ML20214G540
| ML20214G540 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/21/1986 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1642 NUDOCS 8611260130 | |
| Download: ML20214G540 (7) | |
Text
t (bat 11/21/86 DCLKETED USNRC r
UNITED STATES OF AMERICA NUCLEAR REGULATCRY CDMMISSION
'86 El 25 Pl2 :19 BEFORE THE ATOMIC SAFETY AND LICENSING BOAE$f, In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443 OL NEW HAMPSHIRE, et al.
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50-444 OL
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Off-Site Emergency
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(Seabrook Station, Units 1 and 2)
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Planning Issues NRC STAFF'S PROPOSED SCHEDULE FOR HEARINGS ON THE NEW HAMPSHIRE RADIOLOGICAL EMERGENCY RESPONSE PLAN Pursuant to the Licensing Board's Memorandum and Order of November 4, 1986 (" Order"), the NRC Staff hereby submits its proposed schedule for hearings on the New Hampshire Radiological Emergency Response Plan (NHRERP), as set forth in the Attachment hereto.
The Staff notes that its proposed schedule is generally consistent with the time frames that have guided the Licensing Board in the past in esia'ul ishing hearing schedules in this proceeding, mocitiea to penn1t responsive pleadings to be filed by regular mail rather than by express mail. This modification is intended to avert unnecessary expenditures on the part of all parties, while resulting in only a slight extension of the schedule and no likely impact upon licensing.
The Staff is cognizant of the Licensing Board's expressed view that
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the time frames which guided the Board in the past "can and should be shortened in view of the time the parties have had the NH plans and the approximate two months that Revision 2 of the NHRERP has been in the 8611260130 861121 PDR ADOCK 05000443
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possession of each of the parties."
While the Board is correct in its observations concerning the amount of time the parties have had the referenced documents, the Staff subrnits that other factors require that the established tima frames not be abridged.
First, the Board has pending before it two contentions (filed by SAPL and the Town of Hampton) concerning the KLD evacuation time estimates.
No issues pertaining to KLD's work have been admitted for l
litigation until now, because the Sta te adopted the KLD ETEs only recently.
Should these contentions be admitted by the Board, as the Staff has recommended, they are likely to be the subject of extensive 1
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discovery and litigation before the parties will be able to proceed to an evidentiary hearing on them.
Similarly, contentions on NHRERP Revision 2 may require litigation of the February 1986 exercise results and the FEMA RAC review of the NHRERP, which also promise to require some time for litigation prior to,
the commencement of hearings.
In addition, the FEMA RAC review of NHRERP Revision 2 has not yet been completed, and the parties are likely to require some time to study the results of that review following publication of the RAC's comments.
For these reasons, the Staff recommends that the Board continue to refer to the time frames which previously guided the Board in establishing its hearing schedules.1 1
In addition, other factors are likely to impact upon the parties' ability to adhere to a more compressed time schedule, such as (1) the prosecution of appeals from the forthcoming decision in the safety and on-site emergency planning proceeding; (2) the Applicants' likely submission of a utility plan for the Massachusetts portions of the plume exposure EPZ; and (3) the possibility that the Applicants will request an exemption from the 10-mile EPZ requirements.
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For the reasons set forth above, the Staff recomends that the Licensing Board adopt the hearing schedule set forth in the Attachment hereto.
