ML20206T299

Brief Amicus Curiae of Us Senator Gj Humphrey in Support of Intervenors Application for Stay of ASLB Order Authorizing Issuance of Low Power Ol.* Certificate of Svc Encl

ML20206T299
Person / Time
Site:	Seabrook
Issue date:	04/16/1987
From:	Humphrey G SENATE
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#287-3177 OL, NUDOCS 8704230155
Download: ML20206T299 (9)

Text

.. _

.3/77 .

UNITED STATES OF AMERICA c NUCLEAR REGULATORY COMMISSION HC{ETE g gC ATOMIC SAFETY AND LICENSING APPEAL BOARD ..

17 AR217 P3:d; Before Administrative Judges: -- -

Alan S. Rosenthal, Chairman Gary J. Edles OFFICE OF SEnt:iAfiy Howard A. Wilber 00CKETg34 ERVICf.

)

In the matter of )

) Docket Nos. 50-443-OL PUBLIC SERVICE COMPANY OF ) 50-444-OL NEW HAMPSHIRE, et al. ) Off-site Emergency

) Planning Issues (Seabrook Station, Units 1 and 2) )

) April 16, 1987

_ _ ___=- - . _ _ = -

)

BRIEF MLICUS CJJRIAE OF .U.S. SENATOR GORDON J.

HUMPHREY IN SUPPORT OF INTERVENORS' APPLICATION FOR A STAY OF LICENSING BOARD ORDER AUTHORIZING JES UbRCE . 0F_;L LDR-PORER. 0PERSTDlG _ LJ_C E NS E i

U.S. Senator Gordon J. Humphrey hereby submits his amicus gyring brief in support of petitions by Attorney General James M. Shannon and other Intervenors for a stay pending appeal of the Atomic Safety and Licensing Board's March 25, 1987 Partial Initial Decision authorizing the issuance of an operating license to conduct low-power operation. 1/ Senator Humphrey has been granted leave to file this brief pursuant to 10 CPR Section 2.715(d).

1/ In its Memorandum and Order of April 9, 1987, the Commission continued a stay of the issuance of a low-power license which shall remain in effect pending consideration of PSNH's " Suggestion of Mootness and Request for Vacation of Stay" and at least until May 1,1987.

8704230155 870416 3

, DR ADOCK 0500 g

I. INTROPJ1CTIRN On March 25, 1987, the Atomic Safety and Licensing Board issued its Partial Initial Decision authorizing issuance of a low-power operating license subject to resolution of certain issues regarding the environmental qualification file. On April 6, 1987, the Attorney General applied for a stay of the March 25 decision, pursuant to 10 CPR Section 2.788(e), to preserve the status quo pending resolution of important issues on appeal. Other Intervenors (Seacoast Anti-Pollution League, New England Coalition on Nuclear Pollution and Town of Hampton) have subsequently petitioned for a stay.

II. IN_TXRES.T_ _QE_AMICU S As a resident and representative of New Hampshire, U.S.

Senator Gordon J. Humphrey and his constituency are directly affected by events at the Seabrook nuclear power plant.

Senator Humphrey has closely followed the licensing proceedings. Senator Humphrey's interest in the proceedings is based on his desire to ensure protection of the rights and welfare of those citizens living in the vicinity of the plant.

III. ABGU115UT. Ui_SUf_EORT_ QE_b STAY

.It _ in J p.t_ i o. .t.h e inte r cat._o f. .the_ PRbli c_ _t o. .cn o taIn in a t e th e. sna b r.o_o_k _ plan t_ And _inqte asa .e conomis_ _co atA _tbr o u g h

Iow-poxer_f.qsting. gly.en the. cur.r. cot _ Atate..of..unger.tAioty rega r_diD9_jASRARCC. Pf. 4. fAl.1-J.o.wer. operating license.

Pursuant to 10 CPR Section 2.788(e) (4) , in deciding whether to grant or deny a stay, the Atomic Safety and Licensing Appeal Board must determine among other things, "where the public interest lies." Senator Humphrey submits to the Appeal Board that it is not in the interest of the public to irradiate the core and contaminate the primary cooling system through low-power operation until substantial j

4 obstacles impeding issuance of a full-power operating license are resolved.

Although 10 CPR Section 50.47(d) indicates that the Commission need not review off-site emergency plans before issuing a low-power license, unique aspects of the Seabrook licensing proceedings require a reexamination of the adequacy of this policy.

