ML20211B916
| ML20211B916 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/15/1986 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1130 OL, NUDOCS 8610210223 | |
| Download: ML20211B916 (6) | |
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6 10/15/86 4
00CKETED USNRC~
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
~86 0CT 17 Pl2:28 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFICE rr 00CKEIiNG.
f r' Nc :w.4 In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443 OL NEW HAMPSHIRE, et _al.
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50-444 OL
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(Seabrook Station, Units 1 and 2)
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Offsite Emergency Planning NRC STAFF'S RESPONSE 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, the Applicants filed a " Motion for Decision on Motions for Summary Disposition on File and for Hearing Schedule With Respect to New Hampshire Emergency Planning Issues"
(" Motion").
Therein, the Applicants request that the Licensing Board (1) issue a decision with respect to the motions for summary disposition now pending before the Board, filed on May 20, 1986; 1 (2) establish a deadline for the filing of contentions related to Revision 2 of the New Hampshire Radiological Emergency Response Plan (NIIRERP), issued September 8, 1986; and (3) reschedule the evidentiary hearings on contentions related to the NHRERP.
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Currently pending before the Board are ten motions filed by the
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Applicants seeking summary disposition, in whole or in part, of 20 contentions admitted by the Board's Orders of April 1 and 29,1986;
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and one motion filed by the State of New Hampshire seeking summary disposition of two such contentions, ysa
g The NRC Staff does not oppose the Applicants' Motion, insofar as it requests that the Board (1) issue a decision with respect to the pending motions for summary disposition, and (2) establish a deadline for the filing of contentions related to Revision 2 of the NHRERP. -
In this regard, we believe that no reason exists why the Board should not proceed at this time to issue its decision on the summary disposition motions, and establish a deadline for filing contentions on Revision 2 of the NHRERP.
Similarly, the Staff does not oppose the Applicants' request that the Board should reschedule evidentiary hearings on the NIIRERP.
- However, we believe that the Board should rule upon the pending motions.for summary disposition before scheduling hearings on the outstanding contentions, in order tc permit the parties to devote their attention to
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Certain dates - for the filing of contentions addressing Revision 2 of the NIIRERP have already been proposed by various participants in this proceeding, in their responses to Applicants' Motion.
Thus, in its response of October 10, 1986, the Mass AG proposed a filing date of February 1987; and in their response of October 6,1986, SAPL, Hampton, Hampton Falls, and South Hampton proposed a filing date of January 1,1987.
In addition, the Town of Hampton has filed a separate motion requesting a filing date of January 1, 1987 or, in the alternative, December 1,1986.
See " Town of Hampton Motion to Establish Hearing Schedule and for Additional Time to File Contentions and for Incorporation of Contentions"
("Hampton's Motion"), filed October 8,1986.
The Staff will address these various proposed filing dates in its response to Hampton's Motion.
However, we note that the Mass AG, j
in its response to Applicants' Motion, cited a statement by NRC Staff member Donald Perrotti, made before the ACRS, which the Mass AG interprets to mean that FEMA "will not complete its review of the New Hampshire plans until April, 1987" (Mass. AG's Answer, at 3).
In this regard, we note that FEMA has advised the Staff that its review of NHRERP Revision 2 will have progressed sufficiently this i
Fall to permit it to participate in litigation of that revision substantially before the April 1987 date referred to by Mr. Perrotti.
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those contentions which remain to be litigated following the Board's ruling on summary disposition.
Further, the Staff submits that the Board should request the parties' views as to whether the hearings should be expanded to consider other pending contentions filed on the NIIRERP, 3_/
upon which the Board has not yet ruled. O Finally, the Staff submits that the parties' views should be requested as to whether the evidentiary hearings on previously admitted contentions should be deferred to permit the parties to withdraw, amend, supplement, or file additional motions for summary disposition of those contentions, based upon such new information as may be contained in Revision 2 of the !!IIRERP.
Respectfully submitted, IL Sherwin E. Turk Senior Supervisory Trial Attorney Dated at Dethesda, flaryland this 15th day of October,1986
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To our knowledge, no ruling has yet been issued with respect to the admissibility of two contentions concerning the KLD Associates' evacuation time estimate; these are SAPL's Contention 31 and Ifampton's Revised Contention III.
See " Seacoast Anti-Pollution League's Fourth Supplemental Petition for Leave to Intervene," filed
- f. fay 15, 1986; end "f femorandum on 10 C.F.R. 6 2.714(a)(1) and P.eviser' Contention !!! of the Town of Ilampton to Evacuation Time Estimate Report by KLD Associates, Inc.," filed P. lay 23, 1986.
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The Staff notes that the Licensing Board has previously ruled that other admitted late-filed contentions could and should be " scheduled for litigation along with previously accepted contentions."
