ML20205R544

Commonwealth of Ma Atty General Jm Shannon late-filed Contentions Concerning Joint Applicant Financial Qualifications to Operate Seabrook Nuclear Power Station.* Supporting Documentation & Certificate of Svc Encl

ML20205R544
Person / Time
Site:	Seabrook
Issue date:	11/02/1988
From:	MASSACHUSETTS, COMMONWEALTH OF
To:	NRC COMMISSION (OCM)
Shared Package
ML20205R446	List: ML20205R442 ML20205R459 ML20205R482 ML20205R492 ML20205R515 ML20205R544
References
OL-1, NUDOCS 8811100061
Download: ML20205R544 (18)

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November 2, 1988 f

ATTACHMENT 1 MASSACHUSETTS ATTORNEY GENERAL JAMES M. SHANNON'S LATE FILED CONTENTIONS CONCERNING THE JOINT APPLICANTS' FINANCI AL QUALIFI"\TIOllS TO OPERATE THE SEABROOK tlUCLEAR POWER STATI0t1 3

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Contention tio. 1:

The Joint Applicants cannot make the demonstration required by section 50.33(f) of the Commission's regulations as there is no assurance, reasonable or otherwise, that adequate funds are or ever will be available to the Joint Applicants to operate the Seabrook Nuclear Power Station safely at low power.

Bases for Contention tio. 1:

All of the facts and assertions contained in MASSACHUSETTS ATTORNEY GEtlERAL JAMES M. SHAtlNO!!'S PETITION UNDER 10 C.F.R. 2.758 FOR A WAIVER OF OR AN EXCEPTION EROM THE PUBLIC UTILITY EXEMPTION FROM THE REQUIREMEllT OF A DEMOllSTRATIOtt OF FINANCIAL QUALIFICATION which include the bankrupt:y of PSt1H and some of the public power participants, the termination of payments by MMWEC towards the costs of the project, the peculiar nature of EUA Power Corp., the lack of any expression of intention by any party to purchase pSilH's or MMWE0's shares of the project, and the substantial costs associate 6 with low power operation are hereby incorporated by reference.

In light of the information contained in the letter filed by the Joiat Applicants in recponse to the Commission's order in CLI 07 that there are some $300 million in costs additional to those set forth in the rule waiver petition that will be incurred in the event that low power operation of Seabrook occurs but a full power operations license is not granted the Joint Applicants cannot demonstrate that they now possess financial qualifications to operate Seabrook at low power.

In light of the information revealed in a notion filed with the Bankruptcy Court on October 19, 1988 and referenced in a October 27, 1988 letter f rom Mr. Victor tierses to Mr. Edward A. Brown, it is obvious that there are substantial outstanding and heretofor undisclosed claims against PSt1H which preclude a determination of whether the Joint Applicants possess financial qualification until stch clains are either filed, settled, or abandoned.

ATTACHMENT 2 AFF_rnAVIT OF PETER M. STRAUSS I

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AFJIDAVIT OF PETER M. STRAUES

1. My name is Peter M. Strauss. I am an Associate of MHB Technical Associates (MHB) , a technical consulting firm specializing in nuclear power plant safety, licensing, and regulatory matters, located at 1723 Hamilton Avenue, Suite K, San Jose, California 95125. I received a Bachelor of Arts Degree in History from the University of Wisconsin in 1970 and a Master of Science Degree in Managerial Science and Policy from the College of Environmental Science and Policy, Ctate University of New York in 1977.

Since 1977 I have specialized in energy and environmental issues, nine years as a management and technical consultant, and two years as a Senior Environmental Engineer for a large mining company (Utah International, Inc.).

