ML20207B610
| ML20207B610 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/11/1986 |
| From: | Perlis R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#386-999 OL, NUDOCS 8607180128 | |
| Download: ML20207B610 (6) | |
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300 00CMETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION M JUL 15 P2:19 BEFORE THE ATOMIC SAFETY AND LICENSING BOASQ EOCYT NGshlyf*
BRANCst In the Matter of
)
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443 OL NEW HAMPSHIRE, et _al.
)
50-444 OL (Seabrook Station, Units 1 and 2)
)
NRC STAFF RESPONSE TO TOWN OF HAMPTON REQUEST FOR HEARING 4
i On November 4,1985, the Licensing Board issued an Order reopening the record on certain of the onsite emergency planning and safety contentions that were the subject of hearings held in August of 1983.
That Order called for the submission of additional material by the NRC Staff and Applicants, and further noted that We have reviewed the record and have concluded that the record needs to be reopened for the' limited purpose of supplementation.
It is not our intention, and we will not permit the retrying of issues I
heard before the closing of. the record on August.23,1983.
After a prehearing conference, and after discovery, if any, a supplementary j
hearing will be ordered to take evidence on the above-identified matters pertaining to [the three contentions litigated in August of i
l 1983] which involve significant health and safety issues, and which were not previously ripe for hearing.
Order at 2-3 (emphasis added).
The last of the additional material called for in the Board's Order was supplied by the Staff on June 11, 1986.
Applicants thereupon filed a motion on June 17, 1986 requesting that the Board ask the other parties to indicate with specificity whether they believe the supplemental filings raise new issues for which hearings l
j 8607180128 860711 PDR ADOCK 05000443 PDR
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. should be held.
Applicants also requested that the Board thereafter close the record and issue a low-power license.
On June 23, 1986, the Town of Hampton filed a request for a hearing on the onsite emergency planning and safety issues, and further requested that the Board reject any application for a low-power license until it had provided a " complete and meaningful opportunity [to] the parties to fully explore the substantial safety risks, as addressed in the pending contentions, particularly in view of the recent Chernobyl accident."
The Staff herein responds to the Town's request.
It should be pointed out at the outset that the Staff agrees with the procedures proposed by the Applicants in their motion of June 17, 1986.
See Staff Response of July 7, 1986.
If further hearings are to be held, the Staff believes the Board should require any party desiring such a hearing to indicate with some specificity why cross-examination is necessary to resolve an issue involving the material submitted by the Applicants and Staff that relates to one of the admitted contentions.
If a party seeks to raise any other issues, it should either file a motion to reopen or a motion for a new contention.
Although the Town of Hampton was not an active participant in the earlier round of hearings, the Staff would not object to the Town's participation in any further hearings that may be held.
However, the Town has failed to identify any issues in its motion that fall within the prcper bounds of the reopening.
As the Board noted in its Order of November 4, 1985, the reopening was to be limited in nature.
In its motion, the Town does no more than assert a general desire to have a hearing, combined with vague allusions to Chernobyl.
No specific
. information is provided that relates to either the material submitted by the Applicants and Staff in response to the Board's Order of November 4, 1985 or to the three contentions themselves that were the subject of that Order. Under the circumstances, the Town has not demonstrated that cross-examination would serve any useful purpose. Its motion for a hearing should therefore be denied.
Respectfully submitted Robert G. Perlis Counsel for NRC Staff Dated at Bethesda, Maryland this lith day of July,1986 t
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v UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 1
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443 OL-1 NEW HAMPSHIRE, et al.
)
50-444 OL-1
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On-site Emergency Planning 4
(Seabrook Station, Units 1 snd 2)
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and Safety Issues CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO TOWN OF HAMPTON REQUEST FOR HEARING" in the above proceeding have been served on the following by deposit in the United State mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this lith day of July,1986.
f i
Sheldon J. Wolfe, Chairman
- Dr. Emmeth A. Luebke*
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board i
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Jerry Harbour
- Carol Sneider Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor Washington, D.C.
20555 Boston, MA 02108 Beverly Hollingworth Stephen E. Merrill 209 Winnacunnet Road Attorney General Hampton, NH 03842 George Dana Bisbee Assistant Attorney General Sandra Gavutis, Chairman Office of the Attorney General Board of Selectmen 25 Capitol Street RFD 1 Box 1154 Concord, NH 03301-6397 Keneington, NH 03827 Richard A. Hampe, Esq.
New Hampshire Civil Defense Agency 107 Pleasant Street i
Concord, NH 03301 l
4
Calvin A. Canney, City Manager Allen Lampert City Hall Civil Defense Director 126 Daniel Street Town of Brentwood Portsmouth, NH 03801 20 Franklin Street Exeter, NH 03833 Roberta C. Pevear State Representative Angie Machiros, Chairman Town of Hampton Falls Board of Selectmen Drinkwater Road 25 High Road Hampton Falls, NH 03844 Newbury, MA 09150 Mr. Robert J. Harrison Jerard A. Croteau, Constable President and Chief Executive Officer 82 Beach Road, P.O. Box 5501 Public Service Co. of New Hampshire Salisbury, MA 01950 P.O. Box 330 Manchester, NH 03105 Diane Curran, Esq.
Harmon & Weiss Robert A. Backus, Esq.
2001 S Street, N.W.
Backus, Meyer a Solomon Suite 430 116 Lowell Street Washington, D.C.
20009 Manchester, NH 03106 Edward A. Thomas Philip Ahrens, Esq.
Federal Emergency Management Agency Assistant Attorney General 442 J.W. McCormack (POCH)
Office of the Attorney General Boston, MA 02109 State House Station, #6 Augusta, ME 04333 H.J. Flynn, Esq.
Thomas G. Dignan, Jr., Esq.
Assistant General Counsel Ropes a Gray Federal Emergency Management Agency 225 Franklin Street 500 C Street, S.W.
Boston, MA 02110 Washington, D.C.
20472 Jane Doughty Atomic Safety and Licensing Seacoast Anti-Pollution League Board
- 5 Market Street U.S. Nuclear Regulatory Commission Portsmouth, NH 03801 Washington, D.C.
20555 i
Atomic Safety and Licensing Paul McEachern, Esq.
Appeal Panel
- Matthew T. Brock, Esq.
U.S. Nuclear Regulatory Commission Shaines a McEachern Washington, D.C.
20555 25 Maplewood Avenue P.O. Box 360 Portsmouth, Nll 03801 l
d -.
Docketing and Service Section*
William ~ Armstrong Office of the Secretary Civil Defense Director U.S. Nuclear Regulatory Commission Town of Exeter Washington, D.C.
20555 10 Front Street Exeter, NH 03833 Maynard L, Young, Chairman Board of Selectmen Peter J. Matthews, Mayor 10 Central Road City Hall Rye, NH 03870 Newburyport, MA 09150 Michael Santosuosso, Chairman William S. Lord Board of Selectmen Board of Selectment South Hampton, NH 03827 Town Hall - Friend Street Amesbury, MA 01913 Mr. Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairman Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 i
R. K. Gad III, Esq.
Gary W. Holmes, Esq.
Ropes a Gray Holmes & Ellis 225 Franklin Street 47 Winnacunnet Road Boston, MA 02110 Hampton, NH 03842 Judith H. Mizner, Esq.
Silverglate, Gertner, Baker Fine and Good 88 Broad Street Boston, MA 02110 Robert G. Perlis Counsel for NRC Staff l
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