ML20212P736
| ML20212P736 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 08/27/1986 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#386-548 OL-1, NUDOCS 8609030255 | |
| Download: ML20212P736 (5) | |
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DOCKETED USNRC Dated:
Augu 2
9 UNITED STATES OF AMERICA 0FFICE OF ELLiiTAs r 00CKETING & SERVICI.
NUCLEAR REGULATORY COMMISSION BRANCH before the ATOMIC SAJETY AND LICENSING BOARD
)
In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-0L i NEW HAMPSHIRE, et al.
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50-444-OL-l
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On-site Emergency Planning (Seabrook Station, Units 1 and 2) )
and Safety Issues
)
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APPLICANTS' RESPONSE TO THE MOTION FOR RECONSIDERATION FILED AUGUST 15, 1986 BY THE MASSACHUSETTS ATTORNEY GENERAL Applicants herein respond to the Motion for Reconsideration filed under date of August 15, 1986, by the Attorney General of the Commonwealth of Massachusetts (Mass.
AG), and say that for the reasons set forth below it should be denied.2 1
This response will address the Motion and the arguments in it on the merits.
However, the motion is also procedurally infirm.
The Board has not authorized the grant of a 5% license; all the Board has done is set up hearings that may or may not lead to the issuance of an initial decision authorizing such activity.
This Board had no obligation to address all arguments.made in all responses to the Applicants' original motion in light of the course of action it took.
8609030255 860G27 PDR ADOCK 05000443 OSo3
By the mot en, Mass. AG first seeks a declaration that a 5% license may not issue absent the filing of all state and local emergency plans for the political entities located in the plume exposure pathway zone.
The Commission has ruled that:
"Section 50.47(d) gives unqualified authorization to issue a low power license in the absence of NRC or FEMA approval of an offsite emergency plan.
Long Island Lighting Co. (Shoreham Nuclear Power Station, Unit 1),
CLI-83-17, 17 NRC 1032, 1033 (1983) (emphasis added).
Mass. AG's second argument is that a supplement to the EIS for Seabrook must precede issuance of a low power license.
.Two bases were given for this line of argument in Mass. AG's original Answer.
First, it was argued that the Chernobyl accident somehow represents new information bearing on the environmental issues at Seabrook.
The argument is that Chernobyl has or will provide new information on "the impact of serious radiological accidents."
We are unadvised as to the basis for this statement as applied to a PWR like Seabrook.
The second argument is that a Supplemental EIS is necessary because Seabrook is unlikely to operate year round, or at all, given the political situation in Massachusetts.
This argument has been specifically rejected by the Commission which has held that uncertainty ao to the issuance of a full power license is not a changed circumstance warranting a supplemental EIS.
d T.
Long Island Lighting Co. (Shoreham Nuclear Power Station, Unit 1), 19 NRC 1323, 1327 (1984).
Next it is argued that all sirens must be in place in
_ the PEPZ.
No issue concerning this matter is involved in any contention before this Board.
And Mass. AG has offered no evidence that the sirens are not in place.
Clearly, this is a proper matter for Staff resolution prior to license issuance.
Next, it is argued that the parties should have an opportunity to appeal certain rulings granting summary disposition of certain contentions earlier in this proceeding.
This amounts to a premature request for a stay of a yet-to-be-issued decision.
No showing in the nature of l
that required for such a stay has even been attempted.
The final issue raised in the Attorney General's objection to 1 C.6 of the Draft License.
Prescinding from whether this is even within the ambit of any contested issue before this Board, we do not understand the objection.
Taken literally, if upheld, it would hold Seabrook to a less restrictive standard than otherwise would be the case.
Respectfully submitted,
,., - P s G, /j. b }. ; y y.
_L. -.
Thomas"G /.igdan, Jr.
R.
K. Gad III Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100,
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CERTIFICATE OF SERVICE I,
Thomas G.
- Dignan, Jr.,
one of.the attorneys for the Applicants herein, hereby certify that on August 27, 1986, I made service of the within document by mailing copies thereof, postage prepaid, to:
Administrative Judge Sheldon J.
Stephen E. Merrill, Esquire Wolfe, Esquire, Chairman Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S. Nuclear Regulatory Office of tne Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Dr. Emmeth A. Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Robert Carrigg, Chairman Richard A. Hampe, Esquire Board of Selectmen Hampe and McNicholas Town Office 35 Pleasant Street Atlantic Avenue Concord, NH 03301 North Hampton, NH 03862 Andrea C.
Ferster, Esquire Sherwin E. Turk, Esquire Diane Curran, Esquire Office of the Executive Legal Harmon & Weiss Director Suite 430 U.S. Nuclear Regulatory 2001 S Street, N.W.
Commission Washington DC 20009 Washington, DC 20555 Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105 Atomic Safety and Licensing Mr. Ed Thomas Board Panel FEMA, Region I U.S. Nuclear Regulatory 442 John W. McCormack Post Commission Office and Court House Washington, DC 20555 Post Office Square Boston, MA 02309 l
C Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T.
Brock, Esquire Assistant Attorney General Shaines~& McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Floor P.O.
Box 360 Boston, MA 02108 Portsmouth, NH 03801 Gary W. Holmes, Esquire Mr. Peter J.
Matthews Holmes & Ells Mayor 47 Winnacunnet Road City Hall Hampton, NH 03841 Newburyport, MA 01950 Mrs. Sandra Gavutis Mr. Calvin A.
Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950 Senator Gordon J. Humphrey Mr.
J.
P. Nadeau 1 Pillsbury Street Selectmen's Office Concord, NH 03301 10 Central Road (Attn:
Herb Boynton)
Rye, NH 03870 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Judith H. Mizner, Esquire Washington, DC 20472 Silvergate, Gertner, Baker Fine, Good & Mizner Philip Ahrens, Esquire 88 Broad Street Assistant Attorney General Boston, MA 02110 Department of the Attorney General Augusta, ME 04333 b
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~ Thomas C Dignan, Jr.
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