Since joining MHB in 1986, I have provided consulting services regarding the construction, operation and decommissioning of nuclear power plants for governmental agencies in New Jersey, Pennsylvania, Minnesota, Ohio, Texas, Maasachusetts, Illinois and the City of El Paso. I have evaluated the decommissioning cost estimates of approximately twenty nuclear power stations, and have assisted in the preparation of testimony and/or reports involving Hope Creek, Palo Verde, Prairie Island and Monticello. I have also reviewed the methodologies for preparing decommissioning cost estimates for nuclear power stations developed by the Atomic Industrial Forum ( AIF) , the U.S. Department of Energy (DOE) and Battelle Northwest Laboratory, which formed the basis for the Nuclear Regulatory Commission's cost estimate. I have testified before the New Jersey Board of Public Utilities and the Illinois Commerce Commission. While st MHB, I have also provided a technical review on DOE's Environmental Assessment on 1

i Transporting Foreign Spent Fuel to the U.S. for reprocessing at Savannah River.

Prior to joining MHB, I headed my own consulting firm, ,

founded in 1984, P. M. Strauss and Associates, specializing in energy and environmental issues. In this capacity, I assisted small power producers in California in obtaining permits, negotiating contracts and represented them in regulatory proceedings. For other clients I assisted in developing i

hazardous waste programs and environmental compliance programs.

In 1981-1983, I worked as a senior environmental engineer with Utah International, Inc., an international mining corporation. In thir capacity I analyzed the effects of proposed environmental regulations on the Company and helped it be more responsive to environmental regulations. I was a member of the I National Coal Association /American Mining Congress (AMC) Joint Committee on Surface Mining Regulations and a member of AMC's Ad Hoc Committee on Superfund and Resource Conservation and Recovery 4

Act (RCRA).

During 1980 and 1981 I consulted independently to several stato governments on hazardous waste. Assignments included drafting regulations for Now Hampshire and advising Massachusetts on policy options regarding financial assurances for permitting i

hazardous waste facilities. I also consulted to an underwritor  !

of environmental impairment liability insurunce.

From May 1977 through April 1980, I was employed as a i

consultant with Resource Planning Associates, Inc. (RPA),

! specializing in energy and environmental policy and technology.

l In this capacity I worked on projects involving uranium mining, l

nuclear wasta, spent-fuel storage and the economic effects of a [

moratorium on nuclear power plarit orders. Other assignments  !

involved advanced electric generating technology and pollution l

Control.

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Further details of my experience and training are included in my Statement of Professional Qualifications, appended as Attachment 1.

2. My direct experience with the Seabrook plant began in 1986. I assisted in preparing the prudence audit regarding Montaup Electric's investment in Seabrook Unit 2. In 1987, I investigated financial difficulties regarding the construction of Seabrook Unit 1 for the Vermont Attorney General.

3. The purpose of this affidavit is to explain the technical reasons why The Plan In Resconse to NRC Order CLI 22 ("Plan") prepared by New Hampshire Yankee in October 1988 is inadequate for estimating the decommissioning costs for Seabrook, chould the plant operate at low power for a short time and thereafter be removed from service.

4. There are five major reasons why the Plan is inadequate: it lacks documentation and clear assumptions regarding the cost of low level waste disposal; it is based on an unrealistic assumption that irradiated spent fuel will be shipped overseas to a foreign reprocessing facility; it fails to consider that foreign reprocessing of U.S. commercial reactor fuel is not covered by any generic or site-specific environmental documentation in compliance with NEPA; it has a low contingency factor; and, it does not provide sufficient documentation to compare it with other cost estimates.

5. Low level waste disposal is a major cost element in decommissioning. In other recent estimates, disposal accounts for 10-15% of the costs of decommissioning. Rates for disposal have increased by approximately twenty-five (25) percent per annum over ti.e last five years. The Plan does not designate where NHY intends to dispose of its wastes, and does not provide assumptions regarding burial rates and escalation rates.

Therefore, I car.not discern if the cost estimate is rear,onable.

6. The */lan assumes that after 20 months, the irradiated spent fuel wi.'.1 be shipped abroad for reprocessing, presumably in 3

the United Kingdom or France. This would be unprecedented in  ;

U.S. commercial nuclear reactor experience. Because spent fuel contains weapons grade source material, shipping it abroad would be a departure from a U.S. policy begun in 1975 by Preside.t Ford. It is also unlikely that NHY would be able to physica.ly move the fuel in the time it has indicated. Moving irradiated fuel in casks to a harbor, loading it aboard ship, transporting  ;

and off loading would involve substantial logistical and harbor support, complex regulatory and state department approvals, and require that seaworthy shipping casks be available.

