ML20203L158

Response Supporting Aslab 860811 Memorandum & Order Re Certification of ASLB Rulings on Offsite Issues for Review Prior to Conclusion of Proceedings.Conditions Which Should Prevail Cited.W/Certificate of Svc & Svc List

ML20203L158
Person / Time
Site:	Seabrook
Issue date:	08/20/1986
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20203L154	List: ML20203L151 ML20203L158
References
OL, NUDOCS 8608250116
Download: ML20203L158 (4)

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Filed: August 20, 19 %CgETEp UNITED STATES OF AMERICA D All:40 NUCLEAR REGULATORY COMMISSION hhC Of S g befoee the BRA!!Ctj 'CIl ATOMIC SAFETY AND LICENSING APPEAL BOARD ,

In the Matter of PUBLIC SERVICE COMPANY OF Docket Nos. 50-443-OL NEW HAMPSHIRE, ET AL 50-444-OL (Seabrook Station, Units 1 and 2)

SAPL RESPONSE TO MEMORANDUM AND ORDER OF THE APPEAL BOARD DATED AUGUST 11, 1986 In i ts Memorandum and Order of August 11, 1986, the Appeal Board sought the views of the parties as to whether challenges to the Licensing Board's rulings on admissibility of contentions in the of f-si te phase of li t igat ion should be carried forward at this t ime, in SAPL's view, the Appeal Board has correctly assumed that parties have an interest in appealing many of the Licensing Board's rulings with respect to the off-site contentions.

SAPL is generally in f avor of the certification of the Licensing Board's rulings on of f-site issues for appellate review prior to the conclusion of the Licensing Board conducted proceedings. SAPL holds that the Licensing Board has erred in excluding issues and that, should these defects in the record remain uncured, it would have the result of irreparable impact and would pervasively and adversely affect the integrity of the proceeding.

8608250116 860320 PDR ADOCK 00000443 G pop

That said SAPL would hold that certain conditions ought prevail with respect to the timing and conduct of the appellate review in order that it not harm intervening parties' rights by infringing upon the time needed to prepare for hearings before the Licensing Boa rds deal i ng wi t h on-s i t e (he reina f t er "Wol f e Boa r d") and o f f-s i t e (hereinafter "Hoyt Board") issues. The conditions that SAPL would hold ought prevail are as follows:

1) That the process not begin until after parties have completed requests for findings and rulings on the Wolfe Board hearings.1 The parties would then be allowed two weeks to identify issues they would want to have reviewed by the Appeal Board. Following that, the Appeal Board would not i fy the par t ies as to which of the issues should be briefed. A 30 day period would then ensue in which the parties would prepare briefs dealing with claimed errors of law and the exclusion or admission of contentions.

2) That the Hoyt Board proceeding be s tayed pending the Appeal Board's issuance of definitive rulings on the issues brought before it.

3) That the contentions previously tendered to and admitted

, by the Hoyt Board s till be held viable notwithstanding the commitment by the New llampshire Civil Defense Agency to file new plans by August 25, 1986, and/or in the event that new contentions must be filed, that rulings on those l

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1. SAPL does not see a " hiatus" appropriate for preparation of

! briefs at this time since parties are now involved in preparing for j the hearings to be conducted on on-site issues to begin September l 29, 1986.

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contentions be made on an expedited basis by the Hoyt Board and then be immediately transferred to the Appeal Board for review.

Respectfully submitted, SEACOAST ANTI-POLLUTION LEAGUE By its attorney, BACKUS, MEYER & SOLOMON l

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r AT Backus R

..O. Box 516

/ 16 Lowell Street LMa n c h e s t e r , N . H . 03105 DATE: August 20, 1986 i

I hereby certify that a copy of the within SAPL Response to Memorandum and Order of the Appeal Board Dated August , 1986 has been sent this date, first class, postage prepaid, to all s on the enclosed service list.

ert'K. Ba'ckus y 1

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_~ . , , . _ _ . , _ __ ~ .. _ .__ _________----_- , , _ . . _ _ _ . . _ . _ , , _ . . - . _ _ _ _ . _ _ . . _ _ _ _ _ _ _ _ _ _ . _ - - _ -

CERTIFICATE OF SERVICE AND SERVICE LIST Jose Asst.Gn.Cnsl. Helen Iloyt. Chm.

• Thomas Dignan, Esq.*

Fed. ph Flynnlgmt Emerg, a . Agcy. Admn. Judge Ropes & Gray 500 C.St. So. West Atomic Safety & Lic Brd. 225 Franklin St.

Washington, DC 20472 USNRC Boston, 11A 02110 Washington, DC 20555  :

9 Office of Selectmen Dr. Jerry Harbour'* Docketing & Serv. Sec.

• Town of IIampton Falls Admin. Judge Office of the Secretary Hampton Falls, NII 03844 Atomic Safety & Lic Brd. USNRC USNRC Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk,.Esq. Dr. Emmeth A. Luebke

• Jane Doughty Office of Exec. Legl. Dr. Admin Judge SAPL USNRC Atomic Safety & Lic. Brd. 5 h!arket Street Wahsington, DC 20555 USNRC Portsmouth, NH 03801 Washington, DC 20555 Phi 11ip Ahrens, Esq. Paul hicEachern, Esq. George Dana Bisbee, Esq.

Asst. Atty. General h!atthew Brock, Esq. Attorney General's OFF.

State House, Sta. #6 25 h!aplewood Ave. State of New liartpshire Augusta, h!E 04333 P.O. Box 360 Concord, NH 03301 Portsnuuth, NH 03801 Carol Sneider, Esq. , Asst. AG Diane Curran, Esq. William S. Iord One Ashburton Place, llarmon, Weiss Board of Selectmen 191:h Floor 20001 S Street Mi Suite 430 Town llall-Friend St.

Boston, h!A 02108 Washington, DC 20009 Anesbury, h!A 01913 Richard A. Hampe, Esq. h!aynard Young, Chairrma Sandra Gauvutis 1%w IIampshire Civil Defense Board of Selectnen Town of Kingston Agency 10 Central Road Box 1154 Ilampo & 1:cNicholas Rye, NIf 03870 East Kensington, NH 03827 35 Pleasant St.

Concord, Nil 03301 t

A]an Rosenthal, Gainmn Edward 'Ihonus Air. Robert Harrison FDIA Pres, & Chief Exec. Officer Atomic Safety & Lic. Appeal Board 442 J.W. hicConmck @O PSCO US. NRC Boston, h!A 02100 P.O. Box 330 Washington, DC 20555 hianchester, NH 03105 Gary Edles Roberta Pevear Atomic Safety & Licensing State Rep.-Town of Hampt Falls Aprec.1 Board Drinkwater Road U.S.NRC Hanpton Falls, Nil 03844 Washingcon, DC 20555 IIcward A. Wilber Atomic Safety & Licensing Appeal Ecard U.S. NRC Washington, DC 20555