ML20207P733

Atty General Fx Bellotti Motion for Extension of Time for Filing Answer to Applicants Petition Under 10CFR2.758 & 50.47(c).* Order Re ALAB-853 & Certificate of Svc Encl

ML20207P733
Person / Time
Site:	Seabrook
Issue date:	01/13/1987
From:	Bronstein D MASSACHUSETTS, COMMONWEALTH OF
To:	Harbour J, Hoyt H, Leubke E Atomic Safety and Licensing Board Panel
References
CON-#187-2210 ALAB-853, OL, NUDOCS 8701200141
Download: ML20207P733 (7)

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DOCKETED UNITED STATES OF AMERICA (ISNiiC NUCLEAR REGULATORY COMMISSION

'87 JAN 14 P2 :00 Before Administrative Judges:

Helen F. Hoyt, Chairperson -

U-Emmeth A. Luebke 6FF'Tiiis 00Ch i Jerry Harbour  :.iU li?

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In the Matter of )

)

PUBLIC SERVICE COMPANY OF NEW ) Docket Nos.

HAMPSHIRE, ET AL. ) 50-443/444-OL (Seabrook Station, Units 1 and 2) ) (Off-Site EP)

) January 13, 1987

)

ATTORNEY GENERAL FRANCIS X. BELLOTTI'S MOTION FOR EXTENSION OF TIME FOR FILING ANSWER TO APPLICANTS' PETITION UNDER 10 C.F.R. S 2.758 AND 10 C.F.R. S 50.47(c)

Attorney General Francis X. Bellotti moves for an extension of time in which to file his Answer to the Applicants' Petition Under 10 C.F.R. S 2.758 And 10 C.F.R. S 50.47(c) With Respect to The Regulations Requiring Planning For a Plume Exposure Pathway Emergency Planning Zone in Excess of a One-Mile Radius

(" Applicants' Petition"). In support of this Motion, Attorney General Bellotti avers:

(1) The Applicants' Petition was served on the Attorney General on December 19, 1986. On December 23, 1986, the Board ordered all parties to file responses in-hand no later than January 27, 1987.

(2) On December 30, 1986, Attorney General Bellotti filed his Objection and Motion for Reconsideration of December 23, 1986 Order Setting Schedule for Applicants' Petition. In that 0701200141 870113 hjo3 y

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.' '. ', I pleading, the allegations of which are incorporated herein by reference, Attorney General Bellotti requested additional time to file his Answer to the Applicants' Petition due to the complex technical and legal issues raised by that Petition and the demands of the schedule previously ordered for litigation of the New Hampshire emergency response plans.1! The Attorney General attached to his Object' ion and Motion for Reconsideration affidavits from two experts stating that they would require at least six months to prepare adequate counter-affidavits.

(3) On January 7, 1987, this Board denied the motions for reconsideration filed by the Attorney General, the Town of Hampton, NECNP, and the NRC Staff.

(4) On January 9, 1987, the commission ordered review of ALAB-853 and set an expedited briefing schedule. That schedule provides that any party advocating revision of ALAB-853 (which includes Attorney General Bellotti and other intervenors) may file its brief by January 21, 1987 and its reply brief by February 3, 1987. See Order of Commission, January 9, 1987, attached hereto as Exhibit 1.

(5) Recognizing the impact which this expedited briefing schedule has on other aspects of the litigation, the Commission suggested that:

1/ Although this Board entered an order on January 9, 1987 modifying the schedule for litigation of New Hampshire plans, the additional time which the Board has given itself for ruling on contentions must be used by the parties to prepare for discovery and does not lessen the need for an extension of the January 27 deadline.

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The Licensing Boards,.may, of course, make any necessary adjustments to their. schedules that fairness dictates to accommodate the Commission's expedited briefing schedule.

(6) The importance of the issue pending before the Commission necessitates considerable time and effort to prepare a brief which will address issues of " law or policy" of first impression. See Order of Commission, page 1.

(7) The time necessary to prepare a brief for the Commission makes it extremely difficult, if not impossible, to prepare an adequate response to the Applicants' Petition by January 27, 1987.

WHEREFORE, for the reasons stated above and in his previously-filed Objection and Motion for Reconsideration, Attorney General Bellotti requestr. an extension of time of at least three weeks 2

/ for the filing of his Answer.

Respectfully submitted, FRANCIS X. BELLOTTI By: Lh , < /,-/ / , ,4 r , . . .$ . . '

Donald S. Bronstein Carol S. Sneider Assistant Attorneys General Environmental Protection Division Department of the Attorney General One Ashburton Place, Room 1902 Boston, MA 02108 (617) 727-2265 Dated: January 13, 1987 2/ This request for a three week extension is based soley on the time required for the filing of the brief and reply brief for the Commission. The Attorney General still contends that it will require at least six months for the submission of counter-affidavits from experts.

EXHICIT 1 yo-UNITED STATES OF AMERICA NUCLEAR REGULATORY COM4ISSION 87 JAN -9 P4 :23 COP 911SSIONERS:

Wa e a

Lando W. Zech, Jr., Chairmin SOCnii j, Thomas M. Roberts James K. Asselstine Frederick M. Bernthal Ken: nth M. Carr

. SERVED JAN 0 91987

)

In the Matter of )

) Docket Nos. 50-443-OL-1 PUBLIC SERVICE COMPANY OF ) 50-444-OL-1 NEW HAMPSHIRE, ET AL. ) (Onsite Emergency Planning

) and Safety Issues)

(Seibrook Station, Units 1 )

and 2)

ORDER The Corsnission his decided to review ALAB-853 sui sponte to consider a single issue: whether as a matter of law or policy a utility applicant should be required to submit a radiological emergency plan (either a governmental plan or a utility plan) for the entire emergency planning zone (EPZ) for the facility before any operating license may be issued. The Commission specifically notes that our taking review does not indicate any position on the merits of the issue. Since the Appeal Board's l interpretation of 10 C.F.R. 50.33(g) in ALAB-853 would be subject to being l modified or overruled by the Commission, we view it as appropriate to resolve the issue now so that i decision on low power licensing can be made with Connission guidance in hand. It is undeniable that this matter engages broad public concern. Accordingly we find that the Commission O Ch l.l 3 G O k h l

l l

y-y T itself properly should consider and deliver the final egency decision on this issue and should do so before any low power license is issued.

In light of the appellate record already made on the interpretation of 10 C.F.R. 50.33(g) before the Appeal Board, the Commission does not require briefs at this time. However, the following pennissive briefing schedule is established for any party who wishes further to develop before the Comission its position on this issue. Page l'imits on filings are indicated in parentheses. All filings shall be served by hand or by overnight express.

By January 21, 1987, any party, including staff if applicable, advocating revision of ALAB-853 may file. (20 pages) l By January 27, 1987, any party, including staff if applicable, advocating upholding ALAB-853 may file a response. (20 pages)

By February 3,1987, any party, including staff if applicable, advocating revision of ALAB-853 may file a reply. (10 pages)

The Licensing Boards may, of course, make any necessary adjustments to their schedules that fairness dictates to accommodate the Comission's expedited briefing schedule.

The Commission by this order stays the Director of Nuclear Reactor Regulation (NRR) from authorizing low power operations at the Seabrook facility until the Commission's review is complete.

Commissioner Carr disapproved this order and would not have taken review.

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-3 It 15 so ORDERED. .

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or the 0*i SS I

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...- @gg hsu s w twe co=iS5soo mted at this 9th , 1987.

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y DOCVETEP UNITED STATES OF AMERICA U HiPJ NUCLEAR REGULATORY COMMISSION

'87 JAN 14 P2 :00

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In the Matter of ) hyCN! , ,,

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PUBLIC SERVICE COMPANY OF NEW ) Docket No.(s) 50-443/444-OL HAMPSHIRE, ET AL. )

(Seabrook Station, Units 1 and 2) )

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CERTIFICATE OF SERVICE I, Donald S. Bronstein, hereby certify that on January 13, 1987 I made service of the within document by mailing copies thereof, postage prepaid, by first class mail, or as indicated by an asterisk, by Federal Express mail, to:

• Helen F. Hoyt, Chairperson *Dr. Emmeth A. Luebke Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Third Floor Mailroom Third Floor Mailroom Bethesda, MD 20814 Bethesdn, MD 20814

• Dr. Jerry Harbour *Sherwin E. Turk, Esq.

Atomic Safety & Licensing Board Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Commission East West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814 H. Joseph Flynn, Esq. Stephen E. Merrill Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W. 25 Capitol Street Washington, DC 20472 Concord, NH 03301

• Docketing and Service Paul A. Fritzsche, Esq.

U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC. 20555 Augusta, ME 04333 Roberta C. Pevear Ms. Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A. Backus, Esq.

Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S. Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq. J. P. Nadeau Matthew T. Brock, Esq. Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Ms. Sandra Gavutis, Chairperson Mr. Calvin A. Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rre. 107 126 Daniel Street E. Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angelo Machiros, Chairman U.S. Senate Board of Selectmen Washington, DC 20510 25 High Road (Attn: Tom Burack) Newbury, MA 10950 Senator Gordon J. Humphrey Mr. Peter J. Matthews 1 Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 Mr. Donald E. Chick Mr. William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913

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Brentwood Board of Selectmen Gary W. Holmes, Esq.

RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahrens, Esq. Diane Curran, Esq.

Assistant Attorney General Harmon & Weiss Department of the Attorney Suite 430 General 2001 S Street, N.W.

State House Station #6 Washington, DC 20009 Augusta, ME 04333

• Thomas G. Dignan, Esq. Richard A. Hampe, Esq.

R.K. Gad III, Esq. Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W. McCormack (POCH)

Boston, MA 02109 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen .

Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director Atomic Safety and Licensing Town of Brentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Commission Exeter, NH 03833 Washington, DC 20555 Charles P. Graham, Esq. Judith H. Mizner, Esq.

McKay, Murphy & Graham Silvergate, Gertner, Baker, Old Post Office Square Fine, Good & Mizner 100 Main Street 88 Broad Street Amesbury, MA 01913 Boston, MA 02110

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Rep. Edward J. Markey, Chairman U.S. House of Representatives Subcommittee on Energy Conservation and Power Room H2-316 House Office Building Annex No. 2 Washington, DC 20515 Attn: Linda Correia

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Donald S. Bronstein Assistant Attorney General Environmental Protection Division Dated: January 13, 1987