ("[T]houghtful hearing management requires that matters that can be completed, be completed, so that they will not interfere with other matters that may arise").

a CONCLUSION For the foregoing ressons, NECNP's Motion to Defer should be denied.

Respectfully submitted, 8

H Thomas G.

Dignan, Jr.

Deborah S.

Steenland Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 Counsel for Acolicants 4

P _-

C0CKEiEP CERTIFICATE OF SERVICE uwer I,

Deborah S.

Steenland, one of the attorneys for g Applicants herein, hereby certify that on March 14, 19 w, 18 M1 :39 made service of the within document by depositing copies thereof with Federal Express, prepaid, for delivery tqf(gr g ;

where indicated, by depositing in the United States maligriini n jh,~

first class, postage paid, addressed to):

BR A NCn Alan S.

Rosenthal, Chairman Howard A. Wilber Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Appeal Panel U.

S.

Nuclear Regulatory U.S.

Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814 Thomas S.

Moore Mr. Ed Thomas Atomic Safety and Licensing FEMA, Region I Appeal Panel 442 John W. McCormack Post U.S.

Nuclear Regulatory Office and Court House Commission Post Office Square East West Towers Building Boston, MA 02109 4350 East West Highway Bethesda, MD 20814 Administrative Judge Sheldon J.

Robert Carrigg, Chairman Wolfe, Esquire, Chairman Board of Selectmen Atomic Safety and Licensing Town Office Board Panel Atlantic Avenue U.S.

Nuclear Regulatory North Hampton, NH 03862 Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814 Judge Emmeth A.

Luebke Diane Curran, Esquire Atomic Safety and Licensing Andrea C.

Forster, Esquire Board Panel Harmon & Weiss 5500 Friendship Boulevard Suite 430 Apartment 1923N 2001 S Street, N.W.

Chevy Chase, MD 20815 Washington, DC 20009 Dr. Jerry Harbour Stephen E. Merrill, Esquire Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee, Esquire U.S. Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 Bethesda, MD 20814

Atomic Safety and Licensing Sherwin E. Turk, Esquire Board Panel Office of General Counsel U.S.

Nuclear Regulatory U.S.

Nuclear Regulatory Commission Commission East West Towers Building One White Flint North, 15th F1.

4350 East West Highway 11555 Rockville Pike Bethesda, MD 20814 Rockville, MD 20852

• Atomic Safety and Licensing Robert A.

Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S.

Nuclear Regulatory 116 Lowell Street Commission P.O.

Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Mr. J.

P.

Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire Carol S.

Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney 25 Maplewood Avenue General P.O.

Box 360 One Ashburton Place, 19th Flr.

Portsmouth, NH 03801 Boston, MA 02108 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801

• Senator Gordon J. Humphrey Mr. Angie Machiros U.S.

Senate Chairman of the Board of Washington, DC 20510 Selectnen (Attn:

Tom Burack)

Town of Newbury Newbury, MA 01950

• Senator Gordon J. Humphrey Mr. Peter S. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn:

Herb Boynton)

Newburyport, MA 01950 Mr. Thomas F.

Powers, III Mr. William S.

Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833,

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4 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road-Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.

Washington, DC 20472 Gary W.

Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Strtat Hampton, NH 03841 Concord, NH 03301 Judith H. Mizner, Esquire Charles P. Graham, Esquire Silverglate, Gertner, Baker, McKay, Murphy and Graham Fine, Good & Mizner 100 Main Street 88 Broad Street Amesbury, MA 01913 Boston, MA 02110 Deborah S.

Steenland

(*=U.S. First Class Mail.)

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