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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217H9511999-10-21021 October 1999 Memorandum & Order.* Proceeding Re Nepco 990315 Application Seeking Commission Approval of Indirect License Transfers Consolidated,Petitioners Granted Standing & Two Issues Admitted.With Certificate of Svc.Served on 991021 ML20217N2561999-10-21021 October 1999 Transcript of Affirmation Session on 990121 in Rockville, Maryland Re Memorandum & Order Responding to Petitions to Intervene Filed by co-owners of Seabrook Station Unit 1 & Millstone Station Unit Three.Pp 1-3 ML20211L5141999-09-0202 September 1999 Comment on Draft Reg Guide DG-4006, Demonstrating Compliance with Radiological Criteria for License Termination. Author Requests Info as to When Seabrook Station Will Be Shut Down ML20211J1451999-08-24024 August 1999 Comment Opposing NRC Consideration of Waiving Enforcement Action Against Plants That Operate Outside Terms of Licenses Due to Y2K Problems ML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210Q7531999-08-11011 August 1999 Order Approving Application Re Corporate Merger (Canal Electric Co). Canal Shall Provide Director of NRR Copy of Any Application,At Time Filed to Transfer Grants of Security Interests or Liens from Canal to Proposed Parent ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210J8501999-08-0303 August 1999 Order Approving Transfer of License & Conforming Amend.North Atlantic Energy Service Corp Authorized to Act as Agent for Joint Owners of Seabrook Unit 1 ML20211J1551999-07-30030 July 1999 Comment Opposing That NRC Allow Seabrook NPP to Operate Outside of Technical Specifications Due to Possible Y2K Problems ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20209H9101999-07-20020 July 1999 Motion of Connecticut Light & Power Co & North Atlantic Energy Corp for Leave to Intervene & Petition for Hearing.* with Certificate of Svc & Notice of Appearance ML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20206A1611999-04-26026 April 1999 Memorandum & Order.* Informs That Montaup,Little Bay Power Corp & Nepco Settled Differences Re Transfer of Ownership of Seabrook Unit 1.Intervention Petition Withdrawn & Proceeding Terminated.With Certificate of Svc.Served on 990426 ML20205M7621999-04-15015 April 1999 Notice of Withdrawal of Intervention of New England Power Co.* New England Power Co Requests That Intervention in Proceeding Be Withdrawn & Hearing & Related Procedures Be Terminated.With Certificate of Svc CLI-99-06, Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 9904071999-04-0707 April 1999 Order.* Joint Request for ten-day Extension of Schedule Set Forth in CLI-99-06 in Order to Facilitate Parties Settlement Efforts Granted,With Exception of Date of Hearing. with Certificate of Svc.Served on 990407 ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20204E6401999-03-24024 March 1999 Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324 ML20204G7671999-03-23023 March 1999 Comment Supporting Proposed Rule 10CFR50.54(a) Re Direct Final Rule,Changes to QA Programs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20207H4921999-02-12012 February 1999 Comment on Draft Contingency Plan for Year 2000 Issue in Nuclear Industry.Util Agrees to Approach Proposed by NEI ML20203F9471999-02-0909 February 1999 License Transfer Application Requesting NRC Consent to Indirect Transfer of Control of Interest in Operating License NPF-86 ML20199F7641999-01-21021 January 1999 Answer of Montaup Electric Co to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests Motion Be Denied on Basis of Late Filing.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2461999-01-19019 January 1999 Supplemental Affidavit of Js Robinson.* Affidavit of Js Robinson Providing Info Re Financial Results of Baycorp Holding Ltd & Baycorp Subsidiary,Great Bay Power Corp. with Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q0151999-01-12012 January 1999 North Atlantic Energy Svc Corp Answer to Petition to Intervene of New England Power Co.* If Commission Deems It Appropriate to Explore Issues Further in Subpart M Hearing Context,Naesco Will Participate.With Certificate of Svc ML20199A4331999-01-11011 January 1999 Motion of United Illuminating Co for Leave to Intervene & Petition to Allow Intervention out-of-time.