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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217H9511999-10-21021 October 1999 Memorandum & Order.* Proceeding Re Nepco 990315 Application Seeking Commission Approval of Indirect License Transfers Consolidated,Petitioners Granted Standing & Two Issues Admitted.With Certificate of Svc.Served on 991021 ML20217N2561999-10-21021 October 1999 Transcript of Affirmation Session on 990121 in Rockville, Maryland Re Memorandum & Order Responding to Petitions to Intervene Filed by co-owners of Seabrook Station Unit 1 & Millstone Station Unit Three.Pp 1-3 ML20211L5141999-09-0202 September 1999 Comment on Draft Reg Guide DG-4006, Demonstrating Compliance with Radiological Criteria for License Termination. Author Requests Info as to When Seabrook Station Will Be Shut Down ML20211J1451999-08-24024 August 1999 Comment Opposing NRC Consideration of Waiving Enforcement Action Against Plants That Operate Outside Terms of Licenses Due to Y2K Problems ML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210Q7531999-08-11011 August 1999 Order Approving Application Re Corporate Merger (Canal Electric Co). Canal Shall Provide Director of NRR Copy of Any Application,At Time Filed to Transfer Grants of Security Interests or Liens from Canal to Proposed Parent ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210J8501999-08-0303 August 1999 Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1 ML20211J1551999-07-30030 July 1999 Comment Opposing That NRC Allow Seabrook NPP to Operate Outside of Technical Specifications Due to Possible Y2K Problems ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20209H9101999-07-20020 July 1999 Motion of Connecticut Light & Power Co & North Atlantic Energy Corp for Leave to Intervene & Petition for Hearing.* with Certificate of Svc & Notice of Appearance ML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20206A1611999-04-26026 April 1999 Memorandum & Order.* Informs That Montaup,Little Bay Power Corp & Nepco Settled Differences Re Transfer of Ownership of Seabrook Unit 1.Intervention Petition Withdrawn & Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205M7621999-04-15015 April 1999 Notice of Withdrawal of Intervention of New England Power Co.* New England Power Co Requests That Intervention in Proceeding Be Withdrawn & Hearing & Related Procedures Be Terminated.With Certificate of Svc CLI-99-06, Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 9904071999-04-0707 April 1999 Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 990407 ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20204E6401999-03-24024 March 1999 Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324 ML20204G7671999-03-23023 March 1999 Comment Supporting Proposed Rule 10CFR50.54(a) Re Direct Final Rule,Changes to QA Programs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20207H4921999-02-12012 February 1999 Comment on Draft Contingency Plan for Year 2000 Issue in Nuclear Industry.Util Agrees to Approach Proposed by NEI ML20203F9471999-02-0909 February 1999 License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86 ML20199F7641999-01-21021 January 1999 Answer of Montaup Electric Co to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests Motion Be Denied on Basis of Late Filing.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2461999-01-19019 January 1999 Supplemental Affidavit of Js Robinson.* Affidavit of Js Robinson Providing Info Re Financial Results of Baycorp Holding Ltd & Baycorp Subsidiary,Great Bay Power Corp. with Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q0151999-01-12012 January 1999 North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc ML20199A4331999-01-11011 January 1999 Motion of United Illuminating Co for Leave to Intervene & Petition to Allow Intervention out-of-time.* Company Requests That Petition to Allow Intervention out-of-time Be Granted.With Certificate of Svc ML20198P7181998-12-31031 December 1998 Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Moves to Intervene in Transfer of Montaup Seabrook Ownership Interest & Petitions for Summary Relief or for Hearing ML20198P7551998-12-30030 December 1998 Affidavit of J Robinson.