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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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Text
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. . I December 31,.1986 00LKETED US!!RC UNITED STATES NUCLEAR REGULATORY COMMISSION,87 JM -5 P3 :08 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD GFFIE > -
i 00 Chip,' P
)
In the Ma tter of )
)
Public Service Company of )
New Hampshire, et al. ) Docket Nos. 50-443 OL
) 50-444 OL (Seabrook Station, Units 1 & 2) ) OFFSITE EMERGENCY
) PLANNING
)
NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S OBJECTION TO AND MOTION FOR RECONSIDERATION OF LICENSING BOARD'S a
MEMORANDUM AND ORDER OF DECEMBER 23, 1986 j On December 18, 1986, Applicants filed a Pe tition Under 10 1
CFR 2.758 and 10 CFR 50.47(c) with Respect to the Regulations Requiring Planning for a Plume Exposure Pathway Emergency Plan- '
ning Zone in Excess Of A One-Mile Radius, which requested a reduction in the size of the Seabrook Emergency Planning Zone
("EPZ") from ten to one mile in radius. Cn December 22, 1986, in response to Applicants' petition, NECNF and other intervenors jointly requested the Commission to assign the Chief Judge of the Atomic Safety and Licensing Board to hold adjudicatory hearings
{ ,
on the disposition of Applicants' petition.1
, The following day, the Licensing Board issued an order sua sponte r eq61 ring the sub-
- mission of all responses to Applicants' petition by ' January 27, 1987. The Board apparently plans to rely on af fidavits from the 4
i.
1 Joint Petition for Appointment of Administrative Judge and Request for Hearing. By order of December 24, 1986, the Commis-sion referred the petition to the Chief Administrative Judge.
8701090582 861231 PDR ADOCK 05000443 O PDR .,
_ __ _ _ _ . _ _ = - _ _ - _ . - - _ _ _ . _ - . . . - _ _ _ _ - - _ . - - . - . - - - - _ - _ _ _ - _ - _ _ . _ -
parties in considering the merits of Applicants' petition, as provided by 10 CFR S 2.78S(b) .
NECNP objects to the Licensing Board's order and requests !
that the Board reconsider its ruling in the following respects:
- 1) NECNP requests that the Board withdraw its order and defer all action on Applicants' petition until the Chief Judge of the Atomic Safety and Licensing Board has ruled on "Intervenors' Joint Petition for Appointment of Administrative Judge and Request for Hearing," which the Commission referred to the Chief Judge by order of December 24, 1986. It is NECNP's position that because of the petition's unprecedented nature, the complex tech-nical and legal issues of first impression that are presented, and the extraordinary potential impact on emergency planning for Seabrook and other plants, it should be handled by the Chief Judge of the Licensing Board.
- 2) In the event that this Board retains jurisdiction over Applicants' petition, NECNP objects to the didposition of Applicants' petition by affidavit and oral argument, and requests a formal adjudicatory hearing as guaranteed by the Atomic Energy Act, 4 2 U. S.C. S 2239(a). As the court held in Uni ~on of Con-cerned Scientists v. U.S. Nuclear Regulatory Commiss' ion, 735 F.2d 14 37, 14 4 3 (D. C. Ci r. 1984), once a licensing proceeding is com-menced, it must encompass all issues that are material to the issuance of the license. The Commission has no authority under the law to shunt these particular issues material to Applicants'
1 operating license application -- upon which, it is clear, the licensing of the plant will stand or fall -- into an informal proceeding in which no opportunity for discovery or cross-examination is provided.
NECNP realizes that its position may contradict the Commis-sion's policy with respect to procedures for obtaining regulatory.
waivers, as outlined in 10 CFR S 2.785. If the Board finds that it is constrained f rom of fering an adjudicatory hearing on Applicants' petition under the requirements of 10 CFR S 2.785, NECNP requests that the Board immediately certify this issue of interpretation of the Atomic Energy Act to the Commission.
- 3) Even if the offer of an opportunity to file counter-affidavits and present oral argument on Applicants' petition could be found to satisfy the hearing requirements of the Atomic Energy Ac t, the schedule established by the Licensing Board does not provide NECNP with a remotely meaningful opportunity to respond to Applicants' petition.
