ML20204B568

Intervenors Joint Motion to Extend Hearing Schedule.* Addl 4 Months of Discovery Schedule Requested

ML20204B568
Person / Time
Site:	Seabrook
Issue date:	02/25/1987
From:	Brock M, Mceachern P HAMPTON, NH, SHAINES & MCEACHERN
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20204B572	List: ML20204B568 ML20204B659 ML20204B778
References
CON-#187-2857 82-471-02-OL, 82-471-2-OL, OL, NUDOCS 8703250098
Download: ML20204B568 (6)

Text

O r2f57 l l'

roterf t '

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judoen: Ji llolon P. Iloyt, Chairpornon I Gustavo A. Linenborger, Jr.

Jerry liarbour In the Matter of ) Docket Non. 50-443-OL

) 50-444-OL PUBLIC SERVICE COMPANY ) (ASLDP No. 02-471-02-OL) 0F NEW llAMPSil!RE At A1. ) (Offeito Emergency Planning)

) -

(Scabrook Station, Unita 1 and 2) )

g IllIIRY. Ell 0RE JOINI MOIL 0D 10 IXIIED llEARI!N EllIDDLE ,

Now como the Town of flampton, Soncoast Anti-Pollution League, Now ,

England Coalition on Nuclear Pollution, and the Commonwealth of f

Mannachusetta (boroinaf ter Intervonorn) and request thin Board to '

extend by four months the diocevery period, and all further evento on  !

the hearing ochedule, previously established by Memorandum and QIdcI dated January 9, 1907. In support of this Motion, Intervonors states i l

1. Dy order dated January 9, 1987, thin Board amended its '.l l,

December 4,1986 Order and established now dates for a nchedule of  ;

eventa loading to hearinga on of fnito omorgency plans for Doabrook .

Station.

l 2. The January 9 Order provided that thin Board would rule on j contentions, and dincovery would commence on these contentions n/03n50090 070220 l'DH ADUCK 00000443 0 l'Ulf i

mwer e a we r a o. sem . 4....., ..-.. .~ ... / l.

. r l

b admitted, on February 13, 1987. The Board Order provided twenty-one  !

days for subminnion of discovery requents, or until March 6,1987, and an additional thirtoon days for filing answorn to interrogatorien, by March 19.

On February 18, 1987, six days beyond the dato previously not l 3.

for ruling on the adminnibility of contentions, thin Board innued ito contention Order.1 l 4. By its Contention order, IDI the fiInt tima thin Board i

appriced Intervonors that those contentions addronning the substantial 1

deficiencien in the KLD ovacuation timo estimato study, NilRCRP Vol. 6, would be admitted for 11tigation.2 The KLD CTE contentions are among the most comprohonnivo filed by Intervonoros nummarise the f aulty population estimaton, unrealistic vehicle counts, inadequate traffic l management plan, and dangers of exconnivo radiation donage to the publics porvanivo in the NilRERP. All Intervonore intend to cook i l discovery on the KLD ETC, and to procent evidence on thone contentions at the final hearing before thin Doord. l i

i j1 Intervonors Town of flampton and New England Coalition obtained DAPL and the Commonwealth copion of the Doard Order on February 18.

of Hansachunotto were not served with this order until rebruary 23.

i Intervonore thereby lost a minimum of six days for preparation and filing of discovery requente, from an already moverely limited ,

discovery period. On thoto facto alone, Intervonors are entitled to ,

an equivalent extennion of the honring schedule. ,

i  ;

I 000 Revised llampton Contentio! !!!! CAPL Contention 31. l l

2 l . w. r . m a c .. o. . - . .. . . . .~ . .- . . ... . .

i j

5. Intervenors could not reasonably be expected to have made substantial expenditures for expert consultations and assistance in framing discovery requesta on the KLD ETE contentions until this Board admitted those contentions for litigation by ito February 18 ORDER.3

6. As set f orth the af fidavit of Dr. Thoman J. Adler, attached l'

hereto and incorporated by referrence, Intervonorn will require a i

minimum of two months f rom the date of Ingnipt of certain discovery materials f rom Applicant, the State of New lla mpsh i r e, or other i sourcon, before Dr. Adler can issue even preliminary findings of his r technical analysis on the KLD ETE. Intervonorn therefore will not be able to make even a preliminary response to discovery requests on the ETE contentionn until that date, or May 19, 1987.