Specifically, thirtern local communities within the ten mile emergency planning zone and the Commonwealth of Massachusetts have decided not to participate in off-site l ,

emergency planning. According to Attorney General Shannon's April 6, 1987 petition, "He e, the Commonwealth and the Massachusetts towns have consistently stated that no emergency plan will work and have not wavered from their consequent refusal to participate in emergency planning."

i Given this substantial obstacle to emergency planning, the I

5

.-.-~m - , -v m ,, ,_.., . , _ _ _ . , _ . . , , _ _ . . . _ . _ _ . , _ _ _ _ _ _ . _ _ . . _ , . . - _ _ _ _ , - _ _ _ _ _ , _ _ _ _ _ . _ _ _ _ _ _ , _ . _ _ _ _ _ . , , _ .

likelihood of full-power operation at Seabrook remains uncertain. This uncertainty regarding the future use of the plant makes doubtful the advisability of irradiating the components of the plant and the nuclear fuel rods through low-power operation.

The affidavit of Dale G. Bridenbaugh attached as Exhibit I to Attorney General Shannon's application for a stay presents data regarding the " irreversible changes in status quo resulting from low-power operation." Contamination of the plant components before those issues currently on appeal are resolved will-result in an irrevocable loss of the rights of the Intervenors' and the public respecting resolution of important economic and safety natters prior to irradiation of the plant. It is critical that these raatters be considered.

In its decision in Lono Iglap53_.Ligh.t;ing... Comp.a.ny (Shoreham Nuclear Power Station), CLI-85-12, 21 NRC 1587, the Commission stated, "So long as an applicant is willing to invest the substantial effort and money necessary to attempt to obtain a full-power license, the possibility of full-power operation at a later date gives substantial value to low-power testing."

There are two major flaws to the Commission's argument in regard to low-power operation of the Seabrook plant:

1) In the event that the plant is not licensed for full power operation, contamination of the plant couponents

would significantly increase the cost of plant conversion.

According to Dale G. Bridenbaugh's affidavit, once the fuel currently loaded into the Seabrook core becomes substantially irradiated through low-power testing, reuse of the fuel becomes "more complicated and costly and therefore far less likely to be implemented."

Should the plant, for regulatory or economic reasons, fail to go on line, it is likely that some portion of the cost of the plant would ultimately be borne by the consumers. This opens the possibility that the applicants' willingness to invest may result in rate increases absorbed by the public.

2) As it is only the " possibility of full-power operation" which gives value to low-power testing, there is no value to low-power testing if a plant does not subsequently receive a full-power operating license. In light of the present uncertainty regarding resolution of the emergency planning requirements necessary for issuance of a full-power license, there is little benefit in contaminating portions of the plant through low-power testing at this time. In fact, absent some assurance that obstacles impeding full-power operation will be resolved, it is not in the public interest, nor does it make sense, to operate the Seabrook plant at low-power.

e

-S-CONCLUSIQN At this point in the licensing proceedings, public interest would be best served by a determination by the Appeal Board to grant a stay of the Licensing Board's Partial Initial Decision authorizing low-power operation pending resolution of important issues on appeal. Given the possibility that Seabrook may never receive a full-power operating license, the potential economic costs and irreparable harm inherent in low-power operation far outweigh the benefits.

Issuance of the requested stay is necessary in order that the Appeal Board and the Commission may closely examine those issues on appeal as well as the costs and benefits associated with contaminating a plant which may never operate beyond low-power levels before approving issuance of a low-power operating license.

Respectfully submitted, GORDON J. IlUMPHREY , USS l

P 06rdon J.'Humphre Pro Se 531 Hart Senate Office Building Washington, DC 20510 (202) 224-2841 Dated: District of Columbia April 16, 1987

)

CyiilC a N.%

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 37 art 17 P3 0.

I REFORE.TUE_ATQMIC SAFETY AND LICENSING APPEAL BOARD ,

OFFICE OF h, u, t As ,r In the Matter of 00CKEig ERVICE PUBLIC SERVICE COMPANY OF DOCKET NOS. 50-443 OL NEW HAMPSHIRE, et al. 50-444 OL (Seabrook Station, Units 1 and 2)

CEATIFICATE_DE.. SERVICE I hereby certify that copies of the enclosed document, BRIEF AMICUS CREl&E OF U.S. SENATOR GORDON J. HUMPHREY IN SUPPORT OF INTERVENORS' APPLICATION FOR A STAY OF LICENSING BOARD ORDER AUTHORIZING ISSUANCE OF A LOW-POWER LICENSE, have been

> served on the following by deposit in the United States mail on the 16th day of April, 1987.

