ML20205E320
| ML20205E320 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/17/1988 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#488-7349 OL, NUDOCS 8810270362 | |
| Download: ML20205E320 (7) | |
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7NY OctoNMkY,1988
'88 OCT 25 P4 :58 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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before the N
ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY
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Docket Nos. 50-443-OL OF NEW HAMPSHIRE, gt al.
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50-444-OL
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(Seabrook Station, Units 1
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(Offsite Emergency and 2)
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Planning Issues)
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APPLICANTS' RESPONSE TO MOTION OF THE SEACOAST ANTI-POLLUTION LEAGUE FOR PARTIAL RECONSIDERATION OF THE BOARD'S MENORANDUM AND ORDER APPROVING STIPULATION AS TO THE CONTENTIONS AMONG JOINT IN4.'.RVENORS, APPLICANTS AND NRC STAFF FOR THE SEABROOK PLAN FOR MASSACHUSETIS COMNUNITIES Under date of October 11, 1988, Seacoast Anti-Pollution League (SAPL) has filed a motion for reconsideration with respect to the Board's Memorandum and Order of September 30, 1988,1 which approved the stipulation between the parties as to the contentions to be litigated herein with respect to the SPMC.
The thrust of the motion is to have the Board reconsider its ruling with respect to Contention JI-8.
JI-8 was one of two contentions as to which alternative forms of
-MEMORANDUM AND ORDER (Anorovina Sticulation as to Contentions Amona Joint Intervenors, Anolicants and NRC Staff for the Seabrook Plan for Massachusetts connunities) Sept 30, 1988 (hereafter cited and referred to as The Order).
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0 the contention were submitted to the Board; the dispute as to the proper wording was, by agreement, to be resolved by the Board.
In the form admitted by the Board, Contention JI-8 reads as follows:
"No adequate planning has been done for the transit-dependent population in West Newbury and Salisbury because the plans call for the transit dependent to wait undetermined lengths of time outdoors thereby running the risk of increasing radiation dose and exposure to the elements.n2 In the motion at bar, SAPL argues that the wording of the contention should be changed to read as proposed by Joint Intervenors on the basis of a single sentence in the statement of basis which accompanied SAPL's originally proposed contention 6.3 That sentence reads as follows:
"There are no time factors provided in the SPMC for the traversing of the bus routes in the 6 Massachusetts Communities."4 2The Order at 3.
3 Absent from SAPL's motion is any explanation as to why this argument was never made during the period the Massachusetts AG was negotiating the stipulation or from and after the Staff's submission of the proposed contentions.
Even if the Board decides to grant this motion and allow a rephrasing of the contention, the Board should make it clear that parties who do not feel that Mass AG has argued a point correctly as lead intervenor are under an obligation to make its views known before the Board's ruling.
4 Seacoast Anti-Pollution Leacue's Contentions on the Seabrook Plan for Massachusetts Communities lApr. 11, 1988) at 10, cuoted in the SAPL motion at 2.
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After quoting the above, SAPL goes on to say, as its entire argument, the following:
"The etymology of SAPL Contention JI-8 very clearly included SAPL Contention 6, which in turn very clearly included a concern about the bus routes in all six of the Massachusetts Communities."
Etymology is generally viewed as the history of linguistic forms.
In its motion, SAPL has set forth an abbreviated history indeed.
In its reply to the Applicants' and Staff's responses to its contentions, SAPL relied on the sentence it now relies upon as follows:
"On the latter points (points of lack of specificity raised by Staff) SAPL would state that the length of the bus routes are natters related to ETE's and the burden of proof in upon Applicants to show that the routes are a practical solution to provide adequately for the needs of transport dependent individuals."5 In its Memorandum and Order of July 22, 1988, this Board dealt with the SAPL position as follows:
"SAPL's reference in its Reply to a relationship between length of unspecified bus routes and ETEs is not present in its original contention or 1
i 5 Seacoast Anti-Pollution Leacue's Renly to Acolicants' and Staff's Responses to SAPL's SPMC Contentions 1-10 and SAPL's late-Filed Contention 11 (June 10, 1988) at 9 (emphasis added). I
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basisandcagnotbeusedheretoraisea new matter."