Products from reprocessing would be in the form of high level liquid or solid waste, plutonium and uranium. Reportedly, reprocessing contracts negotiated with BNFL or Cogema currently involve return of these wastes to their place of origin in whatever form the reprocessor chooses. This would raise acute diplomatic, policy, and regulatory problems. If the products woro going to be returned to NHY, it would not be able to store or use these products.

Therefore, for all the reasons stated above, I believe that this option (i.e., foreign reprocessing) is unrealistic and should not be used as a basis for establishing how long

decommissioning will take. Without this unrealistic assumption, NHY must establish a plan where it could fully decommission the plant, including the spent-fuel pool, so that it can terminate its liconse. Additionally, NHY should provide a basis for estimating the costs of maintaining the spent fuel on sito until a realistic option is available.

J 7. Transporting spent fuel to a foreign reprocessing facility would require compliance with NEPA. The P.IA process

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could take several years and should be completed before a ,

i decision on financial qualifications is made.

Authorization to export spent fuel for reprocessing would be a major federal action having potential significant affects on tho environment both in the U.S. and in the importing country.

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l This would require an Environmental Impact Statement (EIS) under Section 102(2)C of the National Environmental Policy Act of 1969.

Shipping spent fuel to a foreign reprocessing plant is not enveloped in the Generic EIS (NUREG-0586, 1979) and site-specific harbor impacts and impacts oi' waste products on environment in l foreign country, or impacts of storage in U.S.

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8. The Plan does not provide a basis for its contingency l fund, which is $1.361 million or approximately 7% of the cost of decommissioning. AIF, DOE, Battelle and most other utilities use a 25% contingency factor for estimating costs of decommissioning.

j Given the large amount of uncertainty regarding low level waste disposal and the duration of decommissioning process, 7% is l unreasonable.

Contingency is defined by the American Association of Cost Engineers as the provision for unforeseeable elements of cost within the define project scope. It is an allowance for costs that may occur, but are not included in the estinate. There is i no agreed upon definition of contingency that specifies all items that should be included. It is clear, however, that there is a large amount of unforeseeable elements in the Plan.

In addition, the treatment of contingency in this proceeding is not easily separated from traditional ratemaking forums.

Where ratemaking bodies have reduced the contingency factvr to less than 25 percent, they have done so because they would be l able to revisit the issue periodically. Under the hypothetical situation addressed by the Plan, there would be no opportunity to do so.

9. The Plan does not provide sufficient documentation to enable us to determine the reasons why the estimate is so much lower than contemporaneous estimates at other plants, or to readily differentiate this cost estimate from the estimate after full term operation, costing over $200 million. It also is relevant to consider that shoreham has never exceeded 5 percent power and is planning to decommission, (similar to the 5

hypothetical situation) but Long Island Lighting Company (LILCo) recently estimated decommissioning costs on the order of $300-

$400 million. Although I don't have specific details regarding the Shoreham estinate, it is my opinion that the decommissioning of either plant (i.e., Shoreham or Scabrook) would have similar Costs.

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. .Y $i sc i Sf ."e. tPETER M. STRAUSS Subscribed and sworn to before me this 1gr day of NnvPmhpr , 1988.

Catherine Citrigno-Norris d NOTARY PUBLIC hal ,l

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My commission expires: 11-10-00 i

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ATTACIIMENT 1 PROFESSIONAL OUAl 'FICATIONS OF PETER M. STP>USS PETER M. STRAUSS MHB Technical Associates 1723 Hamilton Avenue Suite K 4 San Jose, California 95125 (408) 266 2716 E'<PERIENCE:

1986 PRESENT Associate MH9 Technical Associates. San Jose. California Consulting firm specializing in technical, economic and management evaluations of energy production facilities and emironmental management practices. MHB wo:ks extensively in regulatory and legal proceedings, pro iding litigation support services and expert witness testimony. Areas of corporate specialty include nuclear pown plant construction, revenue requirements, nuclear safety and risk assessment, and environmental and hazardous waste management. Assist in all phases of consulting work from conducting research, preparing reports, and developing testimony and prosiding litigation support. Recent work includes nuclear decommissiocing cost evaluations and ensironmental and hazardous waste management.

