ML20155C420

NRC Staff Response to Seacoast Anti-Pollution League late- Filed Contention on Seabrook Plan for Commonwealth of Ma Communities.* Admission of Contention Supported.W/ Certificate of Svc

ML20155C420
Person / Time
Site:	Seabrook
Issue date:	05/31/1988
From:	Chan E NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#288-6463 OL, NUDOCS 8806140199
Download: ML20155C420 (8)

Text

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05/31/88 000KETED i

UiflRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 88 JtN -8 All :29 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD QTFIC,E,  ;> ,

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In the Matter of )

Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF 50-444 OL NEW HAMPSHIRE, et al. Off-site Emergency Planning (Seabrook Station, Units 1 and 2)

NRC STAFF'S RESPONSE TO SEAC0AST ANTI-00LLUTION LEAGUE'S LATE-FILED CONTENTION ON THE SEABROOK PLAN FOR MASSACHUSETTS COMMUNITIES INTRODUCTION On May 13, 1988, the Seacoast Anti-Pollution League ("SAPL") filed "Seccoast Anti-Pollution League's late-Filed Centention on the Seabrook Plan for Massachusetts Communities." ("Motion") In its Motion SAPL preser.ts a late-filed contention asserting that the SPMC Amendrent 4 fails to provide assurance that there will be adequate means of relocation for special facility populations in the six Massachusetts communities in compliance with hRC regulations and NUREG-0654 guidance. (Motion at 3) In support of this contention, SAPL contends that the numbers of buses and wheelchair vans were reduced in Amendment 4 to the SPMC with no apparent reason, rationale or compensating measures. In support of its Motion, SAPL addresses the late-filing criteria of 10 CFR 2.714(a)(1).

For the reasons set forth below, the Staff does not oppose the admission of this late-filed contention.

8806:40199 880531 PDR ADOCK 05000443 O PDR pso7

4 DISCUSSION Motions to admit late-filed contentions are to be evaluated in light 1

of the five factors delineated in 10 CFR 2.714 (a)(1). That regulation !

requires a balancing of the following in determining whether to grant an untimely filing:

(i) Good cause, if any, for failure to file on time; (ii) The availability of other means whereby the petitioner's interest will be protected; (iii) The extent to which the petitioner's participation may reasonably be expected to assist in developing a sound record; (iv) The extent to which the petitioner's interest will be represented by existing parties; (v) The extent to which the petitioner's participation will broaden the issues or delay the proceeding.

As set forth below, an analysis of the instant contention in light of these factors indicates that SAPL has satisfied its burden and the contention should be admitted.

1. Good Cause for Failure to File on Time.

In its Motion, SAPL asserts that it did not receive SPMC amendment 4 until on or around April 15, 1988 after the April 13, 1988 deadline for the filing of contentions. (Id. at 1) SAPL futher asserts that subseonent to that time, it was involved with preparation of extensive proposed findings and attending the hearings on the beach population issue. (Id.)

Lastly, SAPL asserts that its filing is within the customary 30-day time frame for filing contentions on newly received plan amendments in this

3 case.(Idet2) The Staff does not dispute SAPL's assertion that the contention was timely filed.

2. Availability of Other_Means to Protect the Intervenor's Interest.

Except for litigation of this contention in this proceeding, there does not appear to be any other means available by which the Intervenor may protect its Interest. Accordingly, this factor favors admission of the contention.

3. Extent to Which Intervenor's Partici)ation May Reasonably Be Expected to Assist in7 eveloping A Scund Record SAPL states that it intends to bring in unidentified fact witnesses to testify and to crossexamine applicant witnesses as to the deficiencies alleged in the contention.

Commission case law establishes that the movants must identify their prospective witnesses and sumarize their testimony, and that they bear the burden of affirmatively demonstrating that their witnesses may reasonably be expecteo to assist in the development of a sound record.

See, e.g., Washington Public Power Supply System (WPPSS Nuclear Project No. 3), ALAB-747, 18 NRC 1167, 1177-78 (1983); Long Island Lighting Co.