Alan S. Rosenthal, Chairman Gary J. Edles Atomic Safety & Licensing Atomic Safety & Licensing Appeal Panel Appeal Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory

Commission Commission i Washington, DC 20555 Washington, DC 20555 I

Howard A. Wilber Sheldon J. Wolfe, Chairman Atomic Safety & Licensing Atomic Safety & Licensing Appeal Panel Board 4 U.S. Nuclear Regulatory U.S. Nuclear Regulatory i Commission Commission Washington, DC 20555 Washington, DC 20555 Helen Hoyt, Esq., Chairman Atomic Safety & Licensing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 1

Dr. Jerry Harbour Docketing and Service Atomic Safety and Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission 1

Commission Washington, D.C. 20555 Washington, DC 20555 Mrs. Anne E. Goodman Dr. Emmeth A. Luebke Board of Selectmen Atomic Safety and Licensing Board 13-15 Newmarket Road U.S. Nuclear Regulatory Durham, NH 03842 Commission Washington, DC 20555

o Gustcyo A. Linenberger, Jr.

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Jane Doughty Washington, D.C. 20555 Seacoast Anti-Pollution League William S. Lord, Selectman 5 Market Street Town Hall Portsmouth, NH 03801 Friend Street Amesbury, MA 01913 Rep. Roberta Pevear Carol S. Sneider, Esq.

Drinkwater Road Assistant Attorney General Hampton Falls, NH 03844 Department of the Attorney General Philip Ahrens, Esq. One Ashburton Place Assistant Attorney General 19th Floor Office of the Attorney General Bostoa, MA 02108 State House Station 6 Stanley W. Knowles Augusta, ME 04333 Board of Selectmen P.O. Box 710 Thomas G. Dignan, Esq. North Hampton, NH 03826 R.K. Gad II, Esq.

Ropes & Gray J.P. Nadeau, Selectman 225 Franklin Street Town of Rye Boston, MA 02110 155 Washington Road Rye, NH 03870 Robert A. Backus, Esq.

Backus, Meyer & Solomon Richard E. Sullivan, Mayor 111 Lowell Street City Hall Manchester, NH 03105 Newburyport, MA 01950 Robert G. Perlis, Esq. Alf red V. Sargent, 'Chrmn.

Sherwin E. Turk, Esq. Board of Selectmen Office of the Executive Legal Town of Salisbury,MA 01950 Director U.S. Nuclear Regulatory Diane Curran, Esq.

, Commission Harmon & Weiss Tenth Floor 2001 S Street, NW 77350ld Georgetown Road Suite 430 Bethesda, MD 20814 Washington, DC 20009-1125 MILha 1 Santosuosso, Chrmn Mr. Angie Machiros, Chairman reat." of Selectmen l Board of Selectmen ) win., Street Newbury, MA 01950 RFD 2 South Hampton, NH 03842 l

4

~

H. Joseph Flynn, Esq.

Office of General Counsel Allen Lampert Federal Emergency Management Civil Defense Director Agency Town of Brentwood  ;

500 C Street, SW Exeter, NH 03833 Washington, D.C. 20472 Richard A. Hampe, Esq.

George Dana Bisbee, Esq. Hampe and McNicholas Stephen E. Merrill, Esq. 35 Pleasant Street Office of the Attorney General Concord, NH 03301 State House Annex Concord, NH 03301 Gary W. Holmes, Esq. Edward A. Thomas Holmes & Ellis Federal Emergency 47 Winnacunnet Road Management Agency Hampton, NH 03842 442 J.W. McCormack (POCH)

Boston, MA 02109 William Armstrong Civil Defense Director Sandra Gavutis 10 Front Street Town of Kensington Exeter, NH 03833 RFD 1, Box 1154 East Kensington, NH 03827 Calvin A. Canney City Manager Charles P. Graham, Esq.

City Hall McKay, Murphy & Graham 126 Daniel Street 100 Main Street Portsmouth, NH 03801 Amesbury, MA 01913 P

Oordon J.'Humphrey, USS Pro Se