ML20198A213
| ML20198A213 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/15/1986 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#286-209 OL, NUDOCS 8605200368 | |
| Download: ML20198A213 (8) | |
Text
{{#Wiki_filter:a 1 .j G' Dated: May 15, 1986 UNITED STATES OF AMERICA o\\ ss NUCLEAR REGULATORY COMMISSION before the g 1 g jgg6> 0 ATOMIC SAFETY AND LICENSING BOARD .-{ SK 'a ~,9, 'if l ~;g ) In the Matter of ) ) PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL NEW HAMPSHIRE, et al. ) 50-444-OL ) Off-site Emergency (Seabrook Station, Units 1 and 2 ) Planning Issues ) ) APPLICANTS' RESPONSE TO " TOWN OF HAMPTON MEMORANDUM IN SUPPORT OF ' LATE FILED' CONTENTIONS 10 CFR S 2.714(a)(1)" On May 6, 1986 the Board directed the Town of Hampton to file on or before May 13, 1986 a discussion of the five i late-filed criteria in connection with a set of contentions filed by Hampton on April 14, 1986. Hampton has done so in a memorandum filed under date of May 13, 1986. (Hampton Memo). The Board further directed in its May 6, 1986 order that the Applicants respond thereto on or before May 20, 1986. Herein the Applicants comply with that directive. i l Applicants' also continue to assert the objections set forth 8605200368 860515 PDR ADOCK 05000443 Q PDR Mo3
3 -e i in their response filed April 24, 1986 to reasserted Hampton Contentions I-III, V and VII. ARGUMENT I. First Factor - Good Cause if Any, to File on Time The_ Applicants would concede there exists good cause (i.e. a lack of documents) for the revised proffered contentions IV, VI, and VII. These are addressed to the revisions to the Hampton local plan and recently filed State compensatory plan. II. Second and Fourth Factors - Availability of Other Means to Protect Petitioners' Interest and the Extent to Which Other Parties Will Represent Petitioners' Interest These factors are accorded less weight than the first, third and fifth factors. Commonwealth Edison Co. (Braidwood Station, Units 1 and 2), CLI-86-08, 23 NRC (March 28, 1986) Slip Op. at 2; South Carolina Electric & Gas Co. (Virgil C. Summer Nuclear Station, Unit 1), ALAB-642, 13 NRC 881, 895 (1981). These factors do favor Hampton as is usually the case with all intervenors in NRC proceedings. III. Third Factor - Extent to Which Petitioner can Contribute to Development of a Sound Record With respect to the third factor the Commission has recently stated: "Our case law establishes both the importance of this third factor in the evaluation of late-filed contentions and Tb V the necessity of the moving party to demonstrate that it has special expertise on the subject which it seeks to raise. Mississippi Power & Light Co. (Grand Gulf Nuclear Station, Units 1 and 2), ALAB-704, 16 NRC 1725, 1730 (1982). The Appeal Board has said: 'When a petitioner addresses this criterion it should set out with as much particularity as possible the precise issues it plans to cover, identify its prospective witnesses, and summarize their proposed testimony.' Id." CLI-86-08, supra, Slip Op. at 5. It is the evidentiary contribution which is important, not legal stalls, including the ability to cross-examine. T. Houston Lighting & Power Co. (Allens Creek Nuclear Generating Station, Unit 1), ALAB-671, 15 NRC 508, 513 n.14 ? (1982). "A late petitioner can establish that its participation may reasonably be expected to assist in developing a sound record by '(1) identify [ing) specifically at least one witness it intends to present; and (2) provid[ing] sufficient detail respecting that witness' proposed testimony to permit the Board to reach a reasoned conclusion on the likely worth of that testimony on one or more of [its] contentions'." Washington Public Power Supply System (WPPSS Nuclear Project No. 3), ALAB-767, 19 NRC 984, 985 (1984) quoting id., ALAB-747, 18 NRC 1167, 1181 (1983). Hampton's showing on this factor, in its entirety, is: "At the summer hearing, the Town will present testimony by Hampton officials on the deficiencies in the Revised Hampton RERP and Compensatory Plan, including inadequate personnel, equipment, and unreasonably low population estimates. As the Town with the highest peak population within the EPZ, Hampton believes this evidence is l E J. 