ML20210C036
| ML20210C036 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/30/1987 |
| From: | Selleck K PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#287-3306 OL, NUDOCS 8705060070 | |
| Download: ML20210C036 (7) | |
Text
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o 330b 00CKETED USNRC Dated:
April 30, 1987 2
'87 11AY -4 P2 :01 UNITED STATES OF AMERICA 0FFU"fiUIt;7 6E' r,.
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4 00Cd NUCLEAR REGULATORY COMMISSION
!!R A h C" before the ATOMIC SAFETY AND LICENSING BOARD
)
l In the Matter of
)
I
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443-OL NEW HAMPSHIRE, et al.
)
50-444-OL
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Off-site Emergency (Seabrook Station, Units 1 and 2) )
Planning Issues
)
)
i-i APPLICANTS' RESPONSE TO " TOWN OF HAMPTON MOTION TO PERMIT FURTHER ARGUMENT IN SUPPORT OF TOWN OF HAMPTON MOTION FOR
SUMMARY
DISPOSITION" i
On April 24, 1987, Town of Hampton (TOH) moved ~the Board to permit it further argument on its motion for summary disposition.
Further argument should not be permitted as TOH requests.
The deadline for advancing arguments in support of a motion for summary disposition was April 16, i
l 1987 (or earlier, if TOH stands by its position in " Joint Motion to Reject Applicants' Filing of April 15, 1987, Or In l
the Alternative, For Imposition of Sanctions Against Applicants").
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Even if further argument were in order, however, TOH's argument should be rejected as wanting in merit.
TOH insists that it is entitled to summary disposition as a matter of law due to Applicants' failure to incorporate in their response a statement of facts.
Applicants disagree.
The reason no statement of facts in dispute was appended to the response is that nothing in the rules requires the Applicants to counter conclusory or argumentative assertions which the intervenor chooses to label " fact."
The label cannot magically turn argument into fact.
The first paragraph of TOH's " Statement of Material Facts As to Which the Town Contends There Is No Genuine Issue to Be Heard" is an argument as to a possible reading of NHRERP, with a citation to a supposedly supporting document.
The second paragraph is in part a statement of fact which Applicants do not controvert.
Neither the Applicants nor the State of New Hampshire have obtained any Letters of Agreement that Hampton teachers will in fact carry out their duties to oversee protective actions for the Hampton students in the event of an emergency at Seabrook.
TOH's assertion that "other reasonable proof" is lacking is an l
argument which Applicants countered in their response under l
l the heading " Argument."
The third paragraph of TOH's statement of " facts" is the same save that it goes to health care workers instead of teachers. _ _ _ _ _ _ _ _ _ _ _.
e 1
The fourth paragraph recites a statement of one Herbert Moyer.
Applicants do not disagree that Mr. Moyer made that statement and have no reason to dispute the number of discussions or interviews Mr. Moyer claims to have conducted as of the dates indicated.
Applicants have shown in their response why such interviews or discussions are not relevant to the contention.
The fifth paragraph repeats a statement in a petition.
Applicants do not disagree that the statement may be found in the petition.
As to the relevance, probative value, or admissibility of such a statement -- which TOH labels
" evidence" -- Applicants rely on their counter-arguments.
The sixth paragraph sets forth TOH's reading of NHRERP Revision 2 Volume 2 Appendix G.
TOH's reading does not rise to the level of a " fact."
In sum, very little of TOH's " Statement of Material Facts" is factual; for the most part TOH merely argues its case.
Applicants properly countered TOH's arguments in Applicants' response.
TOH cannot defeat Applicants' arguments by its declaration that TOH's arguments must j
perforce be admitted as facts because they were so labeled.
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TOH's motion to permit further argument in support of its earlier motion for summary disposition should be denied.
By their attorneys, i
.ih Thomds G. Dignan, Jr.
George H. Lewald Kathryn A.
Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100
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/-
00Lr!ETED USNRC CERTIFICATE OF SERVICE I,
Kathryn A. Selleck, one of the attorneys for EheHAY -4 P2 :01 Applicants herein, hereby certify that on April 30,.1987, I made service of the within document by depositing c es.g ;,
- gy thereof with Federal Express, prepaid, for delivery d ( d r,7 M vitf.
where indicated, by depositing in the United States mailP, RANCH first class postage paid, addressed to):
Administrative Judge Helen Hoyt, Robert Carrigg, Chairman Chairperson, Atomic Safety and Board of Selectmen Licensing Board Panel Town Office U.S. Nuclear Regulatory Atlantic Avenue Commission North Hampton, NH 03862 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Judge Gustave A.
Linenberger Diane Curran, Esquire Atomic Safety and Licensing Andrea C.
Ferster, Esquire Board Panel Harmon & Weiss U.S. Nuclear Regulatory Suite 430 Commission 2001 S Street, N.W.
East West Towers Building Washington, DC 20009 4350 East West Highway Bethesda, MD 20814 Dr. Jerry Harbour Stephen E. Merrill Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee U.S. Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 Bethesda, MD 20814
- 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 Commission Washington, DC 20555 Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814
- Atomic Safety and Licensing Robert A. Backus, Esquire Appeal Board Panel 116 Lowell Street U.S. Nuclear Regulatory P.O.
Box 516 Commission Manchester, NH 03105 Washington, DC 20555 i
s t
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 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 RFD 1 - Box 1154 City Hall Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
- Senator Gordon J. Humphrey Mr. Angie Machiros Chairman of the U.S.
Senate Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950
- Senator Gordon J. Humphrey Mr. Peter J. 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...
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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 4
Post Office Square Boston, MA 02110 Boston, MA 02109 Charles P. Graham, Esquire McKay, Murphy and Graham 100 Main Street Amesbury, MA 01913 n/,/
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Kathryn A.
Selleck
(*= ordinary U.S.
First Class Mail.)
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