First, the schedule is so compressed as to allow virtually I no time for the review of and preparation of responses to Applicants' extensive and complex submittal. The Licensing Board has allowed intervenors only one month to respond to a series of documents and positions that it has- taken the NRC and its con-tractors many months to preliminarily review. Th e N RC Staf f and Brookhaven Na tional Laboratory, whose assistance cost the tax- ;
payers $240,000, took four months to perform what Brookhaven con- !
II J- m- - imsam + d -g 4 (_
. I cedes to be an extremely limited review of the Risk Management and Emergency Planning Study and Emergency Planning Sensitivity
- Study. In addition, the NRC, Brookhaven, and Lawrence Livermore Laboratories took many more months to review the Probabilistic Safety Assessment that was submitted by Public Service Company in 1983.2 In light of the time and resources needed by the NRC Staff to perform even a limited review of these documents, the extraor-i dinarily restricted schedule established by the Board for inter-j venor responses does violence to the concepts of fairness and balance in providing an opportunity to make a meaningful contri-
! bution to the record. "When parties to an action are not permitted to prepare their case, the fundamental fairness of the administrative process is called into question." Cuomo v. U.S.
l l Nuclear Reaulatory Commission, No. 84-1264, slip op. at 5 (D.C.D.C., April 25, 1984). The Board is required by basic tenets of due process of lad to establish a s'chedule that allows l
l i
2 None of these documents were considered licen ing documents, I and thus there was no reason for NECNP to review them before Applicants' petition was filed. In fact, until September of 1986, Applicants refused to send the parties copies of the Risk l Management and Emergency Planning Study and Emergency Planning i
Sensitivity Study on the ground that they did not constitute l licensing documents and therefore were not required to be served on the parties. Moreover, throughout the process of preparing and reviewing the risk management and emergency planning sensitivity studies, Applicants studiously avoided making any formal request for a waiver from the regulations -- thus depriv-ing NECNP of the opportunity of requesting discovery on the docu-ments.
f 5-
- a balanced opportunity for intervenors to retain consultants, j review this massive record, conduct a meaningful evaluation, and 4
prepare a response.
Moreover, the Board's failure to provide intervenors with an opportunity for discovery against Applicants and the NRC Staff
- deprives NECNP of its due process right to make a meaningful con-tribution to the hearing record. Applicants' petition is based in large part on a. sudden change in their evaluation of the
! strength of the Seabrook containment. This change in position involves complex technical analyses of plant behavior and acci-dent consequences, which are manifested in the manipulation of hundreds of assumptions contained in numerous computer codes, i Moreover, Applicants' petition and the reviews conducted by the 1
j NRC are heavily dependent on expert opinions regarding the risks .
of severe accidents at the Seabrook plant. It is vitally impor-
! tant that the Licensing Board provide some opportunity for dis-4 covery to discern the basis.for the change in Applicants' posi-
! tion and the basis for its and the NRC Staff's opinions.
J j
In addition, it would be irresponsible and.' legally unsup-portable for this Board to decide such a weighty and f ar-reaching question as whether the size of the Seabrook Emergency Planning Zone could be reduced by a factor of ten, without taking a close and searching look at the basis for Applicants' petition. That close look cannot be afforded.by the simple review of conflicting i
affidavits, where no opportunity has been afforded to probe the 1
____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . . _ _ _ _____._____.__.________.__.________._______________._____.__._.___.________s m_
F
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basis for Applicants' sudden change in its position regarding the i strength of the Seabrook containment.
For these reasons, NECNP objects to the schedule established j by the Board and requests a period of time sufficient to respond to the petition, including time for discovery against Applicants and the NRC Staf f. The parties are entitled under the law to no less.
l
- 4) NECNP proposes the following as a reasonable schedule for the resolution of the issues presented by Applicants' waiver petition:
l Discovery January 1 - May 1, 1987 i Direct testimony due July 1 i
Rebuttal testimony due August 1 ,
i l Ad jud icatory hearings commence September 15 --
Respectfully submitted,
'1 Ok Diane Curran HARMON & WEISS 2 001 "S" St r ee t .N .W. Suite 430 Washington, D.C. 20009 i
December 31, 1986 (202) 328-3500 l
l l
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CERTIFICATE OF SERVICE M g titp
'";N H I certify that on December 31, 1986, copies of NECNP'S REPLY TO NRC STAFF'S RESPONSE TO NECNP'S CONTENTIONS ON THE.g W HAMPSHIRE STATE AND LOCAL RADIOLOGICAL EMERGENCY RESP @SDhLNbSP3 I :08 and OBJECTION TO AND MOTION FOR RECONSIDERATION OF LICENSING BOARD'S MEMORANDUM AND ORDER OF DECEMBER 23, 1986 wergrserved on y the following by first-class mail or as otherwise indikated: e . avia M A Ns
- Helen F. Hoyt, Chairman Rep. Ro ber ta C. Pevear Atomic Safety and Licensing Board Drinkwater Road U.S. Nuclear Regulatory Commission Ha mp ton, Fa lls, NH 03844 Washington, D.C. 20555 Phillip Ah rens, Esq.
