ML20197B220
| ML20197B220 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/20/1986 |
| From: | Lord W AMESBURY, MA |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#486-1273 OL, NUDOCS 8610280145 | |
| Download: ML20197B220 (7) | |
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Board of Selectmen Town Hall, Amesbury, MA 01913 Tel. 38&O290 :r sw ;
00CKEilhG. EU:/:ci BP W.H BEF0PI THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the matter of
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Docket Nos. 50-443-OL
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50-444-0L PUBLIC SERVICE COMPANY OF
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Offsite Emergency Planning
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(Seabrook Station, Units 1 & 2)
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October 20, 1986 MOTION FOR DIRECTED CERTIFICATION NOW COMES the Town of Amesbury (T0A) and moves that this Appeal Board direct certification of the following matter:
"Whether the ASLB has acted in excess of the bounds of fairness in its Order of October 7,1986 addressing the T0A objection to the Order of the Board Imposing Sanctions (9-11-86)."
DISCUSSION Since the time of the pre-hearing conference in March,1986, much of the time consumed by all parties has dealt with the process of discovery. On February 28, 1986, the Board ordered the T0A to
"... state with reasonable specificity the subject matters on which the Town of Amesbury, Massachusetts wished to participate...".
Following discussions with Judge Hoyt at the pre-hearing conference, the T0A responded to the Order, advising the Board of the Town's interest in SAPL contention #2 and NECNP contention 4(b). Both contentions dealt with issres of contiguous jurisdictional planning and evacuation time estimates.
Neither of the two cortentions of interest to the T0A were admitted before the Board. As of this date, no contentions of the New Hampshire 8610280145 861020 PDR ADOCK 05000443 h
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.s meS Jur u g Board of Selectmen Town Hall, Amesbury, MA 01913 Tel. 388-0290 (2) plans have been submitted by the T0A. The actions of the Board on the two aforementioned contentions has resulted in a defacto removal of the T0A from this portion of the proceedings.
Thus, nothing is gained by discovery on the T0A, nor would any party be harmed by lack of discovery on the T0A.
Subsequently, the process of discovery began with the service of interrogatories on all parties by the Applicants, responses and answers by some parties, an Applicants' motion to compel, and on June 24, 1986, a Board Order to Compel Responses. On July 1, 1986, The T0A filed a motion for protective order pursuant to 10 CFR 2.740(c).
There is nothing in 10 CFR 2.740 which precludes the T0A from a motion for protective order following either motions or orders to compel, nor any restriction on the Board in granting same.
The T0A has been adversely affected resulting in immediate and irreparable harm that, as a practical matter, could not be alleviated by a later appeal. The Board Order "... preclude (s) these named nine cities and towns from presenting direct testimony or cross-examining any witness proffered by other parties in this proceeding."(emphasis added). Since the licensing regulat< ions call for one proceeding, potentially comprised of numerous hearings, the Order of the Board may result in denial of the Town's full participation in any or all future hearings.
As the Appeal Board is aware, the State of New
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- Board of Selectmen Town Hall, Amesbury, MA 01913 Tel. 388-0290 (3)
Hampshire recently submitted to FEMA revision 2 of the NHRERP. These plans will undoubtedly produce from the parties new and additional contentions. The Appeal Board must also consider the fact that no plans have yet been submitted on behalf of the Commonwealth of Massachusetts.
It can be reasonably anticipated that filing of plans for Massachusetts will result in a large number of contentions covering a wide spectrum of issues.
The possibility of restricting participation on yet-filed plans and contentions is appalling.
The Board Order also restricts written pleadings and the filing of findings of facts and conclusions of law.
Traditionally, written pleadings, rather than lenghty oral.arguements, make for a more expeditious proceeding.
Finally, the Order of the Board affects the basic structure of the proceeding in a pervasive or unusual manner.
The Board has developed a pattern of inconsistancy with regard to its handling of the various parties and their motions for reconsideration of the Order for Sanctions.
The Order against the T0A remains the same; the order on the Town of Rye has been somewhat modified to ask the Town of Rye to respond to interrogatory XXIX-1/5 only.