* Company Requests That Petition to Allow Intervention out-of-time Be Granted.With Certificate of Svc ML20198P7181998-12-31031 December 1998 Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Moves to Intervene in Transfer of Montaup Seabrook Ownership Interest & Petitions for Summary Relief or for Hearing ML20198P7551998-12-30030 December 1998 Affidavit of J Robinson.* Affidavit of J Robinson Describing Events to Date in New England Re Premature Retirement of Npps,Current Plans to Construct New Generation in Region & Impact on Seabrook Unit 1 Operation.With Certificate of Svc ML20195K4061998-11-24024 November 1998 Memorandum & Order.* North Atlantic Energy Services Corp Granted Motion to Withdraw Proposed Amends & Dismiss Related Adjudicatory Proceedings as Moot.Board Decision LBP-98-23 Vacated.With Certificate of Svc.Served on 981124 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML17265A8071998-10-0606 October 1998 Comment on Integrated Review of Assessment Process for Commercial Npps.Util Endorses Comments Being Provided by NEI on Behalf of Nuclear Industry ML20154C8171998-10-0606 October 1998 Notice of Appointment of Adjudicatory Employee.* Notice Given That W Reckley Appointed as Commission Adjudicatory Employee to Advise Commission on Issues Related to Review of LBP-98-23.With Certificate of Svc.Served on 981006 CLI-98-18, Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 9810061998-10-0505 October 1998 Order.* Grants Joint Motion Filed by Naesco,Sapl & Necnp for Two Week Deferral of Briefing Schedule Set by Commission in CLI-98-18.With Certificate of Svc.Served on 981006 ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20154F9891998-09-29029 September 1998 License Transfer Application Requesting Consent for Transfer of Montaup Electric Co Interest in Operating License NPF-86 for Seabrook Station,Unit 1,to Little Bay Power Corp ML20154D7381998-09-21021 September 1998 Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790 ML20153C7791998-09-18018 September 1998 Comment Supporting Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Util Endorses NRC Staff Focus on Operability & Funtionality of Equipment & NEI Comments ML20151Z5611998-09-18018 September 1998 Order.* Pursuant to Commission Order CLI-98-18 Re Seabrook Unit 1 Proceeding,Schedule Described in Board 980904 Memorandum & Order Hereby Revoked Pending Further Action. with Certificate of Svc.Served on 980918 ML20151Y0331998-09-17017 September 1998 Order.* All Parties,Including Util,May File Brief No Later than 981007.Brief Shall Not Exceed 30 Pages.Commission May Schedule Oral Argument to Discuss Issues,After Receiving Responses.With Certificate of Svc.Served on 980917 ML20153E8771998-09-16016 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents. Recommends That NRC Reverse Decision to Revise Emergency Planning Regulation as Listed 1999-09-02
[Table view] Category:PLEADINGS
MONTHYEARML20210S5641999-08-13013 August 1999 Motion of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Strike Unauthorized Response of Nepco.* Unauthorized Response Fails to Comply with Commission Policy.With Certificate of Svc ML20210P6271999-08-10010 August 1999 Response of New England Power Company.* Nu Allegations Unsupported by Any Facts & No Genuine Issues of Matl Facts in Dispute.Commission Should Approve Application Without Hearing ML20210H8311999-08-0303 August 1999 Reply of Connecticut Light & Power Co,Western Massachusetts Electric Co & North Atlantic Energy Corp to Response of New England Power Co to Requests for Hearing.* Petitioners Request Hearing on Stated Issues.With Certificate of Svc ML20210E3011999-07-27027 July 1999 Response of New England Power Co to Requests for Hearing. Intervenors Have Presented No Justification for Oral Hearing in This Proceeding.Commission Should Reject Intervenors Request for Oral Hearing & Approve Application ML20205G0921999-04-0505 April 1999 Joint Motion of All Active Participants for 10 Day Extension to Permit Continuation of Settlement Discussion.* Participants Request That Procedural Schedule Be Extended by 10 Days.With Certificate of Svc ML20205G3091999-03-31031 March 1999 Petition That Individuals Responsible for Discrimination Against Contract Electrician at Plant as Noted in OI Rept 1-98-005 Be Banned by NRC from Participation in Licensed Activities for at Least 5 Yrs ML20207K1941999-03-12012 March 1999 North Atlantic Energy Svc Corp Participation in Proceeding.* Naesco Wished to Remain on Svc List for All Filings.Option to Submit post-hearing Amicus Curiae Brief Will Be Retained by Naesco.With Certificate of Svc ML20199H0451999-01-21021 January 1999 Answer of Little Bay Power Corp to Motion of Ui for Leave to Intervene & Petition to Allow Intervention out-of-time.