ML20207C943

Objection & Motion to Reconsider Schedule on Applicant Petition to Reduce Size of Emergency Planning Zone. Certificate of Svc Encl

ML20207C943
Person / Time
Site:	Seabrook
Issue date:	12/29/1986
From:	Brock M, Mceachern P SHAINES & MCEACHERN, SOUTH HAMPTON, NH
To:	Atomic Safety and Licensing Board Panel
References
CON-#486-2010 OL, NUDOCS 8612300284
Download: ML20207C943 (7)

Text

?_o/ d UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOL'KETED BEFORE THE ATOMIC SAFETY AND LICENSYNN# BOARD 6 Dec 29 P5 01 In the matter of.

PUBLIC SERVICE COMPANY OF DocXet:No. 50-443-OL NEW HAMPSHIRE, et al DOCE

50-444-OL Seabrook Station, Units 1 and 2 TOWN OF HAMPTON OBJECTION AND MOTION TO RECONSIDER SCHEDULE ON APPLICANTS' PETITION NOW COMES the Town of Hampton and objects to, and asks this Board to reconsider and amend, its order, which establishes a deadline of January 27, 1987, for filing affidavits and supporting materials in opposition to Applicant's petition to reduce the size of the EPZ.1 In support of this objection, the Town of Hampton states:

1. On December 19, 1986, the Town was served with copies of Applicants' petition, including affidavits and supporting materials, seeking a reduction of the EPZ from ten miles to one mile.

2. On December 22, the Town of Hampton, filed with the Commission and with this Board a petition to appoint Chief Administrative Law Judge Paul Cotter to preside over all matters arising out of Applicants petition.

3. On December 23, 1986, this Board established a deadline of January 27., 1987, for filing objections and opposing affidavits on Applicants' petition.

The Town was notified by telephone of this deadline.

4. This Board's deadline is premature and should await a ruling by the Commission on Intervenors' petition to appoint Chief Judge Cotter to preside over review of Applicants' petition.

SEE APPLICANTS' PETITION UNDER 10 CFR SECTION 2.758 10 CFR SECTION 50.47(c) WITH RESPECT TO THE REGULATIONS REQUIRING PLANNING l'OR A PLUME EXPOSURE PATHWAY EMERGENCY PLANNING ZONE IN EXCESS OF A ONE MILE RADIUS.

8612300284 B61229 PDR ADOCK 05000443 G

PDR

$HA!NES Em DAcEACHERN - PROFES$40NAL AS500ATION 2$ MAPLEWOOD AVENUE P O Box 360 PORT 5MOUT.4 N H 03ect

5. The deadline established by this Board, providing approxi-mately one month to respond to Applicants' technically based petition, is wholly unreasonable.

The NRC staff itself has had approximately six months to review the technical basis for Applicants' petition, and to discuss same with the Applicant at meetings and hearings con-ducted since July.

Typically, these meetings were held in Washington, D.C.,

or up-state New York, where most Intervenors to this proceed-ing could not reasonably be expected to attend.

6. Applicant has publicly stated that the purpose of the petition is to eliminate the Commonwealth of Massachusetts from emergency planning for Seabrook.

The petition also would eliminate fifteen of the seventeen New Hampshire towns within the ten mile EPZ, including the Town of Hampton, currently entitled to emergency s

planning protections.

7. This Board's unreasonably stri7t and severe deadline will deny the Town of Hampton a reasonable opportunity for review, com-ment, hearing, and other due process protections to ensure a full t

and fair opportunity for review of Applicants' petition.

j t

WHEREFORE, the Town of Hampton respectfully requests this i

Board to reconsider, and hold in abeyance, its order pending a ruling l

1 from the Commission on Intervenors' petition to appoint Chief Justice l

Cotter.

Alternatively, in the event this Board declines to so hold this order in abeyance, the Town of Hampton would request this Board to convene a pre-hearing conference on or about January 27 for pur-poses of preliminary discussion of Applicants' petition and to establish a schedule of further events at that time.

Pending the pre-hearing conference, all other proceedings on Applicants' petition should be stayed.

4 Respectfully submitted, SHAINES & Mc CHERN Attorneys the Town of H, pton l

By:

f, l

Paul McEachern i

i

\\

(-

By:

Matthew T.

Brock s

5 i

The undersigned represents that the Seacoast Anti-Pollution l

League joins in this objection and motion.

5

\\

N ic Matthew T.

Brock ssAines c. McEACHERN. PROFT55cNAL ASSOCIATION

_._._.0_1__

UNITED STATES OF AMERICA 00tKETED NUCLEAR REGULATORY COMMISSION NC BEFORE THE ATTOMIC SAFETY AND LICENSIMG,BQARt9 PS.01 oo ULO In the Matter of GF F!'...

r PUBLIC SERVICE COMPANY OP DOCKET NOS. Ste4434 0L NEW HAMPSHIRE, et al.

