ML20205R679
| ML20205R679 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/02/1988 |
| From: | Brock M HAMPTON, NH, SHAINES & MCEACHERN |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20205R684 | List: |
| References | |
| CON-#488-7428 CLI-88-07, CLI-88-7, OL-1, NUDOCS 8811100094 | |
| Download: ML20205R679 (6) | |
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OXhEiQ MC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 88 WJV -3 P1 :52 Before Lando W. Zech, Chairman CFHCt s.w ea Thomas M. Roberts 00Cdf ijt3 '. ' ',.
Kenneth M. Carr Kenneth C. Rogers
)
November 2, 1988 In the Matter of
)
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Docket Nos. 50-443-OL-1 PUBLIC SERVICE COMPANY OF
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50-4 44-OL -1 NEW HAMPSHIRE, et al,
)
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On-Site Emergency Planning (Seabrook Station, Units 1 and 2)
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& Safety Issues
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TOWN OF HAMPTON MOTION TO ADMIT LATE-FILED CONTENTION AND REOPEN THE RECORD ON APPLICANTS' FINANCIAL QUALIFICATION TO DECOMMISSION SEABRCOK STATION INTRODUCTION On September 22, 1988, the Commission issued CLI-88-07, in which it determined that: ----
The unique and unusual circumstances of this case require that before low power-may be authorized, Applicants provide reasonable assurance that adequate funds will be available so that safe decommissioning will-be reasonably assured in the event that low power operation has occurred and a full power license is not granted for Seabrook Unit 1.
The Commission further provided that within ten (10) days after service of the Applicants' decommissioning plan, any other party may file a motion to reopen the record and late-filed contentions on the plan.
Applicants' plan was filed under date of October 20, 1988. The Town of Hampton (TOH) files this response in compliance with the Commission order.
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THE TOWN OF HAMPTON HAS SATISFIED THE LATE-FILED CONTENTION STANDARD Pursuant to 10 C.F.R. 5 2. 714 (a) (1), TOH has satisfied the late-filed contention standard as follows:
(i)
Good Cause.
Applicants did not file their decommissioning plan until October 20, 1988.
TOH therefore could not have responded sooner as to the merits of Applicants' decommissioning plan, and further makes this filing within the time frames established by CLI-88-07.
(ii)
Availabiliy( of Other Means to Protect Petitioner's Interest.
The Town of Hampton, with NECNP and SAPL, first raised the issue of Applicants' lack of financial qualification to operate and to decommission Seabrook Station by petition dated July 31, 1987.1 TOH has duly pursued this issue through the appeal process to the Commission.
While other Intervenors' interests may parallel that of TOH in seeking to have Applicants demonstrate financial qualification, the Town of Hampton, among active Intervenors, is unique in its proximity to the site, less than two miles from Seabrook Station.
TOH is thereby placed at most immediate risk by the high level nuclear d
waste to be generated, and stored, at Seabrook following low power 1
1
- Eng, INTERVENORS' PETITION TO WAIVE REGULATIONS 50.33(F)
AND TO THE EXTENT NECESSARY TO REQUIRE APPLICANTS TO DEMONSTRATE l50.57(4)
FINANCIAL QUALIFICATION TO OPERATE AND TO DECOMMISSION SEABROOK STATION.
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operation.
In view of these unique concerns, ToH officials cannot rely upon other Intervenors to assume the primary duty I
to protect the health and safety of TOH citizens.
(iii)
Extent to Which Petitioner's Particioation May Assist in Develooina a Sound Record.
Through cross-examination and i
consultation with other Intervenors, TOH will contribute to the development of a sound record, and will actively participate in the r
l litigation of contentions on Applicants' financial qualification to I
the extent ToH resources will permit.
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(iv)
Reliance Uoon Other Parties.
For reasons stated in 1
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(ii), supre, TOH cannot rely upon other Intervenors to protect the t
1 interests of the Town.
(v)
Delav.
Consideration of this issue will not result in j
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undue delay since the commission itself has determined the need to I
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further explore Applicants' financial qualification prior to issuance
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of a low power license.
In view of those concerns for the public safety, any delay to consider Applicants' financial qualifications l
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will not be undue.
I Based on the foregoing, TOH has satisfied the factors for l
admistaion of a late-filed contention.
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THE TOWN OF HAMPTON HAS SATISFIED THE STANDARDS FOR REOPENING THE
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RECORD j
The tests for reopening an evidentiary record are whether the j
issues could have been raised earlier, whether the motica addressou a f
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significant safety or environmental issue, and whether a materially
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different result would have been likely had the new evidence been considered initially.
10 C.F.R. $2.734(a).
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First, TOH could not have addressed earlier the marits of Applicants' decommissioning plan, since that plan was generated in 1
response to the recent commission order, CLI-88-07, and was only filed under date of October 20, 1988.
i second, Applicants' financial qualification to decommission seabrook station presents a significant safety issue. Applicants' dire 1
l financial straits, including the bankruptcy of its lead owner, PSNH, L
are a matter of recordt high level nuclear waste generated through low l
power operation will be stored at the site for a period of years, and potentially indefinitely; and t5e commission itself has recognized the s
need for decommissioning of all licensed facilities to be accomplished l
"in a safe and timely manner and that adequate licensee funds will be available for this purpose."
53 Fed. Reg. 24018 (6/27/88).
Whether i
Applicants have adequate funds to decommission safely, if a full power l
license is never
- obtained, therefore raises a
fundamental environmental and public safety issue.
Third, even if Applicants otherwise were qualified to operate at f
low power, their lack of financial qualification to decommission
- safely, as evidence by their patently inadequate plan filed October 20, 1988, would preclude issuance of a lower power licence, i
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The particular inadequacies of that plan are specified in the contention filed by TOH herewith, and incorporated by reference herein.
The record should be reopened to consider this issue.
Respectfully submitted, TOWN OF liAMPTON By Its Attorneys SHAINES & McEAcilERN Professional Association D\\
Dated:
November 2, 1988 By Matthew T.
Brock f
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AFFIDAVIT 1.
My name is Matthew T. Brock, counsel for Town of Hampton in the case of In the Matter of Public Service Comoany of New Harnshire, et al, (Seabrook Station, Units 1 and 2), Docket Nos. 50-443-OL and 50-444-OL.
2.
I submit this affidavit in complianco with 10 C.F.R. 52.734(b) and as support for TOWN OF HAMPTON MOTION TO ADMIT LATE-FILED CONTENTION AND REOPEN THE RECORD ON APPLICANTS' FINANCIAL QUALIFICATION TO DECOMMISSION SEABROOK STATION.
3.
The factual and/or technical bases for TOH's late-filed contention, filed herewith, are apparent, or reasonably inferable, from Applicants' own decommissioning plan, filed October 20,
- 1988, and/or a comparison of that plan with the Commission's planning standards, for decommissioning nuclear facilities, set forth in 53 Federal Register, p. 24018, et sea. (6/27/88).
Executed at Portsmouth, New Hampshira, this 2 - day of November, 1988.
k e
Matthew T.
Brock ~
STATE OF NEW HAMPSHIRE COUNTY OF ROCKINGHAM Subscribed and sworn to before me thiu hadday of November, 1988.
l AAS
/CLA Tesce Hptary Public/JuIti:E' " th I JANtt M. Lev.rJr, Netm t3n hly CommisO3a LQm.*. /. MC1 7