* Requests That Ui Petition to Intervene & for Hearing Be Denied for Reasons Stated.With Certificate of Svc ML20199D2311999-01-19019 January 1999 Response of New England Power Co to Answers of Montaup Electric Co & Little Bay Power Corp.* Nep Requests That Nep Be Afforded Opportunity to File Appropriate Rule Challenge with Commission Pursuant to 10CFR2.1329 ML20206R1041999-01-13013 January 1999 Answer of Little Bay Power Corp to Motion of New England Power Co for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* with Certificate of Svc ML20199A4741999-01-12012 January 1999 Answer of Montaup Electric Co to Motion of Nepco for Leave to Intervene & Petition for Summary Relief Or,In Alternative,For Hearing.* Nepco 990104 Motion Should Be Denied for Reasons Stated.With Certificate of Svc ML20206Q8451999-01-12012 January 1999 Written Comments of Massachusetts Municipal Wholesale Electric Co.* Requests That Commission Consider Potential Financial Risk to Other Joint Owners Associated with License Transfer.With Certificate of Svc.Served on 990114 ML20155J1071998-11-0909 November 1998 NRC Staff Answer to North Atlantic Energy Svc Corp Motion for Leave to File Reply.* Staff Does Not Object to North Atlantic Energy Svc Corp Motion.With Certificate of Svc ML20155D0041998-10-30030 October 1998 Motion for Leave to File Reply.* Licensee Requests Leave to Reply to Petitioner 981026 Response to Licensee 981015 Motion to Terminate Proceedings.Reply Necessary to Assure That Commission Is Fully Aware of Licensee Position ML20155D0121998-10-30030 October 1998 Reply to Petitioner Response to Motion to Terminate Proceedings.* Licensee Views Segmentation Issue as Moot & Requests Termination of Subj Proceedings.With Certificate of Svc ML20155B1641998-10-26026 October 1998 Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc ML20154K8751998-10-15015 October 1998 Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc ML20153H4471998-10-0101 October 1998 Joint Motion of Schedule Deferral.* Naesco,Sapl & Necnp Jointly Request Temporary Deferral of Briefing Schedule as Established by Commission Order of 980917 (CLI-98-18). with Certificate of Svc ML20236W0931998-07-30030 July 1998 Reply to Staff & Naesco Objections to Joinder of Necnp & to Naesco Objection to Standing.* Advises That Jointer Issue Involves Only Question of How Pleadings May Be Captioned. W/Certificate of Svc ML20236U4221998-07-27027 July 1998 North Atlantic Energy Svc Corp Supplemental Answer Standing Issues.* Request for Hearing & Petition to Intervene,As Applied to Sapl & New England Coalition on Nuclear Pollution,Should Be Denied.W/Certificate of Svc ML20236T5201998-07-27027 July 1998 NRC Staff Response to 980709 Submittal by Seacoast Anti- Pollution League & New England Coalition on Nuclear Pollution (Necnp).* Board Should Deny Intervention by Necnp. Staff Does Not Contest Sapl Standing.W/Certificate of Svc ML20236J1111998-07-0202 July 1998 North Atlantic Energy Svc Corp Answer to Supplemental Petition for Hearing.* Util Will Respond to Any Further Petitions on Schedule Directed by Licensing Board Memorandum & Order of 980618.W/Certificate of Svc ML20249B9151998-06-24024 June 1998 NRC Staff Answer to Seacoast Anti-Pollution League (Sapl) 980605 Request for Hearing & to New England Coalition on Nuclear Pollution 980618 Request for Intervention.* Board Should Not Grant Sapl 980605 Request.W/Certificate of Svc ML20249B7631998-06-18018 June 1998 Supplemental & Amended Petition for Institution of Proceeding & for Intervention Pursuant to 10CFR2.714 on Behalf of Seacoast Anti-Pollution League & New England Coalition on Nuclear Power.* ML20249A9501998-06-12012 June 1998 Supplemental Petition of Great Bay Power Corp for Determination of Reasonable Assurance of Decommissioning Funding ML20199K3861998-01-29029 January 1998 Petition for Determination That Great Bay Power Corp'S Acceleration of Decommissioning Trust Fund Payments Would Provide Reasonable Asurance of Decommissioning Funding Or,In Alternative,Would Merit Permanent Exemption ML20217P7781997-12-18018 December 1997 Petition to Suspend Operating License Until Root Cause Analysis of Leaks in Piping in Train B of RHR Sys Conducted, Per 10CFR2.206 ML20140B9601997-06-0404 June 1997 Suppl to Great Bay Power Corp Petition for Partial Reconsideration of Exemption Order to Submit Requested Cost Data & to Request,In Alternate,Further Exemption ML20135A1051997-02-21021 February 1997 Petition of Great Bay Power Corp for Partial Reconsideration of Exemption Order.