* Affidavit of J Robinson Describing Events to Date in New England Re Premature Retirement of Npps,Current Plans to Construct New Generation in Region & Impact on Seabrook Unit 1 Operation.With Certificate of Svc ML20195K4061998-11-24024 November 1998 Memorandum & Order.* North Atlantic Energy Services Corp Granted Motion to Withdraw Proposed Amends & Dismiss Related Adjudicatory Proceedings as Moot.Board Decision LBP-98-23 Vacated.With Certificate of Svc.Served on 981124 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML17265A8071998-10-0606 October 1998 Comment on Integrated Review of Assessment Process for Commercial Npps.Util Endorses Comments Being Provided by NEI on Behalf of Nuclear Industry ML20154C8171998-10-0606 October 1998 Notice of Appointment of Adjudicatory Employee.* Notice Given That W Reckley Appointed as Commission Adjudicatory Employee to Advise Commission on Issues Related to Review of LBP-98-23.With Certificate of Svc.Served on 981006 CLI-98-18, Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 9810061998-10-0505 October 1998 Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 981006 ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20154F9891998-09-29029 September 1998 License Transfer Application Requesting Consent for Transfer of Montaup Electric Co Interest in Operating License NPF-86 for Seabrook Station,Unit 1,to Little Bay Power Corp ML20154D7381998-09-21021 September 1998 Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790 ML20153C7791998-09-18018 September 1998 Comment Supporting Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Util Endorses NRC Staff Focus on Operability & Funtionality of Equipment & NEI Comments ML20151Z5611998-09-18018 September 1998 Order.* Pursuant to Commission Order CLI-98-18 Re Seabrook Unit 1 Proceeding,Schedule Described in Board 980904 Memorandum & Order Hereby Revoked Pending Further Action. with Certificate of Svc.Served on 980918 ML20151Y0331998-09-17017 September 1998 Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917 ML20153E8771998-09-16016 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Recommends That NRC Reverse Decision to Revise Emergency Planning Regulation as Listed 1999-09-02
[Table view] Category:PLEADINGS
MONTHYEARML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20236W0931998-07-30030 July 1998 Reply to Staff & Naesco Objections to Joinder of Necnp & to Naesco Objection to Standing.* Advises That Jointer Issue Involves Only Question of How Pleadings May Be Captioned. W/Certificate of Svc ML20236U4221998-07-27027 July 1998 North Atlantic Energy Svc Corp Supplemental Answer Standing Issues.* Request for Hearing & Petition to Intervene,As Applied to Sapl & New England Coalition on Nuclear Pollution,Should Be Denied.W/Certificate of Svc ML20236T5201998-07-27027 July 1998 NRC Staff Response to 980709 Submittal by Seacoast Anti- Pollution League & New England Coalition on Nuclear Pollution (Necnp).* Board Should Deny Intervention by Necnp. Staff Does Not Contest Sapl Standing.W/Certificate of Svc ML20236J1111998-07-0202 July 1998 North Atlantic Energy Svc Corp Answer to Supplemental Petition for Hearing.* Util Will Respond to Any Further Petitions on Schedule Directed by Licensing Board Memorandum & Order of 980618.W/Certificate of Svc ML20249B9151998-06-24024 June 1998 NRC Staff Answer to Seacoast Anti-Pollution League (Sapl) 980605 Request for Hearing & to New England Coalition on Nuclear Pollution 980618 Request for Intervention.* Board Should Not Grant Sapl 980605 Request.W/Certificate of Svc ML20249B7631998-06-18018 June 1998 Supplemental & Amended Petition for Institution of Proceeding & for Intervention Pursuant to 10CFR2.714 on Behalf of Seacoast Anti-Pollution League & New England Coalition on Nuclear Power.