ML20212F331
| ML20212F331 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/02/1987 |
| From: | Bronstein D MASSACHUSETTS, COMMONWEALTH OF |
| To: | Harbour J, Hoyt H, Linenberger G Atomic Safety and Licensing Board Panel |
| References | |
| CON-#187-2657 OL, NUDOCS 8703050066 | |
| Download: ML20212F331 (9) | |
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DCLKE T EL' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 87 WR -3 P12:22 Before Administrative Judges:
Helen F. Hoyt, Chairperson
- jipl Gustave A.
Linenberger, Jr.
Jerry Harbour
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In the Matter of
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PUBLIC SERVICE COMPANY OF NEW
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Docket Nos.
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50-443/444-OL (Seabrook Station, Units 1 and 2)
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(Off-Site EP)
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March 2, 1987
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ATTORNEY GENERAL JAMES M.
SHANNON'S NOTICE OF INTENTION TO PARTICIPATE ON NEWLY ADMITTED CONTENTIONS AND OBJECTION TO AND MOTION FOR RECONSIDERATION OF HEARING SCHEDULE Attorney General James M. Shannon hereby notifies the Licensing Board and the parties to this proceeding of his intention to participate as representative of an interested state pursuant to 10 CFR S 2.715(c) on the following contentions admitted to the proceeding by the Board's Order dated February 18, 1987:
ToH Revised Contention III; ToH Revised Contention IV; ToH Revised Contention VI; ToH Revised Contention VIII; NECNP Contention RERP-8; SAPL Revised Contention 31; Reasserted SAPL Contention 8; SAPL Contention 8A; Reasserted SAPL Contention 16; SAPL Contention 33; and SAPL Contention 34.
Attorney General Shannon, pursuant to 10 CFR SS 2.751(d) and 2.730, further objects to the hearing schedule established 0703050066 870302 PDR ADOCK 05000443 jyb3
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n in the Board's Order of February 181!and moves that the Board reconsider that schedule as set forth below.2/
Attorney General Shannon objects to the date of June 1, 1987 established in the Board's schedule for commencement of S'ction 2.743(b) of the Commission's regulations hearings.
e requires that written testimony shall be served "on each other party at least fifteen (15) days in advance of the session of the hearing at which its testimony is to be presented."
10 CFR S 2.743(b) (emphasis added).
See also 10 CFR Part 2, App. A V(d)(2) ("The parties are required to submit direct testimony in written form.
. pursuant to the schedule established at the second prehearing conference -- in any event, at least 15 days in advance of the session of the hearing at which such testimony is to be presented, unless the board orders otherwise on the basis of objections presented.") (emphasis added).
The schedule established by the Board's February 18th 1/
The Board's Order, although scheduled to be issued on February 13, 1987, is dated February 18, 1987 and was not served on the parties until February 19, 1987 by regular mail.
The Attorney General received the Order on February 23, 1987.
The Board's delay in issuing and serving the Order (notably, not by express mail as required of the parties) is alone sufficient basis for a 10-day extension of the hearing schedule insofar as it has resulted in the Commonwealth losing virtually half (10 days) of the already inadequate (21-day) discovery period.
See Intervenors' Joint Motion to Extend Hearing Schedule, dated February 25, 1987.
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Attorney General Shannon notes that he has joined in the Intervenors' Joint Motion To Extend Hearing Schedule filed on February 25, 1987.
Due process requires an extension of the schedule as set forth in that motion.
The instant motion sets forth additional considerations that the Board should take into account in ordering a revision of the schedule.
f-Order leaves only ten days between the date scheduled for submission of written testimony (May 21, 1987) and the commencement of the hearings (June 1, 1987) and therefore violates the Commission's regulations, which provide for a shortening of the required fifteen day period only upon objection of a party.
There has been no objection to the minimum fifteen-day time period and therefore the schedule must be revised in accordance with the regulations.
Moreover, in light of the large number of parties and contentions now admitted to this proceeding by the Board's Order of February 18, it is certain that the pre-filed testimony will be voluminous.
Therefore, ten (or even fifteen) days will not provide nearly sufficient time for the parties to review the direct testimony and prepare cross-examination and a
rebuttal testimony.
The Commonwealth therefore moves that the Board allow at least thirty days between the time established for submission of testimony and the commencement of hearings, including ample time for submission of rebuttal testimony.3/
3/
The Board's apparent requirement that all parties (including Applicants, intervenors, FEMA and NRC Staff) submit their testimony simultaneously places intervenors (and interested states) in the nearly impossible position of having to submit testimony to rebut that of the Applicants (who, under 10 C.F.R. S 2.732, have the burden of proof) and presumably that of FEMA (whose findings of adequacy constitute a rebuttal i
presumption under 10 C.F.R.
S 50.47(c)(2)), without having first reviewed the Applicants' testimony.
Attorney General Shannon therefore suggests that any revised schedule provide first for the submission of testimony by Applicants and FEMA and then for the submission of testimony by other parties at least 14 days thereafter.
If the Board insists on the simultaneous submiscion of testimony, it should provide an o
additional period for submission of rebuttal testimony by intervenors.
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3 In light of the large number of contentions now admitted for hearing, the Attorney General further moves that the Board revise it's schedule to allow for a prehearing conference prior to the commencement of hearings.
A prehearing conference is required by Section 2.752 which provides that:
(a) The Commission or the presiding officer may, and in the case of an application for.
. an operating license.