- Dr. Jerry Harbour Assistant At torney General Atomic Sa fety and Licensing Board State House, Station # 6 U.S. Nuclear Regulatory Commission Augusta, ME 04333 Washington, D.C. 20555
- *Th oma s G . Dignan, Esq.
- Dr. Emmeth A. Lu ebke .R.K. Gad II, Es q .
4 Atomic Safety and Licensing Board Ropes & Gray U.S. Nuclear Regulatory Commission 225 Franklin Street Washington, D.C. 20555 Boston, MA 02110 Atomic Safety and Licensing Board Ro be r t A . Ba ck us , Es q .
Panel Backus, Meyer & Solomon l U.S. Nuclear Regulatory Commission 111 Lowell Street I
Washington, D.C. 20555 Manchester, NH 03105 i Atomic Sa fety and Licensing Appeal
- Ro be r t G . Perlis, Esq.
Board Panel Sherwin E. Tu t k , Es q .
1 U.S. Nuclear Regulatory Commission Office of the Executive Legal Washington, D.C. 20555 Director U.S. Nuclear Regulatory Commission Cocketing and Service Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Angie Machiros, Chairman Board of Selectmen Mrs. Anne E. Goodman Newbury, MA. 01950 Board of Selectmen -
13-15 New Ma rket Road H. Joseph Flynn, Esq.
Durham, NH 03842 Of fice of General Counsel Federal Emergency Management Agency William S. Lo r d , Selectman 500 C Street S.W.
Town Hall -- Friend Street Warhington, D.C. 20472 Amesbury, MA 01913 George Dana Bisbee, Es q .
Jane Doughty Stephen E. Me r r ill, Esq.
SAPL Of fice of the Attorney General 5 Market Street State House Annex Portsmouth, NH 03801 Concord, NH 03301 l
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Ca rol S . Sneider, Esquire Allen Lampert Assistant At torney General Civil Defense Director Department of the Attorney General Town of Br entowood 1 Ashburten Place,19th Floor Exeter, NH 03833 Boston, MA 02108 Richard A. Harpe, Esq.
Stanley W. Knowles Hampe and McNicholas Board of Selectmen 35 Pleasant Street P.O. Box 710 Concord, NH 03301 Nor th Hamp ton, NH 03826 Gary W. Ho lme s , Esq.
J.P. Na de a u , Se lectma n Holmes & Ellis Town of Rye 47 Winnacunnent Road 155 Washington Road Hampton, NH 03842 Rye, New Hampshire 03870 William Armstrong Richard E. Sullivan, Mayor Civil Defense Director l City Hall 10 Fr ont St reet i Newburyport, MA 01950 Exeter, NH 03833 l
Alfred V. Sa rgent, Chairman Calvin A. Ca nney Board of Selectmen City Manager Town of Salisbury, MA 01950 City Hall 126 Daniel Street Senator Gordon J. Hump hrey Portsmouth, NH 03801 U.S. Se na te Washington, D.C. 20510 Matthew T. Br ock , Esq.
(Attn. Tom Burack) Shaines & McEachern P.O. Bo x 3 6 0 Selectmen of Northampton Maplewood Ave. -
No r thamp ton, New Hampshire 03826 Portsmouth, NH 03801 Senator Gordon J. Hump h rey Edward A ." Thomas 1 Pillsbury Street Federal Emergency Management l Concord, NH 03301 i Agency
- 4 4 2 J. W. McCo rmack ( POCH)
Michael Santosuosso, Ch airman Boston, MA- 02109 Board of Selectmen
- Jewell Street, RFD # 2 Sandra Gavutis South Hampton, NH 03842 Town of Kensington RFD 1 Box 1154-Judith H. Mizner, Es q . East Kensingtoh, NH 03827 Silverglate, Ge r tner, et al.
Boston, MA 02110 Diane Curran
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