1984 1986 Consultant. P. M. Strauss and Associates. San Franci<co. Calif 2mia Founder of consulting firm specializing in energy aM emironment with emphasis on prosiding regulatory assistance. Assisted small power producers evaluate project feasibility, obtain permits, and representation in regulatory proceedings. Assisted industrial clients to understand ,

applicable emitonmental regulations and to determine the existence and extent of toxic ,

contamination on their sites. Prepared hazardous waste management plans and environmental compliance plans for industrial clients and government agencies. [

1981 1983 Senior Emironmental Enaineer/ Policy A nalnt. Utah International Inc.. . San Francisco.

California .

t Multinational corporation with worldwide mining and marketing actisit es. i Managed the legislative, regulatory, and policy program for Corporate Emitonmental Quality Department.

Kept senior manage. ment apprised of the effects of changing policies and adsised operating disisjons how to work with government agencies. Represented corporation in regulatory poce* dings. Issues included acid rai.t. surface mining, hazardous waste from mining, and international emironmental practices. Served as a member of the American Mining Congress' 1 ,

Task Force on Superfund and RCM and the National Coal Association /American Mining Congress Joint Committee on the Surt.ne Mining Control and Reclamation Act, 19S0 - 1981 Indeoendent Mananement Consultant. Wuhinaron. D.C.

Specialized in energy and environmental issues. Extensive experience in hazardous waste management and environmental risk assessment. Consulting senices for several state commissions on hazardous waste, state departments of endronmental quality, and a major underwriter of emitonmental pollution insurance. Drafted New Hampshire's Hazardous Waste Regulations and conducted public presentations in Massachusetts on policy options for regulating hazardous waste. Also constdted to U.S. DOE on air pollution control technology and private business on international markets for petrochemicals.

1977 1980 Associate. Resource Plannina Associates. Inc.. Washinnton. D.C.

Management consulting firm specialmng in scarce resource issues. Co-directed several studies invohing energy policy, nucleas development and facility *iting, and c'dronmental management.

Projects induded developing a community development - a negy for a proposed mining venture, conducting a feasibility study of oil shale development, assessing the emironmental impacts on U.S. acquisition of away from reactor storage facilities, developing siting strategE.s for large-scale solar applicatioca, developing the federal Stand.By Energy Emergency Conservation Plan, and assessing the potential emitonmental effects of advanced energy technologies (e.g., fuel cells, beat recovery system, fluidized bed combustion).

1976 Teachina Assistant. State University of New York. Collene of Emironmental Science and Forestry. Swacuse. New York.

Emironmental Law.

1974 1975 County Ament. Berkshire County Extension Senice. Pittsfield. Massaqbuttis Prosided technical and educational assistance to citizens and community organizations.

Organized community garden programs in the county and assisted communities in developing town plans.

1971 1973 Teacher and Co-Director. Huxlev Hinh School Stockbridae. Maunchusetts Taught basic curriculum in small private school in Massachusetts. Named Co Director of school in 1972.

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o EDUCATION:

BA. in History, University of Wisconsin, Madison,1970.

M.S. in Managerial Science and Policy, State University of New York, College of Environmental Science and Forestry, Syracuse, New York,1977. Master thesis: The Resconse to the National Ensironmental Poliev Act of 1%9.

PUBLICATIONS:

1. Emironmental Develooment Plan: Conservation. Research. and Technolonv. with Resource Planning Associates (RPA), for Energy Research and Development Administration,1977.

j 2. Institutional Apolications for Solar Enerry. with RPA, for Department of Energy,1977.

i 1 Emironmental Develooment Plan Fossil Fuel Utilintion. with RPA, for Department of Energy,1978.

4. Analysis of Somersille/Marblehead Source.Scoaration Demonstration Program. (Waste Comnesition. Enerav Balmace. Monitorina Progress). with RPA, for the Emironmental Protection Ageacy(EPA),19781979.