* Seeks Reconsideration of Staff'S Preliminary Finding That Great Bay Is Not Electric Utility as Defined by NRC in 10CFR50.2 ML20094N4021992-03-27027 March 1992 App to Appeal of Ofc of Consumer Advocate (Nuclear Decommissioning Finance Committee) Appeal by Petition Per Rsa 541 & Rule 10 ML20076D1281991-07-17017 July 1991 Licensee Motion to Dismiss Appeal.* Appeal Should Be Dismissed Based on Listed Reasons.W/Certificate of Svc ML20073E1301991-04-22022 April 1991 Opposition of Ma Atty General & New England Coalition on Nuclear Pollution to Licensee Motion for Summary Disposition.* Board Should Reopen Record,Permit Discovery & Hold Hearing on Beach Sheltering Issues ML20070V3311991-03-29029 March 1991 Licensee Motion for Summary Disposition of Record Clarification Directive in ALAB-939.* Licensee Request That Motion Be Moved on Grounds That Issues Herein Identified Became Moot & Thus Resolved.W/Certificate of Svc ML20070V4061991-03-25025 March 1991 Massachusetts Atty General Response to Appeal Board 910311 Order.* License Should Be Vacated Until There Is Evidence of Adequate Protective Measure for Special Needs Population. W/Certificate of Svc ML20076N0831991-03-21021 March 1991 Massachusetts Atty General Response to Appeal Board 910308 Order.* Opposes Licensing Board Issuance of Full Power OL Based on Reliance of Adequacy of Plan.W/Certificate of Svc ML20076N1861991-03-19019 March 1991 Intervenors Reply to NRC Staff & Licensee Responses to 910222 Appeal Board Order.* NRC & Licensee Should File Appropriate Motions & Supply Requisite Evidentiary Basis That Will Allow Board to Make Decision.W/Certificate of Svc ML20070M5151991-03-18018 March 1991 Licensee Response to Appeal Board 910308 Order.* Listed Issues Currently Being Appealed Should Be Dismissed as Moot. W/Certificate of Svc ML20076N0671991-03-15015 March 1991 Licensee Response to Appeal Board 910311 Order.* Controversy Re Special Needs Survey Resolved.Next Survey Will Be Designed by Person Selected by State of Ma & Licensee Will Pay Costs.W/Certificate of Svc ML20070M3781991-03-11011 March 1991 Licensee Response to 910222 Appeal Board Order.* Response Opposing Suspending or Otherwise Affecting OL for Plant Re Offsite Emergency Plan That Has Been Twice Exercised W/No Weakness Identified.W/Certificate of Svc & Svc List ML20070M2101991-03-11011 March 1991 Reply to Appeal Board 910222 Order.* Response Opposes ALAB-918 Issues Re Onsite Exercise Contention.W/Certificate of Svc ML20029B6061991-02-28028 February 1991 Response of Ma Atty General to Appeal Board 910222 Order.* Questionable Whether Eight Issues Resolved.To Dismiss Issues Would Be Wrong on Procedural Grounds & Moot on Substantive Grounds.W/Certificate of Svc ML20070E7741991-02-25025 February 1991 Opposition to Licensee Motion to Dismiss Appeal of LPB-89-38.* Believes Board Should Not Dismiss Intervenors Appeal Because There Was No Hearing on Rejected Contentions. Board Should Deny Licensee Motion.W/Certificate of Svc ML20066H0831991-02-12012 February 1991 Licensee Motion to Dismiss Appeal of LBP-89-38.* Appeal Should Be Dismissed Either as Moot or on Grounds That as Matter of Law,Board Correct in Denying Hearing W/Respect to Contentions at Issue.W/Certificate of Svc ML20066H0021991-02-0808 February 1991 Licensee Response to Appeal Board Order of 910204.* W/Certificate of Svc ML20067C5081991-02-0101 February 1991 Ma Atty General Response to Appeal Board Dtd 910122.* Identifies Two Issues That Potentially May Be Resolved. State Will Continue to Investigate Facts Re post-hearing Events That May Effect Pending Issues.W/Certificate of Svc ML20029A0451991-01-28028 January 1991 Licensee Suggestion for Certified Question.* Draft Certified Question for Appeal Board Encl.* W/Certificate of Svc ML20029A0431991-01-28028 January 1991 Licensee Response to 910124 Memorandum & Order.* Common Ref Document Derived from Copying Respective Portions of Emergency Response Plan & Associated Documents Provided.W/ Certificate of Svc ML20070U4811991-01-24024 January 1991 Motion Requesting Limited Oral Argument Before Commission of City of Holyoke Gas & Electric Dept New Hampshire Electric Cooperative Mact Towns ML20029A0091991-01-24024 January 1991 Response to Appeal Board 910111 Order.* Atty General Will Continue Ad Intervenor in Facility Licensing Proceeding. Changes to Emergency Planning for Facility Forthcoming. W/Certificate of Svc ML20029A0121991-01-24024 January 1991 Motion for Substitution of Party.* Atty General s Harshbarger Moves That Secretary of NRC Enter Order Substituting Him in Place Jm Shannon as Intervenor to Proceeding.W/Certificate of Svc 1999-08-03
