ML20202J611
| ML20202J611 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/10/1986 |
| From: | Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#286-782 OL, NUDOCS 8604160128 | |
| Download: ML20202J611 (8) | |
Text
4 FILED:
April 10, 1986 UNITED STATES OF AMERICA
[C NUCLEAR REGULATORY CQ\\1 MISSION BEFORE THE ATOMIC SAFETY AND LICENSIM IMD%ftg Pa :24 0FPE "1 In the matter of:
00CKEliNG BU.
PUBLIC SERVICE COMPANY OF DOCKET NOS.
50-444 OL NEW HAMPSHIRE, ET AL 50-443 OL (Seabrook Station, Unit 1)
SEACOAST ANTI-POLLUTION LEAGUE'S MOTION TO AMEND RECORD OF PREHEARING CONFERENCE OF MARCH 25, 1986 NOW COMES the Seacoast Anti-Pollution League (SAPL) and moves the Board to amend and correct the record of the Prehearing Conference in the above-captioned matter.
On Tuesday, March 25,
- 1986, during the course of the Prehearing Conf erence, an interchange occurred between Judge Hoyt and At torney Robert A.
Backus.
(See transcript, p.
2098, line 15 to p.
2099, line 9.)
This interchange began with Judge Hoyt requesting from Attorney Backus an additional legal citat ion for a SAPL content ion to the RERP's for Seabrook Station.
A substantial portion of this interchange was either deleted f rom the record or altered by order of Judge Hoyt to the official reporter.
There is attached hereto and made a part hereof, a transcript of a tape-recording of the interchange in ques t ion, taken f rom the tape-recording made by a reporter from one of the radio stations present in the hearing room on the date, WOKQ.
Although this transcript does not proport to be definitive, since it is merely a transcription of a tape-recording taken from the back of the room, it clearly demonstrates t h a t '.t h e-o f f i c i a l reporter's record of.the
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proceedings, at pages 2098 and 2099 is incomplete.
In part icular, it does i
not reflect the chairman's direction that the reporter "will-strike that from the record" [ referring to a prior statement by Attorney Backus] or the attempt made by Attorney Backus to preserve his rights on the record, i
Attorney Backus is informed, and believes, that the reporter has available for transcription the original stenographic notes of all proceedings in the hearing room that day, and can, if and when requested
)
by the Board, prepare a full and complete trascript of the proceedings of j
that date, with particular reference to the materials omitted at page 2098-2099.
The record should be corrected, so that there will be no doubt about j
the repor ter's cer t i f icat ion that the proceedings of the NRC on this date j
were held "as herein appears..."
l Furthermore, since the record does not truly disclose what occurred, the record should be made to conform to the truth.
Federal Rules of.
j Appellate Procedure, Rule 10(e)., provides an appropriate basis for this action.
It states:
"If any difference arises as-to whether the record truly discloses i
what occurred in the District Court, the dif f erence shall be submitted j
to and settled by tnat Court and the record made to conform to the truth.
If anything material from either party is omitted from the record by error or accident or is misstated therein, the parties by stipulation, with the District Court either before or af ter the record is transmitted to the Court of Appeals, with the Court of Appeals, on proper suggestion ~or of its own' initiative, may direct that_the j
omission or misstatement be corrected...."
I Although this Licensing Board is not a District Court, it of course has the duty of preparing an. accurate record of the proceedings in order j
that the rights of the parties to argue claimed errors of law to the Appeal Board. the Commission, and ultimately the Courts, can be preserved.
1 i :
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o s
WHEREFORE, SAPL moves that the Board direct the reporter to transcribe the original notes of the full hearing of March 25, 1986, and that the record be corrected to reflect a full transcription of all statements made in the Prehearing Conference on March 25, 1986.
Respectfully submitted, SEACOAST ANT 1-POLLUTION LEAGUE By its attorney, BACKUS, MEYER & SOLOMON
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Ito be r t' A.~
Backus P. O.
Box 516 116 Lowell Street Manchester, N.H.
03105 Tel: (603) 668-7272 DATE:
April 10, 1986 1 hereby cert i fy that -a copy of the wi thin Seacoas t Anti-Pollut ion League's Motion to Amend Record of Preharing Conference of March 25, 1986 has been sent this date, first class, postage prepaid, to all counsel on the service
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Backus f
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TRANSCRIPT OF WOKQ TAPE i
ROBERT ' A BACKUS 2
to provide l
SAPL 13 states the plans are insuf ficient protective that adequate be taken in the event of a (Backus) reasonable can and will required by 10CFR assurance measures
.as radiological 'Specifically the plans neither discuss emergency among variations 50.47(a)(1).
behavioral would impair or l
account-for that I
designated emergency personnelimplement the. plans.
