ML20204B261

Details Exceptions to ASLB Rulings Re Exam of Alternate Sites & Burden of Proof Required of Intervenors

ML20204B261
Person / Time
Site:	Seabrook
Issue date:	09/18/1978
From:	Backus R O'NEIL, BACKUS & SPIELMAN
To:	Buck J, Mike Farrar, Rosenthal A NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 7810170060
Download: ML20204B261 (4)

Text

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O'N EI LL DACKUS S PIE LM AN ATTOR N EYS AT LAW '

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I TELEPHONE MANCH ESTER N EW HAM PS HIRE 0310S 603 668 7272 i

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q l September 18, 1978 4, 4

. gi$f 3 Alan S. Rosenthal, Chairman ggp2167 h Dr. John H. Buck , -

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Michael C. Farrar T.%h ,y"#

ATOMIC SAFETY AND LICENSING APPEAL BOARD

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Washington, DC 20555 N L RE: In the Matter of Public Service Company of NH, et al (Seabrook Station, Units 1 and 2) Docket Nos. 50-443 50-444 Gentlemen:

In response to ALAB-495, I simply want to note for the record that SAPL and Audubon except to the rulings of the Board as follows:

1. The ruling that "All of the Parties" have proceeded on the basis that there was no need to examine alternate sites in northern New England beyond the 19. SAPL and Audubon believe that it has been a clear issue from the very beginning of this proceeding that the alternate site inquiry conducted by the Commission's Staff, and approved by the Licensing Board, was insufficient to comply with*

NEPA. SAPL and Audubon do not believe they ever approved the selection of the 19 as being in compliance with either the spirit or the letter of NEPA. It may be true that, due to the glaring failure to examine any sites whatsoever south of the New Hampshire border,that this has become the major focus for the issue. However, the fact that that major deficiency exists cannot be used as a shield to protect the Staff from other deficiencies in its alternate site analysis.

2. The ruling that SAPL and Audubon now have a" heavy burden" of suggesting to the Staff that they have a further duty to perform.

SAPL/Audubon respectfully suggest that the weaknesses in the Staff's analysis have been pointed out by one or more of the parties throughout this proceeding and that there is no logic in requiring a " heavy burden" when this Commission has undertaken an evidentiary inquiry into alternate sites.

We can well understand, indeed we share, this Appeal Board's frustration at being asked to perform this absurd task of alternate site review at this point. Everybody to this, proceeding recognizes that it is a joke. Indeed, counsel for the Staff has suggested to counsel.for SAPL/Audubon, sotto voce, that they are really only going through this exercise in an attemt to sharpen up their skills for 70/0/7o64 o LU K E S O'N EILL J R AOBERT A BACKUS STEPH EN J SPIELM AN I

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another Application where the alternate site inquiry might involve something more than shadow boxing.

In short, we wish this Appeal Board to understand that 7 we are not going to be providing details on the characteristics of the sites in northern New Hampshire which have been listed by New England Power Company for two clear reasons. The first is that the Intervenors, notwithstanding that these are remanded proceedings, still do not have the burden of proof to require, much less the capability to permit, the development of this-information. The second is that, given the fact that the Commission's sunk cost ruling has apparently survived in the Court of Appeals, that the proceeding is a sham in any event.

Very truly yours, O'NEILL BACKUS SPIELMAN

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' Robert A. Backus '

Attorneys for Seacoast Anti-Pollution League dnd Audubon Society of New Hampshire RAB/sid '

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// og$2 UNITED STATES OF AMERICA ;7 NUCLEAR REGULATORY COMMISSION - 9g\bg7 d BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BO SN',y;d g ,f 5

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In the Matter of )

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PUBLIC SERVICE COtiPANY OF ) Docket Nos. '50-443 NEW HAMPSHIRE, et al ) 50-444

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Seabrook Station, Units )

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing have been mailed postage prepaid to the following on this the 18th day of September, 1978:

Alan S. Roser. thal, Esquire, Chairman Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, DC 20555 Dr. John H. Buck Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, DC 20555 Michael C. Farrar, Esquire l

Atomic Safety and Licensing g' Appecl Board '

U. S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Board Panel v U. S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, DC 20555

Docketing and Service Station-Office of the Secretary U. S. Nuclear Regulatory Commission Washington, DC 20555 Ellyn R. Weiss, Esquire Sheldon, Harmon & Roisman Suite 500 1025 15th Street, NW Washington, DC 20005 Karin P. Sheldon, Esquire Sheldon, Harmon & Roisman 5th Floor .

1025 15th Street, NW Washington, DC 20005 E. Tupper Kinder, Esquire Assistant Attorney General Office of the Attorney General State House Annex, Room 208 Concord, New Hampshire 03301 Laurie Burt, Esquire Assistant Attorney General .

Commonwealth of Massachusetts Environmental Protection Division One Ashburton Place, 19th Floor Boston, Massachusetts 02108 Thomas G. Dignan, Jr., Esquire Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 Marcia E. Mulkey, Esquire .

Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, DC 20555

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Robert A. Backus

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