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, 00LKETED April 151'11987 UNITED STATES OF AMERICA NUCIEAR REGULATORY COMMISSION '87 APR 21 P2:08 BEFORE THE ATOMIC SAFETY AND LICENSING MDMr; hYh bd BFAhCH In the Matter of )
) Docket Nos. 50-443 OL PUBLIC SERVICE COMPANY OF ) 50-444 OL NEW HAMPSHIRE, et al. ) Off-site Emergency Planning
)
(Seabrook Station, Units 1 and 2 )
NRC STAFF'S ANSWER TO MOTIONS FOR
SUMMARY
DISPOSITION OF OFF-SITE EMERGENCY PLANNING CONTENTIONS On March 25, 1987, thirty motions were filed by the Applicants seeking summary disposition of various off-site emergency planning contentions; 1 on the same date, two additional motions for summary 1/
. (1) " Applicant's Motion for Summary Disposition NECNP Contention NHLP-4";
l i (2) " Applicants' Motion for Summary Disposition of Town of Kensington Revised Contention 2";
(3) "Applicaints' Motion for Summary Disposition of South Hampton (TOSH) Contention No. 6";
(4) " Motion for Summary Disposition of Town of Hampton Falls (TOliF) Contention 4";
(5) " Applicants' Motion for Summary Disposition of Revised Town of Kensington (TOK) Contention 10";
(6) " Applicants' Motion for Summary Disposition of Seacoast Anti-Pollution League Contentions Nos. 7 and 33";
(7) " Applicants' Motion for Summary Disposition of Town of Hampton Revised Contention IV";
(FOOTNOTE CONTINUED ON NEXT PAGE) 8704230252 870415 3 A DR ADOCK 0500 01
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1 disposition were filed by the Town of Hampton and Attorney General (FOOTNOTE CONTINUED FROM PREVIOUS PAGE)
(8) " Applicants' Motion for Summary Disposition (TOH VI)
(9) " Applicants' Mction for Summary Disposition of Town of Kensington (TOK) Contention 1";
(10) " Applicants' Motion for Summary Disposition on Seacoast Anti-Pollution League Redrafted Contention No.15";
(11) " Applicants' Motion for Summary Disposition of Town of South
- Hampton's (TOSH) Contention 2";
(12) " Motion for Summary Disposition on New England Coalition on Nuclear Pollution Contention No. NHLP-2";
(13) " Applicants' Motion for Summary Disposition Town of Hampton Falls (TOHF) Contention 2";
(14) " Applicants' Motion for Summary Disposition of NECNP RERP-2";
(15) " Applicants' Motion for Summary Disposition SAPL Reasserted Contention 8";
(16) " Applicants' Motion for Summary Dicposition on SAPL Rearserted Contention 8A";
(17) " Motion for Summary Disposition of NECNP Contention NHLP-6";
(18) " Applicants' Motion for Summary Disposition of Town of South l
Hampton Contention No. 8";
(19) " Applicants' Motion for Summary Disposition of Seacoast Anti-l Pollution League Contention No.18";
(20) " Applicant's Motion for Summary Disposition on Town of South Hampton Contention No.1";
(21) " Applicants' Motion for Summary Disposition of Seacoast Anti-Pollution League Contention No. 25";
i (FOOTNOTE CONTINUED ON NEXT PAGE)
.-,-.-r _ . - . , - .- . . _ , _ . _ , . , _ . - - , , , . - , _-,.yw__., m.-_ , _ - . . , . , , . .,_y.my -.
g i', s l
l Shannon of Massachusetts. 2_/ In particular, these motions seek summary disposition, in whole or in part, of 32 emergency planning contentions admitted for litigation by the Licensing Board Orders of April 1,1986 and February 18, 1987. 3_/
(FOOTNOTE CONTINUED FROM PREVIOUS PAGE)
(22) " Applicants' Motion for Summary on Seacoast Anti-Pollution League Contention No. 34";
(23) " Applicants' Motion for Summary Disposition on Seacoast Anti-Pollution League Contention No. 37";
(24) " Applicants' Motion for Summary Disposition on Town of Kensington Revised Contention 6";
(25) " Applicants' Motion for Summary Disposition on Town of South Hampton Contention No. 3";
(26) " Applicants' Motion for Summary Disposition on Seacoast Anti-Pollution League Contention No. 31 (SAPL-31)";
(27) " Applicants' Motion for Summary Disposition on Town of Hampton Contention No. III";
(28) " Applicants' Motion for Summary Disposition of Rye Contention 2";
(29) " Applicants' Motion for Summary Disposition on NECNP Contention RERP-8, SAPL Contention No.16, and Town of Hampton Contention VIII"; and (30) " Motion fer Summary Disposition (TOK-4)".