I nor ability 'to in regard to l
the same points madepublic's behavior would extinguish the basically,
- think, behavioral 12 dealing with the generalregard to the with I would say be applicable emergency workers.
t a large of characteristicsat Seabrook the-evidence would be th ted on will~
number of the emergency workers to be counthe bus drivers.and that in the sense that the police in many
]
be volunteers many of them will be volunteers,particularlyk a par ticular are on a of the towns and firemen i
volunteer basis and so there is, I th ncontention as well, 1
here for this h re.
although I recogize it has been litigated elsew e basis perhaps litigated elsewhere?
Can you tell me i
cases you are referring to Mr. Backus?
has'been (J.Hoyt)
Q.
It what Shoreham I thought there was litigation in this in the
)
(Backus)
A.
j case.
I'm not sure.
i is still ongoing.
The Shoreham case l
Q.
the, 'I don't-I mean in the licensing board decision, l
have the case number for ~it, but the.
April85 i
to.
A.
licensing board decision is what :I was ref err ng that...
e l could certainly provide.a citation for j
kers j
~
Mr. Backus, then are you including emergency woryou pla f
in the impact of the meaning thatEmergency workers? the 1
Q.
I thought
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-Behavioral aspects?
you, dealt with i
in the first contention i
pubtic.
That's right.
A.
But you want to apply it to a special category' as l
Q.
emergency workers?
the In the sense of whether or notperform~
l j
workers to A.
That is correct.
emergency can be. reasonably eriterla requiring whether that i
certain functions, l
assured.
any legal basis for that at all, Mr.
l Do ;you have Where do you find that's required?
I Q.
Backus?-
?
1
h A.
I think its required as a necessary subfinding to make the ultimate finding required at 50.47(a)(1).
Q.
Mr. Backus, that wasn't my question.
Mr. Backus, I said where do you find a legal requirement for i t?
A.
That's where I find it, 50.47(a)(1).
Q.
That's the only one you have now?
You have no other basis, legal basis for it?
3 A.
If I have any, I will further Q.
No s i r, you do i t now or its waived.
You wero warned about that earlier.
A.
Well... Madam chairman, if I just might...
Q.
No sir,.s> ahead.
Mr. Backus, you are not going to make any statements on the record.
Let 's get on wi th the A.
Well Madam Chairman, I would like to make one statement on the record with regard to that ruling.
Q.
Mr. Backus, please, we will continue, not on that
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basis, Mr. Backus.(@:'
A.
Madam reporter, will you please record that the chairman is ref using to permit me to make a s tatement about a
ruling she made without giving me an opportunity to speak and I will go on.
l Q.
No sir, Mr.
Backus, you will not and that reporter j
- will s trike that f rom the record and you will continue
{
or, Mr. Backus, we will consider you argumentative.
1 Now, do you wish to continue or do you wish to cease at this point.
A.
I wish to continue and I wish to...
~
(Hoyt)
Very well then....
(Backus) preserve my rights on the record.
(Hoyt)
No sir, Mr. Backus, you will continue the arguments only.
3 i
l Apparently deleted.
Possibly altered in the official transcript.
m
. -m.m.
m yu_
q Exceret from Transcriot of Tuesday, March 25, 1986.
- O i
2099 i
i i
1 1
ycur first contentien dealt with the general public.
You 2
want to apply it to a special category as emergency workers?
3 MR. EACKUS:
That's correct.
In the sense of 4
whether er not the criteria re, quiring emergency workers to I
5 j perform certain functions, whether that could be reasonably I
6 assured.
7 JUDGE H0YT:
Do you have any legal. basis for that f
a i
at all, Mr. Eackus?
Where do you find that is required?
i 9
i MR. EACKUS:
I think it's necessary to make an i
10 ultimate find --
l 11 f
JUDGE H0YT:
Mr. Eackus, that wasn't my question..
l l
Where do you find a legal requirement for it?
?
12 j
t 12 MR. BAC:US:
Tha s where I find it, 50.47 i
14 A-16789.
~
15 JUDGE H0YT:
You have no other lecal basis for 1
i 16 1
it?
I l
1 MR. EACKUS:
If I have any further I want to cite i
17 l
e i
I will give them to you promptly.
E 18 l
l l
19 l
JUDGE H0YT:
That's right.
You referred to that
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20 earlier.
21 MR. BACKUS:
Madam Chairman, if I just might, I 22 want to make a point on the record.