See
" Order (flodifying Schedule Set on January 17, 1986 and Scheduling Litigation of SAPL Contentions 8A and 15 and Town of Ilampton IV, VI, and Viii)," issued June 3,1986.
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00LKETEP U5NRC '
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'86 0CT 17 P12:28 DEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFE 0; U_.. m 00CKlimG s i Mct BRANCH In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443 OL NEW HAMPSHIRE, et al.
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50-444 OL
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Off-Site Emergency (Seabrook Station, Units 1 and 2)
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Planning Issues CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO APPLICANTS' MOTION FOR DECISION ON MOTIONS FOR
SUMMARY
DISPOSITION ON FILE AND FOR HEARING SCIIEDULE WITH RESPECT TO NEW HAMPSIIIRE EMERGENCY PLANNING ISSUES" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's -
internal mail system, this 15th day of October,1986.
Helen Hoyt, Esq., Chairman
- Dr. Emmeth A. Luebke*
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Jerry Harbour
- Ms. Carol Sneider, Esq.
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office'of the Attorney General U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor Washington, D. C.
20555 Boston, MA 02108 Deverly Hollingworth Stephen E. Merrill 209 Winnacunnet Road Attorney General llampton, NH 03842 George Dana Bisbee Assistant Attorney General Sandra Gavutis, Chairman Office of the Attorney General Board of Selectmen 25 Capitol Street RFD 1 Box 1154 Concord, NH 03301-6397 Kensington, NH 03827 Richard A. Ilampe, Esq.
New Hampshire Civil Defense Agency 107 Pleasant Street Concord, NII 03301
Calvin A. Canney, City Manager
' Allen Lampert City Hall Civil Defense Director 126 Daniel Street Town of Brentwood Portsmouth, NH 03801 20 Franklin Street Exeter, NH 03833 Roberta C. Pevear State Representative Angie Machiros, Chairman Town of Hampton Falls Board of Selectmen Drinkwater Road 25 High Road Hampton Falls, Nil 03844 Newbury, MA 09150 Mr. Robert J. Harrison Jerard A. Croteau, Constable President and Chief Executive Officer 82 Beach Road, P.O. Box 5501 Public Service Co. of New Hampshire Salisbury, MA 01950 P.O. Box 330 Manchester, NH 03105 Diane Curran, Esq.
Harmon & Weiss Robert A. Backus, Esq.
2001 S Street, N.W.
Backus, Meyer & Solomon Suite 430 11G Lowell Street Washington, D.C.
20009 Manchester, NH 03106 Edward A. Thomas Philip Ahrens, Esq.
Federal Emergency Management Agency Assistant Attorney General 442 J.W. McCormack (POCH)
Office of the Attorney General Boston, MA 02109 State House Station, #6 Augusta, ME 04333 H.J. Flynn,. Esq.
Thomas G. Dignan, Jr., Esq.
Assistant General Counsel Ropes & Gray Federal Emergency Management Agency 225 Franklin Street 500 C Street, S.W.
Boston, MA 02110 Washington, D.C.
20472 Jane Doughty Atomic Safety and Licensing Seacoast Anti-Pollution League Board
- 5 Market Street U.S. Nuclear Regulatory Commission Portsmouth, NH 03801 Washington, D.C.
20555 Atomic Safety and Licensing Paul McEachern, Esq.
Appeal Panel
- Matthew T. Brock, Esq.
U.S. Nuclear Regulatory Commissi >n Shaines & McEachern Washington, D.C.
20555 25 Maplewood Avenue P.O. Box 360 Portsmouth, NH 03801
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Docketing and Service Section*
William Armstrong Office of the Secretary Civil Defense Director U.S. Nuclear Regulatory Commission Town of Exeter Washington, D.C.
20555 10 Front Street Exeter, NH 03833 Maynard L. Young, Chairman Board of Selectmen Peter J. Matthews, Mayor 10 Central Road City Hall Rye, NH 03870 Newburyport, MA 09150 Michael Santosuosso, Chairman William S. Lord Board of Selectmen Board of Selectmen South Hampton, NH 03827 Town Hall - Friend Street Amesbury, MA 01913 Mr. Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairman Board of Selectmen Board of Selectmen Town Ofnce 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 R. K. Gad III, Esq.
Gary W. Holmes, Esq.
Ropes & Gray Holmes & Ellis 225 Franklin Street 47 Winnacunnet Road Boston, MA 02110 Hampton, NH 03842 Judith H. Mizner, Esq.
Silverglate, Gertner, Baker Fine and Good 88 Broad Street Boston, MA 02110 v
Sherwin E. Turk Senior Supervisory Trial Attorney 4
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