2/
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These are: (1) " Town of Hampton's Motion for Summary Disposition; and (2) " Attorney General Shannon's Motion for Partial Summary Disposition on Town of Hampton Revised Contention VIII and SAPL Contention 16".
3/
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Although some motions for summary disposition were denied by the :
Board in a telephone conference call on April 13, 1987, the Staff nevertheless addresses the issues raised in all of the motions for summary disposition for which FEMA findings are required, (FOOTNOTE CONTINUED ON NEXT PAGE)
e The NRC Staff hereby files it response to the Applicants' and Staff's motions. For the reasons more fully set for.th below and in the attached affidavits, O there are no genuine issues of material fact on seven of the subject contentions and summary disposition is appropriate for those contentions. The motions for summary disposition on the other contentions should be denied, because FEMA has not at this time made findings - reouired by the Commission's regulations - that the relevant parts of the emergency plans are adequate.
DISCUSSION A. Legal Principles Underlying Summary Disposition Pursuant to 10 C.F.R. 6 2.749(d) of the Commission's Rules of Practice, summary disposition is available to a party in NRC proceedings on all or any part of the matters involved in the proceeding. It provides:
The presiding officer shall render the decision sought if the filings in the proceeding, depositions, answers to interrogatories, and the admissions on file, together with the statements of the parties and the affidavits, if any, show that there is no genuine issue as to any material fact (FOOTNOTE CONTINUED FROM PREVIOUS PAGE) particularly to detail where FEMA believes additional information is needed. In this manner it responds to the request of the Licensing Board to set out aress where additional information is needed for FEMA to complete its review.
4/ The Staff has attached hereto the following documents upon which )
this Answer relies: " Affidavit of Edward A. Thomas in Support of i Certain Motions for Summary Disposition" and " Affidavit of Edward A. Thomas in Opposition to Certain Motions for Summary ,
Disposition". )
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1 i
, . - i and that the moving party is entitled to a decision as a matter of law. . . . .
The proponent of the motion for summary disposition must meet its burden even if the party opposing the motion fails to present evidentiary material to the contrary. Cleveland Electric Illuminating Co. .(Perry Nuclear s Power Plant, Unit 1 and 2), ALAB-443, 6 NRC 741, 753 (1977), citing Adickes v. Kress & Co. , 398 U.S. 144, 157 (1970). Perry, supra, 6 NRC at 754.
On the other hand, where a properly supported motion for summary disposition has been made, a party opposing the motion may not rest upon the mere allegations of its contention or answer. 10 C.F.R. I 2.749(b);
, Virginia Oectric and Power Co. (North Anna Nuclear Power Stelion, Units 1 and 2), ALAB-584,11 NRC 451, 453 (1980). Rather, pursuant to 5 10 C.F.R. I 2.749(b), the party opposing summary disposition must ordinarily present specific material facts showing there is no genuine issue to be heard:
. . . When a motion for summary decision is made and supported . . ,, a party opposing the motion may not rest upon the mere allegations or denials of his answer; his answer ... must set forth specific facts showing that there is a genuine issue of fact. If no such answer is filed, the decision sought, if appropriate, shall be rendered.
Nonetheless, where a party opposing the motion is not yet able to present i facts to justify his opposition, 10 C.F.R. I 2.749(c) provides that the
- Licensing Board may deny the motion or order that the motion be deferred
Should it appear from the affidavits of a party opposing the motion that he cannot, for reasons stated, present by affidavit facts essential to justify his opposition, the presiding officer may refuse the application for summary disposition or '
i I
. . . - - -. -. . _ ~
i may order a continuance to permit affidavits to be obtained or make such order as is appropriate and a determination to that effect shall be made a matter of record.
See North Anna, supra, 11 NRC at 466; Metropolitan Edison Co. (Three
?!ile Island Nuclear Station, Unit 1), LBP-79-34,10 NRC 828, 857 (1979).