* ML20249A9501998-06-12012 June 1998 Supplemental Petition of Great Bay Power Corp for Determination of Reasonable Assurance of Decommissioning Funding ML20199K3861998-01-29029 January 1998 Petition for Determination That Great Bay Power Corp'S Acceleration of Decommissioning Trust Fund Payments Would Provide Reasonable Asurance of Decommissioning Funding Or,In Alternative,Would Merit Permanent Exemption ML20217P7781997-12-18018 December 1997 Petition to Suspend Operating License Until Root Cause Analysis of Leaks in Piping in Train B of RHR Sys Conducted, Per 10CFR2.206 ML20140B9601997-06-0404 June 1997 Suppl to Great Bay Power Corp Petition for Partial Reconsideration of Exemption Order to Submit Requested Cost Data & to Request,In Alternate,Further Exemption ML20135A1051997-02-21021 February 1997 Petition of Great Bay Power Corp for Partial Reconsideration of Exemption Order.* Seeks Reconsideration of Staff'S Preliminary Finding That Great Bay Is Not Electric Utility as Defined by NRC in 10CFR50.2 ML20094N4021992-03-27027 March 1992 App to Appeal of Ofc of Consumer Advocate (Nuclear Decommissioning Finance Committee) Appeal by Petition Per Rsa 541 & Rule 10 ML20076D1281991-07-17017 July 1991 Licensee Motion to Dismiss Appeal.* Appeal Should Be Dismissed Based on Listed Reasons.W/Certificate of Svc ML20073E1301991-04-22022 April 1991 Opposition of Ma Atty General & New England Coalition on Nuclear Pollution to Licensee Motion for Summary Disposition.* Board Should Reopen Record,Permit Discovery & Hold Hearing on Beach Sheltering Issues ML20070V3311991-03-29029 March 1991 Licensee Motion for Summary Disposition of Record Clarification Directive in ALAB-939.* Licensee Request That Motion Be Moved on Grounds That Issues Herein Identified Became Moot & Thus Resolved.W/Certificate of Svc ML20070V4061991-03-25025 March 1991 Massachusetts Atty General Response to Appeal Board 910311 Order.* License Should Be Vacated Until There Is Evidence of Adequate Protective Measure for Special Needs Population. W/Certificate of Svc ML20076N0831991-03-21021 March 1991 Massachusetts Atty General Response to Appeal Board 910308 Order.* Opposes Licensing Board Issuance of Full Power OL Based on Reliance of Adequacy of Plan.W/Certificate of Svc ML20076N1861991-03-19019 March 1991 Intervenors Reply to NRC Staff & Licensee Responses to 910222 Appeal Board Order.* NRC & Licensee Should File Appropriate Motions & Supply Requisite Evidentiary Basis That Will Allow Board to Make Decision.W/Certificate of Svc ML20070M5151991-03-18018 March 1991 Licensee Response to Appeal Board 910308 Order.* Listed Issues Currently Being Appealed Should Be Dismissed as Moot. W/Certificate of Svc ML20076N0671991-03-15015 March 1991 Licensee Response to Appeal Board 910311 Order.* Controversy Re Special Needs Survey Resolved.Next Survey Will Be Designed by Person Selected by State of Ma & Licensee Will Pay Costs.W/Certificate of Svc ML20070M3781991-03-11011 March 1991 Licensee Response to 910222 Appeal Board Order.* Response Opposing Suspending or Otherwise Affecting OL for Plant Re Offsite Emergency Plan That Has Been Twice Exercised W/No Weakness Identified.W/Certificate of Svc & Svc List ML20070M2101991-03-11011 March 1991 Reply to Appeal Board 910222 Order.* Response Opposes ALAB-918 Issues Re Onsite Exercise Contention.W/Certificate of Svc ML20029B6061991-02-28028 February 1991 Response of Ma Atty General to Appeal Board 910222 Order.* Questionable Whether Eight Issues Resolved.To Dismiss Issues Would Be Wrong on Procedural Grounds & Moot on Substantive Grounds.W/Certificate of Svc ML20070E7741991-02-25025 February 1991 Opposition to Licensee Motion to Dismiss Appeal of LPB-89-38.* Believes Board Should Not Dismiss Intervenors Appeal Because There Was No Hearing on Rejected Contentions. Board Should Deny Licensee Motion.W/Certificate of Svc ML20066H0831991-02-12012 February 1991 Licensee Motion to Dismiss Appeal of LBP-89-38.* Appeal Should Be Dismissed Either as Moot or on Grounds That as Matter of Law,Board Correct in Denying Hearing W/Respect to Contentions at Issue.W/Certificate of Svc ML20066H0021991-02-0808 February 1991 Licensee Response to Appeal Board Order of 910204.