(Shoreham Nuclear Power Station, Unit 1), ALAB-743,18 NRC 387, 399-400 (1983). In this regard, SAPL merely states that it will produce fact witnesses, however, no witnesses have been identified nor has the testimony of these prospective witnesses been summarized. Accordingly, this factor weighs somewhat against admission of the contention.

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4. Extent to Which Intervenor's Interest Will Be Represented by Existing Parties No other party has raised this issue for litigation in the proceeding, and absent the admission of this contention, Intervenor's interest will not be represented by any other party to the proceeding. Accordingly, this factor favors admission of this contention.

5. Breadening the Issues or Delay to the Proceeding.

SAPL believes that since litigation has not yet commenced on the SPMC other than contention filing, that the admission of this contention to be litigated ir, the context of and along with other issues will not appreciably delay or broaden the proceeding. The Staff does not disagree with SAPL's characterization that the admission of the contention at this i

time would not appreciably delay or broaden the proceeding. Accordingly, this factor weighs in favor of the admission of this contention.

CONCLUSION As set forth above, factors 1, 2, 4 and 5 favor the admission of SAPL's late-filed contention, while factor 3 weighs against its admission to some extent. In sum, a balancing of these factors supports the admission of '.he contention.

Respectfully submitted, Elaine I. Chan Counsel for NRC Staff Dated at Rockville, Maryland this 31st day of May, 1988

UNITED ST ATES OF AMERIC A NUCLEAR REGUL ATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

Docket Nos. 50-443 OL PUBLIC SERVICE COMP ANY OF 50-444 OL NEW H AMPSHIRE, et al. Off site Emergency Planning (Seabrook Station, Units I and 2) )

CERTIFIC ATE OF SERVIC E I hereby certify that copies of "N R C ST AFF'S RESPONSE TO SEACOAST A N TI-P O L L U TIO N L E A G U E'S L A TE-FILLED C O N T E N TIO N ON THE SEABR00X PL AN FOR MASSACHUSETTS C O M M U NITIES in the above-ca ptioned proceedin g have been served on the following by deposit in the U nited States m ail, first class or, as indicated by an asteris k ,

by deposit in the N uclear R eg ulatory Commission's internal mail system ,

this 31th day of May 1988.

Ivan W. Smith, Chairman

• Atomic Safety and Licensing Administrative Judge Board

• Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission l U.S. Nuclear Regulatory Commission Washington , DC 20355 Washington, D C 20555 1

Gustave A. Linenberger, Jr.* Docketing and Service Section* '

Administrative Judge Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission i U.S. Nuclear Regulatory Commission Washington, D C 20555 l Washington , D C 20555 Dr. Jerry Harbour

• Thomas G. Dignan, Jr., Esq.

Administrative Judge Robert X. Gad , III, Esq.

Atomic Safety & Licensing Board Ropes & Gray U.S. Nuclear Regulatory Commission 225 Franklin Street Washington, D C 20555 Boston, M A 02110 ,

Atomic Safety and Licensing H. J. Flynn , Esq.

A ppeal Panel

• Assistant General Counsel U.S. Nuclear Regulatory Commission Federal Emergency Management Agency Weshington, D C 20555 500 C Street, SW Washington, D C 20472

2 Philip Ahren, Esq. Calvin A. Canney Assistant Attorney General City Hall Office of the Attorney General 126 Daniel Street State House Station Portsmouth, N H 03801 Augusta, ME 04333 Mr. Angie Machiros, Chairman Carol S. Sneider, Esq. Board of Selectmen Assistant Attorney General 25 High Road Office of the Attorney General Newbury, M A 09150 One Ashburton Place,19th Floor Boston, M A 02108 George Dana Bisbee, Fsq. Allen Lampert Assistant Attorney General Civil Defense Director Office of the Attorney General Town of Brentwood 25 Capitol Street 20 Franklin Concord, N H 03301 Exeter, N H 03833 Ellyr R . Weiss , Esq. William Armstrong Diane C urran, Esq. Civil Defense Director harmon & Weiss Town oF Exeter 2001 S Street, NW 10 Front Street Suite 430 Exeter, N H 03833 Washington, D C 20009 Robert A. Backus, Esq. Gary W. Holmes, Esq.