. shall direct the parties or their counsel to appear at a specified time and place for a conference to consider:
(1) Simplification, clarification, and specification of the issues; (2) The necessity or desirability of amending the pleadings; (3) The obtaining of stipulations and admissions of fact and of the contents and authenticity of documents to avoid unnecessary proof; (4) Identification of witnesses and the limitation of the number'of expert witnesses, and other steps to expedite the presentation of evidence; (5) The setting of a hearing schedule; and (6) Such other matters as may aid in the orderly disposition of the proceeding.
A prehearing conference held under this section in a proceeding involving a construction permit or operating license shall be held within sixty (60) days after discovery has been completed, or such other time as the Commission or the presiding officer may specify.
10 CFR S 2.752(a) (emphasis added).
Moreover, a conference is necessary in this case to narrow the issues and establish an orderly and manageable schedule for hearing on the large number of contentions admitted.
Indeed, inconformancew(h10C.F.R.
S 2.752(a)(5), the Board should not establish any schedule for hearing and submission of testimony until after the prehearing conference.
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Attorney General Shannon therefore moves that the Board reconsider its Order of February 18, 1987, amend the hearing schedule, set a date after the close of discovery.for a prehearing conference, and, at or after that conference, establish a schedule for the submission of written testimony and the commencement of hearings at least 15 days after such-submission.
a Respectfully submitted, JAMES M. SHANNON ATTORNEY GENERAL
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Donald S.
Bronstein Carol S. Sneider Assistant Attorneys General Environmental Protection Division One Ashburton Place, Rm. 1902 Boston, Massachusetts 02108 617-727-2265 Date:
March 2, 1987 y
L 63 UNITED STATES OF AMERICA fehfah NUCLEAR REGULATORY COMMISSION
'87 MR -3 R2 :22
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Iny-the Matter of
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- PUBLIC SERVICE COMPANY OF NEW
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Docket'No.(s) 50-443/444-OL HAMPSHIRE, ET AL.
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(Seabrook Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I,
Donald S. Bronstein, hereby certify that on March 2, 1987 I made service of the within document, by mailing copies thereof, postage prepaid, by first class mail, or as indicated by an asterisk, by Federal Express mail, to:
- Helen F.
Hoyt,_ Chairperson
- Gustave A. Linenberger, Jr.
Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Third Floor Mailroom Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814
- Dr. Jerry Harbour
- Sherwin E. Turk, Esq.
Atomic Safety & Licensing Board Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S. Nuclear Regulatory Commission East West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814 H. Joseph Flynn, Esq.
Stephen E. Merrill Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee l
Federal Emergency Management Assistant Attorney General l
Agency Office of the Attorney General 500 C Street, S.W.
25 Capitol Street Washington, DC 20472 Concord, NH 03301
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- Docketing and Service Paul A.
Fritzsche, Esq.
U.S.
Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC.
20555 Augusta, ME 04333 Roberta C.
Pevear Ms. Diana P.
Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A.
Backus, Esq.
Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O. Box 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S.
Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq.
J.
P.
Nadeau Matthew T.
Brock, Esc.
Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O.
Box 360 Portsmouth, NH 03801 Ms. Sandra Gavutis, Chairperson Mr. Calvin A.
Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street E.
Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J.
Humphrey Mr. Angelo Machiros, Chairman U.S. Senate Board of Selectmen Washington, DC 20510 25 High Road (Attn: Tom Burack)
Newbury, MA 10950 Senator Gordon J.
Humphrey Mr. Peter J. Matthews 1 Eagle Square, suite 507 Mayor Concord, NH 03301 City Hall (Attn: Herb Boynton)
Newburyport, MA 01950 Mr. Donald E. Chick Mr. William Lord Town Manager Board of Selectmen Town of Exeter Town Hal'1 10 Front Street Friend St reet Exeter, NH 03833 Amesbury, MA 01913 u
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Brentwood Board of Selectmen Gary W.
Holmes, Esq.,
RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahrens, Esq.
Diane Curran, Esq.
Assistant Attorney General Harmon & Weiss Department of the Attorney Suite 430 General 2001 S Street, N.W.
State House Station #6 Washington, DC 20009 Augusta, ME 04333
- Thomas G.
Dignan, Esq.
Richard A.
Hampe, Esq.
R.K. Gad III, Esq.
Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH 03301 Boston, MA 02110 Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W.
McCormack (POCH)
Boston, MA 02109 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Sheldon J. Wolfe, Chairperson Civil Defense Director Atomic Safety and Licensing Town of Brentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Commission Exeter, NH 03833 Washington, DC 20555 Dr. Emmeth A. Luebke, Jr.
Charles P. Graham, Esq.
Atomic Safety & Licensing Board McKay, Murphy & Graham U.S.
Nuclear Regulatory Old Post Office Square l
Commission 100 Main Street l
East West Towers Building Amesbury, MA 01913 l
4350 East West Highway Third Floor Mailroom Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814 Judith H. Mizner, Esq.
j Silvergate, Gertner, Baker, l
Fine, Good & Mizner j
88 Broad Street Boston, MA 02110.__- -
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.s Rep. Edward J. Markey, Chairman U.S. House of Representatives Subcommittee on Energy Conservation and Power Room'H2-316 House Office Building Annex No. 2 Washington, DC 20515 Attn:
Linda Correia
,,,.. l <!. f..
f, Donald S.
Bronstein Assistant Attorney General Environmental Protection Division Dated:
March 2, 1987 i
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