* W/Certificate of Svc ML20067C5081991-02-0101 February 1991 Ma Atty General Response to Appeal Board Dtd 910122.* Identifies Two Issues That Potentially May Be Resolved. State Will Continue to Investigate Facts Re post-hearing Events That May Effect Pending Issues.W/Certificate of Svc ML20029A0451991-01-28028 January 1991 Licensee Suggestion for Certified Question.* Draft Certified Question for Appeal Board Encl.* W/Certificate of Svc ML20029A0431991-01-28028 January 1991 Licensee Response to 910124 Memorandum & Order.* Common Ref Document Derived from Copying Respective Portions of Emergency Response Plan & Associated Documents Provided.W/ Certificate of Svc ML20070U4811991-01-24024 January 1991 Motion Requesting Limited Oral Argument Before Commission of City of Holyoke Gas & Electric Dept New Hampshire Electric Cooperative Mact Towns ML20029A0091991-01-24024 January 1991 Response to Appeal Board 910111 Order.* Atty General Will Continue Ad Intervenor in Facility Licensing Proceeding. Changes to Emergency Planning for Facility Forthcoming. W/Certificate of Svc ML20029A0121991-01-24024 January 1991 Motion for Substitution of Party.* Atty General s Harshbarger Moves That Secretary of NRC Enter Order Substituting Him in Place Jm Shannon as Intervenor to Proceeding.W/Certificate of Svc 1999-08-03
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,
gP F
- 2 UNITED STATES OF AMERICA '
DOCKETED NUCLEAR REGULATORY COMMISSION USNRC before the 16 j{ _7 ATOMIC SAFETY AND LICENSING BOARD XET 4 ;fhjf-BRANCS
)
In the matter of )
) Docket Nos. 50-443-OL-1 PUBLIC SERVICE COMPANY OF ) 50-444-OL-1 NEW HAMPSHIRE, et al. ) On-site Emergency Planning
- ) and Safety Issues (Seabrook Station, Units 1 and 2) ) Dated
- July 2, 1986
)
ANSWER OF ATTORNEY GENERAL FRANCIS X. BELLOTTI TO APPLICANTS' MOTION FOR ISSUANCE OF OPERATING LICENSE FOR OPERATION NOT IN EXCESS OF 5% RATED POWER Attorney General Francis X. Bellotti hereby objects to the Applicants' Motion for Issuance of Operating License for Operation Not in Excess of 5% Rated Power, and as basis therefor asserts the following:
(1) No hearing has yet been held on off-site emergency preparedness issues. Issuance of an operating license, authorizing operation at up to 5% of rated power prior to such
- hearing violates the statutory hearing provision of Section 189A of the Atomic Energy Act. See Petition of Attorney General Francis X. Bellotti to Revoke Regulation 50.47(d) or in the Alternative to Suspend its Application in the Seabrook
- Licensing Proceeding, dated July 2, 1986 [ hereinafter Petition of Attorney General Bellottij at 11 (1)-(5).
e607090200 860702 PDR ADDCh 05000443 O PDR ()
3
._ 1
(2) The issuance of a low-power operating license prior to a full hearing on all issues material to licensure violates the Atomic Energy Act's statutory scheme which used to authorize such licenses prior to a full hearing, but no longer does. See 42 U.S.C. S 2242 (1982) (expired December 31, 1983). See Petition of Attorney General Bellotti at 15 (3) Attorney General Bellotti maintains that a number.of contentions filed in this proceeding (raising issues material to licensure) were wrongly rejected or wrongly decided by summary disposition (e.a., Seacoast Anti-Pollution League
[SAPL] Supplemental Contention 3; New England Coalition Against Nuclear Power Contentions III.12 and 13); that there remain as to these contentions genuine issues of material fact on which no evidentiary hearing has been held;1! and therefore that any issuance of an operating license prior to a full evidentiary hearing on such issues would violate the statutory right to a hearing provided by Section 189A of the Atomic Energy Act. 42 U.S.C. S 2239(a) (1982).
(4) Application of Regulation 50.47(d) should be waived in the instant proceeding. Given the likelihood that the Seabrook power plant may never receive a license to operate at full power due to the status of emergency planning in Massachusetts and the significant fundamental deficiencies of the New 1/ The parties do not have a right to appeal the dismissal of these contentions until a Partial Initial Decision is issued.
