ML20207R772
| ML20207R772 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/12/1987 |
| From: | Bisbee G NEW HAMPSHIRE, STATE OF |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#187-2799 OL, NUDOCS 8703180121 | |
| Download: ML20207R772 (7) | |
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March 12, l>R%ETED USNRC
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 1p WR 16_ P5 iO2-Before the Nuclear Regulatory Commission 0FFICE OF SECREIAEY 00CKEilHG # SEEViCI-BRANCH
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In the Matter of
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Docket Nos. 50-443-OL
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and PUBLIC SERVICE COMPANY OF
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50-444-OL NEW HAMPSHIRE
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(Off-Site Emergency (Seabrook Station, Units 1 and 2
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Planning Issues)
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THE STATE OF NEW HAMPSHIRE'S RESPONSE TO 'INTERVENORS' JOINT MOTION TO EXTEND HEARING SCHEDULE AND ATTORNEY GENERAL JAMES M. SHANNON'S NOTICE OF INTENTION TO PARTICIPATE ON NEWLY ADMITTED CONTENTIONS AND OBJECTION TO AND MOTION FOR RECONSIDERATION OF HEARING SCHEDULE In two recent motions filed with this Board, various Intervenors seek-extensions of the presently established schedule for.
the hearing process on contentions relating to off-site emergency planning issues for the State of New Hampshire.
The State of New
-Hampshire responds herein to the requests made by the Intervenors in these two motions.
l 1 Intervenors' Joint Motion to Extend Hearing Schedule dated February 25, 1987
(" Joint Motion"), and Attorney General James M.
Shannon's Notice of Intention to Participate on Newly Admitted Contentions and Objection to and Motion for Reconsideration of Hearing Schedule
(" Attorney General Shannon's Motion") dated Marcn 2, 1987.
])$03 B703190121 870312 PDR ADOCK 05000443 8
0 2-The Joint Intervenors comment first on the effective beginning date of discovery with respect to the contentions on the so-called Revision 2 of the New Hampshire Radiological Emergency Response Plan (hereinaf ter referred to as the "NHRERP").
Certain Intervenors obtained copies of the Board's Order on the day it was issued on February 18, 1987, where others did not receive the order until February 23, 1987.
See Joint Motion at 2, note 1; Attorney General Shannon's Motion at 2, note 1.2 The Joint Motion then focuses on the need for additional time needed by the Intervenors to prepare their case on the newly-admitted KLD evacuation time estimate contentions.
In his motion, Attorney General Shannon cites two NRC procedural regulations which would purport to require an extension of the presently established schedule.3 It is the State of New Hampshire's position first that the setting of a hearing schedule must by necessity be left to the discretion of the Licensing Board, subject, of course, to any constraints imposed by NRC regulations.
For New Hampshire's part, the State is prepared to meet the deadlines the Boara has set with respect to the litigation of the NHRERP contentions.
2 Although the undersigned counsel was notified by telephone on February 19, 1987 that the Board's Order on Revision 2 contentions had been issued, a copy of the Order was not received by this office until February 24, 1987.
l 3 10 C.F.R. Section 2.752; 10 C.P.R. Section 2.743 (b).
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. For the reasons set forth below, however, the State of New Hampshire would have no objection to this Board's extending the beginning date of hearings on the NHRERP contentions to the week of June 22, 1987, the second of two presently-scheduled weeks of hearings on the NHRERP.
The current schedule which was set forth in the Board's January 9,
1987 and February 18, 1987 Orders is predicated on the issuance of the Board Order ruling on Revision 2 contentions on February 13, 1987.4 The issuance of the Order on February 18 or 19, 1987, tnen, has already led to a five or six day addition to each relative deadline in the schedule contained in the Board's January 9 Orcer.
Adding this additional five to six days to the last pre-hearing deadline would change, therefore, the date for submitting pre-filea testimony from May 21 to May 26 or 27, 1987.
This would then leave only three to four days (which would include a weekend) for preparing cross-examination on any prefiled testimony before the commencement of the hearings on June 1.
To so compress the final pnase of hearing preparations may well impose difficult burdens on the parties to this case.
The State of New Hampshire would also suggest that a prehearing conference would be in order to set forth the ground rules.for the hearings to begin in June.
Alternatively, the Board may solicit the 4Although the Board did not so state in its January 9 Order, the State of New Hampshire has assumed that the Order established relative deadlines for the prehearing phase of the schedule, ano not necessarily fixed dates.
See this Boara's Memorandum and Orcer cateo November 4, 1986, at 38.
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. viewe, of the parties, to be submitted in writing, on the hearing The following issues would be germane to such a prehearing process.
conference or written submission:
(1)
The simplification and clarification of issues; (2)
The categorizing of contentions by topic; (3)
The designation of lead intervenors for certain contentions; (4)
The order in which the contentions should be neard; (5)
Stipulations concerning issues of fact and the autnenticity and contents of. documents; (6)
The identification and limitation, where appropriate, of witnesses and witness panels; (7)
The timing of the submission of pre-filed testimony; and (8)
The discussion and resolution of other such matters as will lead to an orderly, expeditious, and fair disposition of the proceeding.
See 10 CFR 52.752.5 To solicit the parties views on these issues either in writing or at a prehearing conference will likely simplify tne ad]uaicative hear'ng process and make most efficient use of the time allotted for the conduct of the hearing.
