ML20154K899
| ML20154K899 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/21/1988 |
| From: | Jonas S MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#388-7119 OL-1, NUDOCS 8809260040 | |
| Download: ML20154K899 (14) | |
Text
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DOCKETED U5NRC TO SEP 22 P3 :06 UNITED STATES OF AMERICA c r f,'f '
NUCLEAR REGULATORY COMMISSION e~U L
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ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Sheldon J. Wolfe, Chairman Emmeth A. Luebke Dr. Jerry Harbour
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket No.(s)
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50-443/444-OL-1 (Seabrook Station, Units 1 and 2)
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On-site EP
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September 21, 1988
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REQUEST TO FILE REPLY OF MASSACHUSETTS ATTORNEY GENERAL TO "APPLICANTS' ANSWER TO MOTION TO AMEND BASIS FILED BY MASSACHUSETTS ATTORNEY
__ GENERAL WITH RESPECT TO SIREN CONTENTIONS" Pursuant to 10 C.F.R.
S 2.730(c), the Massachusetts Attorney General ("Mass AG") requests that the Board permit it to file the collowing reply to the Applicants' Answer to Motion to Amend Basis.1#
The reply is necessary because since the Applicants' Answer the Commission has adopted an amendment to 10 C.F.R. S 50.47(d) which bears directly on the Applicants' arguments.
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The Mass AG filed his Motion to Amend Bases on September 8, l
1988.
The Applicants answered on September 12, 1988.
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ARGUMENT The Mass AG does not believe that his motion seeks the admission of new contentions, but rather seeks only to amend two bases because of newly discovered' facts.
The contention itself reads:
Applicants have failed to comply with the provisions of 10 C.F.R. S 50.47(b)(5) and part 50, Appendix E, IV, D(3).
The means they claim to have established to provide early notification and clear instruction to the populace of the Towns of Amesbury, Merrimac, Newbury, Newburyport, Salisbury and West Newbury, Massachusetts and Salisbury State Beach Reservation in Salisbury, Massachusetts are inadequate.
The language of the contention was suggested by the Appeal Board precisely to litigate any issues arising from the adequacy of the Applicants' alternative notification system.
ALAB-883 at 19-20 n.30.
The amended bases are just that and fall squarely within the scoge of the contention.
1.
The_ Motion Was Timely Filed t Even if the Mass AG must meet the late filed contention standards, he does so in this cewe.
With respect to timeliness, t'he earliest Basis 10a could have been brought was after the Applicants submitted Amendment No. 6 to the SpMC, in early August.
Basis 2a could not have been brought before the Mass AG performed title searches on the acoustic locations, after Mr. Desmarais revealed in his July 28, 1988 deposition that the Applicants did not own the property they intended to use.
Egg Desmarais Transcript at 135-139, attached hereto as Exhibit A.
On September 16, 1988, the Commission adopted a rule making the public notification requirement a full-power rather than a low-power issue.
In anticipation of the new rule the Mass AG suggested to counsel to the Applicants that its summary disposition motion be put off indefinitely and rescheduled after the Commission vote.
Counsel to the Applicants elected to go forward with the filing on September 19, 1988.
particularly in light of the fact that a low-power license no longer hinges on resolution of the siren contention and the SpMC litigation is still in the discovery stages, the Applicants should not now be heard to claim that the Motion to Amend Bases was not timely because it was filed "almost [on) the eve of the Summary Disposition deadline for filing."
See Applicants' Answer at 4.A 2.
The Mass AG's participation Will Assist In Developing A Sound Record.
Under the protective Order entered by this Board on i
July 27, 1988, the information necessary to develop Basis 2a is available in the first instance only to the Mass AG and the Applicants.
The Applicants have chosen not to raise this 1
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Of course, the Applicants' Summary Disposition motion has i
not been mooted.
Rather, if granted, it will only resolve a
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i portion of the Mass AG's siren contention.
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e-P important issue to the Board and without the Mass AG's participation it will go unreviewed.
The Mass AG wit.1 present
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l evidence, in the form of title documents and testimony of~the I
Applicants' employees that the Applicants do not own i
and have not sought permission to use the property which they
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intend to use for VANS purposes.
With repect to Basis 10a, this issue has not been litigated in the New Hampshire portion of the case and unless admitted here will go unaddressed.
The Mass AG will offer the testimony of a behavioral / human response expert that the voice mode is t
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absolutely necessary for instructing the transient beach population in an emergency.
In short, if he need do so the Mass AG has satisfied 10
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C.F.R. S 2.714(a)(1)(iii).
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The Motion To Amend Bases Will Not Unduly Broaden
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t The..Isangs Or Delay The Proceedinas.
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Bases 2a and 10a arise directly from existing bases and are t
l well within the scope of the siren contention.
Moreover, now 1
that siren issues are full-power rather than low-power issues I
l the relevant inquiry is whether the full-power proceedings will i
i be delayed.
Given the preliminary stage of the SpMC litigation, the answer in plainly "no."