See 10 C.F.R. S 2.762 and S 2.730(f).
Hampshire emergency plans (such.as the lack of any sheltering facilities for the large summer beach population), it would be highly imprudent to issue the Seabrook plant a license to operate at low power, with its attendant significant and irreversible adverse consequences, at least until there is some reasonable basis for assuming that the S 50.47 emergency planning standards will ever be met for this plant. See Petition of Attorney General Bellotti at 11 6-17 and accompanying affidavits.
(5) No license to operate at low power should be issued in this case, where full power authorization is not likely to be granted for at least a year or longer, until an analysis is performed of the consequences of long-term operation at 5%
power. See Petition of Attorney General Bellotti at 11 18-21 and accompanying affidavits.
(6) No license to operate should be issued until there is conducted a full investigation and as'sessment of the accident at Chernobyl, its causes and the implications of such accident for off-site planning. See Petition of Attorney General Bellotti at 1 22; and 1 8 infra.
(7) The Applicants have not complied with the provision of 10 C.F.R. S 50.33(g) requiring the submission of " radiological response plans of state and local governmental entities in the United States that are wholly or partially within the plume exposure pathway Emergency Planning Zone (EPZ), as well as the plans of state governments wholly or partially within the ingestion pathway EPZ." There are six local governments in Massachusetts within the plume exposure EPZ for Seabrook Station and a large portion of the state of Massachusetts lies within the ingestion pathway EPZ, yet no emergency response plans of these Massachusetts state or local governments have been submitted. Regulation 50.47(d) provides only that no "NRC or FEMA review, findings or determination" concerning the adequacy of state and local off-site emergency plans are required prior to issuance of a license authorizing fuel loading and/or low power operation; it does not obviate the requirement that plans of the state and local governments be submitted prior to issuance of a low power license. Indeed, since the 5 50.33(g) requirement of plan submission is a requirement for the license application, no license authorizing any level of operation may be issued until such requirement is met. Thus, even when Congress did authorize the issuance ~of temporary low power operating licenses prior to the completion of a full hearing, the petition for such license could only be filed after the filing of "a state, local of emergency preparedness plan for the facility." See 42 U.S.C. 5 2242 (1982); 10 C.F.R. S 50.57(d)(iv) (expired December 31, 1983).
Until the emergency response plans of all the state and local governments within the Seabrook EPZ are at least submitted, there can be absolutely no basis for presuming that the applicable regulatory emergency planning standards of 10 C.F.R.
L
SS 50.47(a) and (b) can ever be met, and therefore that a license to operate at full power could ever issue. It would thus be, not only highly imprudent (because of the irreversible adverse consequences of low-power operation), but a clear violation of Regulation 50.33(g) to allow issuance of a license for low-power operation before the submission of all the Massachusetts state and local governments' emergency response plans.
(8) There are significant new circumstances and
' information relevant to environmental concerns and bearing on the operation of the Seabrook plant at full and low power and
. the effects of such operation. Therefore, pursuant to 10 C.F.R. S 51.72, it is necessary to file a supplement to the Final Environmental Statement for Seabrook Station [FES] filed in December, 1982. The significant new circumstances and i
information requiring supplementation of the FES are: (a) the recent accident at Chernoby1; and (b) the strong likelihood that the Seabrook power plant will either never become licensed to operate at full power (due to the current non-participation in emergency planning of the Massachusetts local and state governments) or if it does become licensed the fact that such licensure will be conditioned either on the plant's not operating during summer months or on the building of massive shelters along the beaches in the EPZ. See Affidavit of Secretary of Public Safety Charles J. Barry [ attached hereto).