In a Statement of Policy issued in 1981, the Commission underlined the availability of summary disposition in appropriate cases, as a means of expediting the hearing process. In Statement of Policy on Conduct of Licensing Proceedings, 46 Fed. RS. 28533 (May 27,1981), the Commis-sion stated as follows:
In exercising its authority to regulate the course of a hearing, the boards should encourage the parties to invoke the summary disposition procedure on issues where there is no genuine issue of material fact so that evidentiary hearing time is not unnecessarily devoted to such issues.
4 46 Fed. Rg . 38535.
B. The Commission's Regulations Provide that NRC Findings on
! Off-Site Emergency Plans Will be Based Upon the Findings and Determinations of the Federal Emergency Management Agency 4
In making required findings on the adequacy of any emergency plan with respect to any nuclear power plant, the Commission's regulations provide a detailed scheme of cooperation between the NRC and the Federal Emergency Management Agency (FEMA). b In particular, the regulations
- 5) The Commission's regulations specifically provide:
[N]o operating license for a nuclear power reactor will be issued unless a finding is made by NRC
- that there is reasonable assurance that adequate l l
(FOOTNOTE CONTINUED ON NEXT PAGE) j l
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provide that the NRC is required to base its findings, in part, on initial FEMA " findings and determinations as to whether State and local emergency plans are adequate and whether there is reasonable assurance that they can be implemented. . . ." EI Thus appropriate findings by FEMA are necessary for the NRC to determine that no issue of material fact exists which would impede the grant of summary disposition on issues i relating to State and local emergency plans.
The Commission's regulation which requires FEMA findings as a predicate to an NEC determination on off-site emergency planning is
. based on a December 7, 1979 Presidential Directive in which FEMA was ordered to "take the lead in off-site planning and response" with respect f
I (FOOTNOTE CONTINUED FROM PREVIOUS PAGE) protective measures can and will be taken in the
! event of a radiological emergency.
I 10 C.F.R. I 50.47(a)(1) .
y/_ 10 C.F.R. I 50.47(a)(2) specifically provides:
The NRC will base its findings on a review of the Federal Emergency Management Agency (FEMA) l findings and determinations as to whether State and local emergency plans are adequate and whether there is reasonable assurance that they can be implemented, and on the NRC assessment as
! to whether the applicant's onsite emergency plans are adequate and whether there is reasonable
- assurance that they can be implemented. A FEMA i finding will primarily be based on a review of the plans. Any other information already available to FEMA may be considered in assessing whether there is reasonable assurance that the plans can be implemented. In any NRC licensing proceeding, a FEMA finding will constitute a rebuttable presumption on questions of adequacy and implementation capability, i
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to potential accidental off-site radiological releases. See Memorandum of Understanding Between FEMA and NRC ("MO U") , 50 Fed h.15485 (April 18,1985). This directive required FEMA: i
[tlo make findings and determinations as to whether off-site emergency plans are adequate and can be implemented ... [F]indings and determinations on the current status of emergency planning and preparedness around particular siter
. . . will be provided by FEMA for use as needed in the NRC licensing process.
MOU, 50 Fed. M.15485. -
! While this regulatory scheme contemplates that FEMA will "take the lead" and provide the initial determination of the adequacy of off-site emergency plan, the Commission's regulations also provide that NRC has responsibility for reviewing FEMA's determinations and making any final determinations as to the adequacy of such plans. 10 C.F.R.
I 50.47(s)(1)-(2). To ensure the necessary interagency cooperation, FEMA and NRC first entered into a Memorandum of Understanding on January 14, 1980. 45 Fed. Rg . 5847. The MOU has been twice revised to reflect the evolving relationship between FEMA and NRC, but the 4
general principles have remained the same: FEMA is charged with (1) coordinating all Federal planning for the off-site impact of radiological 4
cmergencies , (2) taking the lead for assessing off-site radiological emergency response plans and preparedness, (3) making findings and
) determinations as the adequacy and capability of implementing off-site plans , and (4) communicating those findings and determinations to the NRC, 45 Fed. Rg . 82713 (December 16, 1980); 50 Fed. M . 15485 (April 18, 1985). The NRC, on the other hand, reviews those FEMA findings and determinations in conjunction with the NRC on-site findings e
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for the purpose of making determinations on the overall state of emergency preparedness. These overall findings and determinations are used by NRC to make radiological health and safety decisions in the issuance of licences. According to the MOU, "[t]his delineation of responsibilities avoids duplicative efforts by NRC Staff in off-site preparedness matters." MOU, 50 Fed. Rg.15485.