7. Dr. Adler's af fidavit further providen that an additional two  ;

monthn, or a total of four months from the date of Iscaint of the discovery materials referenced in the affidavit, will be required  !

before he can make a reasonably adequate technical review and annonament of the KLD ETE. Until that date, or until July 19, 1987, therefor, Intervenorn will not be able to provide reasonably complete answers to discovery requests, respond to summary disposition motions, or prepare profiled testimony in anticipation of a final hearing.4 l

3 While estimates at thin time are preliminary, witnens f oon for Intervonors' exports on the KLD ETE contentions alone may run into the i thousando, even tone of thousands of do11arn.

!4materials Intervenors are actively engaged in neeking the requisite ETE f rom TEMA and in preparing appropriate discovery requests

[

for Applicant and othern, in consultation with Dr. Adler.  !

l 3

i i

. a m e e a un a e ne em . ~...... ... .. .......

8. KLD commenced preparation of the evacuation time estimate study on August 21, 1985. Sen Evacuation Plan Update, Progrenn Report No. 1, by KLD Annociaten, Inc. No.11 1985 at p. 5. More than one year later, on September 8, 1986, KLD submitted its updated and amended ETE as part of the NilRERP Rev. 2. It in only reasonable that Intervonorn be given four months to critically review the technical and computer baned materiale comprining the ETE, which originally took KLD more than one year to preparo.

9. Unloan thin Board extends the diocovery period and hearing schedule an requented heroint

a. This Board will commit an abuco of dincretion and Inter-venorn will be denied their rights to duo procoon to participate meaningfully in thin licensing hearing. Ecs Eublis Ser.viss Ch of Indiana 1Marbic 11111 Hucinar Generating Stationt Units 1 and >

n, ALAB-4 59, 7 NRC 17 9,188(197 8): 11unton Lighting & Rower CA IBouth Texan Erodccra. 11nita 1 and n, ALAN-799, 21 NRC 360, 379(1985).

b. Intervonorn will be denied the rights to a meaningful hearing as provided by the Atomic Energy Act, including 42 USC l 52239, or otherwise by law.

c. Intervonorn will be denied their rights to conduct preliminary review of discovery responnon roccived f rom Applicant and the Stato of Now Ilampshire, identif y those individuals and resourcen upon which the stato relien to car ry out the NilRERP, r 4 t r

DH AINE 9 4 noti AC688 MN s sewe.awie, een se s and ...

h __ _ _ _ . _ _ _ . _ _ ___

and submit more specific discovery requests through follow up interrogatorien or depositions, to which Intervenorn are entitled in this cano. Duke EQWcI Ch 1.CA1ANDA HMCitAI StAticas Unita 1 And 21, LBP-82-116, 16 NRC 1937, 1945(1982).

d. This Board's failure to amend an unduly rostrictive hearing schedule will constituto legal error which will require a reopening of the hearing in this cano. HQIth2In IndiADA EMblic DAIrict Ch 1DA111% G AncIAting SAA11Dna. HMCARAI-11, ALAB-24 9, 8 AEC 9 00 (197 4).

c. The public interont will be substantially and adversely af fected, and the public will be denied a meaningful opportunity to participate and romain informed on innuon of paramount public safety. Att Entomas ElcCtric EcWAI Co 1DDM91AA EDint HMC12AI OnntIAting Statiom. UnitA 1 And 11, ALAB-277, 1 NRC 53 9(1975).

Wherefore, the Town of flampton renpoctfully requents thin Board to ORDER that the hearing ochedule be extended an follows:

DatS DAAd11nen July 6,1987 Discovery cloned (lant discovery requent due).

l July 19,1987 Annworn to last interrogatorien duo within 14 dayn after the clone of discovery.

July 26, 1987 Deadline for motions for nummary  ;

disposition on late-filed R e v. 2 I

Contentions admitted or for other 5

ow.m a n a wu a c wa n., . ~...~. .. .~ .~. ...

contentions as ' to which circumstan-ces have changed such that . summary.

disposition is now appropriate.-

. August 16, 1987 Response _ opposing or supporting motions due within 20 days.

August 27, 1987 Opposing parties may file responses to new f acts and arguments presented in statements supporting ' motions for summary disposition.

September 11, 1987 Board Order ruling on motions for summary disposition.

September 21, 1987 Prefiled testimony due 10 days after Board ruling on' motions for summary disposition.

Hearings to _ commence as soon there--

~

DATED:hh#

Respectfully submitted, SHAINES & ACHERN Attorney or the Town of Hamp n-By:

By - '

N Matthew T. Brock-The undersigned further say that they are authorized to submit this joint motion on behalf of all the named petitioners.

Respectively submitted, Allth[namedpetitio by, .

L cA' "ho ized Representative 1

~

Authorized Representative 6

SH AlNES & McEACHERN * ==carsso.a6 associato, ano==rvs