5-
O The recent accident at Chernobyl provides significant new information (by way of verifiable f actual data, rather than the disputed hypotheses previously set forth) on the impact of serious radiological accidents and the probabilities of such accidents occuring. Information such as the types of elements released in the accident, the fact that an area 18 miles in radius has been evacuated from around the Chernobyl plant, the long distance over which the radiation was dispersed, the fact that the accident occurred while the plant was operating at only 6% or 7% of rated power, and the collapse of the plant's containment structure must be considered and weighed in a supplement to the Seabrook FES before any operation of the plant can be allowed. Such supplementation is especially appropriate in this case where, as asserted in SAPL's supplemental contention 3 (dismissed by summary disposition on May 11,198 3) 2/ inadequate consideration was given to the consequences of serious accidents and inaccurate " uncertainty bounds" and incorrect assumptions were employed in the accident analysis contained the FES.
A supplement to the FES must also be filed based on the fact that the Governor of Massac'husetts has stated that even if he should decide to submit emergency response plans for 2/ Attorney General Bellotti intends to join SAPL in its appeal of the Licensing Board's summary disposition of this contention.
6-
i a \
I
. 1 Massachusetts (a decision which he has not yet made) he will submit such plans only on condition that the Applicants agree to shut down the plant in summer months or build adequate shelters along the beaches (in Massachusetts and New Hampshire) l to protect the large summer beach population. See Affidavit of Secretary Barry. Thus a supplement to the FES must be filed which will: (a) reassess the benefits of the plant's operation and need for such power in light of the fact that it will be shut down in summer months, the period of peak energy demand; and (b) weigh the benefits of plant operation against the impact to the environment of building adequate shelters in a coastal wetland area. The supplement must also consider the third alternative, that the Governor will submit no emergency response plans for Massachusetts, thereby creating a very strong likelihood that this plant will never be licensed to operate at full-power. All three of these alternatives must be considered in a supplement to the FES before this plant can be allowed to operate at low-power. The likelihood that the plant will never operate at full-power necessitates that any benefits of 5% power operation be weighed against the irreversible adverse consequences of operation at low-power -- e.g., plant irradiation; fuel irradiation; worker exposure; and the release of radiation to the environment -- as well as the costs of decommissioning and waste disposal, and the effect that irradiation of the plant will have on conversion of the plant A
O to other power sources. See e.g., Affidavit of Albert Carnesale. See also Affidavit of Dale G. Bridenbaugh and Gregory C. Minor [ attached), filed in the Shoreham licensing proceeding but relevant hereto.
(9) Attorney General Bellotti further objects to the issuance of a low-power license at this stage, because all of the pertinent emergency planning standards of S 50.47(b) and Appendix E' have not yet been met. In particular, the notification provision of S 50.47(b)(5) has not been met because the design number of notification sirens are not in place in the Towns of Merrimac, Rye and South Hampton; and there are neither procedures nor adequate communications equipment in place for notification by the licensee of the Massachusetts local response organizations.
(10) Attorney General Bellotti further objects to the draft low-power license proposed by the NRC addressed to the Applicants by letter dated June 20, 1986. Specifically the Attorney General objects to 1 C(6) of the draft license, entitled " Emergency Preparedness", which provides:
In the event that the NRC finds that the lack of progress in completion of the procedures in the Federal Emergency Agency's Final rule, 44 C.F.R.
Part 350, is an indication that a major substantive problem exists in achieving or maintaining an adequate state of emergency preparedness, the provisions of 10 C.F.R.
Section 50.54(s)(2) will apply.
The provisions of Regulation 50.54(s)(2) apply only to operating reactors licensed prior to April 1, 1983, the
_8_
effective date of the Commission's emergency planning regulations. See Metropolitan Edison Company (Three Mile Island Nuclear Station, Unit No. 1) LBP-81-59, 14 NRC 1211, 1458-59 (1981). Before the Seabrook plant may receive its full power license to operate, it must satisfy the emergency planning standards set forth in 10 C.F.R. S 50.47. See e.g.,
Long Island Lighting Co., (Shoreham Nuclear Power Station, Unit
- 1) ALAB-818, 22 NRC 651 (1985). The NRC should not countenance the Applicants' attempts to cause itself to be regulated according to inapplicable regulations carrying a lesser guarantee of public safety.
