ML20211M981
| ML20211M981 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/12/1986 |
| From: | Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1905 OL, NUDOCS 8612180097 | |
| Download: ML20211M981 (5) | |
Text
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FILED:
December 12, 1933 XETED C5NRC UNITED STATES OF AMERICA
'86 00016 R2:17 NUCLEAR REGULATORY COm11SSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARpTru rr M'. x i UCCEET!hu 7.
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SnMh In the matter of:
PUBLIC SERVICE COMPANY OF Docket Nos. 50-443 OL NEW liAMPSHIRE, ET AL 50-444 OL (Seabrook Station, Units 1 and 2)
Offsite Emergency Planning SEACOAST ANTI-POLLUTION LEAGUE'S MOTION FOR RECONSIDERATION OF DECEMBER 4, 1986 MEMORANDUM AND ORDER ESTABLISHING HEARING SCilEDULE ON OFFSITE ISSUES RAISED BY NHRERP NOW COMES the Seacoas t Ant i-Pollut ion League and moves that the Board Reconsider i t s Memorandum and Order of December 4, 1986 which set out a schedule of hearing on of f site emergency planning issues.
First, SAPL notes its cont inuing obj ect ion to the Board's ruling on the matter of integrated hearings on plans for the New Hampshire and Massachusetts portions of the EPZ.
SAPL does not concur that the interrelationship between the Massachusetts and New llampshi re response is a "non-issue" and instead holds that it is a matter of signal importance that merits considerable attention.
Second, SAPL objects to the schedule set out by this Board for the following reasons:
1)
The Board has scheduled the date for intervenor replies to Applicant and Staff responses to contentions for December 29, 1986. The Staf f is not obliged to have served the document to which intervenors can reply until December 22, 1986.
The Board has made clear in its order that the 8612180097 861212 j)jidj$
PDR ADOCK 05000443 O
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deadlines it-has set in-its schedule are dates by'which 1-
'other parties must be in receipt of a filing. -Therefore, intervenors are obliged to have responses in the hands of s,
the parties on December 29, which. falls on a Monday.
To
_ accomplish that, intervenors must mail responses by Friday, December 26, the day after Christmas.
It is customary in legal' proceedings to accord a little courtesy to parties in recognition of the fact that it is difficult to have offices staffed in the days immedistely around a holiday.
SAPL sees no reason for-the imposition of this burden on F
intervenors when it is because of the late filing of the i
i emergency plans upon'which the Applicants base their case that intervenors have been obliged to file contentions anew in order to preserve their rights in this proceeding.
l 2)
The Board has set no date for a prehearing conference at which parties would have opportunity for oral argument on the admissibility of new contentions and the additional j
bases for earlier admitted contentions arising from Revision 2 of the NHRERP.
Though the Board conducted a l
prehearing conference in March of 1986, the version of the t
NHRERP which gave rise to the issues which were the subject of that prehearing conference was declared "not the operat ive one" by the Federal Emergency Management Agency (FEMA) in its motion for continuation of hearing received in early July.
Al1 partles which proposed specific j
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_ _. _ _ _ _ _.,. _ - ~. _ _ _ _,. _,.., _ _ _. _ _ _ _ _ _.
t, schedules for the hearing process (SAPL, Town of Hampton, the Massachusetts Attorney General, NECNP and the NRC Staff) all included prehearing conferences in their proposed schedules.
Only Applicants' proposed schedules did not include a prehearing conf erence. 10 CFR 462.751(a) and 2.752 elearly contemplate that there shall be prehearing conf erences in proceedings related to operat ing licenses.
The history of this case provides precedent for oral argument on the admissibility of contentions at prehearing conferences.
3)
The Board has entirely too severely truncated the amount of time allowed for discovery in this proceeding.
The minimum amount of time proposed by any party to this proceeding other than Applicants was the one-month time frame proposed by the NRC Staff.
The extreme importance of the issues to be litigated and their public health and safety implications militate against a rushed and cursory treatment.