If the Town of Seabrook now answers all the interrogatories by October 22, 1986, it appears the order for sanctions may be lifted completely. One can only guess how the Board will respond the the Town of Salisbury's motion for reconsideration.
_ Ob A lis d,
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'""a Board of Selectmen Town Hall, Amesbury, MA 01913 Tel. 388-0290 (4)
In conclusion, because the scope of future hearings will be so broad, the Order for Sanctions has caused immediate and irreparable harm to the Town of Amesbury.
The severity of the sanctions grossly violates the standards of fairness in the Commissions Statement of Policy on Conduct of Licensing Proceedings,13 NRC 452, 455 (1981).
For the reasons stated, the Appeal Board should direct certification of this question.
Respec ully submitted, b
n William S. Lord Amesbury Board of Selectmen 1
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I CERTIFICATE OF SERVICE C0CKETEP I, William S. Lord, certify that the Town of Amds'W'y's b
MOTION FOR DIRECTED CERTIFICATION has been served ogthBCptppchI:58 list of parties by first-class mail this 20th day of October,1986.
OFFICi. t.
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Helen Hoyt, Chairperson Robert Carrigg, Chairman Atomic Safety and Licensing Board of Selectmen Board Panel Town Office U.S.
Nuclear Regulatory Atlantic Avenue Commission North Hampton, NH 03862 Washington, DC 20555 Dr. Emmeth A.
Luebke Diane Curran, Esquire Atomic Safety and Licensing Andrea C.
Eerster, Esquire Board Panel Harmon & Weiss U.S.
Nuclear Regulatory 2001 S Street, N.W.
Commission Suite 430 Washington, DC 20555 Washington, D.C.
20009 Dr. Jerry Harbour Stephen E.
Merrill, Esquire Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee, Esquire U.S.
Nuclear Regulatory Asnistant Attorney General Office of the Attorney General Commission Washington, DC 20555 25 Capitol Street Concord, NH 03301-6397 Atomic Safety and Licensing Sherwin E. Turk, Esquire Board Panel Office of the Executive Legal U.S.
Nuclear Regulatory Director Commission U.S.
Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105 Alan S. Rosenthal, Chairman Gary J. Edles Howard sA. Wilber ASLAB ASLAB ASLAB USNRC USNRC USNRC Washington, DC 20555 Washington, DC20555 Washington, DC 20555
1 Philip Ahrens, Esquire Mr.
J.P.
Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T.
Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Maplewood' Avenue One Ashburton Place, 19th Floor P.O.
Box 360 Boston, MA 02108 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RED 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950 Senator Gordon J.
Humphrey Mr. Peter S.
Matthews 1 Pillsbury Street Mayor Concord, NH 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H.
Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RED Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Washington, DC 20472 Docketing and Service Section Office of the Secretary US NRC Washington, DC 20555 s
Cary W.
Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street llampton, NH 03841 Concord, NH 03301 Mr. Ed Thomas Judith H. Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker 442 John W.
McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 Boston, MA 02109 Mrs. Anne E. Goodman, Chairman Beverly Hollingworth
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Board of Selectman 209 Winnacunnet Rd.
13-15 Newmarket Rd.
Hampton, NH 03842 Durahm, NH 03824 R.K. Gad III, Esq.
Michael Santasuosso Ropes & Gray Board of Selectnen 225 Franklin St.
So. Hampton, NH 03827 Boston, MA 02110 Charles P. Graham, Esq.
100 Main St.
Old Post Office Sq.
Amesbury, MA 01913 Allen Lampert CD Director Town of Brentwood 20 Franklin St.
FOR THE WN OF AMESBURY, Exeter, NH 03833 ane Doughty 5 Market St.
Portsmouth, NH 03801 y
William S. Lord Mr. Robert J. Harrison October 20, 1986 Pres. & CEO PSNH P.O. Box 330 s
Manchester, NH 03105 Roberta C. Pevear Drinkwater Rd.
Hampton Falls, NH 03844