Moreover, the particular concerns raiseu l
in the Joint Intervenors' February 27, 1987 motion may be alleviated, i
at least in part, by considering the scheduling of ETE issues for the latter stages of the hearing on the NHRERP contentions.
By placing 5 By this reference to 10 C.F.R.
S2.752, the State of hew Hampshire does not suggest that another prehearing conference under i,
this provision is required.
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-S-the ETE contentions at the end of the lis,t of contentions to be heard, the Board may be able to lessen the burden on the intervenors and their ETE expert without delaying the hearing process.
Respectfully submitted, THE STATE OF NEW HAMPSHIRE STEPHEN E. MERRILL ATTORNEY GENERAL fT I
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Dated:
March 12, 1987 BY:
h George DaMa Bisbee
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1, Senior Assistant Attorney General Environmental Protection Bureau 25 Capitol Street Concord, NH 03301-6397 Telephone (603) 271-3679 4
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CERTIFICATE OF SERVICE COLKETE:
I, George Dana Bisbee, hereby certify that on this 12thUbsp of March, 1987, I made service of the within State Of New Hampshire's Response To Intervenors' Joint Motion To Extend Hearing,fc upp j Attorney General James M. Shannon's Notice Of Intention Wo rMc[ M2 On Newly Admitted Contentions And Objection To And Motion For Reconsideration Of Hearing Schedule by mailing copies gh9(eof,gpost3ge Prepaid, to:
00CHEilNG.". M k V;Cl.
BRANCH Administrative Judge Helen Hoyt Administrative Judge Sheldon J.
Chairperson Wolfe, Chairman 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 Administrative Judge Gustave Dr. Jerry Harbour A.
Linenberger, Jr.
Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S.
Nuclear Regulatory U.S. N.R.C Commission Washington, DC 20555 Washington, DC 20555 Philip Ahrens, Esquire Thomas G. Dignan, Jr., Esquire Deputy Attorney General R.
X. Gad, III, Esquire Peter J. Brann, Esquire Ropes & Gray Assistant Attorney General 225 Franklin Street Department of the Attorney General
- Boston, MA 02110 One Ashburton Place Augusta, ME 04333 Carol S. Sneider, Esquire Sherwin E. Turk, Esquire Assistant Attorney General Deputy Assistant Chief Department of the Attorney General Hearing Counsel One Ashburton Place, 19th Floor Office of the Executive Counsel Boston, MA 02108 Director U.S. Nuclear Regulatory Commission Ms. Diana P.
Randall Washington, DC 20555 70 Collins Street Seabrook, NH 03874 Robert A.
Backus, Esquire l
Backus, Meyer & Solomon Diane Curran, Esquire 116 Lowell Street Harmon & Weiss P. O.
Box 516 l
20001 S Street, N.W.
Manchester, NH 03105 1
Suite 430 Washington, DC 20009-1125 Chairperson Board of Selectmen Jane Doughty Town 'of South Hampton 5 Market Street East Kingston, Nh 03827 Portsmouth, NH 03801
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Judith H. Mizner, Esquire Charles P. Graham, Esquire Silverglate, Gertner, Baker, McKay, Murphy and Graham Fine, Good, and Mizner 00 Main Street 88 broad Street
{mesbury,MA 01913 Boston, MA 20110 t
F e.
Paul McEachern, Esquire Matthew T.
Brock, Esquire J.
P.
Nadeau, Esquire Shaines & McEachern Selectmen's Office 25 Maplewood Avenue 10 Central Road P.
O.
Box 360 Rye, NH 03870 Portsmouth, NH 03801 Mr. Calvin A.
Canne'y Ms. Roberta C.
Pevear City Manager The Town of Hampton Falls City Hall Drinkwater Road 125 Daniel Street Hampton Falls, NH 03844 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Angie Machiros The Town of Kensington Chairman of the RFD 1, Box 1154 (Route 107)
Board of Selectmen Kensington, NH 03827 Town of Newbury Newbury, MA 01950 Senator Gordon J.
Humphrey Peter J. Matthews U.S. Senate Mayor Washington, DC 20510 City Hall (Attn Tom Burack)
Newburyport, MA 01950 Senator Gordon J.
Humphrey William S.
Lord 1 Eagle Square Board of Selectmen Suite 507 Town Hall Concord, NH 03301 Friend Street Amesbury, MA 01913 Mr. Thomas Powers Brentwood Board of Selectmen Town Manager RFD Dalton Road Town of Exeter Brentwood, NH 03833 10 Front Street Exeter, NH 03833 Gary W.
Holmes, Esquire Holmes & Ells H. Joseph Flynn 47 Winnacunnet Road Assistant General Counsel Hampton, NH 03841 Office of General Counsel Federal Emergency Management Richard A.
Hampe, Esquire Agency Hampe & McNicholas 500 C Street, S.W.
35 Pleasant Street Washington, DC 20472 Concord, NH 03301 Mr. Ed Thomas Mr. Robert Carrigg, Chairman FEMA, Region I Board of Selectmen John W. McCormack Post Office Town Office and Court House Atlantic Avenue Post Office Square North Hagpton, NH 03862 Doston, MA 02109 l'
George Da na Bisbde/
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