Backus, Meyer & Solomon Holmes & Ellis 116 Lowell Street 47 Winnacunnet Road Manchester, N H 03106 Hampton, N H 03842 Paul McEachern, Esq. J. P. Nadeau

.4atth e w T . B roc k , E s q . Board of Selectmen Shaines & McEachern 10 Central Street 25 Maplewood Avenue . Rye, N H 03870 P.O. Box 360 Portsmouth, N H 03801 Judith H. Mizner, Esq.

Charles P. Graham, Esq. Silverglate, Gertner, Baker, McKay, Murphy & Graham Fine & Good 100 Main Street 88 Board Street Amesbury, M A 01913 B oston , M A 02110 Sandra Gavutis, Chairman Robert Carrigg, Chairman Board of Selectmen Board of Selectmen R F D #1, Box 1154 Town Office Kensington, N H 03827 Atlantic Avenue North Hampton, N H 03870 William S. Lord Peter J. Matthews, Mayor Board of Selectmen City Hall Town Hall - Friend Street Newburyport, MN 09150 Amesbury, M A 01913

0 Philip Ahren, Esq. Calvin A. Canney Assistant Attorney General City Hall Office of the Attorney General 126 Daniel Street State House Station Portsmouth, N H 03801 Augusta, ME 04333 Mr. Angie Machiros, Chairman Carol S. Sneider, Esq. Board of Selectmen Assistant Attorney General 25 High Road Office of the Attorney General Newbury, M A 09150 One Ashburton Place,19th Floor Boston , M A 02108 George Dana Bisbee, Esq. Allen Lampert Assistant Attorney General Civil Defense Director Office of the Attorney General Town of Brentwood 25 Capitol Street 20 Franklin Concord, NH 03301 Exeter, N H 03833 Elly n R . Weis s , E s q . William Armstrong Diane Curran, Esq. Civil Defense Director harmon & Weiss Town oF Exeter 2001 S Street, NW 10 Front Street Suite 430 Exeter, N H 03833 Washington, D C 20009 Robert A. Backus, Esq. Gary W. Holmes, Esq.

Backus, Meyer & Solomon Holmes & Ellis 116 Lowell Street 47 Winnacunnet Road Manchester, N H 03106 Hampton, N H 03842 Paul McEachern, Esq. J. P. Nadeau Matthew T. Brock, Esq. Board of Selectmen Shaines & McEachern 10 Central Street 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, N H 03801 Judith H. Mizner, Esq.

Charles P. Graham, Esq. Silverglate, Gertner, Baker, McKay, Murphy & Graham Fine & Good 100 Main Street 88 Board Street Amesbury, M A 01913 Boston , M A 02110 Sandra Gavutis, Chairman Robert Carrigg, Chairman Board of Selectmen Board of Selectmen R F D #1, Box 1154 Town Office Kensington, N H 03827 Atlantic Avenue North Hampton, N H 03870 William S. Lord Peter J. Matthews, Mayor Board of Selectmen City Hall Town Hall - Friend Street Newburyport, M N 09150 Amesbury, M A 01913

Mrs. Anne E. Goodman, Chairman Michael Santosuosso, Chairman Board of Selectmen Board of Selectmen 13-15 Newmarket Road South Hampton, N H 03827 Durham, NH 03824 Hon. Gordon J. Humphrey Ashod N. Amirian, Esq.

United States Senate Town Counsel for Merrimac 531 Hart Senate Office Building 376 Main Street Washington, D C 20510 Haverhill, M A 08130 Q

Elaine I. Chan Counsel for N R C Staff

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