5. Community Develonment Stratenv for New Mexican Uranium Ven.tms, with RPA, for Mobil Oil Corporation,1978. (conDdential)

6. Production Ferecast for Shale Oil: 1980 0000. with RPA, for Morgan.Newman, Inc.,1979.

7. Economic.and Straterie Effects of Moratorium on Nuclear Power Plant Construction. with RPA, for U.S. Department of Energy,1979,

8. EmironmentalImoact Atensment: Department of Enerry Acoulsition of Existina Away.From.

Reactor Storane Facilities. with RPA, Bechtel, General Electric, and Allied, for U.S.  ;

Department of Energy,1979. '

9. Evaluation of Conservation Octions for Colorado. with RPA, for Colorado Energy Research Institute,1979.

10. Cdquster County- Source Seo2 ration Feasibility Study. with RPA, for Glouster County, NJ.

Planning Board,1979.

11. World Oil Monhor (Monthlv). with RPA, for Morgan.Newman, Inc.,19791980. (conGdential)

12. Consequences of Recent Events on World Oil Market. with RPA, for Morgan Newman,1979.

(conDdential)

13. Draft: Standby Enerav Emerece v Conservation Plaa, with RPA and MIT, for the Department of Energy,1980.

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14 Analysis of Ha7ardous Wave Reculatory issues. P. Strauss, TRC, and WRA, under contract to Gordian Associates, for hiassachusetts Department of Emironmental Quality Engineering (DEQE),1980.

15. Advanced Pollution Control Technolocv The Role of the Department of Enerev (DOE), A.

Collins and P. Strauss, with RPA, for the U.S. Department of Energy,1980.

16. . Draft: New Hampshire Hazardots Waste Reculations. P. Strauss, under contract to Gordian Associates, for Ns Hampshire Bureau of Solid Waste Management (BSWht),1980.

17. Draft: Connecticut Hazardous Waste Reculations, TRC and P. Strauss, under contract to Go,dian Associates, for the Connecticut Department of Emironmental Protection,1980.

18. Technical Aependieet Hazardous Waste Information Manud, P. Strauss and Waste Resources Associates, for Massachusetts DEOE,1980.

19. Draft: Solid Waste Reculations. P. Strauss, under contract to Gordian Associates, for New Hampshire BSWM,1981.

20. Identincatic.n and Evaluation of Ontional ADP Systems for Trackinc Harardous Waste. P.

Strauss and J. Matoba, under contract to Gordian Associates, for New Hampshire BSWM,1981.

21. For Fayette Manufacturing Corporation, conducted Cross Examination before California Public Utilities Commission: OIR 2: Phase I (Long Run Avoided Costs),19S4,

22. Site Imtstication Reecrt. P. Strauss and W. Henry, for Trinity Development,1985. (contains conndentialinformation)

23. Emironmental Comoliance Plan. P. Strauss under contract to Aqua Resources, Inc., for Brobeck, Phleger A Harrison, Attorney's at Law,1986. (contains conndentialinformation)

24. Hazardous Waste Manacement Plan: Moffett Field, P. Strauss with Aqua Resources and ERM.

West, for Department of the Nasy,1985.

25. Direct Testimony of Dale G. Bridenbaugh and Peter M. Strauss on behalf of New Jersey Department of the Public Advocate, Disision of Rate Counsel, regarding Public Senice Electric and Gas' Base Rate Case: In Senice Criteria for Hope Creek, Hope Creek O&M at Decommissioning Costs, and Operating Plant O&M Costs, May 19,1986.

26. Technical Resiew: The U.S. Department of Energy's Emironmental Assessment Concerning Transporting Research Reactor Spent Nuclear Fuel from Taiwan throtigh Portsmouth, VA for Reprocessing at the Savannah River Plant, March,1987.

