ML20209H520
| ML20209H520 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/03/1987 |
| From: | Harbour J, Hoyt H, Linenberger G Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#187-2423 82-471-02-OL, 82-471-2-OL, OL, NUDOCS 8702060070 | |
| Download: ML20209H520 (3) | |
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$ 2%1 coa ttrc uwe UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'87 FEB -4 P3 :47 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
[0b' Helen F. Hoyt, Chairperson re Gustave A. Linenberger, Jr.
Jerry Harbour SERVED FEB 0 51987 In the Matter of
)
Docket Nos. 50-443-OL 1
50-444-OL PUBLIC SERVICE COMPANY
)
(ASLBP No. 82-471-02-OL) 0F NEW HAMPSHIRE, e_t_ al_.
)
(Offsite Emergency Planning)
(Seabrook Station, Units 1 and 2)
)
February 3,1987 MEMORANDUM AND ORDER (Rejecting Staff Response to Applicants' Petition for Waiver of Emergency Planning Regulations)
In our Order of December 23, 1986, the Board provided for the parties in this proceeding to respond by January 27, 1987 to Applicants' petition submitted pursuant to 10 C.F.R. $$ 2.758 and 50.47(c) seeking a waiver of the provisions of Commission regulations including, but not limited to, 10 C.F.R. 95 50.33(g), 50.47(c)(2), 50.47(s)(1) and Appendix E to Part 50, relevant to reouirements for emergency planning in the plume exposure pathway EPZ in excess of one mile in radius for Seabrook Station (" Applicants Petition"). We subsequently provided, in our January 7,1987 Order, that if parties could not respond completely by January 27, 1987, they should file partial responses and advise the Board of a reasonable date certain when their responses could be completed.
For good cause shown, we granted several requested short 8702060070 870203 DR ADOCK 050 3
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2 extensions of the January 27th filing date to certain of the parties, including the Staff.
Partial or complete responses were filed by several parties. The responding parties and the dates, where given, by which they-indicated they could file complete responses are:
State of New Hampshire.......... New Hampshire takes no position.
Comonwealth of Massachusetts... Six to twelve months to review technical merits.
State of Maine.................. February 9, 1987 Town of Hampton................. No date specified.
Town of Kensington.............. February 3, 1987.
S A PL............................ Fe b ru a ry 26, 1987.
Town of Amesbury................ No date speci fied.
("nearly 16 months from receipt of Brookhaven final report")
NENCP..........................
Approximately six months.
NRC Staff......................
"latter part of 1987."
1 We consider the Staff's filing of January 28, 1987 to be uniesponsive to our January 7th Order in that its " technical response" oqly adverted to the complex nature of Applicants' supporting affidavits eithout coment thereon, and its comments on the law were confired largely to taking exception to our prima facie comment and setting forth its views on how we should proceed under 10 C.F.R. ! 2.758.
The Staff has been involved for some time in evaluating certain of Applicants' 1
NRC Staff Response in Accordance with the Licensing Board's Order of January 7,1987 Concerning Applicants' Petition for a Waiver from Emergency Planning Regulations, January 28, 1987.
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3 technical supporting documents. We believe the Staff should have expressed its position as to whether, as a matter of law, Applicants' petition meets the sole ground for a petition provided in Section 2.758 and should have provided a reasonable date for completion of its response more certain than " late 1987."
ccordingly, we reject Staff's response of January 28, 1987 without prejudice to filing a more complete response.
If Staff chooses to file a complete response, it shall do so by February 27, 1987 or otherwise advise the Board that it does not intend to respond further.
Other parties that indicated they wished to supplement and complete their initial responses shall do so by February 27, 1987.
IT IS 50 OPDERED.
THE ATOMIC SAFETY AND LICEN ING BOARD
/.
Helen F. Hoyt, Chairpfson Administrative Judge W
& & Movt y tave~A. Line er Administrative ku/
W6rry parbour Administrative Judge Dated at Bethesda, Maryland this 3rd day of February 1987.