ML20211P025
| ML20211P025 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/07/1986 |
| From: | Sherwin Turk NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#386-930 OL, NUDOCS 8607110252 | |
| Download: ML20211P025 (6) | |
Text
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'O 07/07/86 DOCNETED USHRC U'1ITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION M J1. -9 P1 :37 BEFORE TIIE ATOMIC SAFETY AND LICENSING {,6Xh(EgJ e.ICL Rt TAR Y
,aA c.
w wi In the Matter of
)
PUBLIC SERVICE COMPANY OF
) Docket Nos.
50-443 OL NEW IIAMPSlilRE, et al.
)
50-444 OL
)
(Seabrook Station, Units 1 and 2)
)
)
NRC STAFF'S ANSWER TO APPLICANTS' MOTION TO STRIKE PORTIONS OF STAFF RESPONSE TO APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION On June 16, 1986, the Applicants filed a " Motion to Strike Portions of Staff Response to Applicants' Motion for Summary Disposition"
(" Motion").
For the reasons set forth below, the NRC Staff (" Staff")
submits that the Applicants' Motion should be dismissed or denied.
A.
The Applicants' Motion Constitutes An Improper Reply.
The instant motion seeks to " strike" portions of the Staff's June 11, 1986 response O o various of Applicants' motions for summary disposition t
2_/
In support of this motion, the Applicants filed on May 20, 1986.
respond to various statements contained in the " Affidavit of Edward A.
1_/
"NRC Staff's Answer to Motions for Summary Disposition of Off-Site Emergency Planning Contentions"
(" Staff's Response"), filed on June 11,1986.
2/
The Applicants filed ten motions seeking summary disposition in whole or in part with respect to 20 offsite emergency planning contentions.
These motions are listed in the Staff's Response, at n.1.
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Thomas", which was attached to and relied upon in the Staff's Response.
As such, the Applicants plainly seek to reply to the Staff's response l
to their summary disposition motions, in direct contravention of the
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)
provisions of 10 C.F.R. 52.749(a). That rule provides as follows:
l 1
(a)
Any party to a proceeding may move, with or j
j without supporting. affidavits, for a decision by the presiding officer in that party's favor as to all or any I
part of the matters involved in the proceeding.
[
Any other party may serve an answer supporting or i
i opposing the motion The opposing party may J
respond in writing to new facts and arguments
[
presented in any statement filed in support of the motion.
No further supporting statements or responses hereto shall be entertained.
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l The Applicants' characterization of their Motion as a " motion to j
2 l
strike" does not alter f he basic nature of the Motion, nor should their
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i choice of this rubric be permitted to disguise the fact that the Motion i
l is not permitted to be filed under the Commission's rules.
For these
.[
t reasons, the Motion should be dismissed or denied.
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B.
The Motion Is Without Merit.
I i
The Applicants' Motion asserts, in large part, that the Staff's I
response to their motions for summary disposition improperly addresses l
i l
i inadequacies alleged to arise out of the exercise, not out of the plans themselves.
The contentions at bar are contentions of inade-quacies in the plans, not the exercise deficiencies."
(Motion, at 1,
i 2, 3).
This assertion, however, ignores the facts that (1) the exercise 4
results at issue do relate to the adequacy of the plans, themselves (see i
Affidavit of Edward A. Thomas at 117(D), 7(F), and 7(G)); and (2) the
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exercise results provide important information to the RAC and ~ FEMA as j
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,_. _.. _, - _. _ _. _. _ a
t to whether there is reasonable assurance that the plans are adequate and capable of being implemented.
See 10 C.F.R. 550.47(a)(2) and Part 50, Appendix E, IIV.F.
The Applicants' attempt to exclude the exercise results from the Board's consideration would preclude the Board from considering information which FEMA has determined to be relevant to its evaluation of the adequacy of the plans, within the scope of the subject contentions.
For all of these reasons, the Applicants' Motion should be denied. b CONCLUSION For the reasons set forth above, the Staff submits that the Appli-cants' Motion should be dismissed or denied.
Respectfully submitted, k
Sherwin E. Turk Senior Supervisory Trial Counsel Dated at Bethesda, Maryland this 7th day of July,1986 l
-3/
In addition to opposing the Board's consideration of the exercise results in connection with the pending motions for summary dispo-sition, the Applicants raise ' other assorted objections to various statements contained in the Affidavit of Edward A. Thomas.
These rather minor objections plainly constitute an improper attempt to reply to the Staff's Response.
In the interest of averting what could become an endless round of replies and counterreplies, pro-hibited under 10 C.F.R. 52.749, the Staff does not here respond to these objections, but rests upon the statements contained in its response to the motions for summary disposition.
l 1
i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION t
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD j
In the Matter of
)
a
)
l PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443 OL 1
NEW HAMPSHIRE, et al.
)
50-444 OL i
)
(Seabrook Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE
't I hereby certify that copies of "NRC STAFF'S ANSWER TO APPLICANTS' i
1 MOTION TO STRIKE PORTIONS OF STAFF RESPONSE TO APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION" in the above-captioned proceeding j
have been served on the following by deposit in the United States mail, j
first class or, as indicated by an asterisk, through deposit in the j
Nuclear Regulatory Commission's internal mail system, this 7th day of July, 1986.
l i
i Helen Hoyt Esq., Chairman
- Dr. Emmeth A. Luebke*
1 Administrative Judge Administrative Judge j
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 l
f Dr. Jerry liarbour*
Ms. Carol Sneider, Esq.
i Administrative Judge Assistant Attorney General j
Atomic Safety and Licensing Board Office of the Attorney General i
U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor i
Washington, D.C.
20555 Boston, MA 02108 l,
Beverly Hollingworth Stephen E. Merrill l
200 Winnacunnet Road Attorney General Hampton, NH 03842 George Dana Bisbee
{
Assistant Attorney General i
Sandra Gavutis, Chairman Office of the Attorney General i
Board of Selectmen 25 Capitol Street l
l RFD 1 Box 1154 Concord, NH 03301-6397 l
Kensington, NH 03827
+
Richard A. Hampe, Esq.
i New Hampshire Civil Defense Agency 107 Pleasant Street i
Concord, NH 03301 l
r
+
1,
i 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, NH 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 430 116 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, #G 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 Scacoast 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 Commission Shaines & McEachern Washington, D.C.
20555 25 Maplewood Avenue P.O. Box 360 Portsmouth, NH 03801 i
\\.
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 Office 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, P!A 02110 s
A u E IA Sherwin E. Turk Senior Supervisory Trial Counsel
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