ML20211A414
| ML20211A414 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/10/1986 |
| From: | Sneider C MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1065 OL, NUDOCS 8610150125 | |
| Download: ML20211A414 (10) | |
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_ /0 00LKETED USNRC
. UNITED STATES OF AMERICA 16 0CT 14 P3 53 NUCLEAR REGULATORY COMMISSION Before Administrative JudgehCI Ei t b 5 b
Helen F. Hoyt, Chairperson BRANCH Emmeth A. Luebke Jerry Harbour
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY OF NEW
)
Docket Nos.
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50-433/444-OL (Seabrook Station, Units 1 and 2)
)
(Off-Site EP)
)
October 10, 1986
)
ATTORNEY GENERAL FRANCIS X. BELLOTTI'S ANSWER TO APPLICANTS' MOTION FOR DECISION ON MOTIONS FOR
SUMMARY
DISPOSITION ON FILE AND FOR HEARING SCHEDULE WITH RESPECT TO NEW HAMPSHIRE EMERGENCY PLANNING ISSUES On September 25, 1986, Applicants filed a motion for decision on pending summary disposition motions and for the establishment of a hearing schedule with respect to New Hampshire emergency planning issues.
Attorney General Francis X. Bellotti hereby responds to the Applicants' motion.
.The Attorney General takes no position on Applicants' Motion at A, requesting the issuance of decisions on the pending summary disposition motions.
With respect to Applicants' Motion at B and C, Attorney General Bellotti agrees that a schedule should be established V'
061015012S 861010 PDR ADOCK 05000 3
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- c; for the filing of contentions based on Revision No. 2 of NHRERP, and that adjudicatory hearings could be appropriately scheduled for some date thereafter that would allow the parties sufficient time to conduct discovery, file summary disposition motions, and prepare testimony for hearing.
The Attorney General takes issue, however, with the Applicants' characterization of such contentions as " late-filed," for the reasons set forth in the Seacoast Anti-Pollution League's Response to Applicants' Motion, dated October 6, 1986, at pp. 1-2.
In addition, the Attorney General maintains that due to obligations arising out of the on-site planning and safety portion of this proceeding, which will be ongoing at least until mid-January of 1987, parties should not be required to file contentions on this latest version of the New Hampshire m
RERP until February 1, 1987.
The Attorney General was not served with Revision No. 2 of, NHRERP until September 10, 1986.
The RERP, served in four large cartons, consists of approximately 30 volumes.
To adequately review all thirty volumes and develop contentions with sufficient bases to survive dismissal will involve at least several weeks, if not a month, of intensive work.
During the month of September, counsel in the Attorney General's Office working on this case were engaged preparing for the hearings on on-site planning and safety issues which were held in Portsmouth, New Hampshire, during the week of September 29 through October 3.
counsel are now in the process of drafting
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proposed findings and writing briefs on that hearing for submission to the L.icensing Board by November 12.
In addition, the Attorney General is preparing an appeal and application for a stay of the Licensing Board's Order, dated October 7, 1986, authorizing the issuance of an operating license to load fuel and conduct pre-criticality testing.
Upon the issuance of the Licensing Board's Partial Initial Decision, anticipated to be issued near the beginning of December, counsel will then have only forty days (or until sometime in mid-January) to write and file briefs in support of an appeal of that decision.
And, if such decision of the Board authorizes the issuance of a license to Applicants to operate at low-power, the Attorney General intends to seek an immediate stay of such license before the NRC, and in federal court if necessary.
Thus, counsel will be quite involved at least until mid-January litigating the on-site planning and safety portion of this case and the very earliest date that counsel will be able to submit contentions on Revision No. 2 of the NHRERP is February, 1987.
While the Attorney General acknowledges that a delay in submission of new contentions until February, 1987, may appear substantial, such a delay should not result in any actual delay in the hearing.
FEMA has stated that it will not complete its review of the New Hampshire plans until April, 1987.
See
-Transcript of meeting of Advisory Committee on Reactor Safeguards Subcommittee on Severe Accidents and Subcommittee on Occupational and Environmental Protection Systems, dated '
i September 26, 1986, at p. 9 [ attached hereto).
And, even if new contentions wer.e, submitted prior to February, counsel would still be unable to litigate, conduct discovery, or otherwise prepare for hearing on such contentions at least until February due to the aforesaid competing concerns of the on-site planning and safety portion of this proceeding.
Moreover, any detriment that may be caused the Applicants by a delay in the off-site hearing must be more than off-set by the public's interest in assuring that off-site emergency planning issues are properly investigated and that all important issues bearing on the public safety are brought to hearing.
Only by allowing the intervenors adequate time for submission of contentions may the public interest be so protected.