27. Assisted in preparation of Direct Testimony by Dale G. Bridenbaugh:

On behalf of New Jersey Department of Public Advocate, Division of Rate Counsel, regarding Atlantic City Electric Corporation's Request for Rate Increase regarding Hope Creek in Senice Criteria, O&M and Decommissioning Costs, May 1986; On behalf of Texas Office of Public Utility Counsel regarding Evaluation of Costs of River Bend Nuclear Generating Station, February 1987; 4

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Or, behalf of City of El Paso, Texas regarding El Paso Electric's Request for Rai increase favohing Palo Verde O&M Costs, Decommissioning Costs and the Appropriateness (

App!)ing I-crformance Standards, July 1987; On behalf of the Pennsylvania Office of Consumer Advocate regarding Duquesne Light Corporation's request for Rate Increase invohing Costs of Perry Nuclear Power Plant, October 1987; On behalf of the Minnesota Department of Public Senice regarding Northern States Power's Decommissioning Cost Estimates for Monticello and Prairic Island Nuclear Power Plants.

28. Assisted in preparation of Direct Testimony by Dale G. Bridenbaugh and Richard Hubbard on Behalf of Pennsylvania Office of Consumer Admcate regarding Evaluation of Costs Associated with Construction of Perry Nuclear Power Plant, September 1986.

29. Assisted in preparation of Direct Testimony of Gregory Minor on behalf of Massachusetts Attorney General regarding the Prudence of Montaup Electric's investment in Seabrock Unit 2, 1986.

30. Evalumelon of Northern States Power's Decomminionina Cost Estimates for Pfonticello and Prairie Island Nuclear Generatina Unitt with MHB, for Minnesota Department of Public Senice, January 1988.

31. Potential Sources of Toxie Pietals from San Onofre Units 2 and 3. P. Strauss and D.

Bridenbaugh, for the Marine Resiew Commission, July 1987.

32. Sta'e of Illinois before the Illinois Commerce Commission, Direct Testimony of Richard D.

Ilubbard and Peter M. Strauss on behalf of State of Illinois Office of The Attorney General and Office of Public Counsel, Evaluation of Clinton Costs (Phase II), Docket No. 84-0055, July 31, 1988.

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LOLKEiiO Ut1ITED STATES OF AMERICA LW C 110 CLEAR REGULATORY COMMISSIO!1

'88 NOV -3 P2 :03 h[ Tin , ( .'

__) H i& o In the Mat.ter of )

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PUBLIC SERVICE COMPAt1Y ) Docket flo.(s)

OF 11EW HAMPSilIRE, E_T AL. ) 50-443/444-OL-1

) (On-Site EP)

(Seabrook Station, Units 1 and 2 )

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CERT 1ELCATE DE BERV_LCE I, George B. Dean, hereby certify that on tiovember 2, 1988, I made service of t.he within: (1) MOTIO!1 OF PASSACHUSETTS ATTORt1EY GEt1ERAL JAMES M. S H A !1t10 11 U N D E R 10 C.F.R. S 2.347 TO REOPEt1 THE RECORD TO cot 1 SIDER EVIDEt1CE CO!1 CERT 1I!1G THE JOIllT APPLICAf1TS' DECOMMISSIO!!Il1G PLA!1 FOR THE SEABROOK 11UCLEAR POWER STATIOt1 At1D TO ADMIT THE ATTAC11ED

• LATE FILED CO!1TE!1TIO!1S COllCERi1Il1G SAID DECOMMISSIO!1ING PLAtl; and (2)

MOTION OF MASSACHUSETTS ATTORf1EY GEt1ERAL JAMES M. SHA!1t10t1 TO REOPEll Tile RECORD TO CO!1 SIDER EVIDENCE CO!1CERNI!1G THE JOIllT APPLICAt1TS' F1t1ANCIAL QUALIFICATIO!15 TO OPERATE THE SEABROOK 11UCLEAR POW,1 STATIOil At1D TO ADMIT THE ATTACi!ED LATE-FILED cot 1TENTIO!1S CO!1 CERT 1It1G SAID fit 1A!1CI AL QUALIFI ATIO!1S, by first class mail, or by Federal Express as indicated by (*) to:

• Alan S. Rosenthal, Chairman *Howard A. Wilber Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Appeal Panel U.S. 11oclear Regulatory U.S. riuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Bethesda, MD 20814 Bethesda, MD 20814

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• Thomas S. Moore

• Docketing and Service J/N -Atomic Safety and-Licensing 'U.S. Nuclear Regulatory Appeal Panel Commission U.S. Nuclear Regulatory 1717 H Street