The Mass AG has met 10
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C.F.R. S 2.714(a)(1)(v).ns well.A#
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Applicants concede that the Mass AG has satisfied 10 C.F.R.
I S 2.714(a)(1)(ii) and (iv).
Applicants' Answer at 4-5.
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CONCLUSION For all the foregoing reasons, the Motion to Amend Bases should be allowed.
Respectfully submitted, JAMES M. SHANNON ATTORNEY GENERAL Mb
'#Eef lien A. gnas f
Deputy Chief Public Protection Bureau One Ashburton Place Boston, MA 02108 617-727-2200 Date:
September 21, 1988 i
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'e aiu 135 1
may not know other owners.
2 Q.
Actually, we could skip some things here 3
and if you could concentrate on the acoustic 4
locations, to the extent you know any of the owners 5
of the acoustic locations?
6 MS. SELLECX:
I might as well note on the 7
record that we will be providing the information as 8
to owners for acoustic locations and staging area 9
locations in response to a second round of 10 interrogatories.
11 A.
Ste.ging Area 4 as indicated on Crow Lane, 12 and I don't know the owner or the agent for that 13 staging area.
Staging Area 3,
I believe that 14 property is owned by Public Service Company of New 15 Hampshire.
Staging Area 1,
I believe, is owned by i
16 the Seabrook Firemen's Association.
Staging Area 2 17 is Massachusetts Electric Company fac.s'*y, and I 18 believe they own that property.
That is also the 19 location, that's acoustical location VL-04.
20 Q.
You don't know who owns any of the other 15 21 acoustic locations?
22 A.
I will go through it one more time.
23 MR. JONAS:
Let's go off the record for a 24 second.
EXIIIBIT A
7, o
4 136 1
(Discussicn off the record) 2 A.
VL-3 is the Storey farm, and I believe that 3
Mr. Storey owns that farm.
That is the extent of my 4
knowledge of the owners of the property.
5 Q.
You mentioned earlier before lunch that 14 6
of the acoustic locations are not under agreement?
7 A.
Agreement in the sense that we have signed 8
documents?
9 Q.
Well, I'm using your words.
10 A.
Okay.
11 Q.
And you also said that you didn't believe 12 that an agreement needed to be reached, again, your 13 words, to use those acoustic locations for the 14 purpose indicated in your design report?
15 A.
I think I also indicated one other thing, 16 and that was we did have discussions with one of the t
17 acoustic iccation areas, we had discussions with one 18 of the owners.
So it would actually be 13 and not 19 14 areas that we don't have agreements with, in that 20 sense that you've described.
21 Q.
Have you had discussions with tnose owners 22 of the 13 locations?
i 23 A.
No, we have not.
I 24 Q.
Those owners are not New Hampshire Yankee t
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137 1
or PSNH, correct?
2 A.
I don't know the owners for those areas, so 3
I don't know whether or not they are or are not held 4
by public service or
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5 Q.
Is it your understanding 6
A.
It is my understanding that they are not.
7 Q.
Do you have any understanding why it is 8
your position that you can use the properties for 9
the purposes indicated here without having prior 10 discussions with those owners?
11 A.
Can you repeat'that question again.
12 Q.
Your understanding is that New Hampshire 13 Yankee and PSNH don't own the properties?
14 A.
That's right.
15 Q.
Yet you pian on using those properties?
16 A.
That's right.
t 17 Q.
And you haven't had any discussions with 18 those owners concerning the use of those properties?
19 A..
That's right.
20 Q.
Is there a reason that you know of why you 21 assume you can use the properties without having l
22 discussions with the owners?
I 23 A.
Based on two considerations.
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24 Q.
Okay.
Go ahead.
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Q 138 1
A.
One being realism, and the other being some 2
of the properties are in the public domain.
s 3
Q.
I know you are not a lawyer.
Putting that 4
aside, can you tell me what your understanding of 5
the concept of realism is?
6 A.
That in the event of any real emergency 7,
that any government official from either state, 8
county or municipal level who governs in the 9
Commonwealth of Massachusetts would exercise their 10 oworn duty to protect the citizens of the 11 Commonwealth.
12 Q.
You also mentioned some of the properties 13 are in tha public domain as you p r. t it?
- 4 A.
Yes.
15 Q.
Do you have an understanding of whether 16 that public domain is a state or local or federal 17 government property?
18 A.
Can you rephrase that, please.
I 29 Q.
Okay.
Some of the properties are in the 20 public domain?
Those were your words.
21 A.
Right.
22 Q.
Some of them are owned by a government?
r 23 A.
That's right.
24 Q.
Do you have any understanding about which l
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4 139 1
government owns those properties?
2 A.
I believe that it is the Commonwealth o'f 3
Massachusetts and the municipalities of the EPZ.
4 Q.
Is it your understanding that all 13 of the 5
acoustic locations not under agreement or at least 6
discussion are owned by public entitles; are all 13 7
of these owned by public entities?
