ML20154H788
| ML20154H788 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/19/1988 |
| From: | Curran D HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#288-6353 88-558-01-OLR, 88-558-1-OLR, OL-1, NUDOCS 8805260071 | |
| Download: ML20154H788 (5) | |
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'D" May 19,1988 UNITED STATES NUCLEAR REGULATORY COMMISSION 18 mY 23 P5 50 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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BRANCH In the Matter of
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Public Service Company of
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New Hampshire, et al.
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Docket Nos. 5 0-443 OL-1
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5 0-4 44 OL-1 (Seabrook Station, Units 1 & 2)
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ONSITE EMERGENCY
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PLANNING & TECHNICAL
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ISSUES NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S l
RESPONSE TO ASLBP NO. 88-558-01-OLR The New England Coalition on Nuclear Pollution ("NECNP")
hereby responds to the Licensing Board's Order of May 9,1988, in which it directs the parties to provide their views as to how the l
Board should proceed with the remanded issue regarding the environmental qualification of RG-58 coaxial cable.
1)
The Appeal Board has made it clear that Applicants and the Staff are to be af forded another opportunity to demonstrate I
that RG-58 cable is qualified.
slip op, at 24, n. 2 4.
It is l
also clear that this must be done in the context of an evidentiary proceeding.
Id. at 24.
All new evidence must be sponsored by a competent affiant or witness.
Th u s, the Licensing Board should reopen the record for the purpose of taking evidence on the issue of environmental qualification of RG-58 cable.
Id.
2)
The Boaro should open discovery on the qualification of RG-58 cable.
Information that nust be obtained on discovery generally includes a description of Applicants' and the NRC Staf f's positions; inquiry into the bases for Applicants' change S2goD P
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4 2-in position regarding the qualification of RG-58 cable; documents relating to changes in Applicants' license application, the basis f or Applicants' change in position, and the NRC Staf f's evalua-tion of the issue.
In order to provide sufficient time for interrogatories and depositions, the Board should allow eight weeks for discovery.
3)
The Board should hold an evidentiary hearing on the basis for Applicants' assertions regarding the qualification specifications for RG-58 coaxial cable; and whether the cable meets the required specifications a,nd thus can survive the postu-lated accident conditions for the required duration.1 These issues encompass but are not limited to the questions posed by the Appeal Board on page 23 of ALAB-891.
While those questions are important, they are by no means the only relevant subject of inquiry.
NECNP has demonstrated that Applicants' EQ file for RG-58 coaxial cable does not contain suf ficient support for a finding of environmental qualification.
Now the Applicants have substantially changed their representations regarding the 1
We note that the Appeal Board has mentioned the possibility that summary disposition motions will be filed in this case.
The decision whether to allow summary disposition motions rests with the discretion of the Licensing Board.
NECNP believes that sum-mary disposition proceedings would be unwarranted and wasteful of time and resources.
At this point, Applicants and the Staf f have had the informal opportunity to present two rounds such motions; with the result that many questions are left unresolved regarding the change in Applicants' position with respect to the qualifica-tion of this component.
In addition, these changes raise ques-tions regarding Applicants' credibility, which must be explored through conf rontation of Applicants' witnesses.
1 qualification of this component.
NECNP is entitled to the opportunity to explore the bases for all of Applicants' asser-tions regarding the environmental qualification of this com-ponent, including but not limited to those questions raised in NECNP's Supplemental Memorandum on Environmental Qualification of RG-58 Coaxial Cable, dated Ma rch 22, 1988, at 5-7; why the cable is classified as 1E; and whether RG-58 cable serves computers exclusively or has some other function.
In short, the scope of the hearing must encompass all issues relevant to the questions of what qualification specifications are required for RG-58 cable; and whether it meets those specifications.
4)
The Appeal Board's remand of the environmental qualification issue has had the effect of vacating that portion of the Board's March 25, 1987, Partial Initial Decision which authorized low power operation based on the Board's decision regarding environmental qualification.
If the Board decides to consider the effect of that remand on the renewal of authoriza-tion to operate at low power, NECNP seeks an opportunity to brief the issue.
