ML20151P270

Intervenor Exhibit I-State-38,consisting of Response of FEMA to Applicant Objection in Nature of Motion in Limine to Admission Into Evidence of Certain Portions of FEMA Refiled Testimony

ML20151P270
Person / Time
Site:	Seabrook
Issue date:	05/26/1988
From:	Flynn H Federal Emergency Management Agency
To:	Atomic Safety and Licensing Board Panel
References
OL-I-STATE-038, OL-I-STATE-38, NUDOCS 8808090302
Download: ML20151P270 (6)

Text

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I nsver Z-Unh&E October 30, 1987 I'M Kf. I Q p UdNhc d UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '88 JL 19 P6 :04 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Cfrict. OF Sivt tar y DOCKEilNG A SEitVICE BRANCH gyi N In the Matter of )

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Public Service Co. of New Hampshire, ) Docket No. 50-443-OL et al. ) 50-444-OL

) Offsite Emergency (Seabrook Station, Units 1 & 2) ) Planning Issues

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I RESPONSE OF FEDERAL EMERGFNCY MANAGEMENT AGENCY TO APPLICANTS' OBJECTION IN THE NATURE OF A l MOTION IN LIMINE TO THE ADMISSION.INTO EVIDENCE OF CERTAIN PORTIONS OF FEMA'S PREFILED TESTIMONY The Federal Emergency Management Agency (FEMA) opposes the Applicants' (Oj Objection to the Introduction into Evidence of Certain Portions of FEMA's Prefiled Testimony.

The substance of the Applicants' argument against the introduction of ,

FEMA's testimony on the safety of the transient beach population (the "sheltering" issues) is that FEMA's position asserts nothing mare than legal argumentation and that its conclusions are legally incorrect. FEMA, of course, asserts that its conclusions are legally correct, but it also asserts that that is immaterial. The issue currently before this Atomic Safety and ,

Licensing Board is simply whether it is appropriate to admit the proposed 1 1 1 testimony into evidence and allow cross-examination on it.  !

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The regulations of the Nuclear Regulatory Commission (NRC) provide, at 10 C.F.R. S 50.47(a)(2), that "{t]ne NRC will base its finding (of reasonable ,

assurance) on a review of the Federal Emergency Management Agency (FEMA) i i 1 8808090302 880526 j DR ADOCK 050 4j3 .

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findings and determinations as to whether State and local emergency plans are-adequate and whether there is reasonable assurance that they can be implemented...." The same !!RC regulation also provides that, "In any NRC ,

licensing proceeding, a FEMA finding will constitute a rebuttable presumption on questions of adequacy and implementation capability." While FEMA does not j'

claim for itself the prerogative of interpreting NRC's regulations, it would seem beyond controversy that FEMA's opinions on off-site emergency planning issues in admitted contentions are relevant. FEMA's testimony is essentially that of an expert witness who is given a special status. What FEMA is l offering is opinion evidence. By its nature, it is a mix of fact and inference. FEMA's reasoning process is an essential part of the opinion l

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evidence and direct testimony and cross-examination on that subject ought to be allowed, j p'%)

For the foregoing reasons, FEMA submits that the Applicants' Objection in the Nature of a Motion I_n Limine to the Admission of Certain Portions of 1

FEMA's Prefiled Testimony should be denied. I Respectfully submitted, l

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)__- i Attorney f the Feder Emergency Management Agency Dated: October 30, 1987 at Washington, D.C.

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l FEMA's Response to Motion M Limine, page 2.

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UNITED STATES OF AMERICA i

NUCLEAR R.5X3ULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i

) l In the Matter of ) )

)

public Service Co. of New Hampshire, ) Docket No. 50-443-OL  ;

et al. ) 50-444-OL j

) Offsite Emergency (Seabrook Station, Units 1 & 2) ) Planning Issues

)

)

CERTIFICATE OF SERVICE i

l 3 I hereby certify that copies of the foregoing Response of' Federal

/ Emergency Management Agency to Applicants' Objection in the Nature cf a Motion In Limine to the Introduction into Evidence of Certain Portions of FEMA's 1 Prefiled Testimony have been cerved on the following through the United States Postal Service on this 30th day of October, 1987 i

Ivan W. Smith, Esq., Chairman -l Atomic Safety and Licensing Board i Nuclear Regulatory Commission East West Towers Building 4350 East West Highway Bethesda, Maryland 20814 Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board Nuclear Regulatory Commission Bethesda, Maryland 20555 Gustave A. Linenberger, Jr.

Administrative Judge Atomic Safety and Licensing Board Nuclear Regulatory Commission (9

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Bethesda, Maryland 20555 FEMA's Response to Motion In Lirrine, page 3.

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Docket and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety ar.d Licensing ; '-d U.S. Nuclear Regulatory Commi - 7 Washington, D.C. 20555 Sherwin E. Turk, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814 Thomas G. Dignan, Jr., Esq.

Ropes & Gray 225 Franklin Street Boston, MA 02110

() Stephen E. Merrill Attorney General George Dana Bisbee Office of the Attorney General 25 Capitol Street Concord NH 03301-6397 Carol S. Snieder Assistant A'.torney General Office of the Attorney General  ;

One Ashburton Place, 19th Floor l Boston, MA 02108

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Diane Curran, Esq. i Harmon & Weiss l 2001 S Street, N.W.

Suite 430 Washington, D.C. 20009 Robert A. Backus, Esq.

Backus, Meyer & Solomon i 116 Lowell Street l Manchester, NH 03106

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, i FEMA's Response to Motion M Limine, page 4.

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1 l O Paul McEachern, Esq.

Mathew T. Brock, Esq.

Shaines & McEachern i Post Office Box 360 Portsmouth, NH 03801 Edward A. Thomas Federal Emergency Management Agency 442 J.W. McCormack (POCH)

Boston, MA 02109 Jane Doughty 1 Seacoast Anti-Pollution League 5 Mu ket Street Portsmouth, NH 03801 Sandra Gavutis, Chairman Board of Selectmen RFD 1 Box 1154 Route 107 Kensington, NH 03827 J.P. Nadeau, Esq.

Selectmen's Representative 1 Board of Selectmen O 10 Central Road l

Rye, NH03870 [l Dated: October 30, 1987

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As 1stant eneral C sel Federal Emergency Management Agency <

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1 i I Ll FEMA's Response to Motion In Limine, page 5. l

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