ML20195D206
| ML20195D206 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/14/1988 |
| From: | Sneider C MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#288-6550 OL, NUDOCS 8806230070 | |
| Download: ML20195D206 (7) | |
Text
.-
'00LKtiE0
- USHRC
~.
.gg jg{ 20 - P 3 :35 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before Administrative Juiges:
FFtCE Q Q p. h l
Ivan W.
Smith, Chairperson OCKElap NCH Gustave A.
Linenberger, Jr.
Dr. Jerry Harbour
)
)
In the Matter of-
)
)
Docket Nos.
PUBLIC SERVICE COMPANY OF NEW
)
50-443-444-OL HAMPSHIRE, ET AL.
)
(Off-site EP)
(Seabrook Station, Units 1 and 2),
)
June 14, 1988
)
)
MOTION OF COMMONWEALTH OF MASSACHUSETTS ATTORNEY GENERAL JAMES M.
SHANNON TO FILE REBUTTAL TESTIMONY ON SHELTERING CONTENTIONS Commonwealth of Massachusetts Attorney General' James M.
Shannon hereby moves the Licensing Board, pursuant to 10 CFR 2.730 and 2.743(a) and (b), for leave to file rebuttal testimony on sheltering contentions.
The testimony the Attorney General seeks to file is intended primarily to rebut the anticipated direct and cross-examination testimony of the FEMA witnesses who are scheduled to testify this week.
A small portion of the rebuttal testimony will also be directed at certain matters raised in cross-examination of the Applicants' witnesses on sheltering, h$R DC R
i 3s5P )
o
.s.
l4,:
v.
The rebuttal testimony, which is currently being prepered, consists of two short pieces.
The first is directed at anticipated cross-examination testimony of FEMA concerning NUREG-1210.
In response to interrogatories propounded by the Massachusetts Attorney General, FEMA has stated that it has relied almost entirely on NUREG-1210 as the technical basis for its testimony that sheltering is not needed for the beach population.
The Attorney General seeks to introduce testimony which will state, in essence, that FEMA witnesses have misinterpreted and misapplied NUREG-1210 in reaching this conclusion.
The second piece of testimony, from Dr. Gordon Thompson and Dr. Robert Goble, is also directed at anticipated cross-examination testimony of FEMA witnesses concerning the conclusion in its direct testimony that, "[in severe accident sequences] if the dose reduction strategy is sheltering first followed by an evacuation after plume passage, the total dose reduction would not be as great as that for the immediate evacuation strategy."1/
This additional piece would also to a limited extent address certain matters raised in cross-examination of Applicants' witnesses.
In particular,
(
it would address the "maximum dose reduction" standard as 1/
The Attorney General originally sought to rebut this FEMA I
testimony with the Testimony of Sholly, Beyea and Thompson, which this Board, on May 10, 1988, ruled inadmissible.
The new rebuttal testimony would, in part, replace that rejected testimony.
~ li di ' -
o i-articulated by Applicants' witnesses on cross-examination.2/
The Attorney General seeks to file this testimony on or before July 1, 1988,-two weeks after the close of hearings on--
the direct testimony on sheltering contentions.
Because of the tight hearing schedule that we have been engaged in since the commencement of this' portion of the case ~(as well as the need to prepare for cross-examination of the NRC and FEMA witnesses with very short notice) there has been little or no time until now to review transcripts and preparefthis rebuttal testimony.
The cross-examination of this limited rebuttal testimony should not require significant additional hearing time.
In conclusion, a balancing of factors should weigh in favor of the Board's admitting chis testimony on this key issue concerning protection of the summer beach population.
Wherefore, Massachusetts Attorney General Shannon moves that the Board grant him leave to file said rebuttal testimony.
Respectfully submitted, Commonwealth of Massachusetts Attorney General' James M.