In short, the full history of this matter indicates that 4
SAPL never interpreted the sentence they now rely upon as 2
doing anything but making their contention which talked about a
methodology generically instead of bus routes RAI at an ETE i
contention; and this interpretation was rejected by this Board.
It is a little late in the game for SAPL now to espouse another new interpretation of its own language, i
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CONCLUSION The motion should be denied.
k C-Thomas,Ge"Ulgnan, Jr.
l George H. Lewald Kathryn A. Selleck j
Jeffrey P. Trout Jay Bradford Smith j
Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 counsel for Applicants l
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l 6 MEMORANDUM AND ORDER - PART I (Rulina on Contentions on the Seabrook Plan for Massachusetts Communities) (July 22, 1988) at 122.
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ea un 25 P4 58 CERTIFICATE OF SERVICE
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I, Thomas G. Dignan, Jr., one of the attoENbys..for~the Applicants herein, hereby certify that on October 17, 1988, I made service of the within document by depositing copies thereof with Federal Express, prepaid, for delivery to (or, where indicated, by depositing in the United States mail, first class postage paid, addressed to):
Administrative Judge Ivan W. Smith Robert Carrigg, Chairman Chairman, Atomic Safety and Board of Selectmen Licensing Board Panel Town Office U.S.
Nucloar Regulatory Atlantic Avenue Commission North Hampton, NH 03862 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Judge Gustavo A.
Linenberger Diano Curran, Esquire Atomic Safety and Licensing Andrea C.
Forster, Esquire Board Panel Harmon & Weiss U.S.
Nuclear Regulatory Suite 430 Commission 2001 S Street, N.W.
East West Towers Building Washington, DC 20009 4350 East West Highway Bethesda, MD 20814 Dr. Jerry Harbour Stephen E. Morrill Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee U.S.
Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 Bethesda, MD 20814 Adjudicatory File Sherwin E. Turk, Esquire Atomic Safety and Licensing Office of General Counsel Board Panel Docket (2 copies)
U.S. Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission East West Towers Building One White Flint North, 15th F1.
4350 East West Highway 11555 Rockvil'e Pike Bethesda, MD 20814 Rockville, MD 20852
- Atomic Safety and Licensing Rob'r' A
..a c k a s, Esquire Appeal Board Panel 1 16 Loweil 5 treat U.S.
Nuclear Regulatory O.
O Box.16 Commission na aheste, NH L3105 Washington, DC 20555 M'MM1MM
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 25 Maplewood Avenue General P.O.
Box 360 One Ashburton Place, 19th Fl.
Portsmouth, NH 03801 Boston, MA 02108 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
- Senator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S. Senate Lagoulis, Clark, Hill-Washington, DC 20510 Whilton & McGuire (Attnt Tom Burack) 79 State Street Newburyport, MA 01950
- Senator Gordon J. Humphrey Mr. Peter J. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn:
Herb Boynton)
NaNburyport, 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 Charles P. Graham, Esquiro Office of General Counsel Murphy and Graham Federal Emergency Management 33 Low Street Agency Newbu ryport, MA 01950 500 C Street, S.W.
Washington, DC 20472 Gary W. Holmes, Esquire Richard A. Hampo, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 e
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Mr. Richard R.
Donovan Judith H. Mizner, Esquire Federal Emergency Management 79 State Street, 2nd Floor Agency Newburyport, MA 01950 Federal Regional Center 130 228th Street, S.W.
Bothell, Washington 98021-9796 Ashod N. Amirian, Esquire Leonard Kopelman, Esquire 376 Main Street Kopelman & Paige, P.C.
Haverhill, MA 01830 77 Franklin Street Boston, MA 02110 Robert R.
Pierce, Esquire Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission East West Towers Bui' ding 4350 East West Highway Bethesda, MD 20814
'M WeinasAignan, Jr.
(*= Ordinary U.S. First Class Mail) i i
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