Respectfully submitted, Lb Sherwin E. Turk Senior Supervisory Trial Attorney Dated at Bethesda, Maryland
'this 21st day of November,1986 i
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Attachment I
NRC STAFF'S PROPOSED SCHEDULE FOR HEARINGS ON THE NHRERP 12/1/86 Contentions due on NHRERP Revision 2 l
12/16/86 Responses to contentions due from parties other than the Staff 12/22/86 Staff response to contentions due 1/8/87 Prehearing Conference 1/15/87 Board ruling on contentions Discovery commences 2/14/87 Discovery closes; last request due 3/6/87 Responses to last discovery request due 3/16/87 Motions for summary disposition and consolidation due 4/10/87 Responses to motions for summary disposition due 4/27/87 Responses to new facts and arguments contained in answers to SD motions l
5/11/87 Board ruling on motions for summary disposition and consolidation 6/1/87 Prefiled testimony due 6/15/87 Evidentiary hearing commences
00 METED USNHC UNITED STATES OF AMERICA NUCLEAR REGULATORY TOMMISSION 86 NOV 25 Pl2:l9 GFFICC t -
00CKirg ; e BEFORE THE ATOMIC SAFETY AND LICENSING BOARD q
In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Not. 50-443 OL NEW HAMPSHIRE, et al.
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50-444 OL
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Off-Site Emergency (Seabrook Station, Units 1 and 2)
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Planning Issues CERTIFICATE OF SERVICE I hereby certify that copies of "NRC Staff's Proposed Schedule for Hearings on the New Hampshire Radiological Emergency Response Plan" in the above-captioned proceeding have been served on the following by deposit in the United States niail, first class, or as indiceted by an asterisk, by deposit in the Nuclear Regulatory Comission's internal mail system, this 21st day of November,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 Harbour
- Ms. Carol Sneider, Esq.
Administrative Judge Assistant Attorney General Atomic Sakty and pmmeing Bea d Ofa.cc cf the Attgrney Osy,ud U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor Washington, D.C.
20555 Boston, MA 02108 Beverly Hollingworth Stephen E. Merrill 2D9 Winnacunnet Road Attorney General Hampton, NH 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, NH 03827 Richard A. Hampe, Esq.
New Hampshire Civil Defense Agency 107 Pleasant Street Concord, NH 03301
h 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 Charles P. Graham, Esq.
President and Chief Executive Officer McKay, Murphy end Graham Public Service Co. of New Hampshire 100 Main Street P.O. Box 330 Amesbury, MA 01913 Manchester, NH 03105 Diane Curran, Esq.
Robert A. Backus, Esq.
Harmon a Weiss Backus, Meyer & Solomon 2001 S Street, N.W.
116 Lowell Street Suite 430 Manchester, NH 03106 Washington, D.C.
20003 Edward A. Thomas Philip Ahrens, Esq.
I 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 H.J. Flynn, Esq.
Thomas G. Dignan, Jr., Esq.
Assistant General Counsel Ropes a Gray Federal Emergency Management Agency 225 Franklin Street 4
500 C Street, S.W.
Boston, MA 02110 Washington, D.C.
20472 Jane Doughty Atomic Safety and Licensing f
Seacoast Anti-Pollution League Board
- 5 Market Street U.S. Nuclear Regulatory Commission Portsmouth, NI! 03801 Washington, D.C.
20555 Atomic Safety and Licensing Paul McEachern, Esq.
Appeal Panel
- Matthew T. Brock, Esq.
U.S. Nuclear Regulatory Commission Shaines a McEachern Washington, D.C.
20555 25 Maplewood Avenue P.O. Box 360 Portsmouth, NH 03801 I
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Docketing and Service Section*
William Armstrong Office of the Secretary Civil Defense Director U.S. Nuclear Regulatory Commission Town of Exeter Wcshington, 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 Selectmr:r Board of Selectmen South Hampton, N,' 03827 Town Hall - Friend Street Amesbury, MA 01913 flv. Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairman Board of Selectmen Board of Selectmen Town Ofnce 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 0386::
R. K. Gad III, Esq.
Gary W. Holmes, Esq.
Ropes & Gray Holmes a Ellis 225 Franklin Etreet 47 Winnacunnet Road Boston, MA 02110 Hampton, NH 03842 Judith H. Mizner, Esq.
Silverglate, Gertner, Baker Fine and Good 88 Broad Street Boston, MA 02110 v$
Sherwin E. Turk Senior Supervisory Trial Attorney I
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