To fulfill its responsibility, this Board should do all in its power to ensure that all issues in dispute are given a full and fair examination.
WilEREFORE, SAPL requests that this Board:
A)
Reconsider the issue of integrated hearings on the Massachuset ts and New Hampshire emergency response plans, and i i
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n.
B)
Set forth a fairer schedule of hearings with particular regard to avoidance of setting deadlines during holiday seasons and to allowance of reasonable amounts of time for discovery.
SAPL has been authorized to state that the Town of Hampton joins in this motion.
Additionally, SAPL joins in and supports " Town of Hampton Obj ect ion and Mot ion f or -Reconsiderat ion of December 4, 1986 Order" dated December 10, 1986.
Respectfully submitted, SEACOAST ANTI-POLLUTION LEAGUE By its attorney, BACKUS, MEYER & SOLOMON
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' Rob (PT'A. Backus P. O.
Box 516 116 Lowell Street Manchester, N.li.
03105 Tel: (603) 668-7272 DATE:
December 12, 1986 I hereby cer ti f y that a copy of the wi thin Seacoast Anti-Pollut ion League's Motion for Reconsideration of December 4,
1986 Memorandum and Order Establishing flearing Schedule On Of f site issues Raised by NHRERP has been sent, this date, to those listed on the attached service list.
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fu Robert'A78ackus
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CERTIFICATE OF SERVICE AND SERVICE LIST Fed. Emerg. Joseph Flynn[gmt.
Asst.Gn.Cnsl.
IIelen Hoyt. Chm.
Thomas Dignan, Esq.*
h Agcy.
Admn. Judge Ropes & Gray 500 C.St. So. West Atomic Safety & Lic Brd.
225 Franklin St.
Wathington, DC 20472 USNRC Boston, MA 02110 Washington, DC 20555 Office of Selectmen Dr. Jerry liarbour '*
Docketing & Serv. Sec. *
. Town of Hampton Falls Admin. Judge Office of the Secretary Hampton Falls, NH 03844 Atomic Safety & Lic Brd.
USNRC USNRC Washington, DC 20555 Washington, DC 20555 Sherwin E. Turk, Esq' Dr. Emmeth A. Luebke '
- Jane Doughty Office of Exec. Legl. Dr.
Admin Judge SAPL S RC Atomic Safety & Lic. Brd.
5 Market Street Wahsington, DC 20555 USNRC Portsmouth, NH 03801
- Washington, DC 20555 Phillip Ahrens, Esq.
Paul McEachern, Esq.
George Dana Bisbee, Esq.
Asst. Atty. General Matthew Bruck, Esq.
Attorney General's OFF.
State HOase, Sta. #6 25 Maplewood Ave.
State of New Hampshire Augusta, ME 04333 P.O. Box 360 Concord, NH 03301 Portsnouth, NII 03801 Carol Sneider, Esq., Asst.AG Diane Curran, Esq.
William S. Iord One Ashburton Place, Ilarmon, Weiss Board of Selectmen 19th Floor 20001 S Street NW Suite 430 i'7 n Hall-Friend St.
Boston, MA 02108 Washingcon, DC 20009 Anesbury, MA 01913 Richard A. Hampe,' Esq.
Maynard Young, Chairman Sandra Gauvutis s
New IIampshire Civil Detense Board of Selectmen
'Ibwn of Kingston Agency i
10 Central Road Box 1154 Hampa & McNicholas Rye, MI 03870 East Kensington, NII 03827 bn
$ nil 03301 L
Judith !!. Mizner, Esq.
Edward Thomas Mr. Robert Harrison Silverglate, Gertner, FEMA Pres, & Chief Exec. Officer Baker, Fine, Good & Mizner 442 J.W. McCormack (POGI)
PSCO 88 Broad Street 4
Boston, MA 02109 P.O. Box 330 Boston,tu 02110 Manchester, NI 03105 3 Roberta Pevear i
State Rep.-Town of Hanpt Falls
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Drinkwater Road Hanpton Falls, NII 03844
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