ML20199E664
| ML20199E664 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/17/1986 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#286-667 OL, NUDOCS 8606230356 | |
| Download: ML20199E664 (7) | |
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Datec June %17,3198 JQffN A
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NUCLEAR REGULATORY COMMISSION
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before the ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL-Z' NEW HAMPSHIRE, et al.
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50-444-OLy(
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On-site Emergency Planning (Seabrook Station, Units 1 and 2
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and Safety issues
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APPLICANTS' MOTION FOR INCORPORATION OF CERTAIN MATERIALS IN RECORD; FOR CLOSING OF RECORD; AND FOR ISSUANCE OF PARTIAL INITIAL DECISION AUTHORIZING ISSUANCE OF OPERATING LICENSE FOR OPERATION NOT IN EXCESS OF 5% OF RATED POWER The applicants say as follows:
1.
On November 4, 1985, this Board issued an Order (Directing Submissions by Applicants and Staff; Reopening Record for Supplementation) (hereafter " Board Order").
2.
Therein the Board directed the applicants and Staff to furnish to the Board as they became available the following documents:
a.
Applicants' Revised Environmental Qualification Report.
Dy0) 8606230356 860617 PDR ADOCK 05000443 8
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b.
Staff's review of Applicants' proposed revisions'to the new section 5.0 of the-on-site Radiological Response Plan.
c.
Staff's continuing review of Revision 1 to the Westinghouse Owners Group Emergency Response Guidelines.
3.
The Board further reopened the record herein for the " limited purpose of supplementation," and stated:
"After a prehearing conference, and after discovery, if any, a supplementary hearing will be ordered to take evidence on the above-identified matters pertaining to Contentions NECNP I.B.2, NECNP~III.1 and NH 20, which involve significant health and safety issues, and which were not previously ripe for hearing."
4.
In an order issued December 4, 1985, this Board further stated that the Board Order:
"neither implicitly nor explicitly, presaged procedural or evidentiary rulings 5.
The parties involved in the litigation of the three contentions' recited in the Board Order are:
NECNP and NHAG NECNP I.B.2 (SAPL declined participation in answer to interrogatory VIII-1 by applicants)
NECNP-III.1 NECNP, SAPL and NH.
NH (NECNP and SAPL N.H.20 declined in answers to interrogatories) 6.
Proposed findings were filed with respect to these contentions in 1983 by Staff and Applicants and the following:
NECNP I.B.2 NECNP NECNP III.1 NECNP N.H.
20 NH 7.
New Hampshire has now filed a motion to withdraw contention NH 10 referenced in footnote 2 of the Board's Order.
N.H.
Motion to Withdraw Contention NH-10.
(June 12, 1986).
8.
On October 31, 1985 applicants submitted to Staff the Revised Environmental Qualification Report.
9.
The Staff has now issued SSER Suppl. No.
4.
Section 13.3.2 thereof contains the current emergency plan evaluation including the review of Section 5.0 of the on-site radiological response plan.
Therein the Staff concludes that the Seabrook Station Emergency Plan provides an adequate planning basis for an acceptable state of on-site emergency preparedness, and meets the requirements of 10 CFR 50 and Appendix E thereto for issuance of a license authorizing fuel loading and operation up to 5% of rated power.
10.
In particular,,the Staff has reviewed the Seabrook emergency classification and action level scheme (the focus of NECNP Contention III.1 and New Hampshire Contention 20) and as documented in SSER Supp. 4, 5 13.3.2.3, the Staff w
finds the emergency classification and action level scheme to be acceptable.
Staff Fifth Monthly Status Report at V 4, p.
3 (June 4, 1986).
11.
Under date of June 11, 1986, the Staff has submitted its review of the applicants' environmental qualification program as it will appear as Section 3.11 in SSER Supp. No. 5.
Letter, Robert G. Perlis to the Board of June 11, 1986 with attachment.
Therein the Staff concludes
" subject to confirmation that all audit deficiencies have been corrected.
applicant has demonstrated compliance with the requirements for environmental qualification as outlined in 10 CFR 50.49, the relevant parts of GDC 1 and 4, and Sections III, IX and XVII of Appendix B to 10 CFR 50, and with the criteria as specified in NUREG-0588."
12.
Applicants, in light of the statements contained in 5 3.11.3.4 of the Staff cubmission hereby amend their proposed finding No. 45 by substituting the words "100 days" for the words "one year" wherever they appear in that proposed finding.
13.
Except as noted above, there is no other contested matter pending in the proceeding, the resolution of which is a condition precedent to the authorization sought hereby.
WHEREFORE, the applicants move the Board as follows:
1.
To incorporate into the hearing record as evidence therein Section 13.3 of SSER No. 4 and the environmental _ --
A qualification review submitted by the Staff under date of June 11, 1986 as Section 3.11 of SSER Supp. No. 5.
2.
.To issue an order directing NECNP (with respect to NECNP Contentions I.B.2 and III.1) and the State of New Hampshire (with respect to NH 20) and, if the Board deems them entitled thereto, SAPL and Mass AG to state whether they desire any cross-examination with respect to the materials incorporated into the record and, if so, to state with particularity the reasons why such cross-examination is necessary.to develop a sound record.
3.
In the event further proceedings are requested and allowed, to schedule and hold the same as soon as possible consistent with the Board members' convenience and availability.
4.
To close the record and thereafter issue.a partial initial decision authorizing operation of Seabrook Unit No. 1 up to and including 5% of rated power.
By their attorneys, r"A Tho M g an, Jr.
Robert K. Gad III Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 (617) 423-6100 a.
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ECTtrc) h DIM 2 0198su.I CERTIFICATE OF SERVICE 33 a
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I, Thomas G. Dignan, Jr.,
one of the attorn s?for the -(\\
Applicantsherein,herebycertifythatonJune17,1'Ag F
made service of the within document by mailing copie thereof, postage prepaid, to:
Administrative Judge Sheldon J.
Stephen E. Merrill, Esquire Wolfe, Esquire, Chairman Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S. Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Dr. Emmeth A.
Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Robert Carrigg, Chairman Richard A. Hampe, Esquire Board of Selectmen Hampe and McNicholas Town Office 35 Pleasant Street Atlantic Avenue Concord, NH 03301 North Hampton, NH 03862 Diane Curran, Esquire Sherwin E. Turk, Esquire Harmon & Weiss Office of the Executive Legal Suite 430 Director 2001 S Street, N.W.
U.S. Nuclear Regulatory Washington, DC 20009 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 Atomic Safety and Licensing Mr. Ed Thomas Board Panel FEMA, Region I U.S. Nuclear Regulatory 442 John W. McCormack Post Commission Office and Court House Washington, DC 20555 Post Office Square Boston, MA 02109
N s
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 Gary W.
Holmes, Esquire Mr. Peter J. Matthews Holmes & Ells Mayor 47 Winnacunnet Road City Hall Hampton, NH 03841 Newburyport, MA 01950 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.
J. P. Nadeau 1 Pillsbury Street Selectmen's Office Concord, NH 03301 10 Central Road (Attn:
Herb Boynton)
Rye, NH 03870 Mr. Thomas F. Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 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.
Judith H. Mizner, Esquire Washington, DC 20472 Silvergate, Gertner, Baker Fine, Good & Mizner Philip Ahrens, Esquire 88 Broad Street Assistant Attorney General Boston, MA 02110 Department of the Attorney General Augusta, ME 04333 g /j/
Tho'as*C.' Dig M Jr.
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