ML20214J561
| ML20214J561 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/25/1986 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1694 OL, NUDOCS 8612010350 | |
| Download: ML20214J561 (7) | |
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??N5?D M NOV 23 pg;94 cy,, 11/25/86 UNITED STATES CF AMERICA 00c;? 7, NUCLEAR REGULATCRY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL l
NEW HAMPSHIRE, et al.
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50-444-OL
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(Seabrook Station, Units 1 and 2)
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(Offsite Emergency Planning
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Issues)
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APPLICANTS' ANSWER TO THE MOTION TO RECONSIDER CONTAINED IN " ATTORNEY GENERAL FRANCIS X.
BELLOTTI'S RESPONSE AND OBJECTION TO MEMORANDUM AND ORDER OF NOVEMBER 4, 1986 AND MOTION FOR RECONSIDERATION" Under date of November 17, 1986, the Attorney General of The Commonwealth of Massachusetts ] Mass AG) has filed a document entitled " Attorney General Francis X.
Bellotti's Response and Objection to Memorandum and Order of November 4, 1986 and Motion for Reconsideration" ("the Motion").
Herein the Applicant's answer this pleading insofar as it is a Motion for Reconsideration and say that, for the reasons set forth 1
8612010350 861125 PDR ADOCK 05000443 3
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r below, the same should be denied.
The Motion seeks reconsideration of twc aspects of the Board's Order of November 4, 1986.
The first matter as to which reconsideration is sought :s tne ruling of the Board that late filed contentions contemplated to be filed by December 1,
1986, snould be confined to matters arising out of Revision 2 of the New Hampshire Radiological Emergency Response Plan (NHRERP).
It is argued that this is unfair because Mass AG unilaterally, and without advising the Board or the Parties elected not to file promptly any contentions with respect to the NHRERP it might have arising out Revision 1 to that plan which was issued last summer.
To begin with, Mass AG has, in our view, misread the thrust of the Board's Order.
As we understand the Board's Order it is saying that the filing of a contention based soley on Revi sion 2 of NHRERP will be deemed to have satisfied the first of the "five factors" by which late filed contentions i
are judged assuming that the contention is filed on or before December 1,
1986.
We do not understand the Board to have t
I ruled that if a late-filed contention based on othee than i
Revision 2 is filed it will be out of hand rejected.
We say that the Board did not so rule, because it would be powerless f
to do so.
Under the Commission's Rules of Practice a late filed contention can be filed at any time.
The problem is 2
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that the later it is filed af ter the prcpenent became aware of its existence, the burden that the propenent must shoulder with respect to the other factors becomes heavier. E.g.,
Vir gin'i a Electric & Power Company (North Anna Station, Units 1 and 21, ALAB-289, 2 NRC 395, 398 (1975); Freject Management Corp. (Clinch River Breecer Reacter Plant), ALAB-354, 4 NRC 383, 389 (1976).
Per contra, if there is a good explanation for the failure to 2ile on time, the burden with respect to the other factors will be easier.
E.g.,
Florida Power & Light Co. (St. Lucie Nuclear Power Plant, Unit 2), ALAB-420, 6 NRC 8,
22 (1977).
This is the law.
Mass AG has been the beneficiary of an anticipator - ruling on certain of the contentions he may file.
He is entitled to no such ruling on contentions which could have been filed last summer.
The second matter as to which reconsideration is sought is the setting of December 1,
1986 as the date on which contentions arising out of Revision 2 must be filed in order to get the benefit of the rule discussed above.
The Board has already rejected the burden argument made in support of this portion of the motion in its November'4 Memorandum and Order.
The Board should adhere to its ruling for the reasons set forth therein.
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CCNCLUSICN F:sr the reasons. set forth above, the Motion for Reconsideration filec by Mass AG should be denied.
' Respectfully submitted, w
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yxP Thomas G. g~I an, Jr.
R.
K.
Gad II Kathryn A.
Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 Counsel for Apolicants S
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'86 N@l 2g P 6.04 CERTIFICATE OF SERVICE I, Kathryn A.
Selleck, one of the attorneys,for_,the.
Imadeserviceofthewithindocumentbydeposit[ingcopies Applicants herein, hereby certify that on Novemljt MrS,;3 986,.
thereof with. Federal Express, prepaid, for delivery to (or, 3
where-indicated, by depositing in the United States mail, first class postage paidI, addressed to):
Administrative Judge Helen Hoyt, Robert Carrigg, Chairman Chairperson, Atomic Safety and Board of Selectmen Licensing Board Panel Town Office U.S. Nuclear Regulatory Atlantic Avenue Commission North Hampton, NH 03862 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Dr. Emmeth A. Luebke Diane Curran, Esquire Atomic Safety and Licensing Andrea C.
Ferster, Esquire Board Panel Harmon & Weiss U.S. Nuclear Regulatory Suite 430 Commission 2001 S Street, N.W.
East West Towers Building Washington, DC 20009 4350 East West Highway Bethesda, MD 20814 Dr. Jerry Harbour Stephen E.
Merrill Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee U.S. Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 Bethesda, MD 20814
- Atomic Safety and Licensing Sherwin E. Turk, Esquire Board Panel Office of the Executive Legal l
U.S. Nuclear Regulatory Director l
Commission U.S.
Nuclear Regulatory Commission Washington, DC 20555 Tenth Floor 7735 Old Georgetown Road Bethesda, MD 20814
- Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel 116 Lowell Street U.S. Nuclear Regulatory P.O.
Box 516 Commission Manchester, NH 03105 l
Washington, DC 20555
Philip Ahrens, Esquire Mr. J.P. Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road
. General Rye, NH 03870 Augusta, ME 04333 Paul McEachern, Esquire, Carol S.
Sneider, Esquire Matthew T. Brock, Esquire Assistant Attorney General Department of the Attorney General Shaines & McEachern 25 Maplewood Avenue One Ashburton Place, 19th Floor P.O.
Box 360 Boston, MA 02108 Portsmouth, NH 03801 Mrs. Sandra Gavutis.
Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Route 107 126 Daniel Street i
Kensington, NH 03827 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. Peter J. Matthews 1 Pillsbury Street Mayor Concord, NH 03301 City Hall l
.(Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street l
10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Brentwood Board of Selectmen I
Office of General Counsel RED Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
l Washington, DC 20472 Gary W. Holmes, Esquire Richard A. Hampe, Esquire i.
Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street l
Hampton, NH 03841 Concord, NH 03301 l
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Mr. Ed Thomas Judith H. Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker, 442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Office Square Boston, MA 02110 Boston, MA 02109 Charles P. Graham, Esquipe McKay, Murphy and Graham 100 Main Street Amesbury, MA 01913
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Ka'thryn A.
Selleck
- (*= Ordinary U.S.
First Class Mail.)
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