ML20212D198

Objection & Motion for Reconsideration of ASLB 861223 Order Re Offsite Emergency Planning & Safety Issues.Order Should Be Vacated.Certificate of Svc Encl

ML20212D198
Person / Time
Site:	Seabrook
Issue date:	12/24/1986
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:	Atomic Safety and Licensing Board Panel
References
CON-#486-2037 OL, NUDOCS 8612310312
Download: ML20212D198 (4)

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December 24, 1986 00tKEIEC USHRC L <

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMNIISSION

'86 DEC 30 P1 :07 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD cffn E -- Pf 00 Chi.ii!G I a "f-Bk 3 NW In the-matter.of: gf-PUBLIC SERVICE COMPANY OF Do c k e t 'th) . 50-44 OL NEW HAMPSHIRE, ET AL '

(Seabrook Station, Units 1 and 2) Offsite Emergency Planning

& Safety Issues SAPL OBJECTION AND MOTION FOR RECONSIDERATION OF ASLB ORDER OF DECEMBER 23, 1986_

By tel9 phone, the ASLB has informed SAPL that it, and the other parties to the Seabrook case, are expected to reply to the Applicants',

10 CFR 2.758 waiver request dated December 18, 1986 by January 27, 1987, with all responses to be served in hand.

This order, made without input from the parties, represents a new low in arbitrary and unreasonable decision making on the part of this Board. This Board does have the duty to conduct a "f air and impartial hearing" pursuant to 10 CFR 2.718, as well as under the Atomic Energy Act, the Administrative Procedure Act, and indeed, under the United States Constitution.

The petition as to which this response is ordered consists of voluminous materials, including two complex and extensive studies, the Seabrook Stat ion Management and Emergency Planning Study (about D

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i one inch thick) and the Seabrook Station Emergency Planning Sensitivity Study (close to half an inch thick).

These studies, in turn derive from the PLG Seabrook Station "Probabilistic Risk Assessment," since renamed "Probabilistic Sa f e ty Asses smen t ," wh ich was compl e t ed in 1983, and has been under review by an NRC contractor, Brookhaven Nat ional Lab, f or many months.

NRC, in furnishing the Brookhaven technical evaluation to the parties by a letter dated December 8, 1986, told the addressee, the l president of Public Service Company, "You should note the NRC staff process of review and comment on the Brookhaven draf t has j us t begun, and the Brookhaven final repor t will not be produced unt il the authors have had an opportunity to assess formal NRC staff comments."

For this Board to suggest, much less order, responses to this massive technical material, which took the Applicants with their resources years to develop, in one month's time, is on its face arbitrary and capricious, and inconsistent with this Board's duty to adjudicate matters between the perties in an even handed way.

In addition, SAPL hereby adopts and incorporates as part of this Obj ect ion and Motion, the intervenors joint mot ion for immediate stay of ASLB proceedings and joint petition for appointment of administrative judge end request for a hearing, December 22, 1986.

WHEREFORE, SAPL moves that the Board's Order of December 23 be vaca ted, and tha t fur ther proceedings be held in accordance with the December 22 pleadings filed on behalf of the joint intervenors, referenced above.

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Respectfully submitted,

SEACOAST ANTI-POLLUTION LEAGUE By its attorney, BACKUS, MEYER & SOLOMON

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g Robert A. Backus P. O. Box 516 116 Lowell Street Manchester, N.H. 03105 Tel: (603) 668-7272 DATE: December 24, 1986 I hereby certify that a copy of the within SAPL Obj ect ion ond Motion for Reconsiderat ion of ASLB Order of December 23, 1986 has been sent this date, firs t class, postage prepaid, to those list,ed on the at tached service list.

/ / ,* * -

flober t 4; Backus

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). CERTIFICATE OF SERVICE AND SERVICE LIST Asst.Gn.Cnsl.~ Helen Hoyt. Chm.

• Thomas Dignan, Esq.*

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' Joseph Flynna lgmt.

Emerg, Agcy. Admn. Judge Ropes & Gray L 500 C.St. So. West Atomic Safety & Lic Brd. 225 Franklin St.

Washington, DC 20472 USNRC Boston, MA 02110 Washington, DC 20555 Office of Selectmen Dr. Jerry Harbour

• Docketing & Serv. Sec.>

Town of Hampton Falls Admin. Judge Office of the Secretary.

i. Hampton Falls, NH 03844 Atomic Safety & Lic Brd. USNRC USNRC Washington, DC 20555

' i Washington, DC 20555

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• Office of Exec. Legl. Dr. Dr. Emmeth A. Luebke Jane Doughty Admin Judge SAPL S RC Wahsington, DC 20555 Atomic Safety & Lic. Brd. 5 Market Street USNRC Portsmouth, NH 03801 Washington, DC 20555 i Phillip Ahrens, Esq. Paul McEachern, Esq. George Dana Bisbee, Esq.

Asst. Atty. General Matthew Brock, Esq. Attorney General's OFF.

State House, Sta. #6 25 Maplewood Ave. State of New Hampshire Augusta, ME 04333 P.O. Box 360 Concord, NH 03301 Portsnouth, hE 03801 Carol Sneider, Esq. , Asst. AG Diane Curran, Esq. William S. Iord One Ashburton Place, Harmon, Weiss Board of Selectmen-19th Floor 20001 S Street NW Suite 430 Boston, MA 02108 Town Hall-Friend St.

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Washington, DC 20009 Amesbury, MA 01913 Richard A. Hampe, Esq. Maynard Young, Chairman Sandra Gauvutis New Hampshire Civil Deiense Board of Selectmen Town of Kingston Agency 10 Central Road Box 1154 Hampe & McNicholas Rye, hE 03870 East Kensington, h3 03827 35 Pleasant St.

05ncord, hE 03301 Judith H. Mizner, Esq. Edward Thomas Mr. Robert Harrison Silverglate, Gertner, FEMA Pres & Chief Exec. Officer Baker, Fine, Good & Mizner 442 J.W. McComack (POCH) PSOO 88 Broad Street Boston, MA 02109 P.O. Box 330 Boston, MA 02110 Manchester, hR 03105 Poberta Pevear State Rep.-Town of Hanpt Falls Drinkwater Road Hanpton Falls, NH 03844 2

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