50-444'OL (Seabrook Station, Units 1 and 2)

CERTIFICATE OF SERVICE I hereby certify that copies of TOWN OF HAMPTON OBJECTION AND MOTION TO RECONSIDER SCHEDULE ON APPLICANTS' PETITION in the above-captioned proceeding have been served on the following by deposit in the United States mail, or as otherwise indicated, on the 24th day of December, 1986.

Helen Hoyt, Esq., Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission East West Towers Building Fourth Floor 4350 East West Highway Bethesda, MD 20814 Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Emmeth'A. Luebke Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 5HAINES is MctEACHERN PMorE5540NAL A5500AtcN 25 MAPLEWOOD AVENUE P O DOX 3ec PORTSVOUTH N H Otrot

b I

i lAtomicSafetyandLicensingAppeal Board Panel U.S. Nuclear Regulatory Commission l Washington, D.C. 20555 lDocketingandService U.S. Nuclear Regulatory Commission lfWashington,D.C.

4 20555 Mrs. Anne E. Goodman Board of Selectmen 13-15 Newmarket Road Durham, NH 03842 William S. Lord, Selectman i

Town Hall 1

Friend Street Amesbury, MA 01913 Jane Doughty Seacoast Anti-Pollution League 5 Market Street

(

Portsmouth, NH 03801

\\

l Rep. Roberta C. Pevear Drinkwater Road Hampton Falls, NH 03844 Philip Ahrens, Esq.

Assistant Attorney General Office of the Attorney General State House Station 6 Augusta, ME 04333 Thomas G. Dignan, Esq.

R.K. Gad II, Esq.

Ropes & Gray 225 Franklin Street Boston, MA 02110 Robert A. Backus, Esq.

Backus, Meyer & Solomon 111 Lowell Street Manchester, NH 03105 Robert G. Perlis, Esq.

Sherwin E. Turk, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commiscion Tenth Floor 7735 Old Georgetown Road Bethesda MD 20814 2

s-aints vaoaicas a uc cacetas..--i..e.

.mc...

e yac # A vr ag t % r en use e se ene** men s.e e

Mr. Angie Machiros, Chairman Board of Selectmen Newbury, MA 01950 f H. Joseph Flynn, Esq.

Office of General Counsel Federal Emergency Management Agency 500 C Street, S.W.

Washington, D.C.

20472 George Dana Bisbee, Esq.

Stephen E. Merrill, Esq.

Office of the Attorney General State House Annex Concord, NH 03301 Carol S. Sneider, Esq.

Assistant Attorney General Department of the Attorney General one Ashburton Place 19th Floor Boston, MA 02108 Stanley W. Knowles Board of Selectmen P.O. Box 710 North Hampton, NH 03826 J.P. Nadeau, Selectman Town of Rye 155 Washington Road Rye, NH 03870 Richard E. Sullivan, Mayor City Hall.

Newburyport, MA 01950 Alfred V. Sargent, Chairman Board of Selectmen Town of Salisbury, MA 01950 Senator Gordon J. Humphrey U.S. Senate Washington, D.C.

20510 (Attn. Tom Burack)

Michael Santosuosso, Chairman Board of Selectmen Jewell Street RFD 2 South Hampton, NH 03842 3

5H AiNES M ADRIG AN a McE ACHERN e.oetse o%a6 as+oceavo%

.... r w ec %.see e c.o.

e-.,.+..-

.. s,

,-4

l 1

1 Allen Lampert

!CivilDefenseDirector Town of Brentwood f Exeter, NH 03833 llRichardA.Hampe, Esq.

i Hampe and McNicholas j 35 Pleasant Street Concord, NH 03301 Gary W. Holmes, Esq.

Holmes & Ellis 47 Winnacunnet Road Hampton, NH 03842 William Armstrong Civil Defense Director 10 Front Street Exeter, NH 03833 Calvin A. Canney City Manager City Hall 126 Daniel Street Portsmouth, NH 03801 Edward A. Thomas Federal Emergency Management Agency 442 J.W. McCormack (POCH)

Boston, MA 02109 Sandra Gavutis Town of Kensington RFD 1, Box 1154 East Kensington, NH 03827 Charles P. Graham, Esq.

McKay, Murphy & Graham 100 Main Street Amesbury, MA 01913 4

$M AINES M ADRiC, AN & McEACHERN - poortstoNAL 65%ocu*cas a ute eww? ast % t oc an.

,a - rep %em n.

a,- e so -

1-Y

1. Diane Curran, Esq.

Harmon & Weiss i 2001 S Street N.W.

Suite 430 l

i Washington, D.C..

20009-1125 l

i N

l'-Q g

(s\\

Matthew T. Brock a

1 t

I t

i k

t 1

I l

e i

I 1

I i

l 5

i t

i t

SH AINES M ADRIG AN A Mc EACHERN **ertssc%46 associatc%

e ver twc r i re e ra em is e

• e +e. *

• 6

.e e.

,-.--.r--~.---v,-...

,,.-yw,--,-,,y.

r

,y-~-,y, i-,--,,.---mm

_. - ~ -

-,y r

9-w-r-----,-m-nw ur w-y e