ML20212E892

Atty General Fx Bellotti Objection & Motion for Reconsideration of 861223 Order Setting Schedule for Applicant Petition.* Order Opposed Due to Unreasonable Deadline for Filing Response

ML20212E892
Person / Time
Site:	Seabrook
Issue date:	12/30/1986
From:	Bronstein D, Sneider C MASSACHUSETTS, COMMONWEALTH OF
To:	Harbour J, Hoyt H, Luebke E Atomic Safety and Licensing Board Panel
Shared Package
ML20212E896	List: ML20212E892 ML20212E905 ML20212E990
References
CON-#187-2081 OL, NUDOCS 8701050509
Download: ML20212E892 (4)

Text

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UNITED STATES OF AMERICA ht NUCLEAR REGULATORY COMMISSION

'Eg Jm -2 PS :44 Before Administrative Judges:

Helen F. Hoyt, Chairperson Emmeth A. Luebke Jerry Harbour (ffy,.

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In the Matter of )

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PUBLIC SERVICE COMPANY OF NEW ) Docket Nos.

HAMPSHIRE, ET AL. ) 50-443/444-OL (Seabrook Station, Units 1 and 2) ) (Off-Site EP)

) December 30, 1986

)

ATTORNEY GENERAL FRANCIS X. BELLOTTI'S OBJECTION AND MOTION FOR RECONSIDERATION OF DECEMBER 23, 1986 ORDER SETTING SCHEDULE FOR APPLICANTS' PETITION Attorney General Francis X. Bellotti objects to, and moves that this Board reconsider and vacate, its Order of December 23, 1986, which established a deadline of January 27, 1987 for the filing of any response, including counter-affidavits or other documents in response to Applicants' Petition Under 10 C.F.R. 2.758 and 10 C.F.R. 50.47(c) With Respect to The Regulation Requiring Planning For a Plume Exposure Pathway Emergency Planning Zone in Excess of a One-Mile Radius. (" Applicants' Petition").

In support of his Objection and Motion, Attorney General Bellotti states:

1. The Applicants' Petition was served on the Attorney General on December 19, 1986. It includes several volumes of 8701050509 861230 PDR ADOCK 05000443 0

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studies and documents, either accompanying the Petition or incorporated by reference therein.

2. The documents and studies relied upon by the Applicants in their extraordinary and unprecedented request for a waiver were the result of many months of research and review, conducted at great expense.

3. The NRC Staff has been studying many of the Applicants' documents for at least six months and has still not completed I its review.

4. Attorney General Bellotti, as well as the other intervenors, must, by the nature of the issues presented, contract with experts to review the technical basis for the Petition. The counter-affidavits referred to in the Board's Order, see C.F.R. 2.758(b), can only be submitted after these experts have completed their review.

5. Attorney General Bellotti expects to submit counter-affidavits from al least three experts, and quite probably many more. The task alone of identifying subject areas to be covered in such counter-affidavits and securing experts to perform the necessary analyses is laborious and time-consuming and will require a period greatly in excess of the January 27, 1987 deadline.

6. Two of the experts already contacted by Attorney General Bellotti have stated that they will need at least six months to conduct the necessary technical review. See 1

Affidavit of Steven C. Sholly and Affidavit of Gordon Thompson, attached hereto and incorporated by reference. A third expert, a university professor, likely to be hired by Attorney General Bellotti, has been unavailable since the filing of Applicants' Petition, due to the holiday period.

7. The severity of the January 27, 1987 deadline is exacerbated by the unreasonably compressed schedule which this  ;

Board has ordered for litigation of the New Hampshire emergency response plans. In addition, the parties and their experts can anticipate that any administrative and court appeals from a decision authorizing low power operation may also occur in January, 1987.  ;

8. The January 27, 1987 deadline, is completely unreasonable and unfeasible. Moreover, Attorney General Bellotti objects to the deadline having been established without any input from the NRC Staff or the intervenors. A more reasonable schedule, suggested by the NRC Staff, would provide for a late January deadline for the filing of proposed schedules.

9. On December 24, 1986, the Commissioner, upon consideration of Intervenors' Joint Petition for Appointment of Administrative Judge and Request for Hearing, ordered that that petition "is directed to the Chief Administrative Judge."

Consequently, the setting of any schedule should be deferred until the Chief Administrative Judge acts pursuant to the Commission's directive.

1 6 ,

WHEREFORE, Attorney General Bellotti requests that this Board reconsider and vacate its Order of December 23, 1986 and await further action on Applicants' Petition by '.he Chief Administrative Judge pursuant to the Commission's Order of December 24, 1986.

Respectfully submitted, FRANCIS X. BELLOTTI By: hd .

M[

Donald S. Bronstein Assistant Attorney General 6f E Carol S. Sneider Y '

rW Assistant Attorney General Environmental Protection Division Department of the Attorney General One Ashburton Place, Room 1902 Boston, MA 02108 (617) 727-2265 Dated: December 30, 1986