ML20212M750
| ML20212M750 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 08/22/1986 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#386-481 OL, NUDOCS 8608270121 | |
| Download: ML20212M750 (6) | |
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August 22, 1986 e
000KEILC USNHC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'86 ALE 26 P3 :46.
BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL hhd5E[N BRANC!!
In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443 OL NEW HAMPSIIIRE, e_t_ _al.
)
50-444 OL
)
(Seabrook Station, Units 1 and 2)
)
Offsite Emergency Planning NRC STAFF RESPONSE TO APPEAL BOARD'S MEMORANDUM AND ORDER OF AUGUST 11, 1986 On August 11, 1986, the Appeal Board issued a Memorandum and Order (" Order"), requesting the parties' views as to whether the Appeal Board should exercise its authority under 10 C.F.R. I 2.718(i) to direct the certification of two orders by the Licensing Board, ruling on the admissibility of approximately 100 contentions on the New Hampshire 1,/
The NRC Staff hereby responds to the offsite emergency plans.
Appeal Board's Order.
In its Order, the Appeal Board noted that interlocutory review of rulings on contentions is generally not undertaken; and directed certi-fication is normally reserved for instances where the ruling either threatens the party adversely affected by it with immediate and serious irreparable impact that, as a practical matter, could not be alleviated by 1_/
"Memprandum and Order (Ruling on Contentions and Establishing Date and Location for Hearing)" (April 29, 1986); and " Memorandum and Order (Ruling on Late-filed Contentions of Seacoast Anti-Pollution League)" (May 21, 1986).
8608270121 860822 DESICE g OEICIgg PDR ADOCK 05000443 O
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a later appeal, or affects the basic structure of the proceeding in a pervasive or unusual manner (Order, at 2).
The Appeal Board noted, however, that directed certification and interlocutory review may be appropriate with respect to these two rulings,
"in the unique circumstances of this case" (Id., at 3).
In this regard, the Appeal Board cited the following factors:
(1) Unit 1 of the Seabrook plant appears to be close to, or ready for, fuel loading and low power testing and, " assuming a favorable
[ Licensing Board] decision and satisfactory low power testing, the plant cculd be ready for operational testing abcve five percent of is completed (Id., at 4); pite emergency planning phase of the case rated power before the o (2) given the current uncertainty over when offsite emergency planning hearings might commence, an early interlocutory review of the Licensing Board's prior rulings on contentions would be in the public interest, in that it would serve to avert the delay caused either by unnecessary litigation of any contentions which were improperly admitted, or the need to return to hearings later to consider any contentions which were improperly excluded (Id., at 5);
(3) the Appeal Board's present workload is such that the Appeal Board "is in the position to accommodate such appeals without adversely affecting [its] other responsibilities" (Id.); and (4) the current " hiatus" in offsite emergency planning hearings "would seem to provide time for the preparation of briefs by the parties" (Id.).
The Staff shares the Appeal Board's perception that Unit 1 of the Seabrook plant may well be ready for licensing, fuel loading, low power testing, and operational testing above five percent power before the
-2/
The Appeal Board noted that a Licensing Board decision on low power iscues might issue by the end of this year and, " assuming a favorable decision and satisfactory low power testing, the plant could be ready for operational testing above five percent of rated power before the offsite emt;rgency planning phase of the case is completed" (Order, at 4).
offsite emergency planning issues have been resolved. While we recognize that interlocutory review of a Licensing Board's rulings on contentions is not generally undertaken in Commission proceedings, we believe that it could well serve to expedite the conclusion of the Seabrook proceeding, and would therefore appear to serve the public interest.
Accordingly, the Staff does not oppose the procedure suggested by the Appeal Board.
Respectfully submitted, ME I d Sherwin E. Turk Senior Supervisory Trial Attorney Dated at Bethesda, Maryland this 22nd day of August,1986 t
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DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'86 ALE 26 P3 46.,
BEFORE TIIE ATOMIC SAFETY AND LICENSING APPEAL hkdbNk[]N BRANCH In the Matter of
)
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443 OL NEW HAMPSHIRE, et _al.
)
50-444 OL (Seabrook Station, Units 1 and 2)
)
(Offsite Emergency Planning)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO APPEAL BOARD'S MEMORANDUM AND ORDER OF AUGUST 11, 1986" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, this 22nd day of August,1986.
Helen Hoyt, Esq., Chairman
- Dr. Emmeth A. Luebke*
Administrative Judge Administrative Judge 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 Dr. Jerry liarbour*
Ms. Carol Sneider, Esq.
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor Washington, D.C.
20555 Boston, MA 02108 Beverly llollingworth Stephen E. Merrill 209 Winnacunnet Road Attorney General llampton, NII 03842 George Dana Bisbee Assistant Attorney General Sandra Gavutis, Chairman Office of the Attorney General Board of Selectmen 25 Capitol Street RFD 1 Box 1154 Concord, NH 03301-6397 Kensington, Nil 03827 Richard A. Hampe, Esq.
New Ilampshire Civil Defense Agency.
107 Pleasant Street
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Concord, NH 03301 i
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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, Nil 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.
20000 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, #6 Augusta, ME 04333 II.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 Seacoast Anti-Pollution League Board
- 5 Market Street U.S. Nuclear Regulatory Commission Portsmouth, Nil 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, Nil 03801 e
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Docketing and Service Section*
William Armstrong Office of the 4ecretary 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 flampton, 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 11. Mizner, Esq.
Silverglate, Gertner, Baker Fine and Good 88 Broad Street Boston, MA 02110 Sherwin E. Turk Senior Supervisory Trial Attorney
.