Respectfully submitted, FRANCIS X. BELLOTTI ATTORNEY GENERAL By:
Carol S. Sneider Assistant Attorney General Environmental Protection Division Department of the Attorney General One Ashburton Place, Room 1902 Boston, MA 02108 (617) 727-2265 Dated: July 2,1986 9-
\
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION UfNC In the Matter of )
PUBLIC SERVICE COMPANY OF NEW ) Docket N (s k 5bl 82/074-OL 4
HAMPSHIRE, ET AL. )
(Seabrook Station, Units 1 and 2) ) j((fC 0; c -,,
) ilta, z 3(gG;t}.
} ORANC4 CERTIFICATE OF SERVICE I, Ca rol S. Sneider, hereby certify that on July 2, 1986 I made service of the within documents by mailing copies thereof, postage prepaid, by first class mail, or as indicated by an asterisk by express mail, to:
Helen Hoyt, Cha i rpe rson Dr. Emmeth A. Lu ebke Atomic Sa fety & Licensing Board Atomic Sa fety & 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 Ha rbour Sherwin E. Tu r k , Esq.
Atomic Sa fety & Licensing Boa rd Office of the Executive Legal U.S. Nuclea r Regulatory Director Commission U;S. Nuclea r Regu latory Commission Ea st West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road Bethesda, MD 20814 Bethesda, MD 20814 H. Joseph- Flynn , Esq. Stephen E. Merrill, Esq.
Assistant General Counsel Attorney Genera l Of fice of General Counsel George Dana Bisbee, Esq.
Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W. 25 Capitol Street Washington, DC 20472 Concord, NH 03301
Docketing and Service Pau l A. Fritzsche, Esq.
U.S. Nuclear Regulatory Commission Of fice of the Public Advocate State House Station 112 Wa shington, DC. 20555 Au gu s ta , ME 04333 Roberta C. Pevear Ms. Diana P. Ra nda ll State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Sa fety & Licensing Robert A. Backu s, Esq.
Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclea r Regula tory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Sa fety & Licensing Jane Doughty Boa rd Panel Seacoast Anti-Pollution League U.S. Nuclea r Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq. J. P. Na deau Ma tthew T. Brock, Esq. Board of Selectmen Shaines & McEachern 10 Cent ra l Road 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Ms . Sa nd ra Ga vu t is , Cha i rpe rson Mr . Ca lvin A. Ca nney Boa rd 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. Hu mph rey Mr. Angelo Machiros, Cha i rma n U.S. Senate Board of Selectmen Washington, DC 20510 25 High Road (Attn: Tom Bu ra ck ) Newbu ry, MA 10950 Senator Gordon J. Hu mphrey Mr. Peter J. Ma t thews 1 Pillsbu ry. Street Ma yor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newbu rypo r t , MA 01950 Mr . Dona ld E. Chick William Lord Town Ma na ge r Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbu ry, MA 01913
Brentwood Boa rd of Selectmen Ga ry W. Holmes, Esq.
RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahrens, Esq. Diane Cu rran, Esq.
Assistant Attorney General Ha rmon & Weiss Department of the Attorney Suite 430 Genera l 2001 S Street, N.W.
State House Station #6 Washington, DC 20009 Augu sta , ME 04333 Thoma s G. Dignan, Esq. Richa rd A. Hampe, Esq.
R.K. Gad III, Esq. Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Edwa rd A. Thoma s 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 cf Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Ca rrigg, Cha irman Mrs. Anne E. Goodman, Chairperson Board of Selectmen Boa rd of Selectmen Town Office 13-15 Newma rket Road Atlantic Avenue Du rham, NH 03824 North Hampton, NH 03862 Allen Lampert Administrative Judge Civil Defense Director Sheldon J. Wol fe , Cha i rma n Town of Brentwood Atomic Sa fety and Licensing 20 Franklin Street Boa rd Pa nel Exeter, NH 03833 U.S. Nuclear Regulatory Commission l Washington, DC 20555 Jera rd A." Croteau , . Consta ble 82 Beach Road, P.O. Box 5501 Salisbu ry, MA 01950 W s. h chs )
Ca r o l S . Sneider Assistant Attorney General Environmental Protection Division Ju ly 2, 1986 f
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