Shannon Ab
'3JC
}
By:
Carol S. Sneider Assistant Attorney General Nuclear Safety Unit Department of the Attorney General One Ashburton Place Boston, MA 02108 (617) 727-2265 Dated:
June 14, 1988 2/
As we have only now begun our review of the transcripts of Applicants' cross-examination testimony, we are not yet able to state the full extent of our need to rebut Applicants' testimony.
N'avertheless, we anticipate that any such rebuttal would be extremely brief, t __
r 3,,
c:
UNITED STATES OF AMERICA 00LKETED.
UiNRC NUCLEAR REGULATORY COMMISSION
'E6 JN 20 P3 :35 0FFICE ai 5L MW#
)
00CKEilM A HitVKI-
-In the~ Matter of
)
BR AINH
)
PUBLIC SERVICE-COMPANY OF
)
Docket No.(s)
)
50-443/444-OL (Seabrook Station, Units 1 and 2)
)
)
)
CERTIFICATE _Of__ SERV _LCE I,
Carol S.
Sneider, hereby certify that on June 14, 1988, I made service of the within Motion of Commonwealth of Massachusetts Attorney General James M. Shannon to File Rebuttal Testi~ ny on Sheltering Contentions, by mailing copies thereof, postage prepaid, by first f
class mail to, or as indicated by an asterisk, by hand delivery at the NRC Hearings in Concord, New Hampshire, to:
- Ivan Smith, Chairman
- Gustave A.
Linenberger, Jr.
Atomic Safety & Licensing Board Atomic Safety & Licensing Board 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
- 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 15th Floor East West Towers Building 11555 Rockville Pike 4350 East West Highway Rockville, MD 20852 Bethesda, MD 20814 l
- H. Joseph'Flynn, Esq.
- Stephen E.
Merrill Assistant. General Counsel Attorney General Office of General Counsel.
Assistant Attorney General George Dana Bisbee Federal Emergency Management Agency Office of the Attorney General L500-C Street, S.W.
25 Capitol Street Washington, DC 20472 Concord,-NH 03301 Docketing and Service Paul A.
Fritzsche, Esq.
U.S.
Nuclear Regulatory
. Office of the Public Advocate Commission State House Station 112 Washington, DC.
20555 Augusta, ME 04333 Roberta C.
Pevear Diana P.
Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing
- Robert A.
Backus, Esq.
Appeal Board Panel Backus, Meyer & Solomon r
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
- Paul McEachern, Esq.
J.
P.
Nadeau Matthew T.
Brock, Esq.
Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O.
Box 360 Portsmouth, NH 03801 Sandra Gavutis, Chairperson Calvin A.
Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street E.
Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J.
Humphrey 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 G.
Molin 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton)
Newburyport, MA 01950 2-i r.
,. _ ~
~
Donald E.
Chick William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 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 General 2001 S Street, N.W.
State House Station #6 Washington, DC 20009 Augusta, ME 04333
- Thomas G.
Dignan, Esq.
Richard A.
Hampe, Esq.
I R.K.
Gad III, Esq.
Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Edward A.
Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W.
McCormack (POCH)
Boston, MA 02109 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 Allen Lampert Sheldon J.
Wolfe, Chairperson Civil Defense Director Atomic Safety and Licensing l
Town of Brentwood Board Panel 20 Franklin Street U.S.
Nuclear Regulatory Exeter, NJ 03833 Commission Washington, DC 20555 Dr. Emmeth A.
Luebke Charles P.
Graham, Esq.
Atomic Safety & Licensing McKay, Murphy & Graham Board Old Post Office Square 5500 Friendship Boulevard 100 Main Street Apartment 1923N Amesbury, MA 01913 Chevy Chase, MD 20815 m
6 i
Judith H.
Mizner, Esq.
Lagoulis, Clark, Hill-Whilton & McGuire 79 State Street Newburyport, MA 01950 r;
e l :, ,_t
- ?, \\.
a Carol S.
Sneider Assistant Attorney General Nuclear Safety Unit Department of the Attorney General One AsPburton Place Boston, MA 02108-1698 (617) 727-2265 Dated:
June 14, 1988 W
l l
l