Respectfully submitted,
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DT'ane Curran Dean R. Tousley HARMON & WEISS 2 001 "S" St reet N.W.
Suite 430 Washington, D. C.
20009 (202) 328-3500 Ma y 19,1988
2 CERTIFICATE OF SERVICE I certify that on May 19, 1988, copies of the foregoing i
pleading were served by hand, overnight mail, or first-class mail on all parties to this proceeding, as designated on the attached service list.
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l SEABROOK SERVICE LIST - ONSITE LICENSING BOARD
$Sheldon J. Wolfe, Chairman 155 Washington Road Office of General Counsel hicKay, hiurphy and Graham U.S. NRC Rye,New Hampshire 03870 U.S. NRC 100 Main Street Washington, D.C. 20555 Washington, D.C. 20555 Amesbury,MA 01913 Richard E. Sullivan, Mayor
$Dr. Jerry Harbour City Hall R. Scott Hill Whilton U.S. NRC Newburyport,MA 01950 Lagoulis, Clarck, Hill Whilton Washington, D.C 20555
& McGuire Alfred V. Sargent, Chairman 79 State Street
%Dr. Emmeth A. Luebke Board of Selectmen Newburyport, MA 01950 5500 Friendship Blvd.
Town of Salisbury, MA 01950 Apartroent 1923N George Dana Bisbee, Esq.
Chesy Chase, MD 20815 Senator Gordon J. Humphrey Geoffrey M. Huntington, Esq.
U.S. Senate Office of the Attorney General
. Atomic Safety and Licensing Washington, D.C. 20510 State House Annex Board Panel (Atta. Tom Burack)
Concord, NH 03301 U.S. NRC Washington, D.C 20555 Selectmen of Northampton Allen Lvnpert Northampton, New Hamp-Civil Defense Director Atomic Safety and Licensing shire 03826 Town of Brentowoc.i Appeal Board Panel Exeter,NH 03832 U.S. NRC Senator Gordon J. Humphrey Washington, D.C. 20555 1 Eagle Square, Ste 507 Richard A. Hampe. Esq.
Concord,NH 03301 Hampe and hicNicholas Docketing and Service 35 Pleasant Street U.S. NRC Michael Santosuosso, Concord,NH 03301 Washington, D.C. 20555 Chairman Board of Selectmen Gary W. Holmes, Esq.
Mrs. Anne E. Goodman Jewell Street, RFD # 2 Holmes & Ellis Board of Selectmen South Hampton, NH 03842 47 Winnacunnent Road 1315 New Market Road Hampton, NH 03S42 Durham,NH 03842 Judith H. Mizner, Esq.
Silverglate, Gertner, et al.
William Armstrong William S. Lord, Selectman SS Broad Street Civil Defense Director Town Hall-Friend Street Boston, MA 02110 10 Front Street Amesbury,MA 01913 Exeter,NH 03833 Rep. Roberta C. Pevear Jane Doughty Drinkwater Road Cahin A.Canney SAPL Hampton, Falls, NH 03844 City Manager 5 Market Street City Hall Portsmouth,NH 03801 Phillip Ahrens, Esq.
126 Daniel Street Assistant Attorney General Portsmouth,NH 03801 Carol S. Sneider, Esquire State House, Station # 6 Assistant Attorney General Augusta,ME 04333 Matthew T. Brock, Esq.
1 Ashburton Place,19th Floor Shaines & McEachern Boston, MA 02108 Thornas G. Dignan, Esq.
P.O. Box 360 R.K. Gad !!, Esq.
Maplewood Ave.
Stanley W. Knowles Ropes & Gray Portsmouth, NH 03801 Board of Selectmen 225 Franklin Street P.O. Box 710 Boston, MA 02110 Sandra Gavutis North Hampton. NH 03826 RFD 1 Box 1154 Robert A. Backus, Esq.
East Kensington, NH 03827 J.P. Nadeau Backus, Meyer & Solomon Town of Rye 111 Lowell Street Charles P. Graham, Esq.
Manchester,NH 03105
$ twd delivtfed Gregory A. Berry, Esq.