ML20214D683

Memorandum & Order Admitting Town of West Newbury,Ma to Participate in Earliest Stages of Litigation in View of Absence of Commonwealth of Ma Radiological Emergency Response Plan

ML20214D683
Person / Time
Site:	Seabrook
Issue date:	11/20/1986
From:	Hoyt H Atomic Safety and Licensing Board Panel
To:	WEST NEWBURY, MA
References
CON-#486-1605 82-471-02-OL, 82-471-2-OL, OL, NUDOCS 8611240200
Download: ML20214D683 (3)

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UNITED STATES OF AMERICA 3;[

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD '86 NOV 21 P2 :26 Before Administrative Judges:

Helen F. Hoyt, Chairperson f Emmeth A. Luebke [0hs3d0, / "1 Jerry Harbour 1

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In the Matter of ) Docket Nos. 50-443-OL 50-444-0L PUBLIC SERVICE COMPANY (ASLBPNo. 82-471-02-0L) 0F NEW HAMPSHIRE, e_t,al.

t (Offsite Emergency Planning)

(Seabrook Station, Units 1 and 2) ) November 20, 1986

MEMORANDUM AND ORDER On May 23, 1986 the Town of West Newbury (TOWN), Massachusetts submitted two petitions to either (1) participate as an interested municipality in these proceedings under 10 C.F.R. 92.715(c) or (2) to intervene in the proceedings under the provisions of 10 C.F.R. 92.714(a)(1). (PETITION OF THE TOWN OF WEST NEWBURY, MASSACHUSETTS TO PARTICIPATE AS AN INTERESTED MUNICIPALITY IN THE PROCEEDINGS RELATED TO THE LICENSING OF SEABROOK STATION ON CONTENTIONS RELATING TO ANY MASSACHUSETTS RADIOLOGICAL EMERGENCY RESPONSE PLAN SUBMITTED AND/0R CONSIDERED BY THE NUCLEAR REGULATORY CUrWISSION, AND PETITION OF THE TOWN OF WEST NEWBURY, MASSACHUSETTS TO INTERVENE IN THE PROCEEDINGS RELATED TO THE LICENSING 0F SEABROOK STATION RELATING TO ANY MASSACHUSETTS RADIOLOGICAL EMERGENCY RESPONSE PLAN SUBMITTED AND/0R CONSIDERED BY THE NUCLEAR REGULATORY COMMISSION,).

8611240200 861120 PDR ADOCK 05000443 G PDR 33c7-_

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TOWN states that its concerns relate to " Contentions" concerning any Massachusetts Radiological Emergency Response Plan (MRERP). At present, no MRERP is before this Board although the Board,was advised that Applicants in this proceeding "have personnel working on a

'Shoreham' type of plan for the Massachusetts portion of the emergency planning zones." (APPLICANTS' RESPONSE TO NECNP's MOTION TO HOLD OFFSITE EMERGENCY PLANNING PROCEEDING IN ABEYANCE - November ~ 12, 1986, page 2, footnote 2).

The NRC Staff position on TOWN's motions was expressed in NRC Staff Response To Petition To Intervene To The Town Of West Newbury, June 12, 1986. Staff found that TOWN had not met its burden under the $2.714(a) late-filing requirements and opposed admitting of TOWN pursuant to this section. The Staff has no objection to granting TOWN leave to participate as an interested municipality under 62.715(c). As the Staff notes, TOWN must take the proceeding as it finds it. (Long Island Lighting Co. (Shoreham Station, Unit 1), LBP-83-13, 17 NRC 469,471 (1983)). TOWN should be aware that if it intends to file contentions on the MRERP, its contentions will be required to meet the same timeliness and specificity standards as those submitted by parties admitted under the provisions of 10 C.F.R. 92.714.

l The Applicants' Response To Filings Of West Newbury was dated l June 5, 1986. Applicants' position is that TOWN qualifies now for a

$2.715(c) status but "a final decision on 10 C.F.R. 92.714 status must await a demonstration with respect to the ' late filing' criteria for )

l late petitioners under 10 C.F.R. 92.714(a)(1) and the submission of a l

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contention by West Newbury and a ruling as to the admissibility thereof."

In view of an absence of a MRERP we will acmit TOWN, Massachusetts pursuant to the provisions of 10 C.F.R. s2.715(c). We believe this will afford TOWN an opportunity to participate in the earliest stages of any litigation based on the MRERP.

The Board acknowledges the Notice of Appearance of Judith H.

Mizner, Esq., Silverglate, Gertner, Baker, Fine, Good, and Mizner, 88 Broad Street, Boston, Massachusetts 02110 on behalf of TOWN, Massachusetts. Service of all matters pertaining to the MRERP will be henceforth made on TOWN's counsel.

IT IS 50 ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

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. << s< , , u Hele6 F.~ Tioft, Chairpe Administrative Judge [jfon Dated at Bethesda, Maryland this 20th day of November 1986.

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