The MOU provides that in making any initial findings based on a I
review of currently available off-site plans, FEMA is to assess whether such plans are adequate against the standards and criteria of NUREG-0654 / FEMA-REP-1, and pending an exercise, whether there is reasonable assurance that the plans can be implemented. Specifically, the MOU provides that the finding will indicate one of the following conditions:
(1) Plans are adequate and there is reasonable assurance that they can be implemented with only limited or no corrections needed; (2) plans are adequate, but before a determination can be made as to whether they can be implemented, corrections
.i must be made to the plans or supporting measures must be demonstrated (e.g., adequacy and maintenance of procedures, training resources, staffing levels and qualifications , and equipment adeousey); or (3) plans are adequate and cannot
- be implemented until they are revised to correct deficiencies noted in the Federal review.
MOU, 50 Fed. Rg.15485.
- If in FEMA's view, the plans that are available are not complete or not ready for review, FEMA is obligated to provide NRC with a status
! report " delineating milestones for preparation of the plan by the off-site authorities as well as FEMA's actions to assist in timely development and review of such plans." Id.
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, 6 The MOU further provides that in an interim finding on i
preparedness, FEMA will indicate one of the following conditions:
(1) There is reasonable assurance that the plans are adequate and can be implemented as demonstrated in an exercise; (2) there are deficiencies that may adversely affect public health and safety that must be corrected in order to provide reasonable assurance that the plans can be implemented; or (3) FEMA is undecided and will provide a schedule of actions leading to a decision.
MOU, 50 Fed. Rg.15485.
Therefore, under the scheme of the 10 C.F.R. I 50.47(a) and the underlying ?!emorandum of Understanding between FEMA and the NRC FEMA findings on State or local off-site emergency planning are a necessary predicate to an NRC determination that those off-site plans are adequate and can be implemented.
C. The Applicants', Town of Hampton's and Attorney General Shannon's Motions The Applicants, Town of Hampton and Attorney General Shannon
! have filed motions for summary disposition of 32 off-site emergency planning contentions admitted by the Licensing Board's Orders of April 1 1986 and February 18, 1987. These contentions raised various concerns
, as to the adequacy of the New Hampshire radiological emergency response plans for the Seabrook Station.
As set forth in the attached affidavits of Edward A. Thomas, the Federal Emergency Management Agency (FEMA) and the Regional Assistance Committee (RAC) have evaluated and reviewed the radiological emergency response plans submitted by the State of New Hampshire, as ,
well as the compensatory plan and the revisions to the plans which have
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A been submitted by the State. In addition, FEMA has conducted and evaluated an exercise of the New Hampshire radiological emergency response plans, held on February 26, 1986.
Based upon the FEMA review of the New Hampshire radiological emergency response plans , the State's compensatory plan and the revisions to the plans which have been submitted, as well as the exercise held on February 26, 1966, it is concluded that, as to seven of the subject contentions and the matters embraced by those contentions, the New Hampshire radiological emergency response plans appear to be adequate to FEMA and no issues of material fact remain to be litigated.
These contentions are as follows:
- 1. The Applicant's Motion for Summary Disposition Regarding Town of Kensington Contention 2;
- 2. The Applicant's Motion for Summary Disposition Regarding Town of Kensington Contention 4;
- 3. The Applicant's Motion for Summary Dispcsition Regarding Town of Kensington Contention 10;
- 4. The Applicant's Motion for Summary Disposition Regarding Town of South Hampton Contention 1;
- 5. The Applicant's Motion for Summary Disposition Regarding Town of South Ilampton Contention 6;
- 6. The Applicant's Motion for Summary Disposition Regarding Town of Hampton Falls Contention 4;
- 7. The Applicant's Motion for Summary Disposition Regarding NECNP Contention RERP-2:
The motions for summary disposition on the other contentions should be denied. FEMA has identified unresolved issues of fact within the scope of those contentions. Pertinent unresolved matters which have been identified to date are set forth in the attached " Affidavit of Edward A. Thomas in Opposition to Certain Motions for Summary Disposition."
since FEMA is unable at this time to make the required findings of fact required by 10 C.F.F . I 50.47(a)(2), on the adequacy of the relevant aspects of the Seabrook Station Emergency Off-Site Plan ,
summary disposition of these contentions cannot now be granted.
CONCLUSION For the reasons more fully et forth above and in the attached affidavits of Edward A. Thoma o , 'he Licensing Board should grant the motions for summary disposition of Town of Kensington Contentions 2, 4 and 10; Town of South Hampton Contentions 1 and 6; Town of Hampton Falls Contention 4 and NECNP Contention RERP-2. As to all the remaining contentions, the motions for summary disposition should be denied.
Respectfully submitted, m ~
Elaine I. Chan Counsel for NRC Staff Dated at Bethesda, Maryland this 15th day of April,1987 i
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