Respectfully submitted, FRANCIS X. BELLOTTI ATTORNEY GENERAL By:
Carol S. Sneider Assistant Attorney General Environmental Protection Division Department of the Attorney General One Ashburton Place, Room 1902 Boston, MA 02108 October 10, 1986 I.
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I UN11EU STATES
- NUCLEAR: REGULATORY COMMISSION P
IN THE MATTER OF:
DOCKET NO:
ADVISORY COMMITTEE ON REACTOR SAFEGUARDS SUBCOMMITTEE ON SEVERE ACCIDENTS
.nd a
SUBCOMMITTEE ON OCCUPATIONAL AND ENVIRONMENTAL PROTECTION SYSTEMS s
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LOCATION: WASH:NGTON, D.
C.
PAGES: 1 - 249 DATE:
FRIDAY, SEPTEMBE'R 26, 1986 l
AG-FEDERAL REPORTERS, INC.
s 444 North Casitol Street Nhingten, D.C. 20001 (202) 347 3700 WTirWSFnR@T~y2D
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'l UNITED STATE OF AMERICA i
l NUCLEAR REGULATOR COMMISSION 2
3 l
4
.l 5
Advisory Committee on Reactor Safeguards Subcomittee on Severe Accidents 6
and Subcommittee on Occupational and 7
Environmental Protection Systems 1
8 9
Friday, September 26, 1986 Washington, D. C.
10 Before:
Dr. Dade W. Moeller, Member 11 Mr. Jesse C. Ebersole, Member Dr. Carson Mark, Member 12' Dr. Chester P.
Siess, Member Dr. Michael L. Corradini, Consultant 13 14 15 l
16 l
17 18 19 20 21 1
22 23 24 l
25 w
N 2 413ULR17-37 00
s 9
i 1
DR. MOELLER:
We often read in the material 2
provided to, us that FEMA will respond by saying they are 3
quite busy or short on budget and can't keep up with.what 4
NRC proposes as a schedule.
5 Has that been true here?
6 MR. PEROTTI:
Let me answer by giving a quick 7
rundown of the scheduling.
Perhaps you can draw your 8
conclusion f rom that.
9 The New Hampshire plan was initially submitted 10 in December of last year with subsequent revisions 11 throughout 1986.
The last revision of the New Hampshire 12 state plan was submitted this month, September.
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13 A couple weeks ago the FEMA schedule for
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14 review and evaluation of that plan was something on the 15 order of October of this year.
16 They recently changed the schedule to 17 accommodate these more recent revisions to the New 18 Hampshire state plan and now anticipate a finding on the 19 New Hampshire plan by around April 1st of 1987.
20 DR. MOELLER:
So they are pretty well behind?
3 21 MR. PEROTTI:
They are behind, yes.
And the 22 staff concludes that off-site planning, in particular, the 23 Massachusetts plan which has not been submitted, will 24 probably impact f ull power licensing f oresee brook.
25 DR. MOELLER:
Could you comment on this act ern re nt oronomenc. TMr.
wa s h i n ot o n,
D.C, (202) 347-3700
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N UNITED STATES OF AMERICA g,3 gg g' NUCLEAR REGULATORY COMMISSION usng l
16 DCT 14 p3 :47
)
In the Matter of i
PUBLIC SERVICE COMPANY OF.NEW
)
Dockeh0hok,(8),50,433/444-OLiff
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(Seabrook Station, Units 1 and 2)
)
)
)
CERTIFICATE OF SERVICE I, Carol S. Sneider, hereby certify that on October 10, 1986 I made service of the within documents by mailing copies thereof, postage prepaid, by first class mail, or as indicated by an asterisk l
l by 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 East West Towers Building Commission East West Towers Building 4350 East West Highway 4350 East West Highway T'hird Floor Mailroom Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814
- Sherwin E. Turk, Esq.
- Dr. Jerry Harbour Office of the Executive Legal Atomic Safety & Licensing Board U.S. Nuclear Regulatory Director U.S. Nuclear Regulatory Commission Commission East West Towers Building Tenth Floor 7735 Old Georgetown Road
~l 4350 East West Highway Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814 H. Joseph Flynn, Esq.
Stephen E. Merrill, Esq.
Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee, Esq.
Federal Emergency Management Assistant Attorney General Office of the Attorney General Agency 500 C Street, S.W.
25 Capitol Street Washington, DC 20472 Concord, NH 03301 l
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]
As-
' 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 Rte 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 Pillsbury Street 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. _ _ -
'F' 1
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 aoston, 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 Jerard A. Croteau, Constable 82 Beach Road, P.O. Box 5501 Salisbury, MA 01950 (N
S
.0%Lr C L
Carol S.
Sneider Assistant Attorntf General Environmental Protection Division October 10, 1986