ML20202C320
| ML20202C320 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/03/1986 |
| From: | Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#386-910 OL, NUDOCS 8607110208 | |
| Download: ML20202C320 (7) | |
Text
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Filed:
July 3, 1986 g
D0CNETED USNRC ik L -9 Mid6 0FTICE C.F SE cn t,,3 y UNITED STATES OF AMERICA 00CKLiinc 4 a.. <nf' LR A NC'i NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD i
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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 NEW HAMPSHIRE et al.
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50-444-OL
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(Offsite Emergency Planning) j (Seabrook Station,
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Units 1 and 2)
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APPLICANTS' ANSWER TO MOTIONS TO CONTINUE HEARINGS FILED BY FEMA, BY SAPL AND BY THE TOWN OF HAMPTON Pursuant to 10 C.F.R. 2.730, the Applicants hereby answer the following three motions:
" Motion by the Federal Emergency Management Agency for Continuation of Hearing on Emergency Planning Contentions" (6/30/86),
" Motion to Continue Hearing" (SAPL, 6/27/86) and
" Motion to Continue Licensing Hearings" (Town of Hampton, 6/20/86).
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4 1.
The Applicants do not oppose allowance of the motion filed by FEMA.
The Applicants take this position in deference to the statements contained in the FEMA motion regarding available FEMA resources and the impact of FEMA participation in August, 1986, hearings upon FEMA's ability to review subsequent revisions to the plans.
(See FEMA Motion at 4, item "2.")
In particular, the Applicants do not believe that the mere fact that revisions to the plans have been made and will in the future be made is itself a sufficient basis for deferring hearings.
(See FEMA Motion at 3-4, item "1.")
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2.
Given the position taken by the Applicants in paragraph 1, the Applicants submit that the motions of SAPL and the Town of Hampton are moot.
To whatever extent the Board views those motions not moot even given allowance of the FEMA motion, the Applicants, for i
the reasons set forth above, oppose the SAPL and Town of Hampton motions, each of which is premised upon the proposition that the emergency planning process must be
" finished" before hearings can be held on admitted off-site emergency planning contentions in an operating l i i
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license proceeding.
That proposition is legally incorrect.
l 3.
In addition, the Applicants specifically oppose the SAPL motion insofar as it is premised on the assertion that there should be a single hearing for the 2
simultaneous consideration of the emergency plans for both Massachusetts and New Hampshire.
To delay consideration of whichever set of plans is first ready while the other becomes ready has no purpose and will have no effect other than to insure warrantless delay.
j 4.
Applicants' non-opposition to allowance of the FEMA motion is premised upon the assumption that allowance of that motion will not be effective to stay or defer the responsibility of intervenors in this proceeding to file promptly any new or revised contentions to whatever extent the intervenors believe l
or wish to assert that the plans, or any revisions or modifications thereof, fail to meet the Commission's regulations for the issuance of an operating license.
In addition to the fact that any such stay or deferment would be inconsistent with the Commission's decision in I
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4 the Catawba proceeding,1 it is the obligation of intervenors who believe they perceive deficiencies in the emergency plans to articulate such perceptions in a timely fashion so as to facilitate consideration of the perception and, if warranted, revision of the plans.
B
'ts attorneys, 9-L i
Thomas G.
D g an, Jr.
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K. Gad III Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 Telephone:
423-6100 Dated:
July 3, 1986 1 Duke Power Co. (Catawba Nuclear Station, Units 1 and 2), CLI-83-19, 17 NRC 1041 (1983).
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j CERTIFICATE OF SERVICE I,
Robert K.
Gad III, one of the attorneys for the Applicants herein, hereby certify that on July 3,
- 1986, I made service of the within Applicants' Answer to Motions to Continue Hearings Filed by FEMA, by SAPL and by the Town of Hampton by mailing copies thereof, postage prepaid, 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 Washington, DC 20555 Dr. Emmeth A.
Luebke Diane Curran, Esquire Atomic Safety and Licensing Andrea C.
Ferster, 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 Assistant Attorney General Commission Office of the Attorney General Washington, DC 20555 25 Capitol Street Concord, NH 03301-6397 i
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 l
Appeal Board Panel Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street a
Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105 :
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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 RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Washington, DC 20472
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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 Judith H. Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker 442 John W. McCormack Post Fine, Good & Minner j
Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 j
Boston, MA 02109 k
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Lu Robert K.
Gad /III i
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