23 JUDGE Ec?T:
Mr. Eackus, you are not going to make I
i.
24
) any statements on the record.
Let's get on.
I 25 MR. BACKUS:
Madam Chairman, I would lik6*to beg ACE-FEDERAL REPORTERS, INC.
202-347 9700 Nadonwide Coverage -
800 33 & 6646 I
m Mi*siw Nanonwide Coverage
_ _ _ _ 800 33 & 6646
0*
2099 i
e 1
l your indulgence to make one statement on :ne record in regard i
2 ta that ruling.
I JUDGE H0YT:
No, sir, you will not.
You will 3
4 i continue on, Mr. Eackus.
We will consider your argun'ent.
Do you wish to continue or do you wish to cease at this point?
=
6 MR. EACKUS:
I wish to continue and I wish to 7
preserve ny rights on the record.
5 JUDGE H0YT:
Mr. Eackus, you are to continue on i
9 the arguments only.
)
10 MR. EACKUS:
SAPL 14 provided as follows:
fi 1
a t
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" Procedures to provide early notification and clear s [.
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12 instruction to the populace within the plume exposure pathway i
s.
d 13 EPC required by 10 CFR and plans do not provid'e for bilingual J(
14 messages for the large numbers of French-speaking individuals 15 who are often in the area in large numbers."
i a
l'
'lo w, the Applicant's objection to this went to 5
17 taking scme efficial notice that French-speaking people la usually speak English and so forth, all of which we submit is 13 l
as a matter of proof.
However, we are aware at this point 4
r,.
II 20
-t that we do have rome draft messages from New Hampshire civil e 1 1
21 defense that are printed bilingually, French and English, and 22 l
we will, I think, want to reassess the status of this p ;
b :
f' 23 contention after we have a cnance to review those to see to 24
! what extent they provide infor.mation to those who nay not be l
25 fluent in English.
I l
e ACE-FEDERAL REPORTERS, INC.
I 202 347 3700 Nationwide Covense 300 33&',',1",
l' CERTIFICATE OF SERVICE AND SERVICE LIST l
Jose Helen Hoyt. Chm.
Thomas Dignan, Esq.
-1 Fed. ph Flynn Emerg. Mgmt. Agcy.
Admn. Judge Ropes & Gray Region.I Atomic Safety & Lic Brd.
225 Franklin St.
J.W. McCormack POCH USNRC Boston, MA 02110 i
Boston, MA 02109 Washington, DC 20555' Office of Selectmen Dr. Jerry Harbour Docketing & Serv. Sec.
Town of Hampton Falls Admin. Judge Office of the Secretary l
Hampton Falls, NH 03844 Atomic Safety & Lic Brd.
USNRC-USNRC Washington, DC 20555 Washington, DC 20555 9*
Dr. Emmeth A. Luebke Jane Doughty
[
Off ce of Exec. Legl. Dr.
Admin Judge SAPL Atomic Safety & Lic. Brd.
5 Market Street Wahsington, DC 205 c_ c.
USNRC Portsmouth, NH 03801 Washington, DC 20555 Phillip Ahrens, Esq.
Paul McEachern, Esq.
George Dana Bisbee, Esq.
Asst. Atty. General Matthew Bruck, Esq.
Attorney General's OFF.
State House, Sta. #6 25 Maplewood Ave.
State of New Hampshire l
Augusta, ME 04333 P.O. Box 360
. Concord, NH 03301 Portsmouth, MI 03801 Cazul Sne'ider, Esq., Asst. AG Diane Curran, Esq.
William S. Iord One Ashburton Place, Harmon,. Weiss Board of Selectmen 19th Floor 20001 S Street NW Suite 430 Town Hall-Friend St.
Boston, MA 02108 Washingcon, DC 20009 Amesbury, MA 01913 Richard A. Hanpe, Esq.
Maynard Young, Gainmn Sandra Gauvutis New Hampshire Civil Defense Board of Selectmen Town of Kingston Agency 10 Central Road Box 1154 Ilmrpe & McNicholas Rye, MI 03870 East Kensington, NH 03827 35 Pleasant St Concord, NI 08301 Edward Thomas Mr. Robert Harrison IBIA Pres. & Gief Exec. Officer 442 J.W. McComack (POGI)
PSCO Boston, MA 02109
-P.O. Box 330 Manchester, MI 03105
~
Roberta Pevear State Rep.-1bwn of Hanpt. Falls Drinkwater Road Hanpton Falls, MI 03844 Ap ril 10,.1986
'd The above have been sent first-class, postage prepaid a copy of the enclosed.
l Atobert A. Backus A