. Commission Washington, DC 20555 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Administrative Judge Sheldon Robert Caralgg, Chairman J. Wolfe, Esquire, Chairman Board of Selectmen Atomic Safety and Licensing Town Office Board Panel Atlantic Avenue U.S. Nuclear Regulatory North Hampton, NH 03862 Commission-East West Towers Building 4350 East West Highway Dothesda, MD 20814 Administrative Judge, Diane Curran, Esquire Emmeth A. Luebke Andrea C..Ferster, Esquire 4515 Willard Avenue Harmon & Weiss Chevy Chase, MD 20815 2001 S Street, NW / Suite 430 Washington, DC 20009 Dr. Jerry Harbour Stephen E. Merril, Esquire Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee, Esquire 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 Atomic Safety and Licensing *Sherwin E. Turk, Esquire Board Panel Docket Office of General Counsel 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 Rockville Pike Bethesda, MD 20814 Rockville, MD 20852 Atomic Safety and Licensing Robert A. Backus Appeal Board Panel Backus, Meyer & Soloman U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Mr. J. P. Nadeau Assistant Attorney General Selectmen's Office Dopartment of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333

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'Pau1'McEachern, Esquire

• Thomas G. Dignan Matthew T. Brock, Esquire Ropes & Gray Shaines & McEachern 225 Franklin Street

-25 Waplewood Avmnue Boston, MA P.O. Box 360 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, IJoard of Selectmen City Manager RFD 1 - Box 1154 City Hall Route 107 126 Daniel Street Kensington, Nil 03827 Portsmouth, NH 03801

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Ser.ator Gordon J. Humphrey R. Scott Hill-Whilton, Esquire U.S. Senate Lagoulis, Clark, 11111-Washington, DC 20510 Whilton & McGuire (Attn: Tom Burack) 79 State Street Newburyport, MA 01950 Senator Gordon J. Ilumphrey Mr. Peter S. Matthews One Eagle-Square, Suite 507 Mayor

. Concord, Nil 03301 . City Hall

, (Altn: lierb Boynton) Newburyport, MA 01950 Mr. Thomas F. Powers, III Mr. William S. Lord i Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913

Exeter, NH 03833

• ll , Joseph Flynn, Esquire Brentwood Board of Selectmen j Office of General Counsel RFD Dalton Road l Federal Emergency Management Brentwood, !!H 03833

! Agency i 500 C Street, S.W.

, Washington, DC 20472 Gary W. llolmes, Esquire Richard A. Hampe, Esquire

! llolmes & Ells llampe and dct31cholas

} 47 Winnacunnet Road 35 Pleasant Street

! llampton, till 03841 Concord, 1111 03301 Judith II. Mizner, Esquire Charles P. Graham, Esquire

, 79 State Street, 2nd Floor Murphy and Graham tiewbu rypo r t , MA 01950 33 Low Street tiewbu r ypo r t , MA 01950

• Lando W. Zech, Jr., Chairman

• Thomas M. Roberts, Commissioner U.S. fluclear Regulatory U.S. flucle a t Regulatory Commission Commission one White Flint -florth One White Flint florth 11555 Rockville Pike 11555 Rockville Pike

, Rockville, MD 20852 Rockville, MD 20852 l

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• Kenneth M. Carr,

• James R. Curtiss, commissioner . Commissioner U.S. Nuclear Regulatary U.S. Nuclear Regulatory Commission Commission One White Flint North One Wnite Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852 Rockville, MD 20852

• Kenneth C. Rogers,

• William C. Parler, Esquire Commissioner General Counsel U.S. tlucicar Regulatory Office of the General Counsel Commission One White Flint North One White Flint florth 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852 Rockville, MD 20852

• Marjorie Nordlinger, Esquire Deputy General Counsel Office of the General Counsel One White Flint North 11555 Rockville Pike Hockville, MD 20852

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Georg F D IDean Assistant Attorney General l lluclear Safety Unit i

Department of the Attorney General One Ashburton Place / 19th Floor l

Boston, MA 02108 I

i (617) 727-2200 l

DATED, llovember 2, 1988