's essential to this Board to determine whether the State RERP cannot provide reasonable assurance of adequate protection to the Hampton population in the event of radiological emergency." Hampton Memo at 4. This is woefully short of what is required. No witness is named. A statement that unnamed "Hampton officials" will testify hardly complies with the directives quoted above. Hampton has wholly failed to satisfy this third, and extremely important factor. Its failure to do so should weigh heavily against it. IV. The Fifth Factor.- Broadening. and Delay of the Proceeding Hampton concedes that admission of its late-filed contentions "may result in delay to this proceeding." Hampton Memo at 4. Its further statement that the State of New Hampshire is really to blame for the delay detracts not at all from the concession. The fact that delay will occur dictates weighing this factor against Hampton. CONCLUSION The first factor weighs in Hampton's favor. As usual the second and fourth (and least important factors) also favor Hampton's position. On the critical third factor, Hampton has made no adequate showing at all. And Hampton t concedes the fifth factor weighs against it. On balance, therefore, the ruling should be that the late-filed contentions are excluded. Respectfully submitted, / Q %."-l-? A G Thomas G. Dignan, Jr. R. K. Gad III / Ropes & Giay 225 Franklin Street Boston, MA 02110 (617) 423-6100 \\ CERTIFICATE OF SERVICE I, Thomas G.
- Dignan, Jr.,
one of the attorneys for the Applicante herein, hereby certify that on May 15, 1986, I made service of the within Applicants' Response to " Town of Hampton Memorandum in Support of ' Late Filed' Contentions 10 CFR,2.714(a)(1)" by depositing copies thereof with Federal Express, prepaid, for delivery to (or, where indicated, by depositing in the United States mail, first class postage paid, addressed to): 8 Helen Hoyt, Chairperson Robert Larrigg, Chairman Atomic Safety and Licensing Board of Selectmen Board Panel Town Office U.S. Nuclear Regulatory Atlantic Avenue Commission North Hampton, NH 03862 l East West Towers Building l 4350 East West Highway Bethesda, MD 20814 Dr. Emmeth A. Luebke Diane Curran, Esquire Atomic Safety and Licensing Harmon & Weiss Board Panel 2001 S Street, N.W. U.S. Nuclear Regulatory Suite 430 Commission Washington, DC 20009 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Dr. Jerry Harbour Stephen E. Merrill Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee U.S. Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 Bethesda, MD 20814 c
4 'i CERTIFICATE OF SERVICE I, Thomas G.
- Dignan, Jr.,
one of the attorneys for the Applicants herein, hereby certify that on May 15, 1986, I made service of the within Applicants' Response to " Town of Hampton Memorandum in Support of ' Late Filed' Contentions 10 CFR 1 2'.714(a)(1)" by depositing copies thereof with Federal Express, prepaid, for delivery to (or, where indicated, by depositing in the United States mail, first class postage paid, addressed to): 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 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Dr. Emmeth A. Luebke Diane Curran, Esquire Atomic Safety and Licensing Harmon & Weiss Board Panel 2001 S Street, N.W. U.S. Nuclear Regulatory Suite 430 Commission Washington, DC 20009 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Dr. Jerry Harbour Stephen E. Merrill Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee U.S.. Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 Bethesda, MD 20814
1 4 h
- 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 Commission Washington, DC 20555 Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814
- Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel 116 Lowell Street U.S. Nuclear Regulatory P.O. Box 516 Commission Manchester, NH 03105 Washington, DC 20555 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 Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
- Senator Gordon J. Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn: Tom Bucack) Town of Newbury Newbury, MA 01950
- Senator Gordon J. Humphrey Mr. Peter J. Matthews 1 Pillsbury Street Mayor Concord, NH 03301 City Hall (Attn Herb Boynton)
Newburyport, MA 01950
o s Mr. Donald E. Chick 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 RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W. Washington, DC 20472 Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 Mr. Ed Thomas FEMA, Region I 442 John W. McCormack Post Office and Court House Post Office Square Boston, MA 02109 (*= Ordinary U.S. First Class Mail.) [LD AcD7 -2,?__, Thomas G.,&fgnan Jr.}}