ML20211N709

Objection to & Motion for Reconsideration of ASLB 861204 Memorandum & Order Requiring Actual Receipt of Papers Re Emergency Planning Contentions on or Before Actual Deadlines

ML20211N709
Person / Time
Site:	Seabrook
Issue date:	12/15/1986
From:	Lord W AMESBURY, MA
To:	Atomic Safety and Licensing Board Panel
References
CON-#486-1915 OL, NUDOCS 8612180286
Download: ML20211N709 (3)

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,  ;,;NDI-s meslaury Board of Selectmen Town Hall, Amesbury, MA 01913

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BEFORE THE A'IOMIC SAFETY AND LICENSING BOARD In the matter of ) Docket Nos. 50-443-OL

) 50-444-OL PUBLIC SERVICE COMPANY )

Offsite Emergency Planning OF NEW HAMPS!! IRE, et al. )

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(Scabrook Station, Units 1 & 2) ) December 15, 1986

'IOWN OF AMESBURY'S OBJECTION TO AND MOTION FOR RECONSIDERATION OF Tile BOARD'S MEMORANDUM AND ORDER OF DECEMBER 4, 1986.

Now comes the Town of Amesbury ('IDA) objecting to, and re-questing this Board to reconsider and amend, the Order of the Board, December 4, 1986.

In support of this motion, the TOA states:

A. 1. In its order, the Board directed,

". . .that service of papers relating to offsite emergency planning contentions be effected by express mail or personal delivery in any instance where normal service would not result in actual reciept of those pag rs on or before a deadline for the filing of those papers (emphasis added)."

2. The 'IDA objects to the Board's order requiring actual reciept of papers on or before actual deadlines, and that in ordering so, the order violates 10 CFR 2.710 and 10 CFR 2.712(d) (3) .

The TOA acknowledges the right of the presiding officer to require service by express mail (10 CFR 2.712(c)) . However, the requirement of reciept of papers on or before a deadline actually reduces a parties time by from two to five days for completion of their required tasks. In the case of " Replies of Intervenors to Applicants' and Staff Responses", should the Staff response be D ()

8612180286 861215 PDR ADOCK 05000443 O PDR

(2) l recieved on the deadline of 12-22-86, the intervenors would be required to complete their replies in three days or less in order to meet the deadline of 12-29-86.

Furthermore, 10 CFR 2.712(d) (3) states that " Service upon a party is completer (3) By mail, on deposit in the United States Mail, properly stamped and addressed (emphasis added) ."

The TOA moves this Board to reconsider its order and to amend the order by striking the directive of service and to follow the accepted standards of service as provided in 10 CFR 2.710 and 10 CFR 2.712.

B. 1. In its order of 12-4-86, the Board established its schedule of NH Offsite Emergency planning Contentions.

2. The TOA objects to the schedule as ordered, and that its establishment violates the provisions of 10 CFR 2.718 requiring a fair and impartial hearing:

"A presiding officer has the duty to conduct a fair and impartial hearing..."

3. The Board grants the Applicants 15 days and the Staff 21 days to respond to contentions, while allowing only 7 days for the Intervenors' subsequent replies. Included in the Intervenors' 7 days are Christmas Day, a waekend, and one day for express mail, leaving Fut 3 days for Intervenor replies.

4. The Board makes no provision for a pre-hearing conference on the contentions as provided under 10 CFR 2.752(a) .

5. The schedule bmposes an excessive burden on intervenors and their limited resources, allowing but 12 days for answers to interrogatories while providing the Applicants 18 days to file requests for discovery.

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6. The schedule allows only 10 days for pre-filed testimony after the Board's ruling on motions for summary disposition. The Board's order once again imposes a burden on the Intervenors and their limited resources. The importance of pre-filed testimony should not be lessened merely to speed up the hearing process.

7. The Board's schedule follows that proposed by the Applicants nearly to the day, and appears to have been established without regard to the proposals of other parties, including the Staff.

8. The 'IOA moves this Board reconsider and amend its schedule, and re-establish a schedule that more fairly meets the needs of all the parties, and suggests the Board consider the schedules as proposed by Intervenors SAPL and/or NECNP.

For the wn of Amesbury,

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William S. Lord Amesbury Board of Selectmen CERTIFICATE OF SERVICE I, William S. Lord, certify that the TOWN OF AMESBURY'S OBJECTION

'IO AND NOTION FOR RECONSIDERATION OF Ti!E BOARD'S MEMORANDUM AND ORDER OF DECEMBER 4,1986, has been served on the attached list of parties, by first-class mail, this 15th day of December, 86.

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. William S. Lord December 15, 1986

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