8 A.
I believe that they are.
9 Q.
All 137 10 A.
Yes.
I also add that the State of New-11 Hampshire has responsibility for some of the
- 2 roadways that are acoustic locations.
13 In response to the prior question in order
- 4 to make it complete, there are acoustic locations
- 5 that are in New Hampshire that are in the public 16 domain.
17 Q.
Are any of these 13 acoustic locations on 18 private property, as far as you know?
19 A.
To the best of my linowledge, those 13 are 20 not on private land.
21 Q.
The VANS system or the design concept as 22 you've referred to it during the course of the 23 deposition, does it include back-up VANS vehicles?
24 A.
Yes.
it does.
DORIS M.
JONES & ASSOCIATES, INC.
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Y UNITED STATES OF AMERICA Uh$h.IU c
NUCLEAR REGULATORY COMMISSION
'88 EP 22 P3 :06
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In,the Matter of
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h[.Mf 3 f'h.:Ifj,[
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i;aucy PUBLIC SERVICE COMPANY OF NEW
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Docket No.(s)
HAMPSHIRE, at al.
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50-443/444-OL-1 (Seabrook Station, Units 1 and 2)
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(On-site EP)
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CERTIFICATE OF SERVICE I, Stephen A. Jonas, hereby certify that on September 21, 1988, I made service of the within Request to File Reply of Massachusetts Attorney General to "Applicants' Answer to Motion to Amend Basis Filed By Massachusetts Attorney General With Respect to Siren Contentions,"
by first class mail, or by Federal Express as indicated by (*), or by hand delivery as indicated by
[**).
- Sheldon J. Wolfe, Chairperson Dr. Emmoth A. Luebke 1110 Wimbledon Drive 5500 Friendship Doulevard McLean, VA 22101 Apartment 1923N Chevy Chase, MD 20815 Dr. Jerry Harbour Sherwin E. Turk, Esq.
Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Office of General Counsel Commission Washington, DC 20555 Washington, DC 20555 H. Joseph Flynn, Esq.
Stephen E. Merrill Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W.
25 Capitol Street Wa'2hing ton, DC 20472 Concord, NH 03301
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- Docketing and Service Paul A.
Fritzsche, Esq.
U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112
.Hashington, DC.
20555 Augusta, ME 04333 Roberta C. Pevear Ms. Diana P.
Randall State Representative 70 Collins Street Town of Hampton Falls Eeabrook, NH 03874 Drinkwater 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 Manchester, NH 03106 Atomic Safety &' Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S.
Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Matthew T.
Brock, Esq.
Mr. J. P. Nadeau Shaines & McEachern Board of Selectmen 25 Maplewood Avenue 10 Central Road P.O.
Box 360 Rye,.9H 03870 Portsmouth, NH 03801 Ms. Sandra Gavutis, Chairperson Mr. Calvin A. Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angelo Machiros, Chairman U.S.
Senate Board of Selectmen Washington, DC 20510 25 High Road (Attn: Tom Burack)
Newbury, MA 10950 Senator Gordon J. Humphrey Edward Molin 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton)
Newburyport, MA 01950 Mr. Donald E. Chick Mr. William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 -
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Brentwood Board of Selectmen Gary W. Holmes, Esq.
RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 philip Ahrens, Esq.
Ellyn Weiss, Esq.
Assistant Attorney General Harmon & Weiss Department of the Attorney Suite 430 j
General 2001 S Street, N.W.
State House Station #6 Washington, DC 20009 Augusta, ME 04333 il
- Kathryn Selleck, Esq.
Richard A. Hampe, Esq.
Thomas G. Dignan, Esq.
Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Ashad A. Ashod, Esq.
209 Winnacunnet Road 376 Main Street Hampton, NH 03842 Haverhill, MA 01830 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 Carrigg, Chairman Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 1
Allen Lampert Ivan W. Smith, Chairman Civil Defense Director Atomic Safety and Licensing Town of Brentwood Board panel 20 Franklin Street U.S. Nuclear Regulatory Commission Exeter, NH 03833 Washington, DC 20555 Charles P. Graham, Eng.
Judith H. Mizner, Esq.
Murphy & Graham Lagoulis, Clark, Hill-Whilton 33 Low Street
& McGuire Newburyport, MA 01950 79 State Street Newburyport, MA 01950 l l
a R.
Scott Hill-Whilton, Esq.
Barbara A. St. Andre, Esq.
Lagoulis, Clark, Hill-Whilton Kopelman & Paige, P.C.
& McGuire 77 Franklin Street t
79 State Street Boston, MA 02110 Newburyport, MA 01950 Sheldon J. Wolfe, Chairperson U.S. Nuclear Regulatory Commission Washington,'DC 20555
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Skiphen' A. Jonas Assistant Attorney General Deputy Bureau Chief Public Protection Bureau Office of the Attorney General One Ashburron Place Boston, MA 02108 (617) 727-2200 Dated:
September 21, 1988 i
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