ML20207Q315

Applicant Response to Intervenor Joint Motion for Leave to File Supplemental Opposition to Applicant Motion for Issuance of Partial Initial Decision Authorizing Low Power Operation.* W/Certificate of Svc

ML20207Q315
Person / Time
Site:	Seabrook
Issue date:	01/15/1987
From:	Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY
To:	Atomic Safety and Licensing Board Panel
References
CON-#187-2241 OL-1, NUDOCS 8701270155
Download: ML20207Q315 (7)

Text

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1/15/87 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the Sb Chi ATOMIC SAFETY AND LICENSING BOARD RN rv a c_

j.'n M c:y U+L c$ N c

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) 3 In the Matter of ) -

) A PUBLIC SERVICE COMPANY OF ) Docket Nos. 50-443-OL-1 NEW HAMPSHIRE, et al. ) 50-444-OL-1

)

(Seabrook Station, Units 1 and 2) ) (Onsite Emergency Planning

) and Safety Issues)

)

)

APPLICANTS' RESPONSE TO INTERVENORS*~

JOINT MOTION FOR LEAVE TO FILE SUPPLEMENTAL OPPOSITION TO APPLICANTS' MOTION FOR ISSUANCE OF PARTIAL INITIAL DECISION AUTHORIZING LOW POWER OPERATION Under date of January 9, 1987, Counsel for the New England Coa 11tien on Nuclear Pollution (NECNP) filec, on behalf -

l of NECNP, Seacoast Anti-Pollution League (SAPL), and The Commonwealtn of Massachusetts (hereinafter referred to as "Intervenors"), a Motion for Leave to File Supplemental Opposition to Applicants' Ho t i o ri for issuance of Partial Initial Decision Authori:ing Lon Power Operation. Appended to L this document was Intervenors' Joint Su ople mer, tal Opposition I

to Applicants' liction for Issuance of Partial initial Decision Authorizing Low Power Doeration. Tne thrust of tne f: ling is 00 43 S PDR p$O

to bring to the Board's attention the substance of an interview reported in The Boston Globe of December 23, 1986, given by a member of the NRC Staff concerning a Petition filed by the Applicants herein under 10 CFR 2.758 with the Licensing Board hearing the "Offsite Emergency Planning Issues" in this docket. In particular, the Intervenors focus upon that part of the report in The Globe which purports to quote the NRC Staff member as saying that in light of the 10 CFR 2.758 filing, the Staff "will go back and re-look at everythir.g we granted waivers on," and that the Staff "might change Cits3 mind."

Intervenors argue that this is new information which they should be allowed to argue to this Board at this time, and, more substantively, argue that the Staff's review of the matters referenced in the article might preclude the Director of Nuclear Reactor Regulation from making the findings he ic required to make under 10 CFR 50.57.

The rule is that befo e a low power license authorization is granted under 10 CFR 50.57(c) all that must be litigated to resolution before the presiding Atomic Safety and Licensi.sg Board are those issues which arise out of contentions admitted for litigation in the Operating License Proceeding before that Board wnich are relevant to the activity sought to be authorized. See Pacific Gas & Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 and 2), CLI-2

j . .

83-27, 18 NRC 1146, 1149-50 (1983); Pacific Gas & Electric Co.

(Diablo Canyon Nuclear Power Plant, Units 1 and 2), LBP-81-5, 13 NRC 226, 233 (1981). Intervenors have included ne showing that the matters discussed in The Globe article are in any way, shape, or form contained within the four corners of any contention which has been admitted for litigation in this proceeding. Indeed, we are aware of no case where any of these Intervenors have ever contested an exemption sought by chese Applicants of the character discussed in the referenced 2.r t i c l e . We submit that the language of this Board in rejetting a similar thrust by SAPL and The Commonwealth on an earlier occasion is as apt in the circumstances as it was when originally stated:

"Since the Part 70 exemption is not the subject of an existing centention of either SAPL cr Mass., the exemption is not a relevant issue in controversy with respect to the activity to be authorized. Moreover, a motion filed by an applicant pursuant to Sec. 50.57(c) does not automatically present an -

opportunity to file new contentions (i . e. , contentions not previously filed in response to the Commission's original notice of opportunity for hearing) specifically aimed at low pcwer testing." Hevorandur and Order (Granting Applicants' Motion For Authorization To Issue License Tc Conduct Fuel Load and Precriticality Testing) at 7 (Oct. 7, 1986)

In addition to tne foregoing, the Intervenors have 3

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also ignored the f act that all of the remarks of the NRC Staff member which form the gravamen of their motion were cirected to matters relevant to the 10 CFR 2.758 Petition which is pending before the other Licensing Board. If these Intervenors believe that some waiver or exemption which has already been granted affects the viability of the 10 CFR 2.759 Petition, that argument can be made in the context of proceedings in connection with that Petition.

CONCLUSION The motion for leave to file should be denied. In the event the Board decides to grant it, the arguments made in the substantive pleading should be rejected as being irrelevant to the matters pending befcre this Board.

Respectfully submitted,

-/~ /-- ,

Thomas 6.~D~ sn , Jr.

R. K. Gad II -

Kathryn A. Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 Counsel for Applicants 4

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1 DOWETED USNRC CERTIFICATE OF SERVICE '

I,: Thomas G. Dignan, Jr. one of the attorneys for th JAN 20 P4 :15 Applicants herein, hereby certify that on January 15, 1987, I made service of the within document _by mailing ~copienFftcEa . ,

thereof, postage prepaid, to: 50CKI,TimO; 3; ,;f[j-BMmen Administrative Judge Sheldon J. Stephen E. Merrill, Esquire Wolfe, Esquire, Chairman Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S.1 Nuclear _ Regulatory Office of the Attorney General.

Commission .

25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Dr. Emmeth-A. Luebke Dr. Jerry Harbour Atomic. Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission. Commission Washington, DC 20555 Washington, DC 20555 Robert Carrigg, Chairman Diane Curran, Esquire Board of Selectmen Andrea C. Ferster, Esquire Town Office Harmon'& Weiss Atlantic Avenue Suite 430 North Hampton, NH 03862 2001 S Street, N.W. ,

Washington, DC 20009 Atomic Safety and Licensing Sherwin E. Turk, Esquire >

Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon +

U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Mr. J. P. Nadeau Assistant Attorney General Selectmen's Office Department-of the Attorney 10 Central Road General Rye, NH 03870 Augusta,-ME 04333 A

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CERTIFICATE'OF SERVICE I, Thomas G. Dignan,'Jr. one of the attorneys for th{ JAN 20 P4 :15 Applicants.herein,-hereby certify that on January 15, 1987,

-I made service' of the within document by mailing copiesFF:E ; .

thereof, postage prepaid, to: _

00Cnterji g ,,y,h~

BU NCu

' Administrative Judge Sheldon J. Stephen E. Merrill, Esquire Wolfe, Esquire, Chairman Attorney. General Atomic Safety and Licensing George' Dana Bisbee, Esquire Board Panel Assistant' Attorney General '

U.S. Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Dr. Emmeth A. Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington,-DC 20555 Washington, DC 20555 Robert Carrigg, Chairman Diane Curran, Esquire Board of Selectmen Andrea C. Ferster, Esquire Town Office Harmon & Weiss Atlantic Avenue Suite 430 North Hampton, NH 03862 2001 S Street, N.W.

Washington, DC 20009 Atomic Safety and Licensing Sherwin E. Turk, Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Washington, DC' 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S.' Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Mr. J. P. Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 i

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Paul McEachern, Esquire Carol S. Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Floor P.O. Box 360 Boston, MA 02108 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RED 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angie Machiros U.S. Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn: Tom Burack) Town of Newbury Newbury, MA 01950 Senator Gordon J. Humphrey Mr. Peter S. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton) Newburyport, MA 01950 Mr. Thomas F. Powers, III Mr. William S. Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RED Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.

Washington, DC 20472 Gary W. Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 Mr. Ed Thomas Judith H. Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker 442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 Boston, MA 02109 4

Charles P. Graham, Esquire McKay, Murphy and Graham